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Illustration of Death penalty requires constitutional change- Temo

Constitutional Hurdles: Can the Death Penalty Make a Comeback?

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Acting Chief Justice Salesi Temo highlighted that the implementation of the death penalty for serious drug offenders would necessitate amendments to the 2013 Constitution. Speaking at the ODPP Annual Conference in Sigatoka, Temo responded to increasing calls for the death penalty to be incorporated into the draft Counter Narcotics Bill.

Temo pointed out that the current draft does not mention the death penalty and stressed that, under the current constitutional framework, such a punishment is unfeasible. Amending the Constitution to allow for the death penalty, he suggested, would likely provoke significant debate among politicians and the public.

He acknowledged the stance of the Minister for Women and Child Protection in favor of adopting the death penalty like other South-East Asian nations but questioned whether lawmakers could support the judiciary by clearly defining penalties instead of leaving it up to the courts.

Acting Director of Public Prosecutions, Nancy Tikoisuva, reiterated that the Constitution firmly protects the right to life and the DPP’s position does not support the death penalty. She emphasized the importance of respecting constitutionally guaranteed rights while discussing legal penalties.

Plans for consultations regarding the Anti-Narcotics Bill with judicial bodies and public discussions on the proposed legislation are forthcoming.

This discussion reflects ongoing debates about drug offenses and justice in society. While the topic of the death penalty can evoke strong emotions, it presents an opportunity to rethink and potentially reform the justice system to create effective and fair solutions for managing drug-related crimes.

The unfolding consultations may serve as a platform for community engagement, ensuring that the legislative process considers diverse perspectives, which could lead to balanced and humane policy.


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