Death Penalty

The Hamas government running the Gaza Strip has adopted a law that allows for the death penalty for drug dealing. The move came Monday with a Hamas decision to cancel Israeli military laws on drugs and replace them with Egyptian drug laws. "The government has approved a decision to cancel the Zionist (Israeli) military law with regard to drugs and enact Egyptian law 19 of 1962," Gaza Attorney General Mohammed Abed said in a statement. "The latter law is more comprehensive in terms of crime and criminals and the penalties more advanced, including life sentences and execution. The Zionist law included light punishments that encouraged rather than deterred those who take and trade in drugs, and there is no objective, national or moral justification for continuing to apply it," Abed said. The Egyptian drug law will remain in effect until the Palestinian parliament passes a new drug law. But the parliament has only met rarely since elections in 2006. The Gaza Strip was administered by Egypt from 1948 to 1967, when Israel seized the territory, along with several others, during the Six-Day War. Israel withdrew its soldiers and settlers from the territory in 2005, when it was under the control of the secular Fatah Party of Palestinian President Mahmud Abbas. But Hamas unexpectedly defeated Fatah in Gaza elections in the 2006 elections and consolidated its power in a bloody factional struggle with Fatah the following year. Because of an ongoing Israeli blockade, most goods, including illicit ones, imported into Gaza are smuggled in, primarily through a network of tunnels on the Egyptian border. But Hamas has cracked down on drug trafficking and drug traffickers, claiming more than 100 arrests, and the seizure of dozens of kilograms of drugs, mostly marijuana.

In a meeting in Bangkok last weekend, more than two dozen drug users from nine different countries came together to put the finishing touches on the creation of a new drug user advocacy organization, the Asian Network of People who Use Drugs (ANPUD). The Bangkok meeting was the culmination of a two-year process began at a meeting of the International Congress on AIDS in Asia and the Pacific in Colombo, Sri Lanka, in 2007, and resulted in creating a constitution and selecting a steering committee for the new group. ANPUD adopts the principles of MIPUD (Meaningful Involvement of People who Use Drugs), and in doing so, aligns itself with other drug user advocacy groups, including the International Network of People who Use Drugs (INPUD), of which ANPUD is an independent affiliate, the Australian Injection and Illicit Drug Users League (AIVL),the Vancouver Area Network of Drug Users, and the Nothing About Us Without Us movement. ANPUD currently has more than 150 members and sees its mission to advocate for the rights of drug users and communities before national governments and the international community. There is plenty to do. Asia has the largest number of drug users in the world, but is, for the most part, woefully retrograde on drug policy issues. Not only do drug users face harsh criminal sanctions—up to and including the death penalty—but Asian has the lowest coverage of harm reduction services in the world. Access to harm reduction programs, such as needle exchanges and opioid maintenance therapy, is extremely limited. "People who use drugs are stigmatized, criminalized and abused in every country in Asia," said Jimmy Dorabjee, a key figure in the formation of ANPUD. "Our human rights are violated and we have little in the way of health services to stay alive. If governments do not see people who use drugs, hear us and talk to us, they will continue to ignore us." The Director of the UNAIDS Regional Support Team, Dr. Prasada Rao, spoke of the urgent need to engage with drug user networks and offered his support to ANPUD, saying that "For UNAIDS, HIV prevention among drug users is a key priority at the global level," said Dr. Prasada Rao, director of the UNAIDS Regional Support Team. "I am very pleased today to be here to see ANPUD being shaped into an organization that will play a key role in Asia's HIV response. It is critical that we are able to more effectively involve the voices of Asian people who use drugs in the scaling up of HIV prevention services across Asia." "When I go back home, I am now responsible for sharing the experiences with the 250 or so drug users who are actively advocating for better services at the national level," said Nepalese drug user and newly elected steering committee member Ekta Thapa Mahat. "It will be a great way for us to work together and help build the capacity of people who use drugs in Asia." "The results of the meeting exceeded my expectations," said Ele Morrison, program manager for AVIL's Regional Partnership Project. "The participants set ambitious goals for themselves and they have achieved a lot in just two days to set up this new organization. The building blocks for genuine ownership by people who use drugs is definitely there." While the meetings leading to the formation were organized and managed by drug users, the process received financial support from the World Health Organization, the UNAIDS Regional Task Force, and AIVL.

