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30 items
  1. Image of UN Flag

    Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

    • Manfred Nowak
    14 January 2009

    The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment submits his third report to the Human Rights Council. The Special Rapporteur focuses on the compatibility of the death penalty with the prohibition of cruel, inhuman and degrading punishment discusses a human rights-based approach to drug policies.

     

  2. Tráfico de drogas e Constituição

    • Luciana Boiteux, Ela Volkmer de Castilho Wiecko
    01 March 2009

     

    This study commissioned by the Brazilian Ministry of Justice underlines the disparity that exists between the depenalization of drug use and the increased penalization of selling drugs that resulted from the 2006 Law on Drugs. Although the fact that the use of drugs is no longer a crime is certainly progress, it seems disproportionate to establish maximum prison sentences of 5 years for the sale of very minor quantities of drugs. The study was a joint project of the Federal University of Rio de Janeiro, UFRJ, and the University of Brasília UnB that ran from March 2008 and July 2009, supported by the United Nations Development Program, UNDP.

     

  3. Drugs mule terms cut in new sentencing guidelines

    24 January 2012
    Other news

    People who smuggle drugs will face more lenient sentences if they have been exploited, under new guidelines. The change in approach on "drug mules" forms part of new comprehensive rules on drugs offences from the Sentencing Council for England and Wales. The council said judges should distinguish between those who have been exploited by gangs and criminals heavily involved in the drugs trade. But it said large-scale drugs producers should expect longer jail terms.

  4. human-rights-day

    Drugs, crime and punishment

    • Gloria Lai
    20 June 2012
    Policy briefing

    Proportionality is one of the key principles of the rule of law aiming to protect people from cruel or inhumane treatment. The principle has been established in interna­tional and regional human rights agree­ments and many countries have adopted reflections of it in their constitution or penal code. Its applica­tion to drug-related offences is firstly the responsibility of the legislators, in defining the level of penalisa­tion of certain behaviours.

  5. Towards a Healthier Legal Environment

    • Ernestien Jensema, Martin Jelsma, Tom Kramer, Nang Pann Ei Kham, Gloria Lai, Tripti Tandon
    16 February 2015
    Report

    The decision of the Myanmar Government to review drug laws is not only timely, but also offers a prospect to improve the drugs legislation and to ensure that the laws address drug-related problems in the country more effectively.

  6. Drug guidelines suggest lighter sentences for 'social dealers'

    24 January 2012
    Other news

    Recreational drug users who naively buy small quantities to share with their friends could avoid jail under sentencing guidelines for drug offences. The sentencing council also spells out explicitly, for the first time, that the medical use of cannabis for serious conditions should be recognised by the courts as a mitigating factor when sentencing offenders. The official guidance for the courts, which comes into force next month, also recommends a less draconian approach to the sentencing of "drug mules". (See also: Response from IDPC to the Sentencing Council for England and Wales Consultation on the Drug Offences Guideline)

  7. Drug sentences now make more sense

    19 November 2012
    Other news

    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)

  8. Image of UN Flag

    UN expert calls for a fundamental shift in global drug control policy

    26 October 2010
    Article

    At a press conference in New York on Tuesday 26 October, 2010, at the 65th session of the United Nations General Assembly, one of the UN’s key human rights experts will call for a fundamental rethink of international drug policy. Anand Grover, from India, is the UN Special Rapporteur on the Right of Everyone to the Highest Attainable Standard of Physical and Mental Health, whose mandate is derived from the UN Human Rights Council.

  9. tni-wola-idpc

    Response from IDPC to the Sentencing Council for England and Wales Consultation on the Drug Offences Guideline

    • Mike Trace
    01 June 2011

    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.

     

  10. Improving community health and safety in Canada through evidence-based policies on illegal drugs

    • Evan Wood, Moira McKinnon, Robert Strang, Perry R. Kendall
    28 March 2012

    The use of illegal drugs remains a serious threat to community health. However, despite the substantial social costs attributable to illegal drugs, a well-described discordance between scientific evidence and policy exists in this area, such that most resources go to drug law enforcement activities that have not been well evaluated. When the Office of the Auditor General of Canada last reviewed the country’s drug strategy, in 2001, it estimated that of the $454 million spent annually on efforts to control illicit drugs, $426 million (93.8%) was devoted to law enforcement.

