Power of Mercy provision before cabinet

By MIRIAM ZARRIGA
FORMER Attorney-General Davis Steven says the Power of Mercy provision was submitted to the National Executive Council (NEC) in 2020.
The National understands that in 2017, an advisory committee on the provision was established by the Government for death row prisoners.
Steven said that after the National Court ordered the Government to set up and give resources to the committee to allow prisoners on death row to apply for the provision after exhausting all rights to appeal.
“They cannot go to the Power of Mercy Provision just like that.
“It only comes after all the processes of appeals have been exhausted. Prisoners get that help requesting for clemency and it is then that the provision is considered or exercised by the advisory committee,” he had said in 2017.
Steven said the NEC had always prioritised the human rights of prisoners on death row.
In a recent interview with The National, Steven said: “I am happy to see the enthusiasm of the new Correctional Minister (Win Bakri Daki) on the provision.
He will be well assisted and guided by his Commissioner and Law and Justice sector leaders.
“The minister must prompt the Justice Minister (Bryan Kramer) to get the PMP going.”
“Just like the parole board, the provision was dysfunctional before my time as justice minister and attorney-general.
“This is critical work that had to be pursued, given the increasing number of prisoners who needed to access this jurisdiction and the delay in NEC on related matters of implementation of the death penalty.”
Daki had asked the Government to re-introduce the provision to help women prisoners. The recent Special Parliamentary Committee on Gender-Based Violence Inquiry was told that the provision could be applied to help women prisoners who killed their husbands due to GBV.