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Iran Executed Nearly 500 Drug Offenders Last Year

The Norwegian-based human rights group Iran Human Rights (IHR) has presented its annual report on the death penalty in the Islamic Republic and announce that at least 676 people were executed there last year. Of those, 480, or 71%, were executed for drug offenses, IHR said.

public mass execution in Iran, 2008 (ncr-iran.org)
The count of 676 executions was based on information reported by official Iranian news, other independent sources, or high-ranking officials in the Iranian judiciary. IHR said that the actual number of executions is "probably much higher" than that figure.

Of the 676 executions tallied by IHR, only 416, or 62%, were reported by official media or high-ranking officials. The group said some executions are not announced by state media, but lawyers and family members were notified prior to the execution. In other cases of "secret" executions, not even family and lawyers are notified. IHR left more than 70 additional reported executions off its tally because of difficulty in confirming details.

Drug offenses were far and away the most common death penalty charges. More than five times as many people were hung for drug crimes as for rape (13%) and more than 10 times as many as for murder (7%). Some 4% were executed for being "enemies of God," 1% for acts against chastity, and in 3% of the cases, no charge was made public.

Situated next door to Afghanistan, supplier of nearly 90% of the world's illicit opium and heroin, Iran has been waging a fierce "war on drugs" against smugglers and traffickers transiting the country on the way to European markets. But much of that opium and heroin is destined for Iran itself, which suffers one of the world's highest opiate addiction rates.

While China, the world's leading executioner state, may execute more drug offenders -- the numbers are hard to come by because China doesn't report them -- Iran leads the world in executions per capita, both for drug offenses and all offenses combined.

Last year, IHR helped launch the International Campaign Against the Death Penalty in Iran. More broadly, Harm Reduction International has an ongoing Death Penalty Project aimed at the 32 countries that have laws on the books allowing the death penalty for drug offenses. Opponents of the death penalty for drug offenses argue that such statutes violate UN human rights laws, which say the death penalty can be applied only for "the most serious crimes."

Iran

In Mexico, Biden Rejects Drug Legalization Talk

On the first day of a two-day trip to consult with Mexican and Central American leaders Monday, US Vice President Joe Biden was quick to pooh-pooh any talk about drug legalization. The topic has become an increasingly hot one in the region, as Mexico's drug wars bleed over into its neighbors to the south, and some regional leaders are now calling for discussion of legalization.

Joe Biden
"It's worth discussing, but there is no possibility the Obama/Biden administration will change its policy on legalization," he said after meeting with Mexican President Felipe Calderon.

"It's worth debating in order to lay to rest some of the myths that are associated with the notion of legalization. The debate always occurs, understandably, in the context of serious violence that occurs with the society, particularly in societies that don't have the institutional framework and the structure to deal with organized, illicit operations," he said in remarks reported by the Associated Press and McClatchy Newspapers.

Biden, who said he had spent "thousands of hours" at Senate hearings on the issue, said that while drug legalization could do positive things like reducing prison populations, it would lead to more drug use, health problems, and even more bureaucracies.

"It impacts on a country's productivity. It impacts on the health costs of that country. It impacts on mortality rates," Biden said. He added that legalization wouldn't work "unless you are going to not only legalize but you are going to provide a government apparatus for the distribution of the drugs."

Biden's primary purpose for his visit to Mexico City was to meet with the leading contenders in the country's July 1 presidential election, but that has been overshadowed by the legalization debate heating up in the region.

Colombian President Juan Manuel Santos last fall called for an international discussion of drug legalization, but said he would be crucified if he led it. Last month, Guatemalan President Otto Perez Molina, a right-leaning former military officer, called for regional discussions on the issue, and picked up support from Costa Rican President Laura Chinchilla last week, but not Honduran President Porfirio Lobo or Panamanian leader Richardo Martinelli. Salvadoran President Mauricio Funes first signaled support, but then wavered, while Nicaraguan President Daniel Ortega has yet to announce a position.

All the Central American leaders will meet with Biden Tuesday.

