Politics Outside US

Brussels, 4 March 2010 To: Yang Amat Berhormat Dato’ Sri Mohd Najib Bin Tun Abdul Razak Prime Minister of Malaysia Dear Excellency, Today we write to you as European citizens concerned with the impact of global drug policies, with an urgent request. We believe the death sentence that is applied to drug law offenders in Malaysia is an inappropriate measure, and would like to offer you our collaboration in identifying better solutions to the drug problems in your country. With certain regularity, reports appear in the Malaysian press on people being sentenced to death for the possession of illegal drugs, including cannabis. The exact number of those who are actually brought to death remains unknown. Human rights organisations estimate that currently some 300 convicted prisoners await execution on death row, most of them for drug-related offences. These sentences clearly violate international standards for a fair trial. The presumption of guilt and the mandatory death sentence in drug cases places the charge on the accused to prove his or her innocence and leaves a judge with no discretion over the sentence. Competent legal assistance is unavailable to many of those people, leaving them with little capacity to mount a defence at any stage of the proceedings. UN human rights bodies have concluded that drug offences fail to meet the condition of “most serious crime”, under which the death penalty is allowed as an “exceptional measure”. We are aware of the argument that drugs cause problems in Malaysian society. However, we doubt that these problems will be solved by harsh punishments, let alone executions of drug offenders. Malaysia, like any other country in the world, is not and never will be 100 % drug-free. As long as people in Malaysia want to consume drugs, other people will continue to supply them. Because of the fact that drugs are prohibited, drug trafficking is the core business of criminal organizations that in most cases operate internationally. The people who are occasionally caught by authorities with relatively small amounts do not have major responsibilities in this business. Killing them will not scare the drug gangs away. On the contrary: thanks to these harsh punishments, the leaders in the drug business can continue to justify extraordinary high prices for their goods,. Thus it maintains a vicious circle of violence and danger. On the other hand, it is important to make a serious assessment of the problems that drugs may or may not cause. Cannabis for instance is a plant, a natural product, a non-lethal substance. Its consumption has been widespread around the world for thousands of years among many different cultures and people. All these people do not use cannabis because it endangers their health or wellbeing, but rather because they experience the opposite. According to increasing amounts of scientific evidence, the so-called dangerousness of cannabis has been largely exaggerated and driven by moral in stead of rational considerations. The prohibition of cannabis was installed and promoted worldwide by Western countries, especially the USA, during a period in which they dominated the world. Meanwhile, in most European countries, cannabis possession for personal consumption is not penalised anymore. In a growing number of states in the USA, major law changes are taking place that legally regulate the cultivation and distribution of cannabis to adults for medicinal purposes. It would be extremely sad to see Malaysia continue executing people found in possession of cannabis, while the countries that have installed its prohibition have come to the insight that this is a useful substance whose consumption can be perfectly integrated in society. In Europe, during the past decades, we have been able to compare the results of different, sometimes opposing drug policies in societies that are similar in demographical, material and socio-cultural development. The conclusion is that drug policies, whether they are repressive or flexible, have a very minor impact on the drug phenomenon itself. In countries where authorities are relatively tolerant, the use of drugs may be lower than in neighboring countries where policies are more repressive. Another conclusion is that drugs-related harms can only be reduced by effective social and health policies. Innovative strategies for reaching out to the affected population and reducing the harms related to drug use are needed. The harsh implementation of drug law enforcement is an impediment to the introduction of these strategies. For these reasons, we are convinced that the death penalty is actually counterproductive to efforts to reduce the harm caused by drugs. We call upon your wisdom to apply principles of sound governance and let Malaysia join the majority of nations by declaring a moratorium on executions with a view to total abolition of all death sentences for drug offenses, as called for by the United Nations. We offer you our kind co-operation in transmitting knowledge and experience of public health policies that have proven effective in addressing drug-related problems. Sincerely yours, Marisa Felicissimo, Fredrick Polak, Jorge Roque and Antonio Escobar Members of the Steering Committee of the European Coalition for Just and Effective Drug Policies

