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Malay Couple Get Life for Half Ounce, Marijuana Plant

A Malay court in Kuching, Sarawak Province, has sentenced a married couple to life in prison for possessing less than a half-ounce of marijuana and having a pot plant in their home. The husband was also sentenced to nine lashes of the cane.

Kuching, Sarawak Province, Malaysia
Judge Afidah Abdul Rahman imposed the life sentence on Tajol Ashikin Tambi, 39, and wife Rozaimah Mat, 37. They were convicted under Section 6 of Malaysia's Dangerous Drug Act of 1952, which pertains to marijuana.

The man and wife were each convicted of two offenses, marijuana possession and marijuana cultivation. They were sentenced to three years each for possessing 20 grams of pot (less than a half ounce) and sentenced to life in prison for growing a marijuana plant.

They were arrested a year ago. They claimed their elder child had planted the marijuana plant without their knowledge, and they brought it in the house because it was "dangerous."

Their defense attorney, Voon Lee Shan, asked for leniency, citing the couple's two children, ages four and seven. But Judge Afidah Abdul Rahman demurred, saying the couple was "in denial" in claiming their child had planted the marijuana plant.

Prosecutor Hasyutantee Khalil argued against leniency, saying the public interest had to be taken into account and that the couple had failed as parents by involving their children in the case.

Tajol stoid stoicly as the sentence was pronounced, but his wife broke down in tears.

Malaysia has some of the world's harshest drug laws, including the death penalty for some offenses, including some marijuana offenses. On the up side, at least the judge suspended the caning.

Malaysia

Mexico Drug War Update

by Bernd Debusmann Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed more than 50,000 people, including more than 15,000 in 2010 and another 15,000 last year. The increasing militarization of the drug war and the arrests or killings of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Thursday, January 26

In Ciudad Juarez, a man was shot and killed inside a restaurant in front of dozens of customers. Several people who were with the victim ran from the scene.

Friday, January 27

In Nuevo Laredo, four gunmen and a soldier were killed during a fire fight. The incident began when gunmen traveling in six vehicles opened fire on an army patrol. Five soldiers were wounded and taken to a local hospital.

In Ciudad Juarez, at least ten people were murdered in several incidents. Ten more would be killed on Saturday.

Saturday, January 28

In Torreon, five people were gunned down by a group of men wielding assault rifles. Four other individuals were wounded in the incident.

In Monterrey, three bodies were found dead along with a message from a criminal organization.

Monday, January 30

In Sinaloa, the commander of army forces in the state said that marijuana and poppy growers have been severely hampered by drought and that his forces are detecting fewer grow sites than in previous years. Another army spokesman said that the drought did not mean a drop-off in overall cartel production.

In Nuevo Leon, police announced the capture of a suspected Zeta who allegedly confessed to killing 75 people, at least 36 of whom were taken from passenger buses. Enrique Elizondo Flores, "El Arabe," was arrested on January 20 but authorities say they delayed the announcement to give them time to verify his claims. Over 90 people were killed in three bus attacks thought to have been carried out by the Zetas in January and March 2011.

In Ciudad Juarez, at least seven people were killed.  In one incident, three gunmen were killed in a fire fight after attacking the police. At least eight municipal police officers have been killed in January in attacks that have been blamed on the New Juarez Cartel. In other incidents, a couple was murdered in an industrial park, a man was shot dead on a bus, and a body was found in a car after having been kidnapped on Sunday.

In Guasave, Sinaloa, three soldiers were killed during a fire fight with armed men. According to reports, an army patrol was chasing several vehicles with armed men who resisted. Several gunmen were also reported killed but the bodies were taken away. A pickup truck and several weapons were left abandoned at the scene. After the shooting, a tense standoff took place between soldiers and municipal police forces, who had ignored distress calls from the soldiers involved in the shooting.

In Monterrey, seven suspected Zetas were arrested on kidnapping and other charges. Two victims were rescued from their safe house.

Tuesday, January 31

In Mexico City, a top official confirmed that an army general and 29 of his troops are on trial for crimes they committed while operating in the Ojinaga, Chihuahua border area in 2008 and 2009. General Manuel Moreno and his underlings are accused of committing at least 10 killings and reselling seized narcotics, as well as stealing property during raids. They were originally charged in August 2009.