Santos will host the Summit of the Americas April 14-15 in Cartagena, Colombia. He has said drug policies should be debated then. Perez Molina also wants the discussion to get underway there. President Obama is expected to be in attendance.

Mexico City
Mexico

Costa Rica Joins Call for Drug Legalization Debate

Costa Rican President Laura Chinchilla has added her voice to the rising clamor for discussions on drug legalization as an alternative to the current state of affairs, in which Central American nations see themselves as increasingly threatened by the illicit drug trade. The discussion should go on even if the US opposes it, Chinchilla said.

Costa Rican President Laura Chinchilla (wikimedia.org)
"If we keep doing what we have been when the results today are worse than 10 years ago, we'll never get anywhere and could wind up like Mexico or Colombia," Chinchilla said in San Jose Wednesday in remarks reported by Bloomberg Business News. There needs to be a "serious" discussion of legalization even if the US disagrees, because Central American nations are "paying a very high price" and "we have the right to discuss it," she added.

Chinchilla made her remarks the same day as she met with Guatemalan Deputy President Roxanni Baldetti de Paz and a day after she met with US Department of Homeland Security Secretary Janet Napolitano. That same day, Napolitano said the US position is that drug legalization "is not the way" to stop the drug traffic.

She joins Guatemalan President Otto Perez Molina in calling for regional legalization discussions. Perez Molina said last month that he was open to legalizing the use and transport of drugs as part of a crackdown on heavily-armed Mexican drug trafficking organizations whose corrosive influence has been seeping into Central America in recent years.

Perez Molina has been making the rounds seeking more regional support for his proposal. Salvadoran President Mauricio Funes first seemed to support the notion, then backed away from it, while Panama has rejected the idea outright. So did Honduras, with President Porfirio Lobo saying legalization would make his country "a paradise" for drug traffickers.

Nicaraguan President Daniel Ortega has not taken a position one way or the other, but said in January that as long the US "continues to fail to control the consumption of drugs, it continues to contaminate and poison this region."

Last month, Mexican Foreign Minister Patricia Espinosa said the Calderon administration was open to an international discussion of drug legalization. But, like Chinchilla, she was quick to caution that legalization wouldn't mean the defeat of organized crime.

Regional concern about the issue as the Mexican drug traffickers have expanded their presence, bringing both increased drug trafficking and heightened levels of violence with them. In its annual report, released Monday, the International Narcotics Control Board warned that trafficking levels have reached "alarming and unprecedented" heights, and that cocaine being transshipped through the region may be worth as much as 5% of the region's gross domestic product.

San Jose
Costa Rica

Canadian Senate Passes Harsh Crime Bill

The Canadian Senate last Thursday night gave its approval to a government package of crime measures that include a number of harsh provisions, including mandatory minimum prison sentences for growing as few as six marijuana plants. The bill, C-10, the Safe Streets and Communities Act, now heads back to the House of Commons for final approval.

Canada's Senate Chamber
The bill has already passed the House, but members will have to approve amendments adopted by the Senate that more clearly define terrorist activities and how victims of terrorism can seek compensation from groups or states that support terrorism.

Passage in the Senate came after ruling Conservatives used their majority to limit debate on the measure to six hours. Liberals objected vociferously, but in vain. The only Conservative to vote against limiting debate was Sen. Pierre Claude Nolin, a long-time advocate of marijuana and other drug law reforms.

"Canadians are expecting us to pass this," said Conservative Sen. Claude Carignan, explaining that the rush to passage was necessary because the government had promised to pass the legislation within a hundred days of taking office. "The best way to ensure the population is not jaded when it comes to politics is to keep our promises."

Liberals argued that there was enough opposition to the bill that every senator deserved to be heard on the issue, but that argument didn't fly with the Conservative majority.

"There is no excuse for what this chamber is about to do," said Liberal Sen. Joan Fraser. "We should be ashamed of ourselves."

The Senate vote came despite heated opposition, both from within Canada, where various polls show consistent majority support for marijuana legalization, and internationally. The Global Commission on Drug Policy this week urged Parliament not to pass the bill, while Law Enforcement Against Prohibition also urged the Conservatives to reconsider.

