The 2013 Constitution of Fiji, unlike the 1997 Constitution, has taken the prerogative of mercy power away from the President and it looks like gave it to the Attorney-General Aiyaz Sayed Khaiyum. Khaiyum is the Chair of the Prerogative of Mercy Commission. In May 2015 he told Parliament that Members of the Commission will be appointed soon and all applications will be assessed by the Commission. Its nearly Christmas 2017 and many prisoners have the right to petition for mercy but the list of names for the Mercy Commission have not been forwarded to the President. In his Parliament response, Khaiyum had informed us that the Judicial Service Commission was in the process of appointing the four-member commission with him the chairman [Raja]. "Once they have done that, any applications made under the Prerogative of Mercy Commission will then be assessed by the commission." He also admitted that there was no Parole Board. He was responding to questions regarding whether 2000 COUP conspirators, Timoci Silatolu and Josefa Nata, had applied for parole. The two have already served minimum sentences of nine and seven years respectively of their life imprisonment sentence for TREASON but are still behind bars. "...I certainly can speak on Mr Timoci Silatolu and Josefa Nata, they have not applied for parole; in fact there's no parole board at the moment." It was pointed out to him in Parliament that Silatolu and Nata's fixed terms of nine years and seven years had expired in 2012 and 2010 respectively but they were still being held in prison. To this Khaiyum said the sentences were mandatory, and it did not mean that after serving those terms they could automatically be released but rather it was a minimum period required for their life sentence. He said if need be, there was a particular process in place where, in the absence of a parole board, cases could be brought before the Prerogative of Mercy Commission. He said the Judicial Service Commission was in the process of appointing the four-member commission with him as the chairman. "Once they have done that, any applications made under the Prerogative of Mercy Commission will then be assessed by the commission." The 1987 and 2006 coupsters, led by Sitiveni Rabuka and Frank Bainimarama, are shielded by Rabuka's IMMUNITY contained in the 1990, 1997, and 2013 Constitution
IT'S CHRISTMAS TIME and many prisoners in Fiji have the right to petition for mercy. It is usually a prerogative power of the Monarch/President but the 2013 Constitution of Fiji, unlike the 1997 Constitution, has taken that prerogative away from the President and it looks like gave it to the Attorney-General Aiyaz Sayed Khaiyum. That is wrong and against all principles of mercy and natural justice.
The members of the Judicial Services Commission (JSC) are the Chief Justice Anthony Gates, Solicitor-General Sharvada Sharma, the president of the Fiji Court of Appeal Justice William Calanchini, and Jane Ricketts. There is no Mercy Commission as the JSC (which provides the names to the President after consultation with Khaiyum) is not able to put forward the four names.
Judicial sources claim that Khaiyum is not consulting with the JSC. But why is the JSC inactive on the matter? Why can't it approach Khaiyum directly on the membership and supply the names to the President?
Meanwhile, with Christmas fast approaching, relatives of the prisoners affected are very disappointed that their loved ones are stuck in a limbo because of the membership issue. They are praying for a speedy resolution, and even looking up to 'GOD TO HAVE MERCY' on the plight of the prisoners who have gone beyond their requisite sentences in Fijian prisons.
Sadly - many of these prisoners children are also waiting for a gift from 'Father Christmas' - a reunion with their fathers and mothers still behind bars.
The members of the Judicial Services Commission (JSC) are the Chief Justice Anthony Gates, Solicitor-General Sharvada Sharma, the president of the Fiji Court of Appeal Justice William Calanchini, and Jane Ricketts. There is no Mercy Commission as the JSC (which provides the names to the President after consultation with Khaiyum) is not able to put forward the four names.
Judicial sources claim that Khaiyum is not consulting with the JSC. But why is the JSC inactive on the matter? Why can't it approach Khaiyum directly on the membership and supply the names to the President?
Meanwhile, with Christmas fast approaching, relatives of the prisoners affected are very disappointed that their loved ones are stuck in a limbo because of the membership issue. They are praying for a speedy resolution, and even looking up to 'GOD TO HAVE MERCY' on the plight of the prisoners who have gone beyond their requisite sentences in Fijian prisons.
Sadly - many of these prisoners children are also waiting for a gift from 'Father Christmas' - a reunion with their fathers and mothers still behind bars.