Save Our Shrooms ( www.saveourshrooms.org) website launched! This week international non-profit organization "Save Our Shrooms" has opened it's gates to relegalize the Magic Mushroom in the Netherlands, which were banned last december. The organization is a spin-off of the Dutch Smartshop Organization ( www.VLOS.nl). They will not rest until the VLOS wins the courtcase against the state, through higher appeals. That will happen sooner or later; it started in the Dutch court and will not stop untill it reaches the European Court. The mission to protect the Dutch psychedelic liberty is widely respected over the globe. They count on you too! How do they reach their goal? 1) Raising money to help the VLOS in their legal battle to fight the recent ban on shrooms. In fact, all donations will be send to the VLOS directly (no matter if you pay via Paypal, Bank and/or Cheque). A lawyer is very expensive. In contradiction to the VLOS, the government has unlimited funds. 2) Broadcasting the latest news and backgrounds on Magic Mushrooms and the legal battle. Important documents (such as courtcases and news articles) have been translated from Dutch to English by specialized agencies, and research will be funded. This way they can present you with a deep insight of the battle. 3) Getting people involved through social networking and remixing ideas on the website, to broaden horizons and strengthening our power. How can you help? 1) Make the network grow by forwarding the mission via email and other ways you can think of. 2) Volunteer; though brain- and/or muscle power. ...discuss with eachother and us, and read all about the options on the website. Saveourshrooms.org will save the Dutch Magic Mushrooms. Get informed, get involved!

[Courtesy of ENCOD] THE HAGUE, 3 December 2008 - Yesterday the Cannabis Tribunal in The Hague ended with the final conclusion that a ban on cannabis does indeed have more disadvantages than advantages. Representatives of the Christian Democrat Party (CDA) failed to convince an independent judge of the opposite. On behalf of the organisers, Joep Oomen, spokesperson, launched a call to the Members of the Dutch Parliament to request the Dutch government to abolish this ban as soon as possible. An amount of 200.000 euro had been offered to the political party that would be able to convince an independent court of the positive effects of a ban on cannabis. The organisers had difficulties in finding people in favour of the ban. Oomen: “There is no doctor in the Netherlands who is willing to maintain that cannabis is a major public health danger and a ban has any positive effect at all.” Of all political parties only the CDA was willing to accept the challenge. Both mayor Leonard Geluk of Rotterdam as well as Member of Parliament Cisca Joldersma have proposed to further limit the number of coffeeshops. Argumentation expert and law philosopher Hendrik Kaptein, chairman of the court that was created for this purpose, demolished the defense of the Christian Democrats. Before an audience of scientists, former policemen, coffeeshop owners and cannabis activists he called their arguments ‘fallacies’ and ‘absolutely worthless’. The court could not find any argument against the plea for legalisation of the cannabis market proposed by Hans van Duijn, former president of the Dutch Police Association and a member of LEAP. According to Van Duijn, the CDA ­ due to the continuation of the ban on cannabis - is responsible for 50% of the criminality in the Netherlands, and every year, one and a half billion euro of tax money is wasted on a useless war on drugs. No attempt to contradict either argument was made by Joldersma. Soon a DVD will be produced of the Tribunal’s proceedings that were broadcast live on the Internet. The final declaration that was offered to the Members of the Dutch Parliament can be read at www.cannabistribunaal.nl. The Cannabis Tribunal was organised by Cannabis College, the Stichting Drugsbeleid and Encod.

Dutch MP Boris van der Ham buys a bag of weed of the "regulated market" A glance of the future after the ban on cannabis has been abolished On Thursday 27 November, at 09.15 hs, Dutch Member of Parliament of left liberal party D66 will buy a bag of cannabis at coffeeshop "Cremers ", Prinsestraat 84 in The Hague. The owner of this coffeeshop, Gerard Smit, will provide him with this bag and inform him extensively on the origin of this cannabis, the methods of cultivation, the effects of it and the way in which the price has been determined. In this way it becomes clear how the cannabis market could be regulated in the future, when the ban on cannabis cultivation has been abolished. Coffeeshops could then get their cannabis in a legal way from growers who would spend attention to quality and public health aspects. Before buying his product, the customer can be fully informed on the exact and expected effects of the substance. The visit of Boris van der Ham to coffeeshop Cremers takes place in the framework of the Cannabis Tribunal , that takes place on Monday 1 and Tuesday 2 December in Nieuwspoort, The Hague. This tribunal deals with the question what should be the direction of Dutch lenient cannabis policy, that allows sale of personal quantities to adult persons in coffeeshops, but bans the cultivation of cannabis, for example to provide these shops. The press is very welcome to attend this visit. For more details, please contact the organisers. The press release is sent by: Encod: Joep Oomen, email: [email protected]. Stichting Drugsbeleid: Freek Polak, email: [email protected] Cannabis College: Job Joris Arnold, email: [email protected]

