Latest update December 23rd, 2024 3:40 AM
Dec 31, 2015 Letters
Dear Editor,
Allow me from my humble standpoint to add my literary voice to the many others who have so done, regarding the recent spate of Presidential pardons, especially the inquiry by M. Maxwell, Stabroek News, December 28, 2015 titled “Everyone who obtains a presidential pardon should be named.
The power to grant a pardon is derived from the British system wherein the king had, as one of his royal prerogatives, the right to forgive virtually all forms of crimes against the Crown.
Factually, the basis of this presidential pardon can be found in the royal Prerogative of English Kings.
On the other hand Article 11, Section 2 of the U.S constitution states as follow: “The President…shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” The underlying assumption is that acceptance of a pardon is an implicit acknowledgement of guilt.
An individual cannot be pardoned unless he has committed an offence. While I have and hold nothing against the Pardoner or the Pardoned, yet I am quick to point out or should that be remind this elected official that underlying the recently-concluded election campaign was the need for change as its central message.
Seemingly, lost in the political reverberations has been any concern for the wider social implications of imposing conditions on pardon.
Granting of a pardon remains the exclusive prerogative of the President, yet his action somehow or other, despite its inherent humane intention, bears a striking resemblance to some displayed behaviors of the previous government.
In the U.S the President is not required, or under any obligation to explain or justify his actions to me or you or any other person for that matter, as the power to pardon cannot be reviewed or overturned by any of the other branches of government. Incidentally as of December 2015according to a Pro Publica analysis, outgoing President Barack Obama has handed out pardons and commutations at a lower rate than any of his recent predecessors.
Viewed from whatever angle one desires there has been a blatant disregard for the feelings of the electorate, absence of accountability, overlooking of national security, and at worst succinctly displayed high handedness.
Personally I feel that it is far too early or premature for the emergence of such behavior. Against this backdrop one can only hope that the Granger administration would forever be guided by the rigorous code of conduct that it has demanded from its officials in high places.
Article 188(2) states in the exercise of the prerogative of mercy, the President is required to consult with “such Minister as may from time to time be designated by him”.
Who was this designated Minister, and what expertise was brought to the table regarding selection of those to be pardoned?
Yes, in the U SA the names of those pardoned and the offences for which they were imprisoned become public knowledge. Nothing is shrouded in secrecy.
In the hustle, bustle and shuffle of the pardon frenzy, some concerns prevail, all of which should be dealt with in a manner that provide answers to the swirling questions in the minds of the Guyanese public.
In the words of President Granger, “Most of them are young, most of them are misdemeanors, which are non-violent, and I do hope that we can reintegrate them by ensuring that we get them training programmes.”
I do hope so too, although I firmly believe these training and reintegration programs should have been in place and fully operational prior to any pardon consideration, rather than being just an expressed Presidential desire.
The fact that the perpetrators are young carries very little weight in this argument, as by no stretch of the human imagination are they immune from recidivism.
Ultimate future success of these Presidential humanitarian acts may be gauged by a diminution in the overall crime rate rather than just misdemeanors as a whole, making Guyana the country it was formerly.
The requested change will be within range and pardon may be the magnum opus of President Granger- his lasting legacy. Only Time will tell.
Yvonne Sam.
Dec 23, 2024
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