Ugandan Prisons Service Clarifies Presidential Pardon Process Amid Controversy
The Uganda Prisons Service has recently provided clarity on the intricate process by which convicted prisoners can seek presidential pardons. This clarification comes after President Yoweri Museveni granted a pardon to convicted murderer Muhammad Ssebuwufu, reigniting public discussion about the powers and responsibilities involved in issuing such pardons.
In a press conference held on Monday, Frank Baine, spokesperson for the Uganda Prisons Service, addressed misconceptions surrounding the granting of pardons. He emphasized that the authority to grant clemency lies exclusively with the President, not the Commissioner General of Prisons, as many believe. Baine stated, “People often think that the Commissioner General is the one who forgives or grants pardons. That is not correct.”
Baine urged the public to refer to the Constitution of Uganda for clarity on this matter, specifically Article 121, which outlines the Advisory Committee on the Prerogative of Mercy. “The committee is chaired by the Attorney General and consists of six prominent citizens appointed by the President. The Commissioner General is not a member of this committee,” he explained.
The recent pardon of Muhammad Ssebuwufu, convicted in 2019 for the kidnapping, aggravated robbery, and murder of 29-year-old Betty Donah Katusabe, has drawn significant attention. Initially sentenced to 40 years by the High Court, Ssebuwufu’s sentence was reduced to 18 years upon appeal. Following his release last week, many have questioned the criteria used for such pardons.
Highlighting the constitutional provisions, Baine noted that the President may grant a pardon based on committee advice. This can include granting clemency free of any conditions, providing a respite from punishment, or substituting a less severe penalty. “The President has exclusive authority to grant forgiveness and pardon, and this is exercised on the advice of the Advisory Committee on the Prerogative of Mercy,” he reiterated.
Baine further outlined two primary pathways through which a pardon can be sought. The first method involves a formal petition submitted by the convicted individual’s legal representatives. He clarified that only convicted prisoners can be considered; remand prisoners are not eligible for pardons.
Once a petition is submitted, it is forwarded to the Advisory Committee for review. The committee requests a report from the Commissioner General regarding the inmate’s conduct and behavior in prison. “This process ensures that the President has comprehensive information before making a decision,” Baine stated.
The second channel of obtaining a pardon involves a routine submission of prisoner names who meet specific criteria set by the committee. This encompasses two categories: capital offenders and minor offenders. For capital offenders sentenced to death, their names are submitted once a year after they have exhausted their appeal process, along with documented evidence of remorse and good behavior.
Individuals serving lengthy sentences who are within six months of completing their term may also be considered for a pardon. As for minor offenders, only those who have completed three-quarters of their sentence are eligible. Additionally, pregnant or breastfeeding women who have served half of their sentence, as well as terminally ill inmates and elderly prisoners over 65 meeting the same criteria, can be placed on the list for consideration.
Baine emphasized that each candidate for pardon must be supported by a comprehensive report detailing their discipline and demonstration of remorse. “The committee assesses each case and advises the President accordingly,” he concluded.
The ongoing dialogue surrounding the pardon process underscores the need for transparency and understanding within the justice system. As public scrutiny continues, the Uganda Prisons Service aims to ensure that the process for granting clemency is clear, fair, and rooted in legal provisions.
— Reported by Nexio News
