Tag: Drugs Act

Man wearing a belt representing a cannabis leaf arrested

At 19-year-old man has been arrested in Gaaf Dhaalu Rathafandhoo Island for wearing a belt with an insignia representing the cannabis leaf.

A Maldives Police Service (MPS) media statement read that the man was arrested for “encouraging the use of drugs’” by wearing the belt.

The statement also read that the man was arrested at around 10pm yesterday (December 23) after the police received a tip-off saying that a drug deal was happening. The offending belt was seen while searching the man’s body for drugs.

According to Article 128 of the Drugs Act, encouraging the use of drugs is illegal in the Maldives and is a crime punishable by 3 years of jail time.

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Is the government protecting the youth from drugs?

Last weekend’s raid of the Anbaraa island music festival was defended by police as being part of law enforcement efforts to “safeguard youth and the society from dangers of drugs”.

But how successful are the current methods in keeping the youth away from drugs?

Beginning with soft drugs in the seventies, and later with the introduction of heroin around 1993, the drugs issue became a national epidemic in the nineties with the number of drug-related offenses increasing rapidly since that time.

The National Drug Use Survey (NDUS) of 2011-2012, conducted by the UNODC, revealed that there were 7,496 drug users aged between 15 and 64 years in the Maldives. According to the survey, 72 percent of the drug using population was under the age of 24, and 48 percent of the drug users in the capital Malé were between 15 and 19 years.

A 2003 Rapid Situation Assessment by the Narcotics Control Board revealed that the age at which young people start using drugs ranged between 10-27 years (a mean age 16.8 years).

Those young people are often arrested and sentenced to long periods in prison, while more and more join them in becoming frequent users and addicts.

It has been suggested that Maldivian prison population could be reduced by up to two-thirds if the government would decriminalise the offence of drug usage and propose mandatory rehabilitation.

Rehabilitating rehab

The NDUS report said the Maldives’ response to the drug problem appeared to be skewed heavily towards the criminal justice system rather than health and social welfare systems.

Considering this, the report proposed turning this around by approaching the issue from three broad angles – supply reduction, demand reduction, and harm reduction.

One key achievement in this change was the Drug Act, introduced in 2011 with provisions for treating drug users instead of opting for incarceration. Under the Act, the National Drug Agency (NDA) has been mandated as the lead agency dealing with all issues related to drug prevention, harm reduction, and treatment.

A Drug Court was also formed under the new act as part of a policy shift away from taking a punitive approach against small-scale drug offenses.

Earlier this month, the NDA reported that 101 offenders have completed their drug rehabilitation programme. But how successful is this programme?

Mohamed Shuaib, the CEO of ‘Journey’ – a support NGO for recovering addicts – said the rehabilitation programme in the Maldives had failed completely.

“Three months later they start using again. While a lot of money is spent on these programmes, right now it is just a small prison. There is no good treatment programme there,” he said.

He highlighted various failures ranging from the programme’s structure and staffing capacity, to unrepaired damages at the buildings and the lack of capacity in the programme itself.

Mohamed Rashad – the 24-year-old found dead after a heroin overdose on April 1 – is a testament to this failure. He passed away within 24 hours of being released from the Himmafushi drug rehabilitation centre.

A full programme

Earlier this month, the Drug Court’s Judge Mahaz Ali Zahir said that the NDA had informed the court that one of its centres was full in April last year. Again this month the second centre in Maafushi was also reported to be full.

“People in prisons who have been sentenced to rehabilitation are also waiting for such an opportunity. If this stays this way the [expected] result of [establishing] the Drug Court will not be seen,” the judge has said.

Judge Mahaz called on authorities to speed up the process of sending cases to the court, stating that out of 1,616 cases only 19 were submitted within a month of the incident.

Fathimath Afiya, the Chairperson of the Society For Women Against Drugs (SWAD) said the rehabilitation programme currently only existed “just for name’s sake”.