While the bill is now almost assured of final passage, opponents have vowed to carry on the fight in the courts. Once the bill becomes law and goes into effect, look for quick challenges to its constitutionality under the Canadian Charter of Rights and Freedoms.

Ottawa
Canada

INCB Attacks Bolivia on Coca Stance

http://stopthedrugwar.org/files/leaves-drying-in-warehouse.jpg
Drying the leaves in the warehouse. The sign reads ''Coca Power and Territory, Dignity and Sovereignty, Regional Congress 2006-08'' (photo by the author)
In its 2011 Annual Report, the International Narcotics Control Board, which monitors the implementation of international drug control treaties, has attacked Bolivia over that country's effort to defend the traditional uses of the coca plant. The INCB "noted with regret" that Bolivia had withdrawn from the 1961 UN Single Convention on Narcotic Drugs because the treaty considers coca a drug and rejoined the treaty in January with a "reservation" saying it would not honor the portion of the treaty dealing with coca.

Coca is the plant from which cocaine is derived, but Bolivians have been using the coca leaf for thousands of years and consider it part of their national patrimony. Bolivia is the third largest producer of coca and cocaine, after Peru and Colombia.

Under the treaty, the other countries that are signatories have one year to consider Bolivia's reservation. Unless one-third of them -- 62 countries -- object, the reservation "shall be deemed to be permitted." That would mark the first chink in the armor of the UN anti-drug conventions, the legal backbone of global drug prohibition.

The INCB said it was "concerned that, while the denunciation itself may be technically permitted under the Convention, it is contrary to the fundamental object and spirit of the Convention." If other states were to follow Bolivia's "unprecedented" rejection of portions of the treaty, "the integrity of the international drug control system would be undermined and the achievements of the past 100 years in drug control would be compromised," the INCB said.

But the INCB's attack on Bolivia did not go unchallenged. In a joint press release Tuesday, the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA) slammed the INCB for its "stubborn combination of incompetence and overreach." The board's harsh response "begs the question of why the board is so afraid," the groups said.

"Why does the board consider the international drug conventions to be so fragile?" asked WOLA senior associate John Walsh. "How do one country’s legitimate efforts to reconcile its treaty obligations with its own constitutional requirements represent an existential threat to the entire system in the eyes of the INCB?"

lime spoons, coastal Inka, Peru, mid-15th to 16th century, Metropolitan Museum of Art
"The INCB operates under a completely misplaced and self-inflated sense of infallibility that they apparently believe absolves them of any responsibility to base their inquisitorial judgments on rational arguments," said Martin Jelsma, coordinator of TNI's Drugs & Democracy program.

The two groups noted that a stance such as the one Bolivia is taking is legal under the convention and cited the official commentary on the 1961 Single Convention: "A Party may reserve the right to permit the non-medical uses as provided in article 49, paragraph 1, of the drugs mentioned therein, but also non-medical uses of other drugs, without being subject to the time limits and restrictions provided for in article 49."

"The INCB response is another clear sign that the UN drug control regime is under strain and that the cracks in the so-called 'Vienna consensus' are approaching a breaking point," said Jelsma."It is a sign that its principal guardian, the INCB, is in distress and no longer capable of responding to challenges in a rational manner."

Vienna
Austria

Napolitano Insists Mexico Drug War Not a Failure

Department of Homeland Security Secretary Janet Napolitano defended hard-line US drug policies and Washington's approach to prohibition-related violence in Mexico Monday even as Central American leaders prepare to discuss decriminalizing or legalizing the drug trade. Napolitano spoke in Mexico City, on the eve of a trip to Guatemala, where President Otto Perez Molina has recently led the call for a new model.

Janet Napolitano
Napolitano signaled continued support for Mexican President Felipe Calderon, who called out the army to fight the cartels in December 2006. Since then, despite numerous arrests or killings of major cartel figures, the trade continues seemingly untouched, and the death toll has climbed to more than 50,000.

