IHRA launches 'The Death Penalty for Drug Offences: Global Overview 2010' report

 
The International Harm Reduction Association released a study on the death penalty for drug offences today on the opening day of the 19th session of the UN Commission on Crime Prevention and Criminal Justice, taking place in Vienna. The report, titled ‘The Death Penalty for Drug Offences: Global Overview 2010’ (2.4meg pdf), finds that hundreds of people are executed for drug offences each year around the world, a figure that very likely exceeds one thousand when taking into account those countries that keep their death penalty statistics secret.

The report is the first detailed country by country overview of the death penalty for drugs, monitoring both national legislation and state practice of enforcement. Of the states worldwide that retain the death penalty, 32 jurisdictions maintain laws that prescribe the death penalty for drug offences. The study also found that in some states, drug offenders make up a significant portion – if not the outright majority – of those sentenced to death and/or executed each year.

 

Beer: ten free pints. Cannabis: death penalty.

Check out the screen grab below and note the juxtaposition of the horrifying death sentence imposed upon two young men in Malaysia for 'trafficking' what was under 500 grams of cannabis each, with the completely legal aggressive promotion of another -arguably far more socially damaging- drug.

screen grab from the NST website: click to see full size

The cannabis story is bad enough. These two men, both in their twenties at the time of their arrest are about to have ropes put around their necks, have their spinal cords severed and their lives ended. All for a crime that in the UK would probably not get you more than a few hours of community service, or a caution if you get a decent lawyer and have no previous.

Now before we hear the usual line about 'they knew the law and took the risk', I know that. But the law itself is morally offensive, it is ineffective and its enforcement is illegal under international law. Not only have the UN's human rights agencies called for a moratorium on all use of the death penalty, but specifically, no non-violent drug offences meet the criteria of 'most serious crimes' that would - by any legal interpretations of international law - qualify for the death penalty. Importing an amount of cannabis that weighs - as fate would have it - almost exactly the same as a standard can of Guinness is certainly not a 'most serious crime'. (for more discussion see IHRAs publication 'The Death Penalty for Drug Offences').

Ironic banner ad / news feature mismatches are a common internet phenomenon but it is still striking when the yawning gulf between illegal and legal drug policy is so blatantly exposed. There on the same page as the sickening and tragic story of cannabis enforcement brutality is an animated advertising promotion to 'win 10 pints of Guinness'. Alcohol is of course a psychoactive drug just as cannabis is. Its toxic, it can be addictive, and it causes a range of brain and organ damage for those who don't consume it sensibly. It kills lots of people (as it happens; far more than cannabis in population or per capita/user terms). Yet I'm quite sure you could bring an oil tanker of Guinness into Malaysia and not face the death penalty.



Related blog posts:

Transform submission to the DoH consultation on Alcohol Policy

The fault lines in current drug policy

World Anti Drugs Day attempts to disguise UN drug agency failings

UN World Anti Drugs Day attempts to disguise the catastrophic failure of the UN drug agencies

NEWS RELEASE
22.06.07
No embargo

On Tuesday June 26th the UN office of drugs and crime (UNODC) will celebrate annual World Anti-Drugs Day. Transform Drug Policy Foundation, the UK's leading independent centre of expertise on drug policy and law reform, condemn the UNODC for once again attempting to dress up the striking failure of its anti-drugs strategy as success, and failing to speak out against mass executions of drug offenders in China.

Transform Drug Policy Foundation spokesperson Steve Rolles said:

“In 1998 the UN drug agencies pledged to create a ‘Drug Free World’ within ten years. However, The UNODC’s own annual world drug reports have chronicled the continued global rise in the production and use of drugs over the last decade, particularly of the most dangerous drugs, heroin and cocaine. By any measure the UNODC's policy and ten year strategy has been an abject failure, with Afghanistan opium production breaking new records, and cocaine use in Europe rising dramatically.

“But instead of reflecting on these failures and considering alternative strategies for controlling drug markets that do not involve wasting billions on futile eradication programmes and increasing militarization of the war on drugs, we just hear more tough talking and yet more announcements of new initiatives.

“This year, as they launch another initiative with the motto ‘do drugs control your life’, they should be asked why they have continually failed to condemn the practice in China of celebrating world anti-drugs day with mass executions of drug offenders. The UN Special Rapporteur on Summary or Arbitrary Executions has called on China to end the use of the death penalty for drug trafficking, yet the UNODC, who organise world anti-drugs day has never seen fit to comment on China’s barbaric practices.

New UNODC campaign motto
'Do drugs control YOUR LIFE'
for UN World Anti-Drugs Day 26.06.07

Death sentence is publicly passed against a woman in
China who was immediately executed on drugs charges.
UN International Anti-Drugs Day 26.06.03
(www.sina.com.cn via AI web site)

Ends.

