By Katalina Siasau

Capital punishment as a deterrent for illicit drugs offences, was rejected 38 to 8 by debaters who were invited by the Speaker, Lord Fakafanua, to participate in the first public debate held in the Parliament House in Nuku'alofa yesterday, 28 May.

A majority of the debaters voted against the death penalty as the best solution in the fight against illicit drugs in Tonga, when they debated the topic "Capital punishment is the best deterrent for illicit drugs offences."

A panel of speakers who provided overviews on the drugs issue, included Vaiola Hospital Head Psychiatrist Dr. Mapa Puloka, Rev. Semisi Kava from HM Prisons, Deputy Police Commissioner Tevita Vailea, and Mele Prescott from the Salvation Army in Tonga.

Two Members of Parliament representing the supporting and opposing sides of the debate, were the People’s Representative of Vava’u 14, Dr. Mo'ale ‘Otunuku in supporting of the topic, and the People’s Representative of Tongatapu 4, Mateni Tapueluelu in opposition.

Police arrests

Dep. Police Commissioner Tevita Vailea, said that Tonga Police had arrested more than 1000 people involved with drugs, where 92% percent were men and 8% were women. They recognised an increase in the number of women involved in drugs offences.

The youngest to have been arrested in illicit drugs crimes was 12 years old, and the oldest was over 50 years old, while the most active ages in these crimes are between 22 - 40 years old.

He said that since 2017, Police saw illicit drugs offences as one of the challenges that threatened the safety of the communities. Under the Crime Prevent Strategy, Police had found the main driver for most crimes was illicit drugs.

"There is also a high percentage of re-offenders due to addiction."

However, Dep. Commissioner Vailea said that the Police remained impartial in this debate on the question of the death penalty for offenders.

“Tonga Police role is to enforce the law for the purpose of keeping the society and communities safe,” he said.

Honesty and transparency

Rev. Semisi Kava from HM Prisons believed that important pillars of the criminal justice system, including the Police, courts, and prisons should be fully committed to their work that was already place, and adding to that transparency. "Honesty is the best policy," he said.

Dr. Mapa Puloka had an impartial view on the issue of the death penalty, however, he thought it could be a psychological deterrent.

He said that illicit drug-related disorders make up 40% of monthly admissions to his psychiatric ward.

Moreover, he said the expenses treating a person with illicit drug-related disorders are three times as much than other patients.

"I believe the death penalty should be added to life imprisonment punishment as a deterrent. It works in the field of psychology," he said.

Tonga needs a rehabilitation center

Mele Prescott from Tonga’s Salvation Army emphasized the need for a rehabilitation center in Tonga.

"There is very little proper treatment options, including a rehab center."

Mele said that 20% of patients in drug related admissions were able to change while 80% returned to their old environment.

"We believe that death penalty is not the option, but proper treatment options," she said.

Ultimate punishment can change people

Arguing in support of the topic, the PR Vava’u 14 Dr. Mo’ale ‘Otunuku said the death penalty was the best deterrent for illicit drugs crimes.

It could deter drug offenders and can put an end to drug crimes.

"The ultimate punishment can change people’s mindset from planning crimes."

He argued that it was ethical and legal to use death as a punishment and it could be put into action in accordance with the Criminal Act section 24 (1) (f).

"To protect people, the death penalty will encourage peace by removing criminals from the society," he said.

Dr. 'Otunuku said it was important to protect our borders. “The death penalty will discourage those involve in trafficking drugs."

Lala from FM 88.6 radio supported the topic saying “the drugs issue will never be over if we don’t use something different instead of imprisonment because offenders and can go back to repeat the same crimes.”

Hihifo District Officer, Ha’ofanga Pahulu believed the death penalty should be used in practice.

Sofilisi Hingano from Tonga National University supported the death penalty. “Is not the ultimate punishment the best punishment?" he asked.

Right to life

However, People’s Rep Tongatapu 4 Mateni Tapueluelu argued that firstly, the Bible commands us not to murder, and, secondly, the Constitution supports the right of every person to life.

“We can take away freedom, but life, we should not take.”

"Tonga is a member of the United Nations that supports life, as referred to the Universal Declaration of Human Rights Article 3 that states, everyone has the right to life, liberty and security of person.

“The death penalty is not the best solution. However, we can take away freedom and free will from these people."

He argued that there was a risk of wrongful executions and that it could also be wrongfully used as retribution.

"It is just barbaric," he said.

Summing up his arguments, Mateni said that there has been no statistics that proved that the death penalty could deter drugs crimes.

Drew Havea from Tonga Civil Society argued that foreign countries had not proven that the death penalty could solve the issue of drugs.

‘Ofa Pakalani a teacher at the Youth and Community Development at Tupou Tertiary Institute argued against the topic. "If a father or a mother were given the death penalty, where would that leave the children?"

Mausa Halahala from the University of Christ believed that there was very little commitment from important stakeholders in Tonga in dealing with the issues of drugs.

Lupeolo Tahitu’a from the Women and Children Crisis Center (WCCC) argued that capital punishment was not religious.

Robert Lundstorm called for a rehab centre to be set up in Tonga, and to use drug testing. "All kinds of things that can be done aside from executing," he said.

Olivia Fa argued that instead of death as a punishment, she supported life imprisonment without parole.

Restorative settlement

Chief Inspector of the Crime Prevention Group at Tonga Police, Officer Penisimani Sili strongly argued against the death penalty.

He suggested to the Speaker draft a law to allow restorative settlement within Tonga's criminal justice system.

Officer Sili conducted a survey with 15 people who were in prison, who were arrested for possession of illicit drugs within the last two months, to find out what could change their mindsets from committing the same crime. He found only two who said imprisonment would prevent them from re-offending, and the other 13 said even death would not stop them.

However, Officer Sili said some of those people wanted to go back to school, some wanted counseling, and some wanted jobs with good wages.

He said that the death penalty goes against Christianity and Tongan culture.