Off the coast of California, a motorboat laden with over a ton of marijuana was intercepted by authorities. Three Mexican nationals were arrested.

In Mexico City, Mexican prosecutors announced that three former Tamaulipas governors are being investigated. Authorities have declined to say why exactly the men are being investigated, however.

[Editor's Note: We are no longer going to keep a running tally of the death toll; the figures are too unreliable. The latest figures below were released by the Mexican government in January.]

Total Body Count for 2007 (approx.): 4,300

Total Body Count for 2008 (approx.): 5,400

Total Body Count for 2009 (approx.): 9,600
 
Total Body Count for 2010 (official): 15,273

Partial Body Count for 2011 (official): 12,093*

Total Body Count (official): 47,705*

* Official figures through September 30, 2011. Unofficial estimates put the entire year's death toll at around 16,000, meaning more than 50,000 people had been killed by the end of 2011.

Mexico

Guatemalan Leader Wants Decriminalization Talks

Newly installed Guatemalan President Otto Perez Molina has called for talks about a regional drug strategy, including drug decriminalization. Perez Molina made the remarks in an interview with the Mexican TV network Televisa, Miami's El Nuevo Herald reported.

Otto Perez Molina and the "iron fist" (wikimedia.org)
"I believe that the decriminalization of drugs would have to be a strategy in which all the region agreed," said the retired army general who took office January 14. "We're talking here from the south, where it is produced, through all the countries, like Guatemala, through which it passes, to Mexico and the United States. I think that if this is not the path, then when have to find another, but it has to be a regional strategy in which we are all disposed to make the same effort."

While praising Mexican President Felipe Calderon for making "a very great effort" in his fight against drug traffickers, Perez Molina complained that that effort "has not been matched by the United States, which is its neighbor and largest [drug] market."

Perez Molina's remarks on decriminalization come as something of a surprise. He said nothing like that during his election campaign, in which he vowed to use "an iron fist" against encroaching Mexican cartels. In one of his first acts in office, he emulated Calderon by calling out the armed forces to fight the cartels.

Both the Zetas and the Sinaloa cartel are reported to be operating in Guatemala, which borders Mexico to the north. The drug gangs are blamed for an increasing number of killings in the Central American country, the bloodiest being the May 2011 massacre of 27 farm workers whose boss had been targeted by the Zetas.

Guatemala

Marijuana Reform Polls Strongly (Again) in Canada

Just days after Canada's opposition Liberal Party adopted a marijuana legalization resolution, a new poll suggests the Grits have their fingers placed firmly on the pulse of the electorate. The poll found that nearly two-thirds favor decriminalizing or legalizing marijuana, while only 20% support leaving the laws the way they are now.

The poll, conducted by Forum Research and published in the National Post Tuesday, found that 40% of Canadians said marijuana "should be taxed and legalized," while 26% favored decriminalization. Respondents in every province produced majorities for legalization/decrim, ranging from a high of 73% in British Columbia to a low of 61% in Quebec.

When it came to "it should be taxed and legalized," support was again strongest in British Columbia at 50% and lowest in Quebec at 36%. Support for legalization was at 42% in the Atlantic provinces, 40% in the Prairie province, and 38% in Quebec.

The poll is roughly in line with other Canada polls in the past decade, although giving respondents both a legalization and a decriminalization choice may have lowered support for legalization somewhat. Four polls taken since 2004 had support for legalization ranging between 51% and 55%, while five polls since 2003 have found support for decriminalization (asked various ways) ranging from 59% to 83%.

In any case, this most recent poll is not good news for the Conservatives, who are attempting to push through their draconian C-10 crime bill, which seeks increased penalties for some marijuana offenses, including mandatory minimum sentences for growing as few as six plants. Only 11% of respondents said marijuana penalties should be increased.

Canada

Canada's Liberals Endorse Marijuana Legalization

The Canadian Liberal Party Sunday overwhelmingly approved a resolution calling for the legalization of marijuana. The motion at the party's biennial convention in Ottawa passed with 77% of the vote.