Background information

UNODC world anti drugs day page

UNODC annual report 2007

UNODC world drugs report 2006 (2007 edition due end of June, after world anti-drugs day)

Critique of UNODC world drugs report 2006 from the Trans National Institute

Transform briefing on the crisis in the UN drug agencies

Amnesty International condemn Chinese practice of executions to mark world anti-drug day

Stop the Drug War Blog on Chinese executions of drug offenders on world anti-drugs day

Plea to prevent the execution of Basil Omar

.
Below is copied an email circulated to the member organisations of ENCOD, a European umbrella group concerned with the failings of international drug policy. Transform would encourage you to send letters, either as individuals or as organisations, using the contacts and information provided to plea for the life Basil Omar. 17 years and then execution for a kilo of cannabis - think about it.

Dear friends

On 20 March 2007, the Federal Court of Malaysia confirmed the death sentence of Basil Omar (36), who was caught with 1 kilo of cannabis in January 1990.

We ask everyone to copy the following letter to the relevant authorities (which has been sent on behalf of ENCOD), sign and send it as well by normal post or by e-mail to the Malaysian embassy in your neighbourhood.

Adresses of Malaysian embassies

Please feel free to spread this message.

Thanks, best wishes,

Joep - ENCOD

To:

PRIME MINISTER Dato' Abdullah Haji Ahmad Badawi, Prime Minister's Department, Block 1, Federal Government Administration Centre, 62502 Putrajaya, Selangor, MALAYSIA Telefax: (00 60) 3-8888 8344, (00 60) 3-8888 3530

POLICE CHIEF Datuk Seri Mohd Bakri Omar, Ketua Polis Negara, Ibu pejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, MALAYSIA Telefax: (00 60) 3-2273 1326

CHAIR HUMAN RIGHT COMMISSION Tan Sri Abu Talib Othman, Suruhanjaya Hak Asasi Manusia Malaysia, 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, MALAYSIA Telefax: (00 60) 3-2612 5620

Dear Prime Minister,

Dear Inspector General of Police,

Dear Chair of the national human rights commission SUHAKAM,

Dear Ambassador,

Antwerpen, 16 april 2007

As a European coalition of NGO's and individuals concerned with the global drug issue, we would like to inform you herewith of our deepest concerns about the upcoming execution of Mr. Basil Omar (36), whose death sentence was confirmed recently.

Mr. Basil Omar was caught in possession of 1 kilo of cannabis on January 31, 1990. He was sentenced to death in September 1994. On 20 March 2007, Mr. Omar's appeal to the Malaysian Federal Court to have the death sentences by hanging reversed, failed.

The use of the death penalty as such runs counter to the universal protection of human rights and is at odds with the international trend away from the use of this measure. Very few countries currently carry out executions: provisional figures compiled by Amnesty International indicate that only 20 of the United Nation's 193 member states carried out state killings in 2006. In countries such as South Korea and Taiwan, authorities are considering to abolish this measure. We hope that this will soon be the case in Malaysia as well.

However, in this particular case, we believe there is no valid argument whatsoever to carry out this punishment, and urge you to do whatever is possible to reverse the sentence.

Cannabis is a natural product, a non-lethal substance. Its consumption is widespread around the world, as it has been for thousands of years among many different cultures and people. In most European countries, cannabis possession for personal consumption is not even penalised anymore. In the coming years, we expect major law changes that will allow for the cultivation and distribution of cannabis to adults in several European countries.

In spite of executions of drug traffickers in Malaysia, the country is not and will never be drug-free. Many people in Malaysia want to consume cannabis and other drugs, so it is obvious that other people will supply them. Taking the life of Mr. Omar will not change that situation.

Drugs trafficking is the core business of globally organised criminal organisations. Mr. Omar or others who are occasionally caught by authorities with relatively small amounts do not have major responsibilities in this business. Killing them will not scare the drugs gangs away. On the contrary, it is possible that thanks to these punishments, the drugs barons can continue to justify extraordinary high prices for their goods.

ENCOD strongly believes that the drugs problem can only be reduced by effective social and health policies, not by legal sanctions. Innovative strategies for addressing the issue both globally and locally are needed, and the harsh implementation of drug prohibition is a major impediment to thee introduction of these strategies. The reinforcement of policies that have failed until now will increase the lack of credibility of authorities in the opinion of the general public.

We call upon your wisdom to apply principles of sound governance and reverse the death sentence for Mr. Basil Omar. We also offer you our co-operation in order to convince European governments to support Malaysia in the creation of structures which would allow for the reduction of harm that the production, trade and consumption of illicit drugs can cause.

Sincerely yours,

On behalf of ENCOD,

Christine Kluge, Germany
Marina Impallomeni, Italy
Virginia Montañes, Spain
Farid Ghehioueche, France
Jan van der Tas, Netherlands
Joep Oomen, Belgium

(Steering Committee)

*EUROPEAN COUNCIL FOR JUST AND EFFECTIVE DRUG POLICIES*

*Lange Lozanastraat 14 -- 2018 Antwerpen - Belgium*

*Tel. + 32 (0)3 237 7436 -- Mob. + 32 (0)495 122644*

E-mail: info@encod.org / www.encod.org