Site icon Ethiopian Legal Brief

Southern Nation, Nationalities and Peoples’ Regional State Amended Procedure of Granting Pardon Proclamation No. 157/2015

Preamble

Whereas, it has become necessary to proclaim effective and efficient granting pardon procedure that  keep the benefit of the people, government as well as prisoners through compromising Federal Criminal law article /229/ and other laws’ provisions with regional constitution regarding granting pardon;

Whereas, it has been found vital to issue new granting pardon procedure proclamation by incorporating other matters that never been encompassed under the old granting pardon procedure proclamation no 99/2006 of the region;

 Now, therefore, in accordance with article 51/3/ /a/ of the revised constitution of the Southern Nation, Nationalities and Peoples’ Regional State, it is here by proclaimed as follows.

Part One

General

  1. Short Title

This proclamation may be cited as “Southern Nation, Nationalities and peoples’ Regional State Amended Granting pardon procedure proclamation no 157/2015”

In this proclamation, unless the context otherwise requires:-

  1. “Chief Executive” means Southern Nation, Nationalities and Peoples’ Regional state government.
  2. “Administrative Council” means Southern Nation, Nationalities and Peoples’ Regional state government Administrative Council.

3Scope of Application

This proclamation shall be applicable on penalties rendered on criminal cases by regional state court.

  1. Without prejudice to the provision under sub-article/1/  of this article, this proclamation shall not cover:-
  2. Criminal offence on humanity that stated under article /28/ in regional constitution;

PART TWO

ORGANS GRANTING AND EXECUTING PARDONS

4. Power of chief executive

The chief executive shall have power to grant pardon in accordance with this proclamation.

5. Establishment of Board of Pardon

1. A Board of pardon (hereinafter refer as the “Board”) which examine petition of pardon and submit recommendation to the chief executive is hereby established,

2. The Board shall be accountable to chief executive

The Board shall have the following members:-

  1. Head, Justice Bureau ………. Chair person
  1.  Two persons nominated by the chief executive to represent the society …member.

7. Duties and Powers of the Board

  1. The Board shall have the following powers and duties :
  1. examine a petition for pardon lodged pursuant  to this Proclamation and submit recommendation to the chief executive that pardon granted on condition or without condition, in whole or in part, or to carry out the penalty enforcement in simple manner or ratify the penalty if it is found unpardonable
  2. formulate criteria necessary for granting pardon by taking into account the current situation and objective reality;

8. Duties of Members of the Board

Every member of the Board shall have the   obligation to:-

  1. Exert the necessary effort for the attainment of the objectives of the Board;

‹‹

9. Powers and Duties of Chairperson of the Board

      The Board chairperson shall have the following powers and duties:-

  1. Preside over the meeting of the Board;

Submit to the chief executive a report on the performance of the Board every six month;

10.  Powers and Duties of the Deputy Chairperson of the Board

  1. The deputy chairperson shall act on behalf of the chairperson in the absence of the later;
  2. The deputy chairperson shall discharge such other duties entrusted to him by the chairperson.

11.  The Board’s Meeting Procedure

  1. The Board shall meet at any time upon the call of the chairperson;
  2. There shall be a quorum when more than half of the Board members are present at a meeting;

12. Office of the Board 

           The office of the Board of pardon (hereinafter refer as the “Office”) shall be organized with in Justice Bureau.

13.  Duties and Responsibilities of Office of the Board

The office shall have the following duties  and responsibilities:-

  1. Accept petition for pardon lodged in accordance with this proclamation, compile the necessary information thereon, and submit same for the decision of the Board;

[

14.  Duties and Responsibilities of the Head of the office

The Head of the Board office shall have the following duties and responsibilities:-

