PORT VILA, Vanuatu – Director of the Department of Correctional Services, Mr Johnny Marango, has written to the Vanuatu Daily Post to clarify the Department's legal role following recent public discussion and media reporting concerning pardons granted by the Head of State.
Mr Marango said there appeared to be confusion between the constitutional power of pardon and the statutory responsibilities of the Department of Correctional Services.
"The Department of Correctional Services is responsible for the administration and management of parole under the relevant provisions of the law. Parole involves the supervised release and management of eligible offenders and is distinct from the constitutional power of pardon," Mr Marango said.
He explained that under Article 38 of the Constitution of the Republic of Vanuatu, the authority to grant pardons, commute sentences, or exercise the Prerogative of Mercy is vested exclusively in the President of the Republic as Head of State.
"The final authority to grant or refuse a pardon rests solely with the Head of State," Mr Marango stated.
The Director noted that the Correctional Services Act provides the legal framework for parole administration and the management of parolees, but does not assign the Department any statutory role in granting pardons.
"The Act does not assign the Department of Correctional Services a statutory role in granting pardons or advising the Head of State on the exercise of the constitutional power of pardon," he said.
Mr Marango further explained that while the Head of State may seek information or advice from any individual, institution, or government agency, such consultation is entirely discretionary.
"Any advice sought from the Department in relation to a pardon is entirely discretionary and does not confer decision-making authority upon the Department," he said.
He also pointed out that there are currently no formal pardon guidelines governing the exercise of the constitutional power of mercy.
"In the absence of such guidelines, the constitutional authority to grant pardons remains solely with the Head of State," Mr Marango said.
The Director stressed that the Department should not be regarded as a decision-maker in the pardon process.
"The Department of Correctional Services has no statutory role in approving, rejecting, or granting pardons. Members of the public seeking information regarding pardon decisions should direct their inquiries to the appropriate office of the Head of State," he said.
Mr Marango reaffirmed the Department's commitment to its core responsibilities under the law.
"The Department remains committed to carrying out its mandate in the administration of correctional services, rehabilitation programmes, and parole management in accordance with the laws of the Republic of Vanuatu."
