The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances - Essay Example

Saudi Arabia and Key Provisions on Mutual Assistance and Extradition in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Name Grade Course Tutor’s Name Day, Month, Year Saudi Arabia and Key Provisions on Mutual Assistance and Extradition in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances United Nations Convention against illicit Traffic in narcotic drugs and psychotropic substances, 1988 strengthened the fight against use and distribution of illicit drugs all over the world. To achieve this end, the convention sought to make it more difficult for culprits to enjoy the benefits of trade in drugs no matter their country of residence. Consequently, the convention specifically aimed to make the war against drugs international. Besides making resolutions dealing with exchange of information among states, the convention also made key provisions related to mutual assistance and extradition contained in article 6 and article 7 respectively. Saudi Arabia was one of the signatories and a party to the convention and is one of the most aggressive states in eliminating drug abuse and trafficking. Although Saudi Arabia lacks extradition treaties with many countries its largely religious shariah laws, various bilateral and multilateral drug enforcement and cooperation agreements, intelligence-sharing programs among other ways has given effect to the conventions articles on extradition and mutual legal assistance. Consequently, its cases of reported incidences of drug trafficking are lower than in most other states signatories to the 1988 convention. However, efforts are still required especially concerning various domestic laws and especially in acceding to more extradition treaties. The paper thus aims to determine to what extent Saudi Arabia, which is a signatory to the treaty has given strength to the convention. In order to determine The 1988 convention was an improvement on the 1961 convention on narcotic drugs. Among its articles, the provisions on extradition and mutual assistance were two of its major elements. The convention recognized the international nature of most drug related crimes. It largely noted that international cooperation was necessary if it was to suppress international trade in narcotics and psychotropic substances. Besides, the conference noted that eradication of illegal traffic of such drugs was a collective responsibility of all states and thus there was need for coordinating action within an international cooperation framework. Additionally, the conference observed that to fight illicit drug trade, existing treaties on fight against drugs ought to be recognized and effective legal means for international cooperation against illicit traffic developed. It is within such a framework that provisions of article 6 on extradition and article 7 on mutual legal assistance were included in the convention. Firstly, the convention recognized the need for a resolution on exchange of information, which was drawn from the 1961 United Nations conference on adoption of a single convention on narcotic drugs. The resolution aimed at recognizing the need to acquire technical information on international traffickers. The conference recommended having machinery in place to allow timely exchange of information on traffickers and various investigations worldwide. Consequently, the convention aimed to ensure that in carrying out various obligations contained in the various articles, the nation states must carry out such obligations within some basic principles. Firstly, the convention recognized that for successful implementation of the provisions, all parties were to carry out administrative and legislative procedures conforming to domestic legislative system. Furthermore, it also recognized the need to uphold various principles such as territorial integrity, sovereignty and non-intervention in other state affairs besides performing only those activities that are within a countries jurisdiction as provided by its domestic laws (United Nations, 1988). In carrying out legislative measures, Saudi Arabia as with other nations was to establish its own laws in support of the convention and in the fight against various noted drug related offences. The provision on extradition, article 6 of the United Nations convention against illicit drugs and psychotropic substances is applicable in accordance to established offences in article 3 chapter 1 of the UN convention. The offences include production, manufacture, extraction, sale, distribution, cultivation, possession, and any other illicit dealings with narcotics, psychotropic substances and properties attributed to such trade. The extradition provision also requires that where a nation without an extradition treaty with another state receives requests for extradition, the party may consider the extradition using the convention as the legal basis for the extradition. Where detailed legislation is required for extradition to be performed, the member states should proceed and enact such legislation if necessary. Where existence or lack of a treaty is not a requirement for extradition, extraditions should recognize the offences as outlined in the first paragraph of article 3 as offences that are extraditable. Additionally, the convention required that where a party deemed it necessary, it might request for additional information before executing request for mutual assistance. Such request is to be executed within the domestic laws of the party under request in a specified procedure. The requesting party must seek prior consent of the requested party if they intend to use the information or evidence provided for prosecutions, investigations or proceedings other than the reasons given for the request. The substance and fact of the request should be kept confidential except to the extent necessary to provide the assistance and whenever a requested party is not in a position to maintain the confidentiality so requested then they should inform the requesting party (United Nations, 1988). The provision also contain provisions under which mutual legal assistance may be denied including where the request fails to conform to the provisions