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Mercy and the Mercy Commission

September 21, 2024 11:59 am

2000 mutiny leader Shane Stevens and 2000 coup leader George Speight pictured with FCS Commissioner Dr. Jalesi Nakarawa [Source: FCS / Facebook]

The Fiji Corrections Service says the concept of mercy in the context of prisoners is deeply rooted in the principles of justice, humanity, and rehabilitation.

In a statement, the FCS says mercy recognizes that while the legal system imposes punishment for crimes, there may be instances where the severity of a sentence should be tempered by compassion, rehabilitation, or changing circumstances.

It says mercy allows for the consideration of factors beyond the crime itself, focusing on the potential for redemption, the impact of punishment on the individual, and societal interests.

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FBC News understands that the statement is being issued following the release of 2000 coup leader George Speight and mutiny leader Shane Stevens and others.The FCS says mercy is closely tied to the idea of rehabilitation.

It says if the purpose of prison is not just to punish but also to reform, then mercy serves as a recognition of that rehabilitation.

The Fiji Corrections Service says for example, prisoners who demonstrate consistent good behavior, express genuine remorse, or successfully participate in educational or vocational programs can be seen as deserving of a second chance.

It says this fosters a more constructive approach to incarceration, focusing on reintegrating offenders into society as law-abiding citizens.

The FCS says in this sense, mercy can act as a reward for rehabilitation, reinforcing positive behavior within the prison system and reducing recidivism saying it also provides hope for inmates, motivating them to strive for improvement during their incarceration.

It adds that the Mercy Commission plays a crucial role in ensuring that the process of granting mercy is not arbitrary or politically motivated.
It says the Commission serves as a structured, legal avenue through which prisoners can seek mercy based on specific criteria and a thorough review of their cases.

It further says the Commission’s ability to recommend pardons, commutations, or sentence reductions reflects an institutionalized form of mercy. This ensures that while individual cases of mercy can be reviewed, the overall process remains fair, consistent, and aligned with broader principles of justice.

Meanwhile, the FCS says one of the central debates surrounding mercy for prisoners is how it can be balanced with justice.

It says critics argue that granting mercy too freely can undermine the deterrent effect of punishment, leading to perceptions of leniency in the justice system.

It adds that for victims, the granting of mercy can feel like a denial of justice, particularly if they believe the punishment should match the crime’s severity.

It says on the other hand, mercy is seen as an essential counterbalance to the rigidity of the law, providing flexibility in cases where strict adherence to punishment may be excessive or inhumane.

The FCS says mercy for prisoners is not about negating the consequences of their actions, but about recognizing that circumstances can change, that people can grow, and that justice can be tempered by compassion.

More to follow.