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6.
The Applicants have filed a joint application since they all claim to be
aggrieved by the manner in which authorities in the Respondent State
have exercised the prerogative of mercy which is vested in the President
of the Respondent State. Additionally, the First Applicant and
the
Seventh Applicant are complaining about the legality of their sentence
for the offence of armed robbery.
B, Alleged violations
7.
All the Applicants submit that the Respondent State discriminates against
prisoners serving long term sentences
in the manner in which
it
implements the prerogative of mercy under Article 45 of its Constitution.
ln the Applicants' view, the Respondent State automatically excludes
prisoners serving long term sentences from the prerogative of mercy
thereby violating Article 2 of the Charter and Article 13(1) (2) (3) (a) and
(5) of the Respondent State's Constitution. The Applicants further
contend that prisoners serving long term sentences are isolated and
discriminated against based on their social or economic status since they
do not earn a pardon on the basis of their good behaviour after serving
one third of their sentences unlike all other prisoners. This, the Applicants
contend, is in violation of Articles 3, 19 and 28 of the Charter.
8.
The Applicants further submit that the Respondent State treats prisoners
convicted of corruption and other economic crimes lightly and favourably
compared to other prisoners since they can access the presidential
pardon twice, a condition, which is not afforded to other convicts. The
Applicants' contend that this violates Article 3(1) and (2) of the Charter,
Article 7 of the Universal Declaration of Human Rights (hereinafter
referred to as "the UDHR) and Article 1O7A 2(a) of the Respondent
State's Constitution.
9.
The Applicants also submit that the Respondent State's implementation
of the prerogative of mercy discriminates among prisoners who were
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