of the article on legal and mutual assistance, and where there is a risk of prejudice in terms of sovereignty, public order, essential interests and security. In other circumstances such as where the requested party domestic law would prohibit carrying out the same action if the action was subject to proceeding, investigation and prosecution under their jurisdiction in regard to a similar offence. Again, if it is against domestic legal systems the requested party may refuse to grant legal assistance. Where a party refuses to extradite it should give reasons for its refusal. In some circumstances mutual. where mutual legal assistance is postponed on the basis that it may interfere with other ongoing investigations, proceedings or prosecution , the party requesting assistance may request that assistance be given subject to some necessary terms and conditions. In dealing with experts or other individuals who agree to provide assistance in prosecution, investigations or proceedings in the requesting parties territory, such an individual may not be detained, prosecuted or punished or restricted in any way in regard to omissions, conviction or acts prior to departing from the requested parties territory. Only after fifteen consecutive days after the individual has been informed official that his presence may no longer be required and having had an opportunity to leave but remains or leaves and returns voluntarily can the individual be prosecuted, punished or detained. The issue of who undertakes to cover extradition costs is also addressed in the provision. The convention posits that unless the parties agree, extradition cots should be borne by the party requested and only in those circumstances that require extraordinary costs will the parties agree on how and who to bear the cost. Finally, the article posited that the parties involved ought to consider multilateral or bilateral agreements that will strengthen their ties and enhance provisions on extradition and mutual legal assistance. Extradition should also be subject to the law of the party that is being requested to extradite or to the treaties applicable including the grounds for a refusal by a party to extradite (United Nations, 1988). The convention further submitted that where competent judicial authorities suspect that there are substantial grounds that discrimination may occur based on religion, race, political opinions and nationality, or where prejudice to individuals affected by the extradition request, a state might refuse to extradite. If no such reasons for refusal to extradite exists parties extraditing should expedite with the procedures for extradition, simplify requirements for evidence in relation to the mentioned offences. Additionally, where the domestic laws of a state allows when a party is satisfied that there exists an urgent need for an individual to be extradited, the state may upon request by the other party facilitate the extradition by taking into custody such an individuals and ensuring their availability at the extradition proceeding. Where the requested state does not extradite even after considering that an offence exists based on the predefined offences in article 3, and where the laws of the state allows, the state should facilitate the prosecution of the individual by competent authorities unless otherwise a different agreement exists between the requesting state and the extraditing state. Secondly, where despite establishing the offence a state refuses to extradite and it identifies that it has jurisdiction over the offence as outlined in its fourth chapter, the case should proceed to be prosecuted by an authority that is competent enough unless the requesting party requests otherwise for purpose of retaining its legitimate jurisdiction (United Nations, 1988). The convention requires that where for the purpose of enforcing an imposed sentence from a state requesting extradition, the requested state refuses to extradition where the individual is its national , the requested state should proceed to enforce the sentence imposed by the requesting party or part of the remaining sentence thereof where its domestic law allows. The convention also requires that the parties should carry out multilateral and bilateral agreements to enhance effectiveness of extraditions or to carry out extraditions. Other bilateral or multilateral agreements either general or ad hoc should aim to enhance transfer of individuals imprisoned in one country by allowing convicts from one state to finish their sentences in the country requesting extraditions. Besides provisions on extradition, mutual assistance provisions are also a major element of the 1988 convention on illicit drugs and psychotropic substances. Article 7 of the convention explicitly identifies the conditions under which extraditions may be performed. Among the provision, the article posts that various parties should provide varied measures in mutually assisting each other in the investigation, judicial proceedings on the offences established in the first paragraph of article 3 and in consequent prosecutions. Furthermore, the provision on mutual legal assistance requires that assistance should be accorded in various situation that include, when taking statement or evidence from individuals, executing seizures and searches, effecting services of judicial documents, examining sites and objects besides providing information and items of evidence. Other situations include provision of original or copies of documents such as business records, bank records, financial and so on. Additionally, assistance should be given in identification and tracking of instrumentalities, properties and other proceeds from illicit drug and psychotropic substances trade for evidentiary purposes (United Nations, 1988). Any other form of mutual legal assistance allowed by the domestic law of the party requested for assistance should be accorded appropriately. In consistency, with their domestic laws parties involved in the convention should encourage and even facilitate where the domestic law allows having individuals who consent to participate in proceedings available for such proceedings. Such individual may include individuals already in custody. The