Africa-Press – Gambia. Essa Mbaye Faal, Party Leader of APP-Sobeyaa has described President Adama Barrow’s decision to grant prerogative of mercy to fifty-six inmates as a lawful and welcome use of executive authority.
He was quick to call for gender equity in presidential clemency process.
In a statement, Faal says clemency remains an important constitutional instrument which, when applied judiciously, reinforces rehabilitation, restores hope, and affirms that justice within a republic must allow room for reform.
APP-Sobeyaa acknowledged the exercise of mercy as a positive development within the country’s criminal justice framework, noting that a correctional system that produced rehabilitated individuals deserved recognition. According to the party, where inmates demonstrate genuine reform, the state is justified in facilitating their reintegration into society.
However, the party also raised concerns regarding constitutional equality and national unity, pointing out that the official announcement indicated that all fifty-six beneficiaries were male, with no female inmates included.
While recognising that the constitution grants the President discretionary authority, APP-Sobeyaa stresses that such discretion operates within a broader framework of non-discrimination and equal protection under Section 33 of the constitution.
The party said that if female inmates were excluded based on objective eligibility criteria, authorities should provide clarity to the public. Similarly, if proportional representation explains the outcome, this should be transparently communicated to avoid perceptions of unequal application of executive mercy.
The statement further noted that women in custody often face distinct humanitarian considerations, including caregiving responsibilities, economic vulnerability, and, in some cases, histories of abuse prior to incarceration. APP-Sobeyaa argued that many jurisdictions now incorporate gender-responsive frameworks into clemency processes to ensure equitable outcomes.
Describing its position as a call for fairness rather than criticism of the pardons granted, the party proposed several measures, including the publication of general clemency criteria to enhance public confidence, the introduction of gender-sensitive assessments within advisory mechanisms, periodic public reporting on demographic distribution of clemency beneficiaries, and strengthened reintegration programmes for both male and female former inmates.
APP-Sobeyaa concludes that governance is strongest when executive authority is exercised with compassion and fairness, emphasising that while the Prerogative of Mercy is constitutionally vested in the presidency, it should reflect the broader principles of equality within the republic.
