Executive clemency is a broad power to provide pardons or commute sentences for individuals in prison. However, the use of executive pardons globally was opaque—with little information on where, when and how often this power was used. For these reasons, in collaboration with White & Case, the Cyrus R. Vance Center for International Justice's Women in Prison Project chose to focus on better understanding this power.

James Holden, partner in our London office, led the project, assisted by 67 White & Case lawyers and legal staff in 19 offices. The team researched and analyzed executive clemency in 29 countries. Their findings surprised them: Clemency is applied inconsistently, usually with little oversight.

"As a commercial lawyer, I went into this not really knowing what to expect. I was shocked to see how poorly handled executive clemency is and how it's not being used to help vulnerable people, particularly women," explains Holden.

Clemency primarily applies in two situations: when people have been unjustly imprisoned or when their case qualifies for a reduced sentence. Women are disproportionately likely to fall into one or both groups. This is because they are often imprisoned for minor or nonviolent crimes. In addition, women may have specific vulnerabilities that may apply for purposes of clemency, such as pregnancy, childbirth or dependent children. Our research showed that executive clemency fails to consider these issues or those of other vulnerable groups.

The White & Case team developed recommendations focused on the need for clear, accessible and enforceable policies and the importance of ensuring that clemency is available to women and other vulnerable groups. Romina Canessa, attorney for the Human Rights and Access to Justice Program at the Vance Center, outlines the next steps: "We will start an awareness campaign in which the recommendations and best practice guidelines that arose from this research are accessible to local grassroots organizations for both advocacy purposes and to better access clemency for their clients."

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Inmates exercise on a track at a correctional facility.