[Courtesy of The European Coalition for Just and Effective Drug Policies] The Hague, 13 November 2008 - Three organisations that advocate for the emancipation of the use of the cannabis plant will present the first Netherlands Cannabis Tribunal, to be held on December 1st and 2nd in Nieuwspoort, the International Press Centre in The Hague. To conclude the first day of hearings, a debate on Dutch cannabis policies will be moderated by Frans Weisglas, former speaker of the Dutch Parliament. The three government ministers responsible for Dutch drug policy have been invited to this political debate, to defend current cannabis policies. They are: Guusje ter Horst (PvdA) of Home Affairs, Ernst Hirsch Ballin (CDA) of Justice and Ab Klink (CDA) of Public Health. Spokespersons on drug policy from the Dutch Parliament have also been requested to make a contribution to this debate. The Cannabis Tribunal is being organised by Cannabis College, the Dutch Drug Policy Foundation and Encod, the European Coalition for Just and Effective Drug Policies. During the debate they will challenge all Dutch MP's to provide conclusive evidence in opposition to the proposition: The ban on cannabis has more negative than positive effects. The political party that succeeds in providing such proof will receive an award of 200.000 euros. The reason for organising the Tribunal is the fact that, more than thirty years after the introduction of liberal cannabis policies in the Netherlands, a drastic reform is urgently needed. During past years, many representatives of municipalities, police, justice, community organisations and involved citizens have called for a renewal of policy regarding cannabis in the Netherlands. This may be total prohibition or legalisation, as long as the law is clear. In the mean time, government and parliament have repeatedly postponed a decision on the subject. The Cannabis Tribunal wants to find out the reasons for this inaction and delay. The events of past weeks confirm this tendency. Early in November, the city councils of Roosendaal and Bergen op Zoom (close to the Belgian border) announced their decision to close down all coffeeshops in their cities. Lord Mayor Leers of Maastricht then called for a National Cannabis Summit in order to agree on a coordinated policy in the frontier region. Saturday November 8th the political leader of the Christian Democrat Party (CDA), Mr. Pieter van Geel, said that all coffeeshops in the Netherlands should be closed. Lord Mayor Van Gijzel of Eindhoven then replied saying he wanted more coffeeshops in the region, and that they should be provided with cannabis through legal channels. The organisers of the Cannabis Tribunal propose that politicians should live up to their responsibilities of office. 'Whoever calls for a total ban on cannabis must show that this would lead to a benefit for Dutch society as a whole. If Mr. Pieter van Geel can prove that a ban is the best solution, then let him do this at the Tribunal. An amount of 200.000 euros is waiting for him. If he refuses to respond to the challenge, then by default he obviously must agree with our proposition", says Joep Oomen, spokesperson of the Cannabis Tribunal. Programme of the Cannabis Tribunal Monday December 1st The Cannabis Tribunal will kick off with a series of hearings. In each of them, two experts will present opposing testimony on a given issue. In chronological order, the topics to be discussed will be: Health aspects of cannabis, the coffeeshops, the role of the media, the moral justification of the ban on cannabis. Law philosopher Hendrik Kaptein of the Leiden University will be moderator and judge for these hearings at the Cannabis Tribunal. At the end of the first day of hearings, there will be a concluding debate moderated by Frans Weisglas. Tuesday, December 2nd The morning programme will deal with the image of Dutch cannabis policy abroad. The promise of industrial applications of the hemp plant for paper, food, textiles and fuel will also be dealt with. From 12.30 to 13.30 the organisers will present the conclusions of the Cannabis Tribunal at a press conference in Nieuwspoort. Subsequently, these conclusions will also be presented to the members of the Dutch parliament. The working language is Dutch. Links: www.cannabistribunaal.nl www.encod.org www.drugsbeleid.nl www.cannabiscollege.com

