Presidential pardon 2024: Heel expected

The 10 July 2024, the newspaper Matin Libre drew attention to the presidential pardon, in this case the list of prisoners pardoned by the Head of State. A tradition which since the year 2023 seems to desert the forum. While the celebration of Benin's independence day is imminent and commemorative events are coming, the list of prisoners benefiting from presidential pardon 2024 will it be revealed in time asked the editor of the article. We suggest you revisit the main points of the article.

Until the recent past, it is unveiled on the eve of the commemoration, the list of prisoners pardoned by the Head of State. Only, for a few years, the tradition seems to have been broken. For illustrative purposes, the list of pardoned 2023 was only revealed in February 2024. Should we expect the same scenario? ? Waiting for, prison overpopulation remains obvious. The list of detainees benefiting from presidential pardon 2024 will it be revealed on the eve of the celebration of the anniversary of Benin’s accession to international sovereignty as was usual ? The question torments minds and deserves to be asked as the situation seems to have changed even if officially, no act mentions it. Considered as an act of clemency by which the Head of State grants to an individual subject to a final and enforceable conviction, Presidential pardon remains a requirement of the legislation in force in the Republic of Benin.

Often announced by the Head of State on the eve of the celebration of the anniversary of Benin's accession to international sovereignty, Presidential pardon is a discretionary act of the Head of State towards persons detained and sentenced to criminal or correctional sentences by a decision that has become final by the courts or tribunals of the Republic of Benin.. It erases the beneficiaries' sentences and allows their release from prison. A measure from which not all prisoners can benefit depending on the offenses committed. If by decree signed in January 2022, 499 prisoners were pardoned, 350 benefited from the Presidential Pardon in August 2022, on the occasion of the 62nd anniversary of Benin’s accession to Independence.

On the other hand, the list of pardoned 2023 will not suffer the same fate. Indeed, as in 2022, the president of the Republic, Patrice Talon did not give a speech on the eve of August 1st so the Presidential Pardon was not officially announced as was the case in the past. The list was only revealed several months after the commemorative demonstrations of National Independence. So, for the account of the year 2023, President Patrice Talon granted a presidential pardon to 358 prisoners. This decision concerns persons detained and sentenced to criminal or correctional sentences by final decisions of the courts or tribunals of the Republic of Benin in 31 July 2023. But the decision was only made public in 2024.

According to some observers, the same scenario could well happen again. In a context of prison overcrowding, situation accentuated by the hunt for cybercriminals, several observers believe that granting presidential pardons to a significant number of eligible prisoners would be ideal. Several reports, including from the Beninese Human Rights Commission, evoke the reality. Hence the need to relieve congestion in prisons and remand centers. Waiting for, all eyes are turned towards the Superior Council of the Judiciary and the Head of State.

A malfunction at the origin ?

Referring to a denial made following a rumor according to which, presidential pardon would be granted to hundreds of prisoners in 2023, everything seems to suggest that a malfunction could well be at the origin of the delay in the publication of the list of pardoned people in 2023. “For several hours, unfounded publications relating to an alleged decision of presidential pardon have been circulating on social networks.

It should be noted that this Saturday 21 October 2023, a workshop on “Approaches to collaboration between stakeholders and modalities for harmonization and processing of judicial documents” took place at the Ministry of Justice with all the Chief Registrars of the lower courts, the President and certain members of the office of the National Chamber of Bailiffs of Benin. The activity focused, among other things, on the digitization of court decisions to improve their conservation., securing legal documents, the examination of dysfunctions which slow down the diligent implementation of legal provisions relating to sentence adjustments (parole, suspension of sentences and presidential pardon) for the search for suitable solutions. This follows the latest measures to deploy clerks with a view to modernizing the organization and efficiency of the public service..

There was no question, at no time, of any government or presidential decision. Publications on the subject are therefore inaccurate and only those of their authors.”, informs a press release from the communication focal point of the Ministry of Justice. If for many, it is obvious that at the end of the workshop, appropriate solutions have been provided to the supposed malfunctions, some do not exclude that the same scenario of 2023 reproduces. Wait and see !

 Source : ML