News Brief

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.

The Texas district attorney accused of participating in an egregious asset forfeiture scheme in the East Texas town of Tenaha now wants to use the very cash seized to pay for her legal defense in a federal civil rights lawsuit filed by victims of the practice. The ACLU of Texas, which, along with the national ACLU, is representing the plaintiffs in the case, filed a brief last Friday with the Texas Attorney General's office seeking to block her from doing so. Lynda Russell is the district attorney in Shelby County, where Tenaha is located. She is accused of participating in a scheme where Tenaha police pulled over mostly African-American motorists without cause, asked them if they were carrying cash, and if they were, threaten them with being immediately jailed for money laundering or other serious crimes unless they signed over their money to authorities. Representing a number of victims, attorneys from the ACLU of Texas and the ACLU Racial Justice Project filed a civil lawsuit in federal court in June 2008. According to the suit, more than 140 people, almost all of whom were African-American, turned over their assets to police without cause and under duress between June 2006 and June 2008. If a federal judge agrees that assets were in fact illegally seized, they should be returned to their rightful owners, whose civil rights were violated. In one case, a mixed race couple, Jennifer Boatwright and Ronald Henderson, were stopped by a Tenaha police officer in April 2007. According to the lawsuit, they were stopped without cause, detained for some time without cause, and asked if they were carrying any cash. When they admitted they had slightly more than $6,000, a district attorney's investigator then seized it, threatening them with arrest for money laundering and the loss of their children if they refused to sign off. There was never any evidence they had committed a crime, and they were never charged with a crime. The town mayor, the DA, the DA's investigator, the town marshal, and a town constable are all named in the lawsuit. While they claim to have acted legally under Texas asset forfeiture law, the lawsuit argues that "although they were taken under color of state law, their actions constitute abuse of authority." The suit argues that the racially discriminatory pattern of stops and searches violated both the Fourth Amendment proscription of warrantless searches and the Fourteenth Amendment's due process clause. While either the county or the state would normally be expected to pony up for the DA's legal expenses for a lawsuit filed as a result of her performance of her duties, neither has done so. That's why Russell—with a tin ear for irony—requested that she be allowed to use the allegedly illegally seized money stolen from motorists. She has asked the state attorney general's office for an opinion on whether using the funds for her defense violates the state's asset forfeiture law. "It would be completely inappropriate for the district attorney to use assets which are the very subject of litigation charging her with participating in allegedly illegal activity to defend herself against these charges," said Lisa Graybill, legal director at the ACLU of Texas. "Texas has a long history of having its law enforcement officials unconstitutionally target racial minorities in the flawed and failed war on drugs and it is of paramount importance that those officials be held accountable." "The government must account for the misconduct of officials who operate in its name," said Vanita Gupta, staff attorney with the ACLU Racial Justice Program, who represented African-American residents of Tulia, TX in high-profile litigation challenging their wrongful convictions on drug charges. "The state of Texas has seen egregious examples of racial profiling that result from poor oversight of criminal justice officials." The ACLU of Texas is using the Tenaha case to push for asset forfeiture reform in the Lone Star State. One such bill stalled in the state legislature this year. "The misuse of asset forfeiture laws by local officials is exacerbated by inadequate oversight," said Matt Simpson, policy strategist for the group. "The legislature must squarely address these reported civil rights violations via reform of forfeiture laws that strengthen protection against unconstitutional conduct and racial profiling."

The British Home Office announced Tuesday that it is planning to ban several "legal highs," including "Spice," the club drug GBL, and the stimulant drug BZP. The substances will be added to the British list of controlled substances by year's end, said Home Secretary Alan Johnson. "There is a perception that many of the so called 'legal highs' are harmless, however in some cases people can be ingesting dangerous industrial fluids or smoking chemicals that can be even more harmful than cannabis," said Johnson. "Legal highs are an emerging threat, particularly to young people, and we have a duty to educate them about the dangers." "Spice" is a sort of synthetic cannabinoid which is currently sold legally as a spray to apply to herbal cigarettes. It has already been banned in France and Germany. It will become a Class B drug--in the middle tier of the British classification scheme--like amphetamines or marijuana. GBL (Gamma-butyrolactone) and a similar chemical, which are converted in to the Class C drug GHB (gamma-hydroxybutyrate) in the body and often used as weekend party drugs, will become Class C drugs, the least serious drug classification. So will BZP (Benzylpiperazine) and related piperazines, which are stimulants taken as an alternative to amphetamine. Under Britain's Misuse of Drugs Act of 1971, possession of Class C drugs can earn up to two years in prison, while possession of Class B drugs can earn up to five years. Dealing in either Class B or Class C drugs is punishable by up to 14 years in prison. The Home Office has announced an education campaign around these newly classified substances. It is set to start at the beginning of the school year next month.

