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GAMBIA: A CALL FOR CLEAR GUIDELINES AND TRANSPARENT PROCESS IN THE EXERCISE OF PRESIDENTIAL PARDON – NDEY JORBATEH

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I have been reflecting on the Presidential Pardons and I would like to urge Parliament to look into the Presidential Prerogative of Mercy . The recent case of the pardon and release of Femicidists and rapists calls for clear guidelines and transparent process in the exercise of Presidential Pardon. The recent decision by the President to grant absolute pardon to rapists and femicidists is not a judicious exercise of the power of Prerogative of Mercy. These people were convicted for murder and rape and justice was well served, Presidential Mercy has unserved justice in the most uncharacteristic manner in recent history of Presidential Pardons. Thus emboldening offenders of heinous crimes who might base on the knowledge that mercy and pardon will be shown to them, they will commit crimes with no regards to the consequences of the offenses.

This is a worrying occurrence that is visibly in conflict with the intent and purpose of the powers of Presidential Prerogative of Mercy. The said exercise of prerogative by the President to pardon and release these convicts is indeed founded on the law, but in this case, such power was not exercised judiciously.

The Prerogative of Mercy without better guidelines on who should be pardoned , appears not to be a show of good will and mercy. The release of these rapists and murderers has triggered so much public outrage and this is as a result of the absence of clear guidelines and transparent process in the exercise of Presidential Pardon. Until better guidelines are followed, instead of leaving it to the unfettered discretion of the President, the Presidential Prerogative of Mercy will continue to be abused and used as an instrument to reprieve cronies.

Thus, I urged the members of The Gambia National Assembly to help look into this to protect victims and the people of this country from the continued abuse of such powers by The President!!

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