Hanging Is Already Law—Ali Must Explain His Latest Move

Guyana’s Constitution permits the death penalty following a lawful conviction, and the country’s criminal laws retain capital punishment for certain categories of murder. Yet, following the horrific death of six-year-old Orlando Jaikarran, President Irfaan Ali has called for a fresh examination of hanging without clearly explaining what his proposed review would change in a legal system that has not carried out an execution since 1997.

Article 138(1) of Guyana’s Constitution provides that a person may be deprived of life through the execution of a court sentence for an offence under Guyanese law of which that person has been convicted. The Criminal Law (Offences) Act, Chapter 8:01, as amended in 2010, removed the mandatory death penalty for murder and restricted capital punishment to specified categories of murder.

The law therefore already provides for the ultimate punishment in certain circumstances. The question Ali must answer is why he believes a review is necessary, what changes he intends to pursue and whether his government is prepared to address the weaknesses that continue to undermine public confidence in justice.