by Bernd Debusmann Jr. Mexican drug trafficking organizations make billions each year trafficking illegal 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 over 12,000 people, with a death toll of over 4,000 so far in 2009. The increasing militarization of the drug war and the arrest of several 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: Friday, August 21 - The mother and brother of the reputed head of the La Familia drug cartel were arrested by Mexican authorities. This came despite explicit threats on television last month by Servando Gomez, the cartel boss, that any action against his family would bring retaliation. Gomez’s mother, Maria Teresa Martinez, was released two days after her arrest because of a lack of evidence. The brother, Luis Felipe Gomez Martinez, is still being held. -43 Mexicans were indicted by federal courts in Chicago and Brooklyn. The indictments, unsealed Thursday , charge the 43 Mexicans with operating a coast-to-coast distribution network through which drugs and money have flowed for the last 20 years. The three most high profile suspects--Joaquín Guzmán Loera, Ismael Zambada García and Arturo Beltrán Leyva-- are the current and former leaders of the Sinaloa cartel, although Beltran Leyva now operates his own, independent organization. 35 of the 43 suspects remain at large, while the other eight were arrested during the last week in Chicago and Atlanta. Saturday, August 22 -The Mexican government decriminalized small amounts of marijuana, cocaine, heroin and meth. Under the new laws, people are now allowed to have 5 grams of marijuana, 50 mg of heroin, half a gram of cocaine, and 40 mg of meth. Mexican prosecutors believe that the new law will help in the war against drug cartels by allowing federal prosecutors to focus on combating large-scale traffickers and distributors rather than small-time users. This change in policy comes at a time when drug cartels are selling an increasingly large number of drugs domestically. A 2008 government study found that the number of drug addicts in Mexico had almost tripled in the past six years. -In Ciudad Juarez gunmen killed a Mexican army officer and another man in a bowling alley. Gunmen entered the Bol-Bol bowling alley and gunned down Captain Alejandro Aranda and an unidentified companion late on Friday night. Aranda was an administrator of a dining hall in a Ciudad Juarez military facility. Also, in Tijuana, three police officers were wounded when their patrol cars came under fire from suspected cartel gunmen. Monday, August 24 -The Mexican Army announced on Monday that it captured a leading member of the La Familia drug cartel in the Pacific coast city of Manzanillo. Luis Ricardo Magana, also known by the alias “19 1/2” (traffickers frequently use numerical codenames), is alleged to be responsible for the cartels shipments of methamphetamine to the United States. He is one of Mexico’s most wanted fugitives and is also thought to be involved in the planning of retaliatory attacks on federal police agents. Also on Monday, in the state of Sinaloa, a cooler containing four severed heads was found by the side of rural road. The headless bodies were found some 3 miles away. -16 people were killed during a 24-hour period in Ciudad Juarez. Among the victims was a police officer who wanted to resign after having previously received unspecified threats. In a separate incident, a group of heavily armed gunmen shot and killed a 15-year-old boy outside his home. The 16 killed now bring the death toll in Ciudad Juarez for the year over 1,100 killed. Tuesday, August 25 -Another 29 people were killed in drug-related violence across Mexico during a 24-hour period. Among the victims were a police commander and two of his officers in Nayarit who were killed when the car in which they were traveling was attacked by gunmen wielding automatic weapons. In Gomez Palacio, Durango two prison guards were found dead, while, in a separate incident, gunmen attacked a couple. The man died while the woman was left in serious condition. In Nogales, a cooler containing a dismembered human body was left at the entrance to a technical university. Additionally, six individuals were killed in Ciudad Juarez, three bodies were found at a ranch in Sonora, four people were murdered in Guerrero, and parts of nine human bodies were found across Sinaloa. -Recent court documents examined by the Houston Chronicle detail an ultra high-tech communications network employed by a Mexican drug trafficking organization. The federal court documents detail the testimony of Jose Luis Del Toro Estrada, 38, who is alleged to be a cartel communications expert. According to his testimony, his organization uses a string of hand-held radios on a network which stretches from Guatemala to the Mexico-Texas border. His team included an expert who specialized in installing radio towers and antennas, and another who researched new technology. Total reported body count for the last week: 155 Total reported body count for the year: 4,587

In a 2-1 decision last Friday, the Alberta Court of Appeals ruled that Calgary police violated Canadian privacy protections when they persuaded a utility company to attach a device to create a record of electricity usage in a home where they suspected marijuana was being grown. The case is Crown vs. Gomboc. Daniel James Gomboc was arrested and convicted of marijuana cultivation after Calgary police on another call noticed his home showed signs that a marijuana grow was taking place. After spotting suggestive evidence, Calgary police then went to the utility provider Enmax without a warrant and persuaded it to attach a digital recording amp-meter (DRA) to Gomboc's home. The meter monitored Gomboc's power usage for five days, and police used the results to obtain the search warrant that resulted in his arrest and subsequent conviction. Gomboc appealed his conviction, arguing that the warrantless use of the DRA violated his privacy rights under the Charter of Rights and Freedoms. The Alberta appeals court agreed, overturning his conviction and ordering a new trial. That new trial will take place without any of the evidence seized under the search warrant based on the DRA information. "It has been famously said that 'the state has no business in the bedrooms of the nation,'" wrote Justice Peter Martin. "The actual prohibition is much broader: in our society, absent exigent circumstances, the state has no business in the homes of the nation without invitation or judicial authorization." Martin added that the expectation of privacy extends beyond the simple information-gathering on the timing and amount of electricity used to the behavior of utility companies. "It is also objectively reasonable to expect that the utility would not be co-opted by the police to gather additional information of interest only to police," wrote Martin. "Indeed, I expect that the reasonable, informed citizen would be gravely concerned, and would object to the state being allowed to use a utility to spy on a homeowner in this way." The decision could be a precedent that will lead to more reversals, Gomboc's attorney, Charlie Stewart, told the Calgary Herald. "It's interesting to think of all the people who have pleaded guilty or been convicted under these circumstances," said Stewart. "It's a question of the legitimacy of the search."