     

  11. Controlling and Regulating Drugs

    03 May 2011

    The New Zealand Law Commission was asked to address the efficacy of the Misuse of Drugs Act in reducing the demand for, and supply of, drugs prohibited under the International Drug Conventions. The Commission has recommended the existing Act be repealed and replaced by a new Act administered by the Ministry of Health. Justice Hammond said the thrust of the proposed new Act is to facilitate a more effective interface between the criminal justice and health sectors: “We need to recognise that the abuse of drugs is both a health and a criminal public policy problem.”

     

  12. Review drags drug law into 21st Century

    03 May 2011
    Other news

    New Zealand’s 35-year-old Misuse of Drugs Act should be consigned to the rubbish heap of history and replaced with a modern, flexible, health-focussed law fit for purpose for the 21st Century, said the New Zealand Drug Foundation today. The Drug Foundation was responding to the Law Commission’s recommendations for reforming the Misuse of Drugs Act 1975, which was tabled today in Parliament.  The report makes 144 recommendations for a new legislative and policy approach to reducing the country’s drug problem, and is a result of a comprehensive 2 year review of New Zealand’s obsolete drug law.

    See: New Zealand Law Commission report: Controlling and Regulating Drugs – A Review of the Misuse of Drugs Act 1975

  13. Conviction by Numbers

    • Genevieve Harris
    27 May 2011

    Threshold quantities (TQs) for drug law and policy are being experimented with across many jurisdictions. States seem attracted to their apparent simplicity and use them to determine, for example, whether: a possession or supply offence is made out (e.g. Greece); a matter should be diverted away from the criminal justice system (e.g. Portugal); or a case should fall within a certain sentencing range (e.g. UK).

     

  14. Expert Seminar on Proportionality of Sentencing for Drug Offences

    20 May 2011
    Report

    There has in recent years been a renewed interest in the principle of proportionality in sentencing policy for drug offences. There has been official analysis of the issue by the International Narcotics Control Board (INCB) and several national initiatives that have inscribed a requirement for proportionality when sentencing in statute or penal code, asserted it through the courts, or, as with the UK Consultation on sentencing for drug offences by the Sentencing Council of England and Wales, are continuing to explore the concept through policy processes.

     

  15. Towards Effective Sentencing

    22 July 2008

    The purpose of the Criminal Justice Act 2003 in the United Kingdom was to provide overall structure and clarity to sentencing in England and Wales by reserving prison for the most dangerous offenders, while moving lower level offenders away from short prison sentences into robust and rehabilitative community punishments.

     

  16. women-prisons

    Cause for Alarm

    • Eka Iakobishvili
    04 April 2012

    The new report is the first to calculate the total number of females in prisons on drug offences in Europe and Central Asia. It provides an analysis of developments related to women drug offending and the criminal justice system in Europe and Central Asia, and also largely focuses on numbers of women convicted for drug offending (violation of drug laws) that are in prisons.

     

  17. The development of international drug control

    • Martin Jelsma
    15 February 2011
    Policy briefing

    The emergence of more pragmatic and less punitive approaches to the drugs issue may represent the beginning of change in the current global drug control regime.

  18. Cannabis social club activists in Spain liberated

    Tom Blickman
    22 November 2011
    Article

    Cultivation and consumption of cannabis is decriminalised to an extent but lack of guidelines causes rogue social clubs to undermine the success of self-regulated social clubs. The result; an unwarranted arrest of three Pannagh activists. 

  19. Drugs and the law: state of confusion

    02 June 2011
    Other news

    Forty years after the introduction of the 1971 Misuse of Drugs Act, more than 2.8 million people report using illicit drugs every year in England and Wales. While cannabis remains overwhelmingly the most popular, this Home Office total also includes 800,000 mainly young adults who put the country at the top of the European league table for powder cocaine use.

  20. Justices to Decide on Fairness in Drug Sentences

    28 November 2011
    Other news

    The Supreme Court agreed to resolve a question that has vexed the lower federal courts since Congress enacted a law to narrow the gap between sentences meted out for offenses involving two kinds of cocaine. Selling cocaine in crack form used to subject offenders to the same sentence one would get for selling 100 times as much in powder. The new law, the Fair Sentencing Act of 2010, reduced the disparity to 18 to 1, at least for people who committed their offenses after the law became effective on Aug. 3, 2010.

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