Q&A Parole And Executive ClemencyPresentation Transcript

1.

2. WHAT IS PAROLE? It is the release of a prisoner from prison

after serving the minimum period of his indeterminate sentence.

3. WHO CANNOT BE GRANTED PAROLE? Generally, those

sentenced to a term of imprisonment of one (1) year or less, or to a straight
penalty, or to a prison sentence without a minimum term of imprisonment.

4. WHO MAY GRANT PAROLE TO A PRISONER? The Board of

Pardons and Parole, an agency under the Department of Justice.

5. WHEN MAY A PRISONER BE GRANTED PAROLE? Whenever

the Board of Pardons and Parole finds that there is a reasonable probability
that, if released, the prisoner will be law-abiding and that his release will
not be incompatible with the interest and welfare of society and when a
prisoner has already served the minimum penalty of his/her indeterminate
sentence of imprisonment.

6. WHAT HAPPENS IF A PAROLEE VIOLATES THE

CONDITIONS OF HIS PAROLE? He shall be rearrested and recommitted
or returned to prison to serve the unexpired portion of the maximum period
of his sentence.

7. WHAT IS EXECUTIVE CLEMENCY? It refers to the

Commutation of Sentence, Conditional Pardon and Absolute Pardon
maybe granted by the president upon recommendation of the Board.

8. WHAT IS COMMUTATION OF SENTENCE? It is the reduction

of the period of a prison sentence.

9. WHAT IS CONDITIONAL PARDON? It is the conditional

exemption of a guilty offender for the punishment imposed by a court.

10. WHAT IS ABSOLUTE PARDON? It is the total extinction of the

criminal liability of the individual to whom it is granted without any condition
whatsoever resulting to the full restoration of his civil rights.

11. WHO MAY FILE A PETITION FOR CONDITIONAL PARDON?

A prisoner who has served at least one-half (1/2) of the maximum of the
original indeterminate and/or definite prison term.

12. WHO MAY GRANT COMMUTATION OF SENTENCE AND

PARDON? The President of the Philippines.

13. WHO MAY FILE A PETITION FOR COMMUTATION OF

SENTENCE? The Board may review the petition of a prisoner for
commutation of sentence if he/she meets the following minimum
requirements: 1. At least one half (1/2) of the minimum of his indeterminate
and/or definite prison term or the aggregate minimum of his determinate
and/or prison terms;

14. WHO MAY FILE A PETITION FOR COMMUTATION OF

SENTENCE? At least ten (10) years for prisoners sentenced to one (1)
reclusion perpetua or one (1) life imprisonment, for crimes/offenses not
punishable under Republic Act 7659 and other special laws; At least twelve
(12) years, for prisoners whose sentences were adjusted to forty (40) years
in accordance with the provisions of Article 70 of the Revised Penal Code,
as amended;

15. WHO MAY FILE A PETITION FOR COMMUTATION OF

SENTENCE? At least fifteen (15) years for prisoners convicted of heinous
crimes as defined in Republic Act No. 7659 committed on or after January
1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life
imprisonment;

16. WHO MAY FILE A PETITION FOR COMMUTATION OF

SENTENCE? At least seventeen (17) years for prisoners sentenced to two
(2) or more reclusion perpetua or life imprisonment even if their sentences
were adjusted to forty (40) years in accordance with the provision of Article
70 of the Revised Penal Code, as amended;

17. WHO MAY FILE A PETITION FOR COMMUTATION OF

SENTENCE? At least twenty (20) years, for those sentenced to death
which was automatically commuted or reduced to reclusion perpetua.

18. WHO MAY FILE A PETITION FOR ABSOLUTE PARDON?

One may file a petition for absolute pardon if he had served his maximum
sentence or granted final release and discharge or court termination of
probation.

19. IS A PRISONER WHO IS RELEASED ON PAROLE OR

CONDITIONAL PARDON WITH PAROLE CONDITIONS PLACED UNDER
SUPERVISION? Yes, the prisoner is placed under the supervision of a
Probation and Parole Officer.

ClemencyPresentation Transcript

1. CLEMENCY SUCHITRA BAI PATENTS DEPARTMENT

ALTACIT GLOBAL

2. MEANING OF CLEMENCY Clemency is the process through

which the Governor considers requests for granting reprieves,
commutations of sentence, and pardons after conviction.

3. MEANING OF PARDON A pardon is the exemption of a

convicted person from the penalties of an offense or crime. A pardon can
be requested by someone who is no longer incarcerated.

4. WHO MAY APPLY FOR CLEMENCY? Any person serving a

term of any number of years, life, life without parole, or a sentence of death
may apply for clemency. A person who is not presently incarcerated may
also apply.

5. INDIAN CONSTITUTION Articles 72 and 161 of the Indian

Constitution confers powers on the President and the Governors of various
states, respectively to grant pardon or show mercy to criminals sentenced
to death. These two articles of the Constitution of India endow the
President and the Governor with the power to view the mercy applications
of convicts with kindness.