In recent years, under pressure in Mexico, the cartels have also pushed into Central America, causing upticks in violence and increased trafficking activity throughout the isthmus.

"I would not agree with the premise that the drug war is a failure," Napolitano said in remarks reported by Reuters, among others. "It is a continuing effort to keep our peoples from becoming addicted to dangerous drugs."

Napolitano compared the so far fruitless hunt for Sinaloa cartel head Joaquin "El Chapo" Guzman to the search for Osama bin Laden. She said Mexico and the US would persevere until they got their man.

"It took us 10 years to find Osama bin Laden and we found him, and you know what happened there," Napolitano said. "This has to be handled in a somewhat different way. It's a different type of crime and it's a different type of plague, but that's also why it is so important that we act not only binationally, but in a regional way, to go after the supply of illegal narcotics," she noted.

Guatemala's Perez has a different idea. He wants a regional debate on drug policy, including discussion of legalization and decriminalization, and it looks like he will get his wish at a Central American summit in April.

"What we are putting on the table... although we know some are against it, is decriminalization," Perez said earlier this month. "We have to study the issue of production, the issue of transport and also consumption," he said at a separate event.

LEAP Urges Canada to Reject Harsh Crime Bill

Law Enforcement Against Prohibition (LEAP) has intervened in the debate over the Canadian government's crime bill. The group, composed of current and former members of law enforcement and other criminal justice professionals, sent a letter last Wednesday to Canadian parliamentarians, warning them of the consequences of adopting a harsh approach and urging them to instead regulate and tax marijuana.

The pending crime bill, C-10, has already passed the lower chamber of the parliament and is currently before the Senate. The bill would impose mandatory minimum sentences for a number of offenses, including growing as few as six marijuana plants.

"Through our years of service enforcing anti-marijuana laws, we have seen the devastating consequences of these laws. Among the greatest concerns is the growth in organized crime and gang violence. Just as with alcohol prohibition, gang violence, corruption and social decay have marched in lockstep with marijuana prohibition," the LEAP letter said.

LEAP is not alone in opposing the Tories' crime bill. It is also opposed by the New Democrats and the Liberals. Earlier this month, four former British Columbia attorneys general called for marijuana legalization, and days later, the national chief of the Assembly of First Nations criticized the bill. Chief Shawn Atleo said aboriginal peoples with drug problems needed intervention and rehabilitation, not incarceration.

So far, though, the Tories aren't listening to LEAP or anyone else. Responding to the LEAP letter, Canadian Justice Minister Rob Nicholson said he was unswayed.

"We develop our criminal law legislation looking at the experiences from around the world, from Britain and other countries," Nicholson said at a news conference Wednesday in Regina. "But again, ours is a Canadian solution to Canadian issues and we make no apology for that."

Nicholson also defended mandatory minimums and said the crime bill sends the right message.

"Over the years there has been introduced mandatory penalties by different governments. I think there's about 40 of them in the criminal code, so they're nothing new to this government," he said. "But I believe they send out the right message to individuals that if you start bringing, for instance, drugs into this country, if you're into the business of trafficking, there will be a price to pay and you'll be going to jail."

Although the Conservatives control the Senate, the bill isn't passed until the bill is passed. Organizing against it continues.

Canada

US Law Enforcement Officials Call on Canadian Prime Minister to Legalize Marijuana

WASHINGTON, DC -- A high-profile group of current and former law enforcement officials from the United States is calling on the Canadian government to reconsider the mandatory minimum sentences for minor marijuana offenses proposed in Bill C-10, arguing that the taxation and regulation of marijuana is a more effective policy approach to reducing crime.

On Wednesday, the law enforcers released a letter outlining their concerns, addressed to Prime Minister Stephen Harper and Canadian senators. It is signed by more than two dozen current and former judges, police officers, special agents, narcotics investigators and other criminal justice professionals, all of whom are members of the group Law Enforcement Against Prohibition (LEAP). The letter strongly reinforces the failure of U.S. crime policies that those proposed in the Canadian federal government’s Bill C-10 legislation seem to be modeled on.

