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Illustration of Death penalty requires constitutional change- Temo

Debate Ignites Over Death Penalty for Drug Offenders

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Acting Chief Justice Salesi Temo has stated that in order for the death penalty to be imposed on serious drug offenders, amendments to the 2013 Constitution are necessary. Speaking at the Office of the Director of Public Prosecutions (ODPP) Annual Conference held in Sigatoka, Justice Temo responded to proposals for the death penalty to be included in the new Counter Narcotics Bill.

Justice Temo emphasized that the current draft of the Bill does not propose any reference to the death penalty, and given the provisions of the Constitution, it would be a significant challenge to introduce such a measure without first amending the Constitution. He acknowledged the perspective of the Minister of Women and Child Protection who has advocated for capital punishment, pointing out parallels with policies in Indonesia and other Southeast Asian nations. However, he urged politicians to take a proactive role in establishing clear penalties instead of leaving that responsibility solely to the judiciary.

In response, Acting Director of Public Prosecutions Nancy Tikoisuva affirmed the importance of the Constitution in safeguarding the right to life. She stated that it remains the stance of the DPP to oppose the death penalty, underlining the Constitution as the supreme law that prioritizes the protection of life.

Upcoming consultations regarding the Anti-Narcotics Bill will involve the judiciary and the ODPP, with a broader national consultation expected to follow.

This ongoing discussion highlights the complex relationship between legal frameworks, public sentiment, and crime prevention strategies. While the call for harsher penalties, such as the death penalty, reflects a desire for significant action against drug offenses, the fundamental protections enshrined in the Constitution serve to remind us of the importance of human rights in any legislative changes.

In summary, the article illustrates the challenges lawmakers face in balancing public safety and constitutional rights, and sets the stage for important forthcoming discussions on how society should address drug-related crimes. This could lead to a more thoughtful approach to criminal justice that respects the principles of human dignity while still addressing the crucial issue of drug trafficking.


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