6. PROVISION UNDER THE IPC The Indian Penal Code(1860)

prescribes death as an alternative punishment for the seven offences,
murder (Section 302) being one of them. Section 302 says: Whoever
commits murder shall be punished with death or imprisonment for life and
also be liable to fine. The sentencing procedure is prescribed in Section
354 (3) of the Code of Criminal Procedure (1973) which reads when the
conviction is for an offence punishable with death or, in the alternative, with
imprisonment for life or imprisonment for a term of years, the judgement
shall state the reason for the sentence awarded and in the case of
sentence of death the special reasons for such sentence.

7. APPLICABLE CASES The powers of the President and the

Governor are applicable in these cases: a. Where the punishment or
sentence is by a court martial. b. The offence is against any law relating to
a matter to which the executive power of the union extends. c. Where the
sentence is a sentence of death.

8. FACTORS TO BE CONSIDERED The gravity of the offence and

the observations made by the court. The background of the convict and the

reasons for seeking mercy are also considered before taking a final
decision.

9. PROCEDURE FOR REQUESTING CLEMENCY Anyone

including foreign nationals can send a mercy petition on behalf of a convict
on a death row to the Presidents Office or the Union Ministry of Home
Affairs (MHA). These pleas can also be sent to the Governors who send
them to the MHA. A convict can also file a mercy petition from jail through
the authorities or his family. These petitions can also be sent through email
to the Presidents office or the Secretariat.

10. SMT. TRIVENIBEN V. STATE OF GUJARAT 1989 (1) SCC 678

Held that undue delay in execution of death sentences amounts to
violations of fundamental rights.

11. DAYA SINGH V. UNION OF INDIA 1991(3) SCC 61 Supreme

Court stated that delay in execution of death sentence should be sufficient
to entitle the person under sentence of death to invoke Article 21 and
demand quashing of death sentence.

12. TIMELIMIT FOR DISPOSAL OF PETITION Supreme Court

has said that clemency pleas should be disposed of within three months of
a death penalty being confirmed. Failing this, it would amount to mental
cruelty to the condemned person and his or her relatives.

13. IN RE MOHAMMAD AFZAL Afzal Guru , is a kashmiri

convicted of conspiracy in the December 2001 attach on the Indian
Parliament was sentenced to death by the Supreme Court of India in 2004.
The sentence was scheduled to be carried out on 20 October 2006. Afzal
was given a stay of execution and remains on death row .

14. OPPOSITIONS FOR GRANTING CLEMENCY FOR AFZAL

M.S. Bitta, Chairman of the All India Anti-Terrorist Front has urged the
President of India not to accept any clemency pleas on Afzal's behalf. He
warned that his organisation would launch agitations if Afzal was pardoned.

He also criticised statements of various political leaders and blamed them

for "encouraging activities of militants in Jammu and Kashmir".

15. FAVOURING CLEMENCY Ms. Mehbooba Mufti, President and

MP, of the Jammu and Kashmir Peoples Democratic Party commented that
the Centre should pardon Afzal if Pakistan accepted the clemency appeal
for Sarabjit Singh. Ms. Mufti, said that if clemency appeals were made for
Sarabjit citing his Indian nationality, voices should also be raised for Afzal
for "he too is an Indian citizen". "Two citizens of India
cannot be treated with different yardsticks

16. IN RE RAJIV GANDHI ASSASSINATION CASE Out of the 26

Accused the Supreme Court confirmed the conviction under Section 120 B
read with 302 IPC only as against 7 accused viz., 1) Nalini b) Santhan (2)
Raguraj (3) Murugan (4) Robert Pyas (5) Jayakumar (6) Ravichandran @
Ravi and (7) Perarivalan @ Arivu. The conviction and sentence for the
remaining 19 accused as regards offense u/s 120B and 302 IPC was set
aside. Some of them were convicted for lesser offences and set free if they
had served the maximum sentence; a few were fully acquitted and set free.
Of the seven accused referred to above, the death sentence against only
four accused, viz namely Nalini, Santhan@ Ravidas, Murugan@ Thas and
Perarivalan@ Arivu were confirmed. The remaining 3 were sentenced to
life time imprisonment.

17. Contd All the four persons filed petitions seeking

commutation of the death sentences. In April 2000, the Governor of Tamil
Nadu commuted the death sentence of Nalini to life time imprisonment and
she is currently lodged in women's prison, Vellore.

18. Contd The commutation petition of Santhan@ Ravidas,

Murugan@ Thas and Perarivalan@ Arivu which was pending before the
president of India waiting for about 12 years was finally rejected by in late
July 2011.

19. RELIEF FROM THE MADRAS HIGH COURT As a form of

interim relief the High Court of Madras headed by a bench comprising
justices C Nagappan and M Sathayanarayanan observed there had been a
delay of over 11 years in the disposal of the mercy petitions filed by the
convicts to the President seeking clemency and suspended the death
penalty of Santhan, Murugan and Perarivalan for eight weeks to the three
accused.

20. THANK YOU