Canada's Liberal Party voted to legalize marijuana at the Ottawa Convention Center Sunday (liberals.ca)
The vote pledges that, once elected, a Liberal government "will legalize marijuana and ensure the regulation and taxation of its production, distribution and use, while enacting strict penalties for illegal trafficking, illegal importation and exportation, and impaired driving."

The vote does not bind the party leadership to make legalization part of the party platform, but is intended to give direction on policy positions the membership wants the party to take. The party's Young Liberals, who sponsored the legalization resolution, are pushing to make it part of the platform in 2015.

The convention also saw the party elect a new leader, former head of the party's Ontario wing Mike Crawley, as it attempts to re-energize and reinvent itself after being reduced to Canada's third party in last May's elections. The Liberals had governed the country for most of the last century, but were reduced to 34 seats in the House of Commons in May, leaving the New Democrats to serve as opposition party to the ruling Conservatives.

"I am re-energized by all of you," Crawley said at the convention. "The party is clearly focused on the future."

"If you want to be part of a group of free-thinking, innovative, thoughtful, pragmatic, hopeful, positive, happy people, come and join the Liberal party," said interim party president Bob Rae in his speech ending the convention. "And after the resolution on marijuana today, it’s going to be a group of even happier people in the Liberal party."

Prohibition has failed, Rae said. "Do you really think it makes sense to be sending another generation of young people into prison when you realize that the most addictive substances that are facing Canada today are alcohol and cigarettes? Let's face up to it Canada -- the war on drugs has been a complete bust."

The Liberals half-heartedly embraced marijuana decriminalization when they held power a decade ago, but never got around to actually passing it. Now, having tasted defeat, the party is willing to go further, or at least the membership is. Let's see how closely the leadership is listening.

Ottawa
Canada

Peru Fires Reformist Drug Czar

Ricardo Soberon, the reformist head of DEVIDA, the Peruvian drug agency, has been fired and replaced, the Peruvian government announced Tuesday. Soberon made waves last August when he implemented a temporary ban on forced eradication of coca plants, taking the US Embassy by surprise, but that was soon reversed on the orders of his boss, Interior Minister Oscar Valdes.

statues of coca leaves adorn a small town plaza in Peru (photo by author)
Relations between Soberon and Valdes never warmed, and he "resigned" on Tuesday after just five months in office. Soberon also found himself increasingly at odds with President Ollanta Humala, who had campaigned on a pledge to not aggressively pursue eradication, but who has shifted to the right on this and other issues since taking power.

Soberon had taken that same message to coca growers, with whom he had forged relationships after years of work in the field. His departure could mean an uptick in conflict in the already contentious relationship between coca grower unions and the government.

"Soberon's exit was a matter of time," Peruvian drug policy expert Jaime Antezana told the Washington Post. "There was no chance that Oscar Valdes would keep him in the job."

Soberon had been working on a five-year national drug strategy that would have called for vigorous pursuit of cocaine traffickers and money launderers and interdiction of incoming precursor chemicals and outgoing cocaine, but de-emphasized punishing the peasants who grow coca outside the government coca monopoly, ENACO. That strategy was never approved.

Peru is now arguably the world's largest producer of cocaine, having surpassed Colombia despite the latter country's having more acreage of coca planted, according to US officials. Peru's coca fields are higher-yielding because they are more mature, and the country had the potential to produce 325 metric tons of cocaine last year, compared to 270 tons in Colombia.

Peru eradicated about 15% of the crop last year, but at the political price of alienating thousands of coca growing farm families. Now, it appears ready to deepen that divide.

Lima
Peru

Montreal Agency Calls for Four Safe Injection Sites

In a report released Friday, the city of Montreal's public health agency recommended that the city create four safe injection sites for hard drug users, including one that would be mobile. The mayor's office said the same day it agreed with the proposal.

A client prepares to fix at Vancouver's Insite safe injection site. (Image: Insite)
The city must now seek funding to operate the sites from the Quebec provincial health department and then seek an exemption from the federal Controlled Drugs and Substances Act to be able to legally operate the sites.