“We visited the [rehabilitation center] place for an assessment just around the time the new government came to power. And it is true, the programme is there just for name’s sake,” she said.

“There is no stable programme. The place is full. There are so many issues. While the Drug Court is sending more and more people, there is no stable programme for them.”

Afiya said the government had started taking action regarding the issue now, and that SWAD was closely following it.

“SWAD is lobbying to work towards a long term strategic solution, based on a strategic action plan and prevention policy. The government is listening to our recommendations and bringing small changes already.”

She said the importance of following a systematic plan is to work realistically towards a solution instead of having every new government introducing something new with each new term.

Long term reform

Journey’s Shuaib also noted the importance of having a long term plan to addressed the issue.

“There have never been any research and evidence based prevention programmes in the Maldives. It is always an ad hoc approach. Our outreach teams have observed that there are a lot of new users now.”

Shuaib said prevention is of the utmost importance and, since children start using drugs, parental guidance and providing children with information will help them make the right choice.

“Even in the US their policy was using guns and force but it did not work. So now they are reforming their drug policy to focus on prevention. Prevention is more important. Young people who were using hash oil three or four years back are now using heroin,” Shuaib said.

Speaking to Minivan News, one recovering heroin addict said the programme ‘s failure could be connected to the Drug Act itself.

“Every one at the programme does not always want to deal with their issue. Many  just don’t care about it and are there only because they have been ordered to do so. This makes things harder for those of us who genuinely want to get better,” he said.

While Minivan News was unable to get a comment from NDA regarding the issue, all NGOs expressed hope that the programme can be saved, with the agency currently taking steps towards reform.

Supply, demand, and harm

In terms of supply reduction, drugs confiscated by the Maldives Customs Service while being imported to the Maldives in 2013 include 6.98 kg of heroin and 10.73 kg of hashish oil, while the numbers in 2012 were 4.12 kg of heroin along with 8.39 kg of hashish oil.

This is relatively small amount compared to what is being imported to the country, considering the huge demand. The 24 kg of heroin seized by police last month gives an idea of the true scale of the problem.

Last year police dealt with 38 cases of buying and selling of drugs and 130 cases of trafficking drugs, while there were 2,139 drug use cases and 833 possession cases. Even less is done with regards to major drug dealers.

With regards to large-scale drug dealers, previous attempts by former President Nasheed to apprehend some of the nation’s most prominent drug dealers failed to bear fruit. Among them, Adam Naseer was found innocent by the Criminal Court despite police finding over MVR6million (US$461,500) in cash and drugs just outside his home.

In  June 2011, police arrested another ‘top dealer’ Ibrahim ‘Shafa’ Shafaz, finding 896 grams of illegal drugs in his apartment.  This February he left the Maldives for ‘medical treatment’ and has appealed his eighteen year jail term to the High Court from abroad.

While NGOs seem hopeful about fixing the rehabilitation program, a complete change in policy and approach to the drug issue is needed to protect the youth from drugs.

These examples only provide further evidence – if it is needed – that a more efficient way must be devised, moving away from the criminal justice system approach, towards a method based more closely on supply, demand, and harm reduction.

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MP Easa withdraws bill reducing penalty for refusal to provide urine

Opposition Maldivian Democratic Party (MDP) MP Ahmed Easa has withdrawn a bill reducing the penalty for refusal to provide urine from a one year jail term to 15 days in jail.

Easa proposed the amendment to the Drugs Act after the Criminal Court sought to prosecute MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor for refusal to provide urine when they were arrested on Hondaidhoo Island in August 2012.

If convicted with a one-year jail term, the two MPs may lose their parliamentary seats.

At the time, the MDP accused the judiciary of “purging” MDP MPs from parliament in order to influence the party’s simple majority in parliament ahead of several no-confidence motions against ministers of former President Dr Mohamed Waheed Hassan.