“Through our years of service enforcing anti-marijuana laws, we have seen the devastating consequences of these laws,” the letter states. “Among the greatest concerns is the growth in organized crime and gang violence. Just as with alcohol prohibition, gang violence, corruption and social decay have marched in lockstep with marijuana prohibition.”

“We were deeply involved with the war on drugs and have now accepted, due to our own experience and the clear evidence before us, that these policies are a costly failure,” the letter continues. “Marijuana prohibition drives corruption and violence and tougher laws only worsen the problem.”

Bill C-10, titled “The Safe Streets and Communities Act,” is currently being heard by the Senate Committee on Legal and Constitutional Affairs. Among other proposals, the bill calls for stricter mandatory minimum sentences for minor marijuana offenses, including minimum six-month sentences for growing as few as six marijuana plants.

“The Canadian government believes the answer is to get tougher on criminals,” said Norm Stamper, retired chief of police in Seattle, Washington. “But as we’ve learned with our decades-long failed experiment with the ‘war on drugs,’ the stricter sentencing proposed in the bill will only serve to help fill jails. It will not reduce harms related to the illicit marijuana trade, make Canadian streets safer or diminish gang activity.”

Said retired Washington State Superior Court Judge David Nichols: “Policies similar to those in the U.S. and now under consideration in Canada have been costly failures in the United States, wasting tax dollars and bankrupting state budgets. Following our path presents obvious and significant risks to Canadians.”

Among the 28 signers of the letter are many law enforcement officials working in border areas. They pointed to the illegal cross-border marijuana trade as sustaining gang activity in the region.

“Organized crime groups move marijuana to the U.S. from British Columbia and return with cocaine and guns,” said Stamper. “Prohibition continues to fill the coffers of organized criminals, making communities on both sides of the border less safe.”

Eric Sterling, who helped the U.S. Congress write the federal mandatory minimum sentencing laws, cautions: “As counsel to the U.S. House Judiciary Committee during the 1980's, I played a major role in writing the mandatory minimum drug sentencing laws which later turned out to not only be ineffective in reducing drug use, but which directly contributed to the disastrous overincarceration problem in this country. I urge policy makers in Canada to learn from our mistakes.”

Canadian Senator Larry Campbell, a member of LEAP’s advisory board and a former member of the RCMP and its drug squad, added: “I am hopeful that my Senate colleagues will listen to the voice of experience, and take into account the advice from leading U.S. law enforcement officials to avoid mandatory minimum sentences. The U.S. and many of its citizens have suffered greatly due to the inflexible and dogmatic nature of mandatory minimum sentences, and Canada would be wise to learn from and avoid that costly and socially destructive mistake.”

U.S. Becoming More Progressive than Canada with Marijuana Policy

While Canada moves towards stricter sentencing with Bill C-10, many states in the U.S. are shifting in the opposite direction, toward control and regulation of the marijuana trade. The law enforcement officials pointed to the 16 U.S. states and the District of Columbia that have already passed laws allowing medical use of cannabis, the 14 states that have taken steps to decriminalize marijuana possession and the initiatives to fully tax and regulate marijuana that are likely to appear on statewide ballots this November in Washington State, Colorado and possibly California.

“We assume this news will not make you consider closing the borders with the United States,” the law enforcement officials write in their letter.

For a copy of the law enforcement letter, please visit http://www.leap.cc/wp-content/uploads/2012/02/regulation-in-canada.pdf

Law Enforcement Against Prohibition (LEAP) represents police, prosecutors, judges, prison wardens, federal agents and others who want to legalize and regulate marijuana and other drugs after fighting on the front lines of the "war on drugs" and learning firsthand that prohibition only serves to worsen addiction and violence.

More info at http://www.CopsSayLegalizeDrugs.com.

