Acting Chief Justice Salesi Temo has made it clear that incorporating the death penalty for serious drug offenders would necessitate amendments to the 2013 Constitution. During his speech at the ODPP Annual Conference in Sigatoka, Justice Temo responded to the ongoing discussions about including capital punishment in the draft Counter Narcotics Bill.
He emphasized that the current version of the Bill does not propose the death penalty and expressed skepticism about its feasibility given the constitution’s existing stipulations. “If it has to be brought in, first we’ve got to amend the Constitution, and I think that will be a significant debate among politicians and the public,” he explained. Justice Temo also acknowledged the Minister of Women and Child Protection’s calls for the death penalty, noting similarities with policies in Indonesia and other Southeast Asian nations.
Justice Temo urged politicians to take action in defining the penalties for drug-related offenses, rather than leaving this responsibility solely to the judiciary. He highlighted the need for clarity in the legal framework surrounding drug offenses.
In support of this perspective, Acting DPP Nancy Tikoisuva affirmed that the Constitution upholds the right to life and that her office does not support the imposition of the death penalty. “The Constitution is the supreme law at the moment, and as a prosecuting authority, we have to respect that,” she stated.
Furthermore, it was announced that consultations concerning the Anti-Narcotics Bill would soon involve the judiciary and the Office of the Director of Public Prosecutions (ODPP), with plans for nationwide discussions following.
This situation reflects the ongoing dialogue about drug policy and criminal justice in the region, highlighting the importance of legal protections and the democratic process in shaping such critical issues. As the conversation progresses, it may pave the way for more comprehensive and just approaches to tackling drug-related crime, balancing public safety with the fundamental rights guaranteed by the Constitution.
Summary: Acting Chief Justice Salesi Temo stated that adopting the death penalty for serious drug offenses would require a constitutional amendment, as the current 2013 Constitution protects the right to life. The discussion continues with consultations on the Anti-Narcotics Bill planned, emphasizing the need for clarity in defining penalties for drug offenses.
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