For Immediate Release: October 3, 2008 For More Info: Tony Newman (646)335-5384 or Ethan Nadelmann (646)335-2240 Mexican President Proposes Decriminalizing Small Amounts of Some Drugs, Including Marijuana and Cocaine despite U.S. Opposition New Law Would Prioritize Going after Major Drug Dealers and Violent Crime, not People who Use Drugs International Drug Policy Expert Ethan Nadelmann Available for Comment on Significance and Impact of Proposal President Felipe Calderon on Thursday proposed decriminalizing small amounts of some drugs, including cocaine and marijuana. The legislation would offer treatment instead of incarceration for people who are struggling with drug addiction. A recent survey found that the number of Mexicans addicted to drugs doubled in the past six years to more than 300,000. President Calderon has made a crackdown on Mexico’s drug cartels a cornerstone of his administration since taking office. He has sent 30,000 troops around the country to try to stop the violence. But armed attacks and executions have only increased with more than 3,000 people dying from violence related to drug prohibition this year alone. The United States is already criticizing the new proposal. One official who did not want to be identified said they oppose the policy because it “rewards the drug traffickers and doesn’t make children’s lives safer.” Mexico’s Congress passed a similar decriminalization bill in 2006, but the bill was eventually dropped because of U.S. opposition and pressure. Statement from Ethan Nadelmann, executive director of the Drug Policy Alliance (see description below). “President Calderon’s proposal to decriminalize personal possession of illicit drugs is consistent with the broader trend throughout Western Europe, Canada and other parts of Latin America to stop treating drug use and possession as a criminal problem. But it contrasts sharply with the United States, where arrests for marijuana possession hit a record high last year – roughly 800,000 annually – and now represent nearly half of all drug arrests nationwide. “Mexico is trying to make the right choices on law enforcement priorities; it’s time for the United States to do the same,” said Ethan Nadelmann, executive director of the Drug Policy Alliance. “The White House Drug Czar John P. Walters should think twice before criticizing a foreign government for its drug policy, much less holding the United States out as a model. Looking to the United States as a role model for drug control is like looking to apartheid South Africa for how to deal with race. This country leads the world in per-capita incarceration rates, with less than five percent of the world’s population but almost 25 percent of the world’s prisoners. About 500,000 people are in U.S. prisons and jails today simply for violating a drug law; that's almost 10 times the total in 1980,” said Nadelmann.

[Courtesy of The European Coalition for Just and Effective Drug Policies] At http://www.encod.org/info/EU-COMMISSION-ANNOUNCES-NEW-ACTION.html you can now find all versions of the new EU Action Plan on Drugs. The five main priorities of the new Action Plan include reducing the demand for drugs and raising public awareness, mobilising European citizens, reducing the supply of drugs, improving international cooperation and facilitating a better understanding of the drug phenomenon. Actions proposed include measures to improve the quality, availability and coverage of treatment and harm reduction programmes for drug users and the establishment of intelligence-led police and customs operations to counter large-scale organised crime groups both in the EU and on the drug trafficking routes from Afghanistan and Latin America. The EU Drugs Action Plan 2009-2012 will be presented to the Council and is expected to be adopted before the end of the year.

I had an appointment today with Lismore police, Area Commander Bluey Lyons, Crime Manager Stephen Clark, and the applicant, Detective Sargent Michael Smith who is threatening the Museum’s landlord with the Restricted Premises Act 1943. It was agreed that we had common ground in that we all wanted “a Nimbin where mums and dads can walk with their kiddies without seeing any drug dealing” (Bluey’s words). The mutual understanding finished there though, because we had entirely different approaches to achieving that. I think we need regulated cannabis cafes or a cannabis market place, and an attitude that drug use is a health issue. The police believe in the war on drugs despite making no impact, or even going backwards, with street cameras live to their police station in Nimbin and nine permanent officers in the tiny village. As we have warned from Nimbin for over a decade, the increased policing of easy to bust cannabis has helped create a new illegal pharmaceutical drug industry with an unending supply of almost invisible, odourless pills with no quality control. At least with organic outdoor grown cannabis which Nimbin is famous for you know what you’re getting. I also talked to the landlord of the Museum today. I expect an eviction letter soon giving me one month’s notice. The police appear to have made this conditional if the landlord wants to avoid court and potential costs. They are also asking that the new tenants of the Museum building install surveillance cameras covering every room and the extensive back yard. Police want access to this footage at any time, perhaps if it was all live on the net they would be satisfied. It makes little sense even when you realize this discussion with the Crown Prosecutor, is happening in Sydney where the Museum landlord lives. He has never been to Nimbin. If the community is keen enough for the Museum to stay alive, we may find a willing taker but it is very disappointing we had no say in any discussions, because after all we do by far the majority of the police work in the village which resembles a refugee camp from the war on drugs. In fact the feeling in town is that closing the Museum will do little to stop any drug dealing but have a major impact on tourism. And anyway, if they can’t keep drug dealing out of jails, which are surely on CCTV, how can we be expected to? Further info Michael at the Museum 6689 1123 or home 6689 7525

