Who is eligible for a presidential pardon?

Over the years, President Museveni has used his powers to pardon and release hundreds of people.

“The President may, upon the recommendation of a committee, grant to any person convicted of a crime a pardon, either free of charge or subject to lawful conditions; grant a person a deferment for an indefinite period or for a certain period from the execution of the punishment imposed on him for the crime; replace the punishment imposed on a person for an offense with a less severe punishment; or to set aside in whole or in part the penalty imposed on a person, or the fine or forfeiture otherwise due to the Government for any offence,” reads the Constitution.

Who has recently benefited from this act of charity?

The latest beneficiaries include a group of 130 people, including convicts serving time for crimes including arson, theft, home invasion, causing grievous harm, drug possession, obtaining money under false pretenses, assault, manslaughter and attempted murder . , among others.

Earlier last month, President Museveni also pardoned the former Permanent Secretary of the Ministry of Local Government, John Kashaku, who was sentenced to 10 years in prison in 2014 for causing financial loss to the state of Sh4.2 billion earmarked for the purchase of bicycles for a local advice. leaders.

Earlier this year, Mr Museveni released former National Social Security Fund managing director Chandi Jamwa, also accused of causing financial losses.

He was sentenced to 12 years in prison.

Was the presidential pardon uncontroversial?

Not really. For example, the pardon of men convicted of desecration raised eyebrows across the country.

Human rights activists argued that the crime was serious, but some of those released were serving light sentences, such as four and a half years.

In 2021, Lydia Draru, convicted of the murder of Major General James Casini, was released after serving 10 years of a 14-year sentence for good behavior. The release was also not without controversy.

Article 121 of the Constitution establishes the Advisory Committee on the Prerogative of Mercy, which is chaired by the Attorney General (AG), who is also the legal adviser to the government.

The director-general works with six other committee members, who must be prominent citizens appointed by the president.

However, they should not be Members of Parliament (MPs), the District Council or members of the Uganda Law Society.

Mr. Kiryowa Kiwanuka, the current Director-General, explained that the Committee meets at least once every quarter to consider applications from those asking for clemency, of which there are a huge number.

“The prisoners submit applications and we sit as a committee to make a decision and make recommendations to the president,” Mr Kiwanuka said.

Applications may be initiated by relatives of the convicted person. While some write directly to the president, he said letters are always returned to the committee for review.

Tell us what happens when an application is received…

The application is submitted to officials of the Uganda Prison Service, who represent the applicants and explain the reasons for their pardon.

“We take into account a number of factors: age, nature of the offense, the person’s length of service in prison, the length of his stay in prison, and state of health. Some of them have victims of crimes who say everything is fine when they reconcile,” Mr. Kireva explained, adding that all offenders, ranging from serious crimes such as treason to petty crimes, have right to pardon.

To make a decision, the committee also studies the details of the case and the court’s decision.

Mr Frank Bain, spokesman for the Uganda Prison Service, said the institution also submits a list of eligible offenders based on the guidelines given by the Committee.

This list includes petty offenders who have served three-quarters of their sentence, the terminally ill, nursing mothers and elderly people over 65 years of age.

They were all required to serve 50 percent of their sentences, show remorse and prove themselves disciplined during their stay.

“For us, we present a list of persons belonging to these categories. Sometimes there are more than a thousand prisoners on the list, but the question of who to pardon remains with the committee,” he said.

Prisoners sentenced to death are also taken into account.

“If a person is sentenced to death for a crime, a written report of the case by the trial judge or judges or the person presiding over the court or tribunal, together with such other information obtained from the record of the case or from other source as may be necessary, shall be transmitted to Advisory Committee on the Prerogative of Mercy,” says the Constitution.

According to officials, prisoners in custody are not eligible for a presidential pardon and can apply only after a court has sentenced them.