CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Provisions to secure protection of law
10. (6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence .

CHAPTER IV
THE EXECUTIVE

Part IV- Executive Functions

Prerogative of mercy
50. The Beretitenti, acting in accordance with the advice of the Cabinet may –

(a) grant to any person concerned in or convicted of any offence against the law in force in Kiribati a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; and

(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute