Control of Illicit Drug Trafficking in Saudi Arabia - Coursework Example

An Analysis of the Principal Provisions Relating to Mutual Legal Assistance and Extradition in the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, with a Special Focus on the Kingdom of Saudi Arabia Name Grade Course Tutor’s Name Day, Month, Year Principal Provisions Relating to Mutual Legal Assistance and Extradition in the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, with a Special Focus on the Kingdom of Saudi Arabia Introduction A number of conventions were adopted across the world, in order to control the abuse and trafficking of drugs. Chief amongst these initiatives, which are in force, are the Single Convention or the United Nations Single Convention on Narcotic Drugs, 1961; the Psychotropic Convention or the United Nations Convention on Psychotropic Substances, 1971; and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. It has always been the objective to limit the trafficking and abuse of drugs, whilst ensuring the availability of drugs for scientific research and medical purposes.1 Several of the drugs that possess the potential to be subjected to abuse, have significant therapeutic value and importance in scientific research. However, there is substantial hiatus between the reality and scientific evidence, and the perception of the politicians and the public.2 The result is the absolute prohibition of certain drugs that could have medicinal value. An instance is provided by cannabis. The scheduling of drugs in the United Nations has a serious impact upon the health care provided across the world. This is on account of the fact that most of the countries of the world are signatories to the various conventions relating to the trafficking and abuse of drugs.3 Aims To scrutinize the cardinal provisions of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, and to identify the chief provisions that address issues related to extradition and mutual cooperation. Furthermore, the effect of the 1988 Convention on the legislation relating to illicit drug abuse and trafficking in Saudi Arabia has been discussed. Chief Provisions Relating to Extradition and Mutual Legal Assistance One of the chief changes effected by the 1988 Convention was to increase the number of offenses, in which extradition could be sought. Thus, money laundering, manufacture and distribution of the chemicals specified in Table I and II, were now made extraditable offenses. Extradition rules, per se, had been extant in the previous conventions. Article 6 of this convention promotes the principle of incorporating offenses related to drugs into the extradition treaties.4 Despite the fact that the 1988 Convention promotes extradition, there are certain provisions for circumvention. These apply if a nation is convinced that extradition would result in the punishment of the offender, due to his belonging to some particular religion, nationality, race or because of his political leanings.5 Several nations do not permit extradition, due to their constitutional principles. In such instances, Article 4 requires the national authorities to establish jurisdiction over the offense committed. However, many countries have now shown partiality towards extraditing offenders; and this trend has gained prominence, in the past score of years.6 The 1961 and 1971 Conventions codified control measures at the international level. This initiative was aimed at making available psychotropic and narcotic drugs for medicinal use and scientific purposes.7 At the same time, these conventions attempted to prevent the illicit use of these substances. In this context, the World Health Organization undertook the responsibility of assessing psychoactive substances from the medical and scientific perspective. This assessment constitutes the basis of the advice provided to the Commission on Narcotic Drugs, regarding the categorization of psychoactive substances, into the 1961 and 1971 treaty schedules.8 On the other hand the 1988 Convention was chiefly aimed at diminishing the international trafficking of illicit substances. The 1961 and 1971 Conventions were limited in scope, in dealing with this problem. The 1988 Convention includes comprehensive measures to address drug trafficking; and some of these are provisions to deal with money laundering, seizure of assets, agreements on mutual legal assistance, and measures to deal with the diversion of precursor chemicals.9 The 1988 Convention also, comprises of two such lists, which are named as tables. These lists specify the substances that are commonly utilized in the manufacture of narcotic drugs and psychotropic substances.10 The 1988 Convention has been termed as a drug trafficking convention, by some scholars. It has been interpreted by these scholars, as being limited to opposing the illegal traffic in drugs, at the domestic and international levels. A disturbing feature of the 1988 Convention is that it subscribes to the view that in the absence of a demand for illicit drugs there would have been no trafficking of drugs. Consequently, it advocates criminal measures against drug abusers.11 From the phrasing of the 1988 Convention’s preamble, it is evident that this convention takes a wider view of drug trafficking. As such, this convention aims to address not only the supply of illicit drugs, but also the abuse of these substances. This is a wide departure from the previous initiatives, in this area, which were chiefly aimed at suppressing the traffic in illegal drugs.12 Extradition is a major facet of the 1988 Convention. Article 6 of the 1988 Convention, specifies the offences that are to attract extradition. In the absence of an extradition treaty between the concerned nations, the provisions of this convention are deemed to be legally adequate for extradition. Unlike the previous conventions, the 1988 Convention requires a member state to enact legislation for extradition, in respect of drug traffickers, if that nation had not enacted extradition legislation.13 The 1988 Convention requires the member states to modify their laws and procedures, so that extradition requests can be dealt with in a speedy and efficient manner. Moreover, Article 7 stipulates that a party to this convention should appoint an authority, with adequate powers and responsibility to attend upon requests for mutual legal assistance.14 The parties to this convention are required to ensure mutual legal assistance, in order to combat the grave problem of illicit drug trafficking. Since, illicit drug trafficking is a worldwide problem, coordination and cooperation between the affected nations is inevitable. If the designated authority does not have the necessary authority to deal with a mutual legal assistance request, he should be empowered to forward such requests to the competent authority. In addition, requests for mutual legal assistance and related communications are to be forwarded through the authorities, specifically designated for this activity.15 Drug Trafficking Law in Saudi Arabia As a party to the 1988 UN Convention, Saudi Arabia accords a high priority to preventing drug abuse and trafficking. Saudi Arabia, as an Islamic nation, employs very stringent laws against drug traffickers and drug abusers. Those who are convicted of drug trafficking are in general executed. Despite the severity with which the Saudis deal with drug traffickers, there are many individuals and cartels that indulge in drug trafficking. The principal couriers of illicit drugs are the Pakistanis, and the chief source of illicit drugs is Pakistan.16 The affluence of the Saudi population and the prevalence of strict privacy laws, serve to render this country lucrative for drug traffickers. However, the Saudi government employs dedicated personnel and the latest detection and training programs to prevent this evil activity. In addition, the Saudi authorities have adopted educational programs that educate the populace regarding the disadvantages of such activity.17 Saudi Arabia has been regularly targeted by drug traffickers, because of the large influx of pilgrims, who traverse countries like Pakistan, where drugs are produced in abundance. In addition, there are no foreign exchange controls in Saudi Arabia, which makes money laundering an easy task.18 It has rightly been pointed out that the 1988 Convention fundamentally constitutes an instrument of international criminal law. The avowed objective of this convention is to harmonize the domestic legislation of the member countries that relate to drug related crime. Such harmonization is aimed at diminishing the traffic in illicit drugs, and this is to be enforced, by means of the various criminal sanctions and punishments provided in this convention.19 The parties to this convention are obliged to implement explicit criminal laws that are intended to prevent the trafficking of illegal drugs. Some of the areas to which these laws apply are money laundering, the confiscation of assets, extradition, illicit cultivation and trade in chemicals, and the substances employed in the manufacture of illicit drugs. There are a number of countries that do not have any legal provision for extradition, in offences related to drugs. In such instances, recourse can be had to Article 6 of the 1988 Convention, which provides the necessary legal basis for such extradition. Furthermore, the 1988 Convention requires state parties to legally assist one another, in the areas of seizures, searches and the service of judicial documents.20 In addition, to strengthening the previous conventions, the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances enjoins upon the member states to employ stern measures against the cultivation, purchase and possession of illicit drugs. Some of the punitive measures advocated by the 1988 Convention are confiscation of the offender’s property, incarceration, monetary sanctions and the withdrawal of liberty.21 A major change effected by the 1988 Convention relates to extradition in the context of drug offences. Member states are required to attend upon extradition requests from other member states. This convention at paragraph 11 recommends the setting up of suitable agreements to better facilitate extradition, between the member states. 22 Furthermore, if a state party’s laws make it mandatory for the existence of an extradition treaty for deporting drug offenders’, then it can utilize the 1988 Convention as a legal basis for such extradition, in the absence of suitable domestic legislation.23 If a state party fails to extradite a drug offender, then it is necessary for it to initiate prosecution of the offender, as per its existing laws, and this is the gist of Article 3, paragraph 1. A similar course of action is to be adopted, if the member state has established jurisdiction over the drug offence, and it is required to prosecute the drug offender. However, this applies, only if the requesting Party is agreeable to such a course of action; because on many an occasion, the requesting Party will be desirous of maintain its jurisdiction, in respect of the offence.24 The mutual legal assistance to be provided by state parties, in accordance with Article 3, paragraph 1 includes obtaining evidence or recording statements, serving judicial documents, conducting seizures and searches, providing evidence and information, making available financial statements and records, and tracking and identifying sums of money and property. 25 No state party can refuse mutual cooperation on the grounds of maintaining the secrecy of bank accounts. A state party is permitted to refuse mutual legal assistance, and some of the valid reasons for this are: if the request fails to conform to the provisions of the Convention; if the country that has to accede to the request, deems it prejudicial to its national interests; if the national law of that nation precludes the action requested; or if the request would contravene the legal system of the requested country.26 The Kingdom of Saudi Arabia provides for very severe punishment for drug related offences. It is the usual practice in this country to impose excessively harsh terms of imprisonment for the possession of even negligible quantities of narcotics. Such possession of narcotics can even result in life imprisonment.27 In the year 1987, the ulema ruled that the receipt of drugs from a foreign nation, and the distribution of drugs within the nation would attract the death penalty. Those who were found to be first time offenders were severely flogged and then imprisoned for long terms. The lot of second time offenders was gruesome, and such persons were summarily executed. In order to demonstrate the seriousness with which drug offences were viewed by the authorities, the Saudis executed some 9 offenders in the year 1987, and most of these individuals were non – Saudis.28 These measures have had a tremendous impact on the abuse and trafficking of intoxicating drugs. In this connection, the Saudi authorities have disclosed that by the year 1989 addiction to drugs had reduced by 60% and the abuse of drugs by 26%. The authorities maintained an unrelenting pressure against this pernicious activity, and by the end of 1991, around 110 sellers of drugs were arrested.29 It is the proud claim of the Saudis that the number of drug addicts in there is the least in the world. This has been attributed to the extremely severe punishments that the authorities inflict upon offenders. However, the abuse of drugs was evident among the youth of the affluent sections of society, who had developed addiction while their sojourns abroad.30 Despite the fact that the Saudi Régime provides scant information regarding the number and origin of its drug addicts, it strives hard to apprehend drug offenders. For instance, in one particular week, the authorities had detained 195 suspected offenders and confiscated large quantities of amphetamines, hashish and heroin. 31 Amphetamine has proved to be popular with the Arab youth, who attempt to ward off sleep and obesity with it. In addition, this drug is favored by young Arab females, as it suppresses hunger and thereby helps in controlling weight. The Saudis recognized the extreme harm that drugs could inflict upon their society and employed the Sharia concept of hiraba to inflict very severe punishment upon offenders.32 Hiraba means crime against society. The severity with which the Saudi authorities deal with drug trafficking can be evaluated from a recent incident, wherein a couple from Pakistan were arrested for smuggling in heroin. This Pakistani couple was apprehended at the King Abdul Aziz International Airport, and they had ingested small plastic bags filled with heroin. This couple was sentenced to death, for smuggling heroin. During the past 6 months 8 drug smugglers had been sentenced to death by the General Court in Jeddah.33 Saudi Arabia is home to a vast number of pilgrims, who visit the holy cities of Mecca and Medina. This makes it very convenient to procure a pilgrimage visa to this nation. Drug traffickers, principally from Pakistan and a few countries of Southeast Asia have taken advantage of this easy availability of visas to transfer illicit drugs from Pakistan to Africa, Europe and the US. The outcome has been a major problem, regarding drug trafficking and drug abuse for the Saudi authorities.34 A large number of drug traffickers have been arrested and inflicted with severe punishment, including execution. The 1988 UN Drug Convention is accorded considerable importance, in Saudi Arabia. The Saudi authorities are renowned for their serious endeavors to eliminate drug abuse and drug trafficking in their country. This nation is ruled by the Sharia, and drug trafficking has been made a capital offence. 