  1. Execute the duties and responsibilities of the office;

PART THREE

GRANTING AND EXECUTING PARDON

15.     Lodging Petition of Pardon

  1. To achieve objective prescribed at the beginning of this proclamation, the Board shall entertain pardon petition lodged in accordance with this proclamation by weighing with the interest of the government, public and prisoner;
  2. Without prejudice to the provisions of sub article (1) of this article, any person convicted for crime and sentenced by a final decision of the court may lodge petition for pardon by himself or through his spouse, close relative, representative or his attorney;
  3. Unless the petition is lodged by himself, his lawyer or his representative, the prisoner in whose name petition for pardon is lodged shall confirm by his signature that he agrees with the petition for pardon;

The person in whose favors a petition for pardon has been submitted pursuant to sub- article (4) and (5) of this article shall be presumed to accept the petition unless he notifies his rejection to the board in writing within 15 working days from the date of receipt of the copy of the petition;

16. Particulars of petition for pardon

  1. The petition for pardon with respect to a sentence that applies to an individual shall contain the following information.
  1. The petitioner’s full name including grandfather’s name, mother’s full name age, sex, nationality, nation, and occupation and address before his imprisonment;
  1. The full names and addresses of three persons who are not related to the petitioner by consanguinity affinity or any interest and who can give testimony on the ethical conduct of the petitioner prior to the sentence;
  2. Whether paid the fine or compensation or both imposed by the court if any, or the reasons there of if not paid;
  3. If the petition for pardon is being lodged by a person other than the petitioner the legal ground for lodging such petition;

17. Time for Lodging Petition for pardon

  1. Any person lodging petition for pardon pursuant to article 16 of this proclamation may do so
  1. At any time after the decision of sentences;

18.  Examination of Petition for pardon

Upon the receipt of the petition for pardon, the board shall, as may be necessary, examine, in addition to the particulars required under article /16/ of this proclamation, files of the public prosecutor and the court and any evidence or information for or against the petition furnished by any person or discovered by it.

Obligations of Witnesses and Experts

Any person who gives his testimony or expert to the board on the petition for pardon shall provide his testimony or opinion only on the basis of truth and expertise knowledge.

20.     Consideration Conditions for Granting Pardon

The following conditions shall be taken into consideration for granting pardon:-

  1. The petitioner’s dangerous disposition;

21. Procedure of Decision of Pardon

  1. The board shall examine pardon petitions submitted to it;
  2.  The board shall submit to the chief executive name of the person considered eligible for pardon and the explanation there of;
  3. The chief executive shall give his final decision based on the name and explanation submitted to him. 

22. Effect of Pardon

  1. Unless the pardon decision expressed otherwise, the pardon shall make  ineffective all penalties imposed by court;
  2. Notwithstanding the provision of sub-article (1) of this article, the decision on pardon may not invalidate civil liabilities emanating from the criminal decision;
  3. Unless the pardon decision expressed otherwise, penalties served before the decision of pardon shall remain effective.

23. Nullity of pardon

  1. A pardon granted on the basis of false or fraudulent evidence shall be null and void;

24. Proof of Pardon

  1. A person granted pardon shall prove the grant of pardons by providing the certificate of pardon;
  2. Notwithstanding the provisions of sub-article (1) of this article, the person who lost his certificate of pardon may request the office to furnish evidence to the concerned party that he is granted pardon.

PART FOUR

MISCELLANEOUS PROVISIONS

25. Duty to Cooperate

Any person shall have the duty to cooperate, when requested to do so, in providing evidence, information or opinion required in the course of granting pardon in accordance with this proclamation.

Transfer of Rights and Duties

The rights and duties of the board established under the procedure of pardons proclamation No. 99/2006 are here by transferred to the board established hereunder.

27. Repealed Law

The procedure of pardon proclamation No 99/2006 is hereby repealed.

28. Power to Issue Regulation and Directive

  1. The administrative council of the regional government issue regulation necessary for the implementation of this proclamation.
  2. The board may issue directives necessary for the implementation of this proclamation and regulation issued pursuant to sub-article (1) of this article.

29. Effective Date

This proclamation shall enter into force on the date of publication in the debub Negarit Gazette.

Done at Hawassa this10th day of February, 2015.

Dese Daleke,

Southern Nation, Nationalities and People Regional State,

President

Exit mobile version