Opposition Leader Ishmael Kalsakau says those involved in the process of recommending people for presidential pardons should be questioned if there are concerns that proper decisions and evaluations were not carried out.
Speaking in an interview yesterday, Mr Kalsakau said he shares public concerns over the transparency of the presidential pardoning process and questioned the basis on which individuals are selected for consideration.
“We should look at the process that leads towards the exercise of the President’s power, and if the people involved need to be questioned, then they should be. If some process needs to start to examine whether they made proper decisions and proper evaluations, then something like that needs to happen.”
Mr Kalsakau said the public needs to understand how recommendations are made and what basis is used before a pardon is granted by the President.
“I share many of the concerns of members of the public. I do not know how they go about the process of making this kind of selection, where the basis is and what the public needs to know about the process that goes to the President for a pardon.”
He said once the President exercises the constitutional power to grant a pardon, reversing the decision can be difficult.
Mr Kalsakau said this makes transparency around the process particularly important before a pardon is granted.
He also raised the possibility of Parliament considering a constitutional amendment to establish clearer criteria for the exercise of presidential pardoning powers.
“Even Parliament must rise to the occasion and look at whether we need to amend the Constitution to prescribe criteria that the President must follow, especially in this day and age when we are dealing with people who have already gone into correctional facilities.”
Prime Minister Jotham Napat, has also called for a review of the President’s pardoning powers.
The Prime Minister says the Government will propose clear criteria to guide the Head of State in exercising this constitutional power, following public concern over the recent pardon of a convicted rapist.
Mr Kalsakau said such a review could help clarify the meaning and purpose of presidential pardons and provide clearer guidance for future decisions.


