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Illustration of Death penalty requires constitutional change- Temo

Constitutional Hurdles: Is the Death Penalty Coming for Drug Offenders?

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Acting Chief Justice Salesi Temo has emphasized that for the death penalty to be considered as a punishment for serious drug offenders, amendments to the 2013 Constitution would be necessary. Speaking at the ODPP Annual Conference in Sigatoka, Justice Temo responded to proposals for including the death penalty in the draft Counter Narcotics Bill. He pointed out that the current Bill does not suggest the death penalty and stated that enacting such a punishment would require a constitutional amendment, which he believes would evoke significant public and political debate.

Justice Temo recognized the viewpoint of the Minister of Women and Child Protection, who advocates for the death penalty in line with policies seen in countries like Indonesia and other Southeast Asian nations. However, he questioned why politicians do not take a more active role in defining penalties, instead of leaving it solely up to the judiciary.

Acting Director of Public Prosecutions Nancy Tikoisuva reiterated that the Constitution firmly protects the right to life and asserted that the DPP does not support the death penalty.

Consultations regarding the Anti-Narcotics Bill will soon involve both the judiciary and the ODPP, followed by nationwide discussions on the proposed law.

This situation underscores the ongoing debate surrounding drug-related crimes and the justice system’s approach to them, highlighting the balance between legislative action and constitutional rights. While the call for more severe measures like the death penalty reflects public and political sentiment regarding drug trafficking, the commitment to uphold human rights is equally significant. Engaging in open and constructive debates during the consultations may pave the way for a more comprehensive and respectful approach to tackling drug offenses in the future.


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