Govt considers expanding death penalty to include murders of children

While acknowledging that the matter will attract intense public debate, Attorney General and Legal Affairs Minister Anil Nandlall has confirmed that the Guyana Government is considering instituting the death penalty for a wider category of offences, including the murders of children.

He made the revelation during his programme “Issues in the News” on Tuesday evening, hours after President Dr Irfaan Ali informed another section of the media that he had asked the Attorney General to examine the matter in light of the murder of six-year-old Orlando Jaikarran, allegedly by his father.
According to Nandlall, this examination forms part of a wider review of the country’s laws dealing with various categories of offences, taking into account their prevalence in society.
“In this country, we have robbery with and without violence, burglary…rape, and child molestation, as some of the most prevalent offences and repeat offences. The recidivism is high in these offences, and therefore, the penalty must reflect these principles,” he noted.
He recalled that in 2010, the Government had amended the country’s laws to divide murders into capital and non-capital offences, with capital offences carrying the death penalty while non-capital offences would attract life imprisonment.
For instance, he explained that the killing of a Policeman or judicial officer in the course of duty would be classified as a capital offence.
“Perhaps we need to relook at that divide and see whether we should not increase the categories of capital offences to include the murdering of children,” the Attorney General said.
Nandlall noted that widespread consultations will take place before any changes are made, recognising that different segments of society hold completely opposite views on the subject.
In fact, he reminded that only a few years ago, the constitutionality of the death penalty in Guyana was challenged, with the Court of Appeal declining to strike down the punishment as unconstitutional.
In Guyana, there is a moratorium on capital punishment since 1997.
But following the gruesome murder of the six-year-old, President Ali has said the incident, along with other crimes of an extreme nature, has prompted him to consider whether existing penalties are sufficient to deter such acts and convey the seriousness with which society views them.
While acknowledging the human rights considerations surrounding capital punishment, the Head of State maintained that the country must confront the question of how best to respond to crimes that shock the conscience of the nation.
Asked directly whether he believed the death penalty was the stronger measure required, President Ali responded emphatically, “One hundred per cent.”
According to reports, the six-year-old’s father reportedly confessed to throwing the child overboard after allegedly being told by a religious leader that the boy was not his biological son. The child’s body was found without the head, with a missing arm and leg.