A new decree that overhauls Italy's drugs laws paves the way for releasing "thousands of convicted smalltime drug dealers from prison". The move follows parliamentary approval of a decree earlier this month that overhauls Italy's drugs laws and reclassifies marijuana as a soft rather than a hard narcotic. The new law also effectively removes jail time as a sentence for smalltime dealers, offering community service and other options in its place. (See also: Council of Europe lauds Italian moves on prison overcrowding)
In September 2012, the mayor of Bogotá, Gustavo Petro, launched the first centre for drug addicts in the Bronx, a marginalised city-centre neighbourhood. Called the Medical Care Centre for Dependent Drug Users (Centro de Atención Médica a Drogodependientes - CAMAD), it is staffed by psychiatrists, psychologists, doctors and nurses. The people given care in these centres are in an at-risk situation and socially excluded due to their high levels of drug dependency.
There is no reliable evidence that tougher criminal sanctions deter drug use or offending. On the contrary, criminalisation worsens the health and wellbeing of drug users, increases risk behaviours, drives the spread of HIV, encourages other crime and discourages drug users from seeking treatment. A report by Australia21, Alternatives to Prohibition, subtitled Illicit drugs: how we can stop killing and criminalising young Australians, sets out the lessons learnt about the failed war on drugs from other countries, especially Sweden, Switzerland, the Netherlands and Portugal.
A host of academic, legal, health, political and social figures are joining together to back a campaign to decriminalise drug use in Brazil, as tens of thousands of consumers uninvolved in the drug trade are currently jailed. The “Drug Law: It’s Time to Change” campaign is an initiative launched by the Brazilian Commission on Drugs and Democracy, which aims to gather one million signatures in support of a bill that will be introduced in congress during the second half of 2013.
Divisions between David Cameron and Nick Clegg over Britain's "war on drugs" emerged on Friday after the Liberal Democrat leader said that current policy was not working and accused politicians of "a conspiracy of silence". He said Cameron should have the courage to look at issues such as decriminalisation or legalisation of drugs. (See also: Nick Clegg calls for royal commission on drugs reform)
A French man suffering from a muscular disease since childhood had his request to be given the right to use cannabis for medicinal reasons rejected by a French court. To make matters worse he was fined €300 for possession. “I’ve been condemned – my disease is incurable, and only cannabis can give me any relief,” Dominique Loumachi told French TV TF1, before the verdict.
On February 12, the Constitutional Court ruled that the Fini-Giovanardi law setting out penalties related to the sale and possession of illegal drugs, was improperly approved, and abrogated the law. Since then, Italy has returned to previous regulations that imposed lighter sanctions on cannabis users. Prisoners' rights organisations argued that harsh drug laws have created a booming prison population in a system that is already overcrowded. Since January 2013, Italy's prisons have been under the scrutiny of the European Court of Human Rights.
The underlying aim of The Sentencing Council's new guideline for drug offences in England and Wales is to ensure sentences are consistent and the punishment proportionate. The guideline was launched in February 2012 and early results suggest it is beginning to have its desired effect. But achieving that consistency has involved a long process of research and careful testing of the results with judges, lawyers and the general public. (See also: Drugs, crime and punishment)
When she was 66 years old, Alicia Castilla was put in jail for three months for cultivating marijuana, which she used to help her sleep better. In this video testimony, she talks about the suffering caused by her imprisonment in Canelones (an Uruguayan prison) and her experience with the justice system in Uruguay.
Distinguishing between drug possession for personal use and supply and trafficking is widely acknowledged as one of the most difficult and controversial issues facing drug legislators and policy makers. To address the problem, two solutions are typically enacted: the threshold scheme and the "flexible" model.
In February, the Italian Constitutional Court ruled that most of the 2006 drug law norms were unconstitutional. Following this pronouncement, at the end of May, the Court of Cassation decided that people sentenced and incarcerated under the illegitimate norms have the right to be resentenced. The decision may affect about 10.000 prisoners detained for cannabis crimes.
The story of the Mexican drug war has generally focused on the violence perpetrated by drug cartels and the apparent inability to bring so many criminals to justice. Unfortunately—while it’s true many have evaded justice—there remain many more people who use drugs and those with very low levels of involvement in the drug trade, who have been swept up in recent crackdowns.
The Sentencing Council for England and Wales initiated a consultation process in order to produce definitive sentencing guidelines for drugs offences for the UK in the future. In order to feed into this process, IDPC, in collaboration with TNI, held an Expert seminar on proportionality in sentencing for drug offences, on 20th May 2011, in London, UK. The seminar was an important gathering of international experts on the subject of proportionality and provided a space for fruitful and in depth discussions on sentencing experiences from around the world. A draft report of the meeting was sent to the Sentencing Council as part of the consultation process on 20th June.
Poor young men, slumdwellers and single mothers are hurt the most by anti-drug policies in Latin America, according to representatives of governments, social organisations and multilateral bodies meeting at the Fifth Latin American Conference on Drug Policies held in San José, Costa Rica. Activists, experts and decision-makers from throughout the region demanded reforms of these policies, to ease the pressure on vulnerable groups and shift the focus of law enforcement measures to those who benefit the most from the drug trade.
Across the Americas, an unprecedented debate on drug policy reform is underway. While a regional consensus on what form those reforms should take remains elusive, there are at least two issues where consensus is growing: the need to address drug use as a public health, rather than criminal, issue and the need to promote alternatives to incarceration for low-level, nonviolent drug offenders and ensure proportionality in sentencing for drug-related crimes. Draconian drug laws were often adopted in Latin American countries with the encouragement – if not outright diplomatic, political and economic pressure – from the U.S. government.
Over the past several decades, Latin America has seen penalties for drug crimes—even low-level selling—skyrocket. And in many Latin American countries, non-violent drug offenses receive significantly longer sentences than many violent crimes, such as homicide and rape. A new study of criminal legislation explores this phenomenon in seven Latin American countries (Brazil, Ecuador, Peru, Mexico, Colombia, Bolivia, and Argentina).
Rodrigo Uprimny Yepes, Diana Esther Guzmán, Jorge Parra Norato
31 December 2012
In Latin America, trafficking cocaine so it can be sold to someone who wants to use it is more serious than raping a woman or deliberately killing your neighbor. While it may seem incredible, that is the conclusion of a rigorous study of the evolution of criminal legislation in the region, which shows that countries’ judicial systems mete out harsher penalties for trafficking even modest amounts of drugs than for acts as heinous as sexual assault or murder.