MEDIA RELEASE: NIMBIN MUSEUM FRIDAY, AUG 29 NIMBIN MUSEUM OFFERS TO CLOSE FOR A MONTH TO ASSIST POLICE The Nimbin Museum is a cultural icon in the tiny Northern NSW village inland from Byron Bay, internationally famous for its alternative culture. Police have put the squeeze on the Museum’s landlord to evict the curator Michael Balderstone because of drug supply on the premises. He says in response to the threat of the Museum closure, “We offer to close the Museum for a month to see what difference it makes to drug dealing in the village. It is offensive for police to suggest we haven’t tried our hardest to keep dealing out of the Museum since we began here over twenty years ago. It has been an impossible chore and caused more than one nervous breakdown for Museum volunteers. We have never stopped policing the dealing and extremely difficult behaviour associated with it, in and around the Museum, as the police themselves are rarely here. The many police I have had to work with for two decades all know how much I and the Museum volunteers have tried to stop drug dealing in the Museum.” “In the month we are closed I ask that artists be allowed to work inside to restore some of the damage done to exhibits by the young, disrespectful, alienated, angry and paranoid youth who risk jail daily in Nimbin just to sell a bit of pot. Why?” Elspeth Jones, almost a resident artist and exhausted dealer ‘thrower outerer’ says, “The Museum is a gathering place for the community. Every day we welcome many people to the Museum, both visitors and locals. Our youth, young children with ever extending families and their elders share tables, pots of tea and good conversation with people from all over the world. It is really a place for cultural exchange, education and for breaking down barriers. It has become such a popular attraction because visitors ultimately want to see a place where the locals are getting on with their lives, where they can meet with the people who make Nimbin such a colourful and different place and feel part of it. They see Nimbin warts and all, and mostly love it”. “We aim to maintain a friendly atmosphere inside, and have never denied entry to the police. They become in a way part of it, we have on display the ins and outs of prohibition to all. Visitors can see for themselves that the war on drugs is futile, and our endeavours to curb the dealing around the Museum and indeed throughout Nimbin have been as successful as the war on drugs world wide.”, said Elspeth “The permanent closure of the Museum would create a huge gap in village life, scattering and diluting the alternative and indiginous culture here even further. We would be cutting off our nose to spite our face, creating a dull “Everytown” where tourists eat and leave none the wiser.” Further information 66891123 or after hours 66897525 www.nimbinmuseum.com

Good morning, I am reaching out this morning to my broad network of friends, family, and colleagues and asking that you consider signing onto the attached petition to the Government of Iran on behalf of Drs. Kamiar Alaei and Arash Alaei, physician brothers who have been working on HIV and drug use in Iran for many years. They have been detained without any charges by Iranian security forces since late June. We are concerned that their detainment may be related to their harm reduction work and leadership. The petition calls on the government of Iran to either charge or immediately release them. Please consider signing PHR's petition and let me know if you would like me to keep you informed of progress in the case. The petition is online at http://actnow-phr.org/campaign/iran_free_the_docs. Thank you. Paola Paola Barahona, MPH Global Health Policy Associate Physicians for Human Rights 1156 15th Street NW, Suite 1001 Washington, DC 20005 (202) 728-5335 (ext.300) [email protected] www.HealthActionAIDS.org www.physiciansforhumanrights.org 20 years of advancing health, dignity and justice