By Ibrahim Hashi Jama

It all depends on the wording of the presidential “cafis ama saamaxaadd”, the two powers given exclusively to the President under Article 90(5) of the Somaliland Constitution. I have translated the two words as “pardon and amnesty”. (You can see my tafsiir in the updated 2005 annotations of the Constitution, and hopefully, also in the forthcoming more detailed tafsiir – Xayeysiis!!!!)

Under Article 144 of the Penal Code, an amnesty extinguishes the offence itself and where a sentence has been passed, shall stop its execution and any accessory penalties, such interdiction from public office. A pardon, however, under Article 149 of the Code, remits only in whole or in part the main punishment imposed (prison or fine etc), but UNLESS the decree provides it explicitly, it does not stop the accessory punishments, such as interdiction from public office.

Broadly, pardon is forgiveness for an individual offence, whilst amnesty is the decision not to punish for the offence at all: "Amnesty is the abolition and forgetfulness of the offence; pardon is forgiveness" – US Supreme Court in Knote v U.S . , 95 U.S. Article 149 (see my notes on Article 90(5) on my website). Amnesty usually applies to offences whilst pardon applies to specific persons, or in the form of indult, to all persons in a specific category.

In short, QARAN leaders’ lawyers would presumably be aiming to have a Decree which is in the nature of an amnesty and extinguishes the offence itself, or failing that a pardon which specifically mentions the extinction of both the prison sentence and the interdiction.

Unless I have missed it, no one mentioned the QARAN lawyers' court sentence and I hope, the presidential decree will extend to them, as well 

Ibrahim Hashi Jama, has been chairing the Somaliland Forums' various legal, referedum, elections and constitutional committees for the past eight years and stepped down last month, but remains as a member of the Forum. Much of his time is now devouted to his new website www.somalilandlaw.com and can be contacted at Ibrahim@somalilandlaw.com