convention also prohibits a party failing to make available information for purposes of legal assistance on the grounds of bank secrecy. The convention also recognized the supremacy of other multilateral and bilateral treaties governing aspects on mutual assistance on criminal matters between different states. Consequently, it purposes that the article will not affect other obligations on treaties related to mutual legal assistance in criminal cases (United nations, 1988). The provisions also touch on issues to do with the procedure and authority for request of mutual legal assistance and extraditions especially where no treaties exist. Where treaties exist, the outlined procedure in the treaties should be observed. On the other hand, where a party is not bound to assist legally, an authority should be designated to apply and execute the requests for mutual legal assistance and to submit requests for mutual legal assistance to competent authorities to execute. Such identified authority should be notified to the United Nations Secretary- General. Consequently, any subsequent communication regarding mutual assistance sought by either party should be directed to the authority designated. The parties however hold the rights to require that such communication follow the normal diplomatic channel in circumstances that are not urgent and where the parties agree, through the International Criminal Police Organization. The conventions provisions also require such request to not only be in writing but also in an acceptable language to the requested party. Only where the parties have agreed can they orally make request must be forthwith confirmed through writing. The written request must also fulfill among other elements the identity of the authority making the particular request, the nature of the subject, investigations, evidence of prosecution to which it relates to the case, the proceedings of the prosecution, and the functions and name of the authority making the requests. Relevant facts should also be provided in addition to description of the details that the requesting party would wish to be followed and the specific type of assistance that would be desirable. The nationality, location and identity of a concerned individual should be provided where possible. The purpose for seeking information and evidence should also be sought (United nations, 1988). Whereas Saudi Arabia does not make public its statistics on interdictions, drug trafficking and consumption of illicit drugs among its population, its relative affluent and its stringent privacy laws, makes it a desirable target for drug traffickers ( ). Additionally, a dearth of conventional recreation options considering its strict conservative Islamic religious culture, and ease of money laundering considering lack of foreign exchange controls further make it a desirable destination for drug traffickers ( ). Saudi Arabia Laws Related to Extradition Saudi Arabia has additionally enacted laws providing for mutual support and extradition. In order to assist in enacting extradition and mutual legal assistance laws, Saudi Arabia has a permanent committee on mutual assistance known as the Permanent mutual Legal assistance committee ( ) .The legal system of Saudi Arabia is based on the Islamic Shariah rules base on the Quran and from statutes that do not contradict the Shariah law stemming from the ruler. Since drugs crime is often related to money laundering, a provision on seizure of assets proceeds from narcotic trafficking is contained in article 80 of the criminal code against money laundering. The basis for receiving and executing of a foreign request for either freezing, seizure, confiscation or tracing proceeds from narcotic trafficking. The 2003, article 12 of the law on mutual assistance concerning a suspected bank account requires that where a foreign authority intends to seek such information as pertains to a bank details, law enforcement personnel must pass through Saudi Arabia Monetary Agency (SAMA). Under article 13 of the law (2003), the law permits the SAFCU to disseminate information from financial institutions to other states upon requested on the basis of existing bilateral agreements, multilateral agreements or where no such agreement exists through use of a reciprocal government agreement. Following its signatory to the 1988 convention, Saudi Arabia has significantly applied the death sentence against drug smugglers, and deported and jailed drug expatriate abusers ( ). Saudi Arabia constitution under article 42 states that the rules and procedure for giving political asylum and on extraditions should be defined by the rules and procedures, which governs extradition of common criminals (Saudi Arabia Constitution, 1992). In addition, Saudi Arabia has implemented various measures aimed at defeating illicit trade in drugs including stringent application of laws based on the strict Islamic Legal code the Sharia Law, a large network of overseas liaison officers tasked with drug trafficking law enforcement, various training programs besides its use of sophisticated equipments ( ). Creation of Bilateral and Multilateral Agreements Another major way that Saudi Arabia has shown commitment fighting illicit drugs and psychotropic substances is through the Arab league convention. Saudi Arabia together with other Arab States established the Arab convention against use and illicit trade of narcotic drugs and psychotropic substances. The measures identified in this convention borrows heavily from the United Nations convention on psychotropic substances but are more stringent than the ones identified in the United Nations convention in narcotic drugs and psychotropic substances. Saudi Arabia being a party to the United Nations convention on narcotics and psychotropic substances has given effect to the law and in practice to the provisions in the convention. Concerning the provision on extradition and mutual legal assistance, Saudi Arabia has entered into various bilateral and multilateral extradition treaties but mainly with other Arab nations and less so with non Arab nations. Most of its extradition agreements are under the 1952 Arab league extradition agreement. Recently, Saudi Arabia signed an extradition