Part 5 Prerogative of Mercy
Part 5 of Chapter 7, comprises a single section: Sections 115. Titled Prerogative of Mercy, it authorizes the President to issue full pardons and conditional pardons to persons convicted of any legal offence, to remit all or part of any penalty imposed, or to "grant... a respite, either indefinitely or for a specified period, of the execution of the punishment imposed for the offence." This power is not to be exercised independently but only on the advice of the Commission on the Prerogative of Mercy. This commission consists of three persons: its chairman, the Attorney-General, and two other persons appointed by the President "acting in his or her own judgement." The appointment of this commission is one of the few aspects of government in which the President has a free hand. If a person has been sentenced to death in a civilian court, the commission must consider a report on the case written by the judge who presided at the trial, or, in the event of absence of that judge, by the Chief Justice. The commission must also take into account any other relevant facts derived from the record of the case, or from any sources to which the commission has access, before advising the President on whether or not to exercise the Prerogative of Mercy.
The Prerogative of Mercy was exercised by President Ratu Josefa Iloilo in 2001, when he commuted to life imprisonment the death sentence imposed on George Speight, who was convicted of treason for his leading role in the 2000 coup.
Read more about this topic: Constitution Of Fiji: Chapter 7
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