Easa said he had withdrawn the bill due to criticism from his own party and because he believes the police will be more professional with the election of President Abdulla Yameen Abdul Gayoom.

The Criminal Court’s Chief Judge Abdulla Mohamed has sentenced Hamid to six months in jail for disobedience to order after he refused to obey court summons to attend a refusal to provide urine trial.

Hamid contends the court summons were issued in violation of the Parliamentary Powers and Privileges Act which prohibits the judiciary from scheduling hearings during Majlis work hours.

Hamid had sought refuse inside the People’s Majlis when the six month jail term was issued. The MDP then amended the parliament’s standing orders to allow an MP convicted of criminal acts to continue to attend Majlis sittings.

The Home Ministry transferred Hamid to house arrest in mid November and Hamid has now left the parliament after four weeks.

New Home Minister Umar Naseer has said enforcing Hamid’s jail sentence would be difficult as the Department of Penitentiary and Rehabilitation Department (DPRS) does not have the facilities to transport Hamid back and forth from Maafushi Island jail to Malé.

“We have to arrange a speed boat to bring him to every single session if he is kept in a jail outside Malé. We may have to bring him two or three times a day,” he told local newspaper Haveeru.

Furthermore, Naseer explained that incarcerating Hamid in the Malé City jail was not an option because the jail was at full capacity.

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Inter-Parliamentary Union delegation arrive for urgent visit

A delegation from the Inter-Parliamentary Union (IPU) has arrived in the Maldives in order “to help find ways to improve trust and confidence between State institutions”.

“The frequent intimidation, harassment and attack of MPs as they go about their work have been deeply worrying,” read an IPU press release.

The organisation’s request for an urgent visit was prompted by the growing list of cases – 24 in total – involving Maldivian MPs currently filed with the IPU’s Committee on the Human Rights of Parliamentarians.

Local NGO Transparency Maldives has meanwhile called upon the Supreme Court to ensure that all MPs are treated impartially whilst calling upon members not to abuse parliamentary privileges for personal gain.

The IPU delegation, having arrived on Friday (November 1), will spend one week in the country during which time it will meet with government leaders, senior parliamentary authorities – including Speaker Abdulla Shahid, Police Commissioner Abdulla Riyaz, and members of the Supreme Court.

The group will also meet with President Dr Mohamed Waheed – recently returned from a private trip to Singapore and Hong Kong.

“The mission not only aims to promote confidence and trust between State institutions ahead of the forthcoming election, but also to have a better understanding of recent allegations of human rights violations against members of parliament. These include arbitrary arrests, attacks and intimidation, including death threats,” says IPU head of human rights programmes and mission member, Rogier Huizenga.

The delegation’s arrival follows a fraught week in the People’s Majlis, during which two MPs were unseated by the Supreme Court – a decision subsequently rejected by the speaker.

Meanwhile, Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor – who has sought refuge within parliamentary grounds – was handed a six month jail term by the Criminal Court.

Both the verdict for Hamid and for the MPs unseated by the Supreme Court were given in absentia, a tactic the MDP has described as reminiscent of “old autocratic practice”.

The party described the Hamid sentence as “the latest move by the Maldivian judiciary in a political witch-hunt to purge MDP MPs following the party’s newfound majority in parliament.”

Transparency Maldives

Whilst calling for neutrality in the courts, Transparency Maldives (TM) has also condemned what it characterised as “attempts to shape laws and rules for protecting personal interests of the Members of the Parliament and abuse of parliamentary privileges and the institution of the Parliament.”

In a statement last week, TM contended that such attempts “weaken the legal system and obstruct the rule of law. Similarly, such acts undermine the integrity of the Parliament, eroding public confidence in the institution.”

“Members of the Parliament must be provided with appropriate privileges and immunities in order to carry out their duties as lawmakers. However, Transparency Maldives reiterates its concern that the Parliamentary Privileges Act affords undue privileges and powers to the MPs,” the statement read.