After four years of debate, Indonesia’s parliament passed a new drug law Monday. It was immediately criticized by reformers on numerous counts. The new law maintains the death penalty for some drug offenses, criminalizes drug addiction, and makes it a crime for parents to fail to report their addicted children to authorities. The law also transfers responsibility for fighting drug trafficking from the government to civil society. "The drugs law will save our children and young generation. It will be essential in the fight against drug trafficking,” said Minister for Law and Human Rights Andi Mattalatta after the bill was passed. “Currently, drug dealing is not only conducted by individuals but by drugs syndicates that operate neatly," But the Indonesian Coalition for Drug Policy Reform (ICDPR) begged to differ. “This law classifies drug addicts as criminals and therefore subjects them to criminal charges, while doctors have said that drug addiction is a curable disease,” Asmin Francisca, the group’s coordinator told reporters outside parliament’s plenary session hall. “The law should have recognized that a proper solution to drug addiction is to empower drug addicts, not to punish them as criminals.” Asmin warned that the article in the law transferring responsibility for fighting trafficking from the government to civil society could lead to vigilante justice. “The article, however, does not clearly elaborate on what kind of civil participation is needed to fight the war against drug trafficking,” she said. “Without clear regulations, the law is open to many forms of exploitation by civil groups, including acts of vigilantism.” Asmin also condemned the retention of the death penalty for some drug offenses. “Death penalties are not in line with the purpose of modern criminal charges that aim to rehabilitate a person rather than punish them for their actions,” she said. “Basically, I believe this law is not in line with the basic principles of human rights.” According to the Indonesian National Narcotics Agency’s extremely precise figures, there are 27,000 drug users in the country, including 12,689 aged 30 or older, 6,790 between 25 and 29, 5,720 between 20 and 24, 1,747 between 16 and 19, and 109 users under the age of 16.

Yesterday was the UN Office on Drugs and Crime (UNODC) annual International Day Against Drug Abuse and Illicit Trafficking. Most countries that actually observe the day (mainly in the Middle East, Africa, and Asia), generally celebrate it by burning piles of drugs and holding propagandistic anti-drug events. But China really knows how to put on an anti-drug day show. Every year, it executes drug offenders on anti-drug day. This year was little different, as this headline indicates: China Approves Death Penalty for Seven Drug Traffickers:

BEIJING, June 25 (Xinhua) -- The Supreme People's Court (SPC) on Monday announced its approval of the death penalty for seven drug traffickers, a day before the International Day Against Drug Abuse and Illicit Trafficking. Gao Guijun, presiding judge of the Fifth Criminal Court under the Supreme People's Court, said that since the SPC took back the power of review over the death penalty on Jan. 1, the SPC had strictly examined death penalty cases involving drug trafficking. "Our approval of the death penalty regarding drug trafficking could stand the test of history," said Gao. Ni Shouming, the SPC's spokesman, reiterated the court's resolute stance on fighting drug trafficking, saying the court would show no leniency in handing down heavy penalties to the kingpins of drug trafficking gangs and those who participate in cross-border drug crimes.

No word yet on whether China actually executed any drug offenders yesterday, but stay tuned--I will be writing a feature article on this annual exercise for this week's Chronicle. In the meantime, happy UN anti-drug day, y'all.

On Friday I posted a piece on China's use of the death penalty for drug offenses, criticizing the UN, and secondarily the US, for programs that I believe are inadvertently feeding into this. My criticism of the US related to a drug enforcement cooperation agreement with China that was put in place in 2000 by then-Director of the Office of National Drug Control Policy (ONDCP) Barry McCaffrey. I got an email over the weekend from Bob Weiner, who served as ONDCP's Director of Public Affairs from 1995-2001, submitting these comments for the blog:

David, Saw your piece… The arrangement with China never was intended to mandate or magnify their death penalty -- they are choosing their own enforcement tools, which as so many human rights abuses in China are excessive. The arrangement—and I was there and organized the news conference with US (including Gen. McCaffrey) and Chinese officials—was simply to get them to agree with us in enforcing international drug laws and treaties. What we saw there, including thousands of people in treatment factories but not getting real treatment, and the unbridled flow of methamphetamine and opium, was unconscionable.