treaty with India. Saudi Arabia also has bilateral treaties with Turkey, Jordan, and Syria and a non-binding agreement with the United States among other nations. Any treaty on extraditions made among various states to the convention applies to the crimes mentioned in the convention and various parties are required to recognize them as extraditable crimes (United Nations, 1988). Saudi Arabia has recognized all such offences in the convention as part of extradition treaties and thus extraditable. Extradition where no Extradition Treaty Exists In other cases where no extradition treaties exist between other states and Saudi Arabia, the state may upon request decide to extradite. Saudi Arabia has strongly advocated for a binding international framework on extradition up and above the bilateral trade agreements. Saudi Arabia in this regard facilitates more simplified extradition procedures. Saudi Arabia has also sought to reduce bureaucracies and ensure faster processing in cases of requests for extradition through establishment of a central national authority that has direct contacts with respective authorities in other states ( ). The simplification is especially helpful because it ensures faster provision of mutual legal assistance. Saudi Arabia consequently fulfills the demands of the United Nations model treaty on extradition. Another way that Saudi Arabia has given strength to the provisions on extradition and mutual legal assistance is through limiting the number of documents necessary when requesting for extradition ( ). Consequently, Saudi Arabia only requests documents necessary for identifying the individuals requested for extraditions, documents on provisions related to the law for which the individual is being sought for extradition and the offence committed and the requesting states penalties for the offence upon conviction (McAllister, 2000). Circumstances under which Mutual Legal Assistance and Extradition May be Denied Saudi Arabia has also identified the circumstances under which extradition may be denied. The only reasons that Saudi Arabia accepts as a reason to refuse extradition include where the sovereignty of a state is at stake, where there is a chance of double criminality and ne bis in idem, and also where the extradition involves its own nationals ( ). In other cases such as where the requesting state possesses insufficient prosecution or in case of amnesty, offences involving military, and political and fiscal matters . Saudi Arabia often prefers the Arab league extradition agreement to the United Nations Model treaty on extradition on the basis that the latter is not sufficient in addressing most of the situations faced by states such as Saudi Arabia due to the difference in culture (McAllister, 2000). Authority in Extradition and Mutual Legal Assistance The ministry of interior is tasked with the authority of dealing with issues following requests for mutual assistance and extradition. In order to facilitate the fight against drug trafficking Saudi Arabia besides signing a number of bilateral agreements , multilateral agreements, conventions and treaties on drug enforcement cooperation assistance has also made major efforts especially in ensuring mutual assistance among the gulf states through the Gulf Cooperation Council ( ) . Foreign requests for mutual assistance as required by the provisions on mutual and legal assistance in the United Nations Convention on Narcotics and Psychotropic substances must pass through an identified authority. In the case of Saudi Arabia, all requests for assistance and responses on the requests are carried out by the MLAC. Furthermore, where it is not clear on what type of assistance may be provided the grievances court, which has the overall authority to resolve requests for enforcement of foreign judgments, may be approached. Besides, Saudi Arabia is also a member of UNDCP and is a major participant in international training programs on law enforcement on drug trade. In addition to these policy initiatives, Saudi Arabia also acceded to the 1977 International Convention on Mutual Administrative Assistance for the Prevention, Investigation and Repression of Customs Offence which deals with providing assistance in cases of action on individuals involved in smuggling of narcotics and psychotropic substances (United Nations, 2002). A Case of Extradition from Saudi Arabia One of the most publicized case of extradition of drug peddlers and mutual assistance taken by Saudi Arabia Challenges facing Saudi Arabia Although Saudi Arabia is clearly one of the most successful states in the fight against drugs and despite its efforts in meeting the needs on mutual legal assistance and extradition, more effort is required especially concerning provision of information to a foreign state. The requirement that such information should pass through SAMA increases bureaucracy and may unduly delay provision of timely and effectively legal assistance (Financial Action Task Force, 2008). Saudi Arabia was one of the signatories and a party to the convention and it is clear that it is one of the most aggressive states in eliminating drug abuse and trafficking. Although Saudi Arabia lacks extradition treaties with many countries its largely religious constitution, various bilateral and multilateral drug enforcement cooperation agreements, and intelligence-sharing programs among other ways has made it a strong opponent of drug trafficking and use, a strong supporter of extraditions and mutual assistance in some cases. However, more efforts are still required especially concerning domestic laws and especially in acceding to more extradition treaties and provisions for information request to pass through SAMA. References United Nations (1988). UN convention against illicit traffic in narcotic drugs and psychotropic substances. United Nations Office on Drugs and Crime. McAllister, W.B. (2000). Diplomacy in the twentieth century: An international history. New York: Routledge. Financial Action Task Force (2008). Financial Action Task Force on Money laundering. Paris: FATF Secretariat. United Nations. (2002). Report of the expert working group on UNDCP model legislation for OIC members. Vienna: United Nations. Read More