The press release followed this week’s submission of amendments to the penal code, the Drugs Act and the parliamentary rules of procedure by the MDP.

The amendment to the penal code seeks to abolish article 81 regarding public servants exercising their authority to detain innocent persons. The MDP presidential candidate and former President Mohamed Nasheed is being charged under the article for the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The amendment to the Drug Act meanwhile proposes shortening the jail sentence for the offence of refusing a urine sample from one year to 15 days while the amendment to the parliament regulations would allow MPs convicted of a criminal offence to attend parliament and participate in votes.

In addition to his sentence for refusing to attend court hearings, MP Hamid stands charged of drug and alcohol offences, as well as allegedly refusing to provide police with a urine sample.

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Drug Court begins hearing cases

The Drug Court formed under the new Drugs Act began its first trial last week.

While the first preliminary hearings by the court were held on June 17, local media reported that the first trial commenced on August 15.

According to the Drug Court, 312 cases have already been filed and the court has ordered the National Drug Agency to draft indicative assessment reports for47 individuals to determine their level of drug addiction.

The Drug Court was established under the Drugs Act passed by parliament in 2011, which was intended to move away from a punitive approach against “small scale drug offences” to rehabilitating drug addicts.

In May, State Minister for Health and Family Lubna Zahir Hussein told Minivan News that the new law and court represented long-needed changes to drug policy.

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Criminal Court, Juvenile Court suspends drug cases awaiting formation of Drugs Court

The Criminal and Juvenile Courts have suspended all drug cases while they await the formation of a Drugs Court over the next two to three months. The decision follows stipulations for court formation provided in the recently-ratified Drugs Act.

Under Article 33 of the Act, all drug cases currently before the Criminal and Juvenile Courts must be transferred to the Drugs Court, following discussions between the Prosecutor General and judges.

Article 39 meanwhile requires the Judicial Service Commission (JSC) to appoint at least five judges to the Drugs Court within 60 days after the law was ratified.

After that two month period, the courts have 30 days to transfer those cases determined to fall under the jurisdiction of the Drugs Court.
Meanwhile, article 33(b) states that the Criminal and Juvenile Courts should not hear or accept drug-related cases during that period.

The Drugs Court will have jurisdiction over those charged with possession and abuse of drugs as well as those accused of committing criminal offences under the influence of drugs.

According to the Act, a specialised Drugs Court of superior court status will combat drug addiction by integrating rehabilitation services into the court system.

Traffickers will be tried in the Criminal Court.

A 2011 prison report by the United Nations Development Program (UNDP) argued that the unnecessarily high number of inmates serving drug sentences was a major concern for prison reform. A majority of inmates are males under the age of 30, while 66 percent of inmates are serving time for drug use or possession.
Speaking to Minivan News at the time, Co-author Naaz Aminath pointed out that most modern judicial systems carried heavier sentences for traffickers, “but here, traffickers get 25 years while small-time users get 60 to 80 years. These are not hard-core criminals, but they’re put away for almost their entire lives.”
Police officials today said that while drug arrests are made on a regular basis, they did not expect any complications to their work while the cases are suspended at the court level.

In a previous article, Police Drug Enforcement Unit Superintendent and Chief Inspector Mohamed Jinah said the bill would be “very useful and instrumental for the police enforcing the drug policies,” and would allow police to focus more on drug trafficking.

Jinah was unavailable for comment at time of press.

Ahmed Nazim, a Research and Development officer at Journey Rehabilitation Center in Male’, added that by distinguishing between the source (drug traffickers) and the consequence (drug use), the new system would reduce the amount of drugs on the street.
He said the Act “puts a lot of emphasis on giving addicts proper treatment”, and accepts the modern argument that addiction is a medical condition rather than a behavioral problem.

The Drugs Bill was introduced in 2009, detained in the Committee for Social Affairs since early 2010, and approved by Parliament on December 28. President Mohamed Nasheed ratified the bill on December 31, 2011.

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