10,000 Prisoners Granted Pardons

ADDIS ABABA - On September 10, 2006, the eve of the Ethiopian New Year, 10,000 prisoners will be granted pardons. A great number of families will go into the New Year celebrating this momentous occasion in their lives. Their loved ones will no longer be behind bars. With the pardons that they will have been granted, the ex-prisoners shall have the joy of joining family in the New Year celebration. However, the joy is not only theirs. The whole nation celebrates with those who will be released, their families and loved ones. It is indeed a special day for Justice for All-Prison Fellowship Ethiopia (JFA-PFE), advocates of pardons for quite some years. However, other organizations have played a great role in making such a historic day a reality. Taking the lead, of course, is the Federal Ministry of Justice. The Minister of Justice, Ato Asseffa Kesseto, has played a remarkable role in this commendable accomplishment. Black’s Law Dictionary defines Pardons as, “The act or instance of officially nullifying punishment or other legal consequences of a crime.”

  
     
   
We understand from this definition that pardons are granted to those who have been convicted of crime. It is also agreed that granting pardons is a prerogative of the executive wing of the government. In history, it was England who initiated the procedure of pardons first in the 14th century. For centuries thereafter, kings and queens of England exercised their power to grant pardons as they saw fit. In the late 19th century these powers were limited somewhat by parliament, until the relatively recent promulgation of the “Rehabilitation of the Offenders Act”. This act instituted the National Board of Pardons, whose responsibility it was to investigate petitions for pardon and to present recommendations to Queen Elizabeth II. In France pardons are granted by the President, following a recommendation by a body under the Ministry of Justice.
Federal & Regional Justice Officials with USA Ambassador, Vicki Huddleston at the Hilton Hotel July 24, 2006
 
   

In America pardons are granted by the President with the recommendation of the Pardon Attorney (in the Justice Department).In Ethiopian history, it has been observed that the monarchs used to grant pardons. HistoryIn Ethiopian history, it has been observed that the monarchs used to grant pardons. History records that King Menelik gave clemency to the Italian prisons of war that were captured at the battle of Adwa. King Haile Selassie gave pardons to a total of 1853 prisoners during his annual coronation celebrations in 1956 and 1958.

In 1976 the Derg Government gave clemency to 209 political prisoners. This is the first time the present government has granted pardons. This is partly attributed to the complex nature of granting pardons in a Federal setting. A quick glance at Ethiopian legal history reveals that provisions of pardon were included in the monarchical constitutions of 1921and 1948. According to these constitutions the King had the right to grant pardon. The Derg communist constitution gave the power to grant pardons to the President of the Nation. The 1949 penal code of the country also includes provisions for granting pardons. However, the absence of detailed procedural provisions posed a big gap in the legal regime of the country until the promulgation of pardons procedure law in 2004. The advocacy efforts of JFA-PFE have helped formulate pardon procedure law in all the Regional States of Ethiopia. Amhara Region has been the first State to promulgate pardon procedure law. In all the other Regional States comparable laws are in the final stages of ratification. The Pardons Board is chaired by the Minister of Justice. JFA-PFE’s Executive Director is privileged to serve as a member of the board. Each week members meet to examine 3-7 petitions for pardon, and then sends its recommendations to the President of Ethiopia. Although effective, this procedure has proven to be rather slow and unable to process the increasing flow of pleas for pardon in a timely manner. It was this problem that led the board to pose and examine better ways of handling the issue of pleas for pardons. The board has now established a subcommittee that goes to the prisons and sifts out prisoners that ought to be granted pardons. While the board will still process pleas for pardon, the subcommittee will seek out prisoners who are sick or aged, submitting their recommendations to the board. It was against this backdrop that JFA-PFE organized an historic meeting for all justice bureau officials and prison administrators of the federal government and all the regional states on July 24, 2006 at Hilton Hotel. The meeting was chaired by His Excellency Ato Assefa Kessito. Deliberations were made as to have a general day of pardon at the eve of the approaching Ethiopian New Year. The US Ambassador, Vicky Huddleston, graced the meeting by delivering a stirring keynote address wherein she encouraged the participants of the meeting by saying “Perhaps most important is the work you are doing, because forgiveness reduces fear, suspicion and anger. It is the key to bind up the wounds of strife, bringing together this ethnically and religiously diverse country.” She also quoted Voltaire as saying “He who is merely just is severe”. At the end of the day, the participants unanimously agreed to do their level best to have a national day of pardons at the eve of the Ethiopian New Year.

The president of the Federal Republic of Ethiopia, His Excellency Ato Girma Wolde Giorgis fully endorsed the decision of this meeting. It is the culmination of these efforts that has brought along the dawning of this bright day. Justice For All-Prison Fellowship Ethiopia wishes to seize this opportunity to congratulate those who have been pardoned and their families. Moreover, we most respectfully thank all those who have participated in one way or another towards making this National Day of Pardon a reality.
 
           
The president of the Federal Republic of Ethiopia