Posted by: santoshgiri March 26, 2006
The King must PARDON !!! (A constitutional provision)
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Pardoning in Civil War In El Salvador, in 1987, the President of El Salvador introduced a bill to award a ‘broad, absolute and unconditional amnesty’ to ‘all those who in one way or another participated in political crimes, (or) crimes with political ramifications.’ In Chile, in 1978, the Chilean military granted itself a broad amnesty that covered most of its crimes from 1973 (when it took power) until 1978. The amnesty remained in effect even after the military lost power in 1990. Notwithstanding the amnesty, trials have been conducted regarding the 1973-78 atrocities, with courts interpreting the amnesty law to prohibit punishment for crimes only (similar to a pardon), rather than prohibiting the trials to establish criminal responsibility. In Mozambique, the Parliament adopted a general amnesty for ‘crimes against the state’ 10 days after the signing of the 1992 Peace Agreement, which brought an end to 16 years of armed conflict between the warring parties in Mozambique. ‘Reconciliation’ became the central focus of the transition to a new political order and there has been little call for accountability for past crimes. In Sierra Leone, the Lomé Peace Agreement of July 1999 provided a general amnesty for all acts committed during the armed conflict. In signing the agreement, the UN stated that it did not recognize amnesty for genocide, crimes against humanity, war crimes, and other serious violations of international law. The amnesty was reconsidered following the breakdown of the Lomé Agreement in mid-2000, but remained part of Sierra Leonean law. In response to a request from the Sierra Leone government, the UN passed a resolution in August 2000 to establish a Special Court to try human rights abuses. In South Africa, the South African Truth and Reconciliation Commission was given the power to grant amnesty for political crimes to those individuals who fully disclosed all acts in respect of which amnesty was sought. When granted, the amnesty exempted individuals from criminal prosecutions and barred civil suits for damages. It also indemnified the state from liability that might flow from acts committed by those persons granted amnesty. In Colombia, in March 1981, the Congress declared a conditional amnesty favoring those in arms who had perpetrated political crimes and crimes related to political crimes. In 1989, the government’s action of granting of pardon set the framework for the peace agreement signed by the conflicting sides. In Angola, the government has announced and guaranteed pardon to an estimated four million internally displaced persons (IDP) and 440,000 refugees who sought asylum in bordering countries during the conflict. Many have started to return to their homes. Unlike others, in Peru in 2003, the Truth and Reconciliation Commission has rejected the possibility of amnesty to the rebellions and has called on the State to move forward with prosecutions.
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