The Conservative Harper government is not friendly toward safe injection sites, but its effort to shut down Canada's only existing safe injection site, Vancouver's Insite, was rejected by the Supreme Court of Canada in September. The court held that shutting down Insite would violate drug users' rights to life, liberty, and security.

Montreal public health director Richard Lessard said that ruling "opened the door" for Montreal's proposal and that it was desperately needed.

"There is an abnormally high death rate among intravenous drug users in Montreal and an epidemic of infections of hepatitis and HIV," he said on Friday.

Lessard's report found that 68% of intravenous drug users in Montreal are infected with hepatitis C and 18% are infected with HIV. It also found fatal overdoses on the rise. While an average of 51 users overdosed each year between 2000 and 2005, an average of 72 users overdosed each year between 2006 and 2009.

"We are convinced -- and all the scientific studies back us up on this point -- that supervised injection sites do not create new problems," Lessard told The Montreal Gazette. "On the contrary, they reduce the problem of syringes found on the streets and in the parks, and they reduce the number of overdose deaths."

There are still obstacles to overcome, ranging from federal hostility to local NIMBYism, but if all goes well, Montreal could join Vancouver in providing safe injection sites as a public health measure by next year.

Montreal
Canada

Amnesty International Condemns Iran Drug Executions

Amnesty International has called on Iran to stop executing people for drug offenses, saying the Islamic Republic has embarked on "a killing spree of staggering proportions."

Afghan police guard the Iranian Embassy during January 2011 protests against Iranian executions of Afghans (wikimedia.org
In a new report, Addicted to Death: Executions for Drug Offenses in Iran, the London-based human rights group said "at least 488 people have been executed for alleged drug offenses so far in 2011, a nearly threefold increase on the 2009 figures, when Amnesty International recorded at least 166 executions for similar offenses."

Bordering Afghanistan and its bountiful opium poppy crop, Iran is burdened with one of the world's highest rates of opiate addiction and drug-related deaths. It is also a key transshipment point for Afghan opium and heroin bound for European markets.

"To try to contain their immense drug problem, the Iranian authorities have carried out a killing spree of staggering proportions, when there is no evidence that execution prevents drug smuggling any more effectively than imprisonment," said Amnesty's Interim Middle East and North Africa deputy director, Ann Harrison. "Drug offenses go much of the way to accounting for the steep rise in executions we have seen in the last 18 months," Harrison said.

Amnesty said it began to receive credible reports of a new wave of drug executions in the middle of 2010, including reports of mass executions at Vakilabad Prison in Mashhad, with one, on August 4, 2010, involving at least 89 people. While Iran officially acknowledged 253 executions in 2010, of which 172 were for drug offenses, Amnesty said it has credible reports of another 300 executions, "the vast majority believed to be for drug-related offenses."

"Ultimately, Iran must abolish the death penalty for all crimes, but stopping the practice of executing drug offenders, which violates international law, would as a first step cut the overall number significantly," said Harrison.

Iran maintains that the death penalty is critical for maintaining law and order and that it is applied only after scrupulous legal proceedings. But Amnesty said it had received credible reports of executions without trial, of confessions achieved by torture, and of failure to notify families -- or even inmates -- of impending execution. It said those executed tended to be poor or from minority groups or outside the country, and that some 4,000 Afghans were on death row for drug offenses.

Iran receives significant international support in its war on drugs. The UN Office on Drugs and Crime has provided $22 million since 2005 to support training for Iranian anti-drug forces, while the European Union is providing $12.3 million for an Iran-based project to strengthen regional anti-drug cooperation. Belgium, Denmark, France, Germany, Ireland, and Japan have all provided anti-drug assistance to Iran via UNODC programs.

The UNODC technical assistance program is supposed to include work to promote reforming the Iranian justice system to bring it in line with international standards. But when he visited Iran in July, UNODC executive director Yury Fedetov didn't mention the rising number of executions as he praised Iran's anti-drug efforts.

"All countries and international organizations helping the Iranian authorities arrest more people for alleged drugs offenses need to take a long hard look at the potential impact of that assistance and what they could do to stop this surge of executions," said Harrison. "They cannot simply look the other way while hundreds of impoverished people are killed each year without fair trials, many only learning their fates a few hours before their deaths."

