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take into account –<br />

(a) the nature and gravity of the human rights abuse or violation;<br />

(b) the motive for committing the violation or abuse;<br />

(c) whether the violation or abuse was committed in execution of an<br />

order made by or with the approval of the institution or political body for which the<br />

person was a member, agent or supporter;<br />

(d) the relationship between the human rights abuse or violation<br />

and the political objective or the effect on the public including the proximity or<br />

proportionality of the abuse or violation to the objective.<br />

24. Application or recommendation for amnesty.<br />

(1) An application for amnesty shall be made to the Commission in the prescribed form.<br />

(2) The human rights committee may after carrying out investigations in accordance with<br />

this Act, recommend to the Amnesty committee in the prescribed form to grant amnesty<br />

to a person.<br />

(3) The Amnesty committee shall consider and determine an application or<br />

recommendation for amnesty within three months from the date of receipt of the<br />

application or recommendation.<br />

(4) The committee may consider applications or recommendations for amnesty jointly,<br />

where the applications or recommendations relate to violations or abuses of human<br />

rights arising out of the same facts, acts or omissions.<br />

25. Grant or refusal of amnesty.<br />

(1) The Commission shall grant amnesty on the recommendation of the amnesty<br />

committee where the Commission is satisfied that the applicant or person recommended<br />

for amnesty is eligible for amnesty and has complied with the requirements of this Act<br />

for the grant of amnesty.<br />

(2) Where the committee is satisfied that the applicant or person recommended is not<br />

eligible or does not meet the requirements of this Act, the committee shall reject the<br />

application or recommendation.<br />

(3) The Executive Secretary shall within seven days after the Commission has determined<br />

the application or recommendation for amnesty, notify the person of the decision of the<br />

Commission.<br />

(4) Where, the decision is to reject the application or recommendation, the commission<br />

shall give reasons for the refusal or rejection.<br />

26. Effect of amnesty<br />

(1) A person granted amnesty under this Act shall not be held responsible for the gross<br />

human rights violation or abuse to which the amnesty relates.<br />

(2) For the avoidance of doubt, a person granted amnesty is not liable in civil or criminal<br />

proceedings in respect of the acts or omissions arising out of the human rights violations<br />

or abuses for which that person has received amnesty.<br />

Reparation committee<br />

27. Reparation committee<br />

(1) The reparation committee shall be composed of a chairperson and at least three<br />

293

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