The World Day against the Death Penalty was jointly marked by the Australian and New Zealand High Commissions on October 9 in Nuku'alofa.

Australian High Commissioner, HE Adrian Morrison noted Australia’s commitment to universal human rights and opposition to the death penalty, at a reception held at his residence.

This year's theme for World Day against the Death Penalty is ‘Access to counsel: a matter of life or death’.

He said effective legal representation is important in all trials but particularly so in death penalty cases, where it can literally be a matter of life and death.

“We urge Tonga to take the next step of abolishing death penalty in law, and to join Australia, New Zealand and 86 other countries throughout the world in ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.”

The event was an opportunity to reflect on the suffering caused by the death penalty and acknowledge the efforts of governments and civil society to bring about its universal abolition. 

Meanwhile, New Zealand High Commissioner, HE Tiffany Babington who co-hosted the event, spoke of her government’s support for the abolition of the death penalty worldwide. 

She said they consider states to have an obligation to protect the rights of their citizens, including their right to life. 

“We welcome the fact Tonga has not applied the death penalty since 1982, being abolitionist in practice, reflecting our shared views on the sanctity of life, and look forward to the day when the death penalty is removed from Tonga’s laws.”

The last execution in Tonga took place in 1982. Since then, Tonga has maintained a de facto moratorium on the death penalty, although it remains in law as a punishment for murder and treason. 

At the end of 2019, about 106 countries (a majority of the world’s states) had abolished the death penalty in law for all crimes, and 142 countries (more than two-thirds) had abolished the death penalty in law or practice. To date, all Pacific nations have abolished the death penalty entirely except for two, Tonga and Papua New Guinea.

Pesi Fonua, Editor of Matangi Tonga, said that in1981 the murder convictions of four men at Vaini had resulted in the last hangings in Tonga.  It was another 24 years until a jury delivered a guilty verdict for a murder conviction. The sentence for murder is either life imprisonment or death by hanging. The verdict is a matter for the jury, and the sentence is for the presiding Judge of the Supreme Court. Any death sentence passed must be confirmed by His Majesty the King. In 2005 and 2008 two death penalites were commuted to life imprisonment. Since then, there have been several jury trials in Tonga on the charge of murder but none of the juries have passed a guilty verdict for murder, preferring a lesser charge of manslaughter.

The World Day against the Death Penalty event was attended by the Speaker of the Legislative Assembly Lord Fakafanua, Hon Mr Justice Laki Niu, church leaders, civil society, media and government representatives.