Death Penalty Debate: Major Constitutional Hurdles Ahead

Acting Chief Justice Salesi Temo recently emphasized that amending the 2013 Constitution would be necessary for the death penalty to be applied as a punishment for serious drug offenses. During the ODPP Annual Conference held in Sigatoka, Justice Temo responded to inquiries about the inclusion of capital punishment in the draft Counter Narcotics Bill.

He noted that the current draft does not propose any provisions for the death penalty, and under the existing Constitution, its implementation would be unfeasible. “For the death penalty to be introduced, changes to the Constitution are essential,” he stated, anticipating significant public and political debate surrounding any proposed amendments. Justice Temo recognized the Minister of Women and Child Protection’s call for such measures, likening the situation to approaches taken by countries such as Indonesia.

However, he questioned whether it was appropriate for politicians to define penalties and suggested that lawmakers should collaborate with the judiciary to clarify the punishment framework, rather than leaving it solely to the courts.

Acting Director of Public Prosecutions (DPP), Nancy Tikoisuva, supported this stance by asserting the Constitution’s role as the supreme law, which upholds the right to life. She clarified that the DPP does not advocate for the death penalty.

Moving forward, consultations regarding the Anti-Narcotics Bill will engage members of the judiciary and the ODPP, followed by a nationwide consultation on the proposed legislation.

This discussion highlights the ongoing consideration of the legal framework surrounding drug-related offenses and the complexities that come with changing fundamental laws. It also reflects a collective desire to ensure just and fair penalties while respecting human rights. In the face of these challenging debates, it is hopeful to see a commitment to dialogue and a thorough examination of the proposed measures as the country navigates its path forward.

Summary: Acting Chief Justice Salesi Temo stated that for the death penalty to be enacted for serious drug offenders, amendments to the 2013 Constitution are necessary. Both Temo and Acting DPP Nancy Tikoisuva emphasized the importance of the right to life under the current legal framework, as consultations on the Counter Narcotics Bill approach.