 

# # #

 

FOR IMMEDIATE RELEASE: February 22, 2012

CONTACT: Tom Angell, media@leap.cc or Steve Finlay, steve.finlay@leap.cc

Location: 
Canada

Haarlem Cannabis Cafes Reject Dutch-Only Member Passes

All 16 cannabis coffee shops in the city of Haarlem have united in opposition to the Dutch government's "Weed Pass" program, which would bar foreigners from entry to the coffee shops and make the coffee shops "members only" for Dutch citizens. The plan foresees placing a cap on the number of members each coffee shop could have.

Haarlem, The Netherlands (wikimedia.org)
The conservative coalition governing the Netherlands doesn't like marijuana. It has created the Weed Pass program first as a measure to reduce "drug tourism" in Dutch border cities, and second as a means of restricting coffee shop numbers within the county. It was supposed to be rolled out in the border towns in January, but has been delayed until May, and is supposed to go nationwide next year, despite objections from, among others, the city of Amsterdam.

The Haarlem coffee shop owners, unified as Team Haarlems' Coffeeshopentrepreneurs (THC), announced Friday that they "have decided not to comply with the new criteria for tolerated coffee shops, like registering Dutch citizens as cannabis users, and discriminating against all non-Dutch coffee shop visitors."

The Weed Pass plan would bankrupt their businesses and lead to increases in street drug dealing and personal marijuana cultivation, the association warned. It cited the results of a poll of 700 coffee shop patrons it had conducted.

That poll found that only 12.4% of participants would register under the Weed Pass program. Nearly 63% said they would buy marijuana on the black market, while 21.7% said they would grow their own instead.

If coffee shops lost nearly 90% of their clientele, they would go broke, so complying with the Weed Pass "is simply no option," the association said. Closing up shop would result in the loss of about 90 "budtender" jobs in the city, they added.

"We cannot beat bankruptcy, so our staff, customers and ourselves are ready to start a struggle with Justice Minister Ivo Opstelten, before our civilized city will be divided in working areas for street dealers and drug runners," the association vowed.

Haarlem is a city of about 150,000 people just west of Amsterdam and on the northern fringe of the Randstad, a conurbation of 7.1 million people, that includes Amsterdam, The Hague,  Rotterdam, and Utrecht, and is one of the largest metropolitan areas in Europe.

Haarlem
Netherlands

Guatemalan President Will Propose Drug Legalization

Guatemalan President Otto Perez Molina is again speaking out on drug legalization. He said in a Saturday radio interview that he would propose legalizing drugs in a forthcoming meeting with regional leaders, and he specified that that included decriminalizing the transport of drugs through the Central American isthmus.

President Otto Perez Molina and his "mano duro"
"I want to bring this discussion to the table," he said. "It wouldn't be a crime to transport, to move drugs. It would all have to be regulated."

Saturday's comments reinforce remarks the retired general made last month, shortly after taking office. Then, he said the drug trade should be decriminalized "from the south, where it is produced, through all the countries, like Guatemala, through which it passes, to Mexico and the United States."

Perez Molina didn't provide any more specifics of his proposal, nor did he say when the regional meeting would take place. But he did say he would discuss the subject with Salvadoran President Mauricio Funes when Funes visits Monday.

Perez Molina said that the war on drugs and all the US cash and technical assistance had failed to reduce drug trafficking in the region, which serves as a springboard for South American cocaine headed into Mexico and, ultimately, the United States.

"There was talk of the success of Plan Colombia but all it did was neutralize big cartels," Perez Molina, referring to the US' decade-long, $6 billion anti-drug effort in Colombia.

The first time around, Perez Molina's remarks on decriminalization come as something of a surprise, but now he has twice called for a discussion of what is in effect full legalization. He said nothing like that during his election campaign, in which he vowed to use "an iron fist" against encroaching Mexican cartels. In one of his first acts in office, he emulated Calderon by calling out the armed forces to fight the cartels.

Both the Zetas and the Sinaloa cartel are reported to be operating in Guatemala, which borders Mexico to the north. The drug gangs are blamed for an increasing number of killings in the Central American country, the bloodiest being the May 2011 massacre of 27 farm workers whose boss had been targeted by the Zetas.

Guatemala City
Guatemala

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