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”

  • Definitions

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.
  • “Court” means regular court that found in the Southern Nation, Nationalities and Peoples’ Regional State in any levels established by the law.
  • “Bureau” means Southern Nation, Nationalities and Peoples’ Regional state government Justice Bureau.
  • “Prison Administration Commission” means Southern Nation, Nationalities and Peoples’ Regional state government Prison Administration Commission.
  • Pardonmeans to remit a sentence on criminal case decided in court either in whole or in part or to reduce it to a lesser nature or gravity.
  • “Sentence” means a final court decision of principal punishment, secondary punishment or protection and vigorous warning measure passed on a criminal case. 
  • “Petitioner” means a person concerned with the sentence on which petition for pardon has been lodged.
  • “Prison” means a place of confinement under the control of regional state prison administration commission.
  • “Board” means body that examines case of pardon request and submit recommendations to the chief executive.
  • “Person” means natural or legal person.
  • “Gender Expression” means any expression in a masculine gender includes the feminine.

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;
  • Death sentences sentenced by regional courts;
  • Decision given by Federal courts on federal crime matters;
  • Decision on Federal criminal matters given by regional courts delegating the federal courts.
  • Concerning other offences that inhibit pardon shall be decided by regulation and directive.

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

  • Members of the Board

The Board shall have the following members:-

  1. Head, Justice Bureau ………. Chair person
  • Head, Security administration Bureau ……   deputy chairperson
  • Head, Women, Children and Youth affairs……………………………… member
  • Head, Labour and Social affairs ….. member
  • Deputy Head, Justice Bureau and owner of prosecution process ………………member
  • Police Commission Commissioner………. …………………………………. member.
  • Prison Administration Commission Commissioner………………………. member.
  • Legal Advisor of the chief executive………. Member.
  • Medical Doctor assigned by the Health Bureau…………….member.
  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;
  • examine the prosecution provided upon the people who granted pardon by chief executive are not fulfilled the precondition or desecrated or the pardon granted with bogus information, and submit the recommendation to chief executive;
  • When necessary, require the public prosecutor involved in the prosecution, any official or individual to present his opinion by appearing in person or in writing;
  • Carry out other functions given by law.
    • Without prejudice sub-article /1/ prescribed under this article, the Board may, where necessary, delegate its powers and duties to regional Boards of pardon office or organs who vested power to examine petition of pardon based the law.

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;
  • Attend meeting of the Board;

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  • Examine issues presented by the Board;
  • Inform the chairperson of the Board and exclude himself from meeting of the Board where the issue under discussion raises conflict of interest;
  •  Unless officially disclosed by law, has an obligation to keep secret the information on his hand while he is working as member 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;
  • Notify to the concerned bodies, through the office of Board  about the persons granted pardon duties;

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

  • Whenever necessary, couse the declaration of decision of pardon through the mass media; and
  • Discharge other related duties entrusted to him by the chief executive.

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;
  • The Board shall pass its decisions by majority vote; in case of a tie, the chairperson shall have a casting vote;

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;
  • Keep and preserve properly the records and documents of the Board;
  • Keep and preserve properly all the recommendations of the Board as well as decision approved by the chief executive and prepare statics of same;
  • Communicate the decision of the chief executive and Board on petition of pardon to the prison administration where the petitioner is confined, and follow up the implementation of same; and provide certificate of pardon;
  • Communicate to the concerned parties the order of the Board, given in accordance with Article 23 (3) of this proclamation, on the nullity of pardon and the reactivation of execution of the sentence
  • Keep records of pardons and make the records open to the public in accordance with the appropriate law;
  • Carry out other functions given by law.

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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;
  • Pass call of meeting to the members of the Board; ensure that the necessary documents for the meeting are delivered to the members;
  • Serve as secretary of the Board;
  • Carry out other duties assigned to him by the chairperson of the Board.

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;
  • Notwithstanding the provision of sub-article (2) of this article, the office or the federal prison administration may lodge on behalf of prisoners petition for the granting of pardon to the board upon selecting prisoners who deserve pardon in accordance with the regulation or directive issued hereunder;
  • The petition for pardon to be lodged pursuant to sub-article (4) of this article shall first present to the prisoner on whose behalf it is requested before submitted to the board;

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;

  • If a person fails to notify his rejection of a petition for pardon within the time specified in sub-article (6) of this article due to force majeure, he may notify such rejection with in 15 days from the date of cessation of the force majeure.

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;
  • Residential address of the petitioner within the five years immediately preceding the date of the crime for which he is convicted;
  • The crime for which he was changed, the criminal provision with which he was convicted and the penalty imposed, the court passed the sentence, the stage of the execution of the sentence and number of the case docket;
  • Apart from petty offences, previous convictions, if any type of the crime, the penalty imposed the stage of the execution of the sentence and the name of the court which passed the sentence;
  • The name of the prison or the institution in which the petitioner serves his sentence;
  • The reasons for being eligible for pardon;
  •  Contractual document of reconcile agreement if he committed crime that needs reconcile the board shall decide on the directive to be issued concerning the crimes that needs reconcile;
  • Opinion of the prison or the institution given in relation to the conduct of the petitioner;
  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;
  • The list of supporting documents if any attached to the petition for pardon, and
  • Provide with disclosing the place where supporting documents are found, if any, not attached to the petition for pardon.
  • The petition for pardon with respect to a sentence that applies to a legal person shall be based on the provision of sub-article (1) of this article.

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;
  • Six months after the date of denial of a previous petition; or
  • One year after the date of granting if the pardon was partial.
  • Notwithstanding paragraphs (b) and (c) of sub-article (1) of this article, a petition may be lodged at any time if it is considered urgent and gets approval of three-fourth of the members of the board.

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;
  • The gravity of the offence and the duration of the time the petitioner has been in custody and prison;
  • Information gathered from the office the petitioner was previously working or local community of his previous residence or his family or his doctors or other relevant organs;
  • The petitioner’s disposition to live in peace in the future;
  • The petitioner’s confession and repentance or his effort to reconcile with the victim or his family and compensate them, or his ability and willingness to settle the compensation decided against him;
  • The petitioner’s good conduct and ethics demonstrated during his stay in prison;
  • Opinion of the victim or his family on the petition for pardon, if it is possible to contact them;
  • The family and health status of the petitioner and his age condition.

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;
  • A pardon shall become nulls and void if the condition specified for granting the pardons has been violated;
  • Where the board ascertains the nullity of a pardon pursuant to sub-article (1) or (2) of this article, it shall submit recommendation to the chief executive in order to reactive the execution of the sentence with its content existed before the pardon;
  • The order of the chief executive passed pursuant to sub-article (3) of this article shall be served to the bodies responsible for the execution of the sentence and to the person who was granted the pardon;
  • The person who was granted pardon had been in prison before the pardon, an application requesting arrest order shall be made to first instance court in order to return the person to prison;
  • In accordance with the arrest order given by the court, the person who granted pardon shall return to prison;
  • The person who was granted the pardon may, within 15 working days from receipt of the order of the president referred to in sub article (3) of this article, submit his application to the board for the reconsideration of the order;
  • Where the application submitted pursuant to sub article (7) of this article is rejected by the Board, the person who was granted the pardon shall return the certificate of pardon to the office.

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

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