Iran

Mexico Drug War Update

by Bernd Debusmann Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed around 40,000 people, including more than 15,000 last year. The increasing militarization of the drug war and the arrest or killing of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Wednesday, December 7

In Ciudad Juarez, a total of 13 people were murdered. This includes four (reported last week) that were killed when gunmen rammed and attacked an ambulance with automatic weapons.

In the Comarca Lagunera area (which encompasses the cities of Torreon, Gomez Palacio and Ciudad Lerdo) at least 10 people were murdered. Seven of the dead were discovered stuffed into a VW Jetta parked in an industrial park. One person -- reportedly a Gomez Palacio police woman -- was found alive in the car and taken to a local hospital.

In Ciudad Juarez, an active-duty US army soldier and two others were arrested after an armed robbery at a gas station. Authorities later said that they later took responsibility for the killings of four Ciudad Juarez police officers this year.

Thursday, December 8

In Ciudad Mier, Tamaulipas, President Calderon formally inaugurated a new military barracks. In late 2010, most of the city was abandoned after civilians fled intense fighting between the Zetas and Gulf Cartel. The new barracks can house up to 600 troops. The army has taken over police functions in the area to allow local police to recruit and train new members.

Friday, December 9

In Nogales, the army discovered a 50-yard long tunnel. It is unclear if the tunnel was completed on the American side of the border. One armed man was detained at the scene.

Saturday, December 10

In Valle Hermoso, Tamaulipas, 11 gunmen were killed in a fire fight with Mexican soldiers. One soldier was wounded in the exchange of gunfire, which began when troops on patrol came under fire from a building. Valle Hermoso is just south of the Texas border town of Brownsville.

Sunday, December 11

In Veracruz, the former mayor of the town of Ixhuacan de los Reyes and three relatives were gunned down during an attack on the family's business. Two weeks previously, a firefight between gunmen and the army left four people dead.

In the city of Veracruz, one person was killed and nine others wounded in a grenade attack on an underground cockfighting ring.

Monday, December 12

In Cordoba, Veracruz, marines captured a high-ranking Zeta member. Raul Lucio Hernandez Lechuga, "El Lucky" is a founding member of the Zetas and is thought to be the area boss for Veracruz, Puebla and Oaxaca. Authorities later said he was found to be in possession of a large arsenal of firearms totaling 169 guns as well as 29 grenades. One suspect was killed and a marine was wounded in the operation.

[Editor's Note: We have been conservatively estimating Mexican drug war deaths this year after El Universal quit publishing a box score. As of mid-November, we had estimated 8,100 deaths so far this year, but in light of new figures have revised that figure upward by about 3,000 deaths. Even that figure is an estimate, no more, until there is some official toll reported.]

Total Body Count for 2007 (approx.): 4,300

Total Body Count for 2008 (approx.): 5,400

Total Body Count for 2009 (approx.): 9,600

Total Body Count for 2010 (official): 15,273

Total Body Count for 2011 (approx.): 11,600

TOTAL: > 45,000

Mexico

Basque Country to Legalize, Regulate Marijuana

The parliament of Spain's Basque Country Autonomous Community will approve a new drug law early next year that will regulate marijuana cultivation, distribution, and consumption, EFE reported Tuesday.

the Basque parliament in Vitoria-Gasteiz (wikimedia.org)
The Basque Country Autonomous Community is charged with setting and enforcing domestic law within its borders in northeastern Spain. If the bill passes, it would mark a direct challenge to the United Nations' 1961 Single Convention on Narcotic Drugs, which forbids legalization.

"It's better to regulate than to ban," said Jesus Maria Fernandez, second in command at the region's health authority. Regulating "the growing, sale, and consumption of cannabis" is a better approach to pot smoking, he said, calling it "a practice that is already consolidated."

Regional health authority head Rafael Bengoa echoed his subordinate's words. "We do not want to be prohibitionists," he said. Bengoa added that "technical and legal studies have been undertaken" and that the regional government wants to "open a debate" with groups representing marijuana users to help "shape their rights."

The pending bill also includes measures for prevention and treatment not only of drug addiction, but also addictions to gambling and new technologies.

Vitoria-Gasteiz
Spain

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