Capital punishment in Tonga
Encyclopedia
Capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

 is legal in Tonga
Tonga
Tonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...

, but has not been imposed for over twenty years. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 currently categorises Tonga as abolitionist in practice.

Under the Criminal Offences Act the crimes of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

 and treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...

 may be punished by sentence of death. No such sentence shall be carried out unless approved by the King, and he may commute the sentence to life imprisonment. The death penalty may not be imposed on pregnant women, or on those under 15.

Tonga's chosen method of execution is hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

. The last execution took place on September 7, 1982, after three men, Flatoti Sole, Livingi Sole and Fili Esau, were hanged for murder in the village of Vaini. The government considered abolition at the time, but decided to retain the death penalty.

In 2004, a bill to impose the death penalty for drug smuggling was defeated 10-7 in the Tongan Legislative Assembly
Legislative Assembly of Tonga
The Legislative Assembly of Tonga has 30 members, 9 members elected for a three year term in multi-seat constituencies via the single non-transferable vote system, 9 members elected for a three year term by the 33 hereditary nobles of Tonga, 10 members of the Privy Council and 2 governors. The...

.

In 2005 Tevita Siale Vola became the first Tongan convicted of murder in 24 years, but the judge declined to impose the death penalty, stating that it was reserved only for "the rarest of rare cases when the alternative option is unquestionably foreclosed".

In 2007 it was revealed that several men suspected of murder during the 2006 Nuku'alofa riots
2006 Nuku'alofa riots
The 2006 Nukualofa riots started on 16 November, in the Tongan capital of Nukualofa. The Legislative Assembly of Tonga was due to adjourn for the year and despite promises of action, had done little to advance democracy in the government. A mixed crowd of democracy advocates took to the streets in...

 might never face trial, after Australian investigators refused to hand over autopsy reports due to concerns about the possible imposition of the death penalty.

In 2008 Tonga voted against the UN moratorium on the death penalty
UN moratorium on the death penalty
The UN moratorium on the death penalty were two proposals by Italy and Chile supported by several countries and NGOs before the General Assembly of the United Nations that called for general suspension of capital punishment throughout the world...

 in the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

.

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