Acting Chief Justice Salesi Temo has made it clear that for the death penalty to be imposed on serious drug offenders, significant constitutional changes would be necessary. During his remarks at the ODPP Annual Conference held in Sigatoka, Justice Temo responded to aspirations for the inclusion of capital punishment in the proposed Counter Narcotics Bill, asserting that the current 2013 Constitution does not support such measures.
Justice Temo explained, “The Bill doesn’t contain any suggestion of the death penalty, and I don’t believe it’s feasible under the existing Constitution. Should this penalty be pursued, we would first need to amend the Constitution, which could lead to considerable debate among politicians and the public.”
He acknowledged the sentiments expressed by the Minister of Women and Child Protection, who advocated for the death penalty in line with policies found in countries like Indonesia and other Southeast Asian nations. However, he emphasized the importance of politicians working alongside the judiciary to clarify penalties, rather than leaving it solely to the courts.
Acting Director of Public Prosecutions, Nancy Tikoisuva, echoed this sentiment, stating that the Constitution firmly protects the right to life, which remains paramount. She affirmed, “It is not the position of the DPP to support the death penalty.”
Consultations regarding the Anti-Narcotics Bill are set to include judiciary members and the ODPP, with broader nationwide discussions planned thereafter.
This approach highlights a commitment to due process and the importance of public dialogue in creating effective legislation. The focus on protection of human rights and life signifies a consciousness towards fostering a balanced justice system, while consultations indicate an effort to incorporate diverse perspectives in shaping future laws. Such discussions could lead to more effective and compassionate methods of addressing drug-related issues in society.
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