Serbia’s Pardon Power Is Legal. Keeping It Secret Should Not Be
The 49 pardons were within the president’s powers. It took five weeks and a change of government to learn who got them. That gap is what needs fixing.
The Ministry of Justice has now published the names of the 49 people pardoned by Aleksandar Vučić in his final days in office. The list is uncomfortable reading for many: a former Interior Ministry state secretary in mid-retrial, a driver accused of hitting a student at a commemoration, men tried over attacks on protesters. But the list also includes activists charged in a case their own supporters call politically motivated, who said they did not want the pardon at all.
What the law allows
The ministry is right on one point. Article 112 of the Constitution gives the president the power to pardon, and using it is not in itself a crime or an interference with the courts. Every democracy keeps some form of clemency, precisely because courts can be wrong and circumstances change. Those who defend the decisions are entitled to that argument, and prosecutors now examining the paperwork should test whether procedures were followed, not whether they like the outcome.
What the public was denied
The problem is not the power but the silence around it. For more than five weeks, Serbians knew only that 49 people had been pardoned, and the outgoing president said the names could not be disclosed. Victims and their lawyers learned of decisions affecting their cases from court announcements and the press. Clemency that cannot be seen cannot be judged, and power that cannot be judged invites suspicion even when it is used in good faith.
A simple fix for the new parliament
The incoming majority does not need to strip the presidency of the pardon. It should amend the Law on Pardon so that every decision, with the names and a short statement of reasons, is published within days, and so that the opinions of courts and prosecutors are attached to the file. That would protect future presidents from rumour as much as it protects the public from abuse. Whoever wins the presidential vote in December will hold this power next. Better to set the rules before we know who it is.
Sources
This is an opinion piece and reflects the view of the editors. Spotted an error? See our Corrections Policy.