35 Any drug trafficker, irrespective of nationality, is summarily executed. For instance, in the year 1998, 43 drug traffickers were put to death and some of these drug offenders were women. The chief source of drugs is Pakistan, and most of the drug traffickers are Pakistani nationals.36 Despite these shortcomings, Saudi Arabia does not face any major problem, on account of drug abuse. This is due to the fact that it implements very strict laws that provide for extremely harsh punishment. In addition, several campaigns have been conducted by the authorities to educate the people, regarding the harmful effects of drugs. Furthermore, a major deterrent has been provided by the application of the death penalty, since the year 1988, for trafficking in drugs.37 Saudi Arabia is a party to the UN Drug Convention of 1988. A joint economic commission was established between the US and Saudi Arabia, and this provides for the training of Saudi customs officials by their counterparts in the US. In addition, Saudi Arabia is a party to the International Convention on Mutual Administrative Assistance for the Prevention, Investigation and Repression of Customs Offenses. This is the so called Nairobi Convention, and it was formulated as an initiative of the World Customs Organization.38 Several measures have been adopted by the Saudis to strengthen their laws relating to the abuse and trafficking of illicit drugs. The Royal Decree No. 19 was issued on 10 February 1990, which served to ratify the 1988 Convention. Thereafter, legislation was enacted on 30 November 1998, by the Council of Ministers. This was the Decision No. 168, which stipulated the Executive Rules that provided the measures and procedures for implementing the 1988 Convention in its totality.39 There is very little, if any, production and cultivation of narcotic substances in Saudi Arabia. The recent initiatives employed by the Saudi authorities, have ensured a drastic reduction in the previous heavy influx of drugs, en route to other destinations in Africa, Europe and the US. The Saudi officials attribute this reduction to their increased vigilance and the employment of new enforcement techniques at the principal entry points into the country. This led to a significant increase in the confiscation of drugs, like amphetamines, cocaine, hashish and heroin. These drugs originate chiefly in Pakistan, and a few other nations like Afghanistan, Nigeria and Turkey.40 The Saudi Arabian authorities have declared that the United Nations has expressed its satisfaction with the stringent measures adopted by the former to curb the abuse and trafficking of drugs. It has been claimed by the Saudis that they have ranked third among the nations of the world, by the United Nations Office for Drug and Crime, with regard to its law enforcement agency networks.41 In Saudi Arabia, individuals who commit crimes like rape, murder and robbery are put to death by the sword. This punishment was extended to drug traffickers in 1987. A large number of offenders, principally foreigners, have been beheaded in Saudi Arabia; and these consisted mainly of the nationals of Pakistan and Somalia. 42 The Saudis disregard requests for clemency, even from the head of a state. In one instance, 20 nationals of Turkey were awaiting execution, after having been convicted of selling amphetamines. This led to demonstrations in Turkey, and a special envoy was despatched to the Saudi King, in order to seek clemency, and thereby reduce the sentence from that of death. The Saudi authorities ignored this request from the head of a sovereign nation. The Saudi Interior Minister stated that they strictly applied the Sharia, and ignored the opinion of other nations.43 Conclusion The 1988 Convention’s success was seen to rest, principally on the extradition process and mutual legal assistance. In order to make this a distinct possibility, the UN developed the United Nations Model Treaty on Mutual Assistance in Criminal Matters and the United Nations Model Treaty on Extradition. These model treaties address the problem posed by vastly differing national legal systems, political compulsions and languages44 . It is the aim of these treaties to isolate the differences in the various legal systems and to determine a compromise between them. It has been apprehended that there is substantial drug abuse and drug trafficking in Saudi Arabia. However, this is on a much smaller scale, in comparison to other nations. The reluctance of the Saudis to provide any information regarding this problem makes it difficult to arrive at an accurate assessment. Nevertheless, the large number of youth who are unemployed, affluence and stringent privacy laws, make it conducive for the populace to abuse drugs, in addition to making it lucrative for drug traffickers. The Saudis have adopted the 1988 Convention, in a manner that conforms to their Sharia law. The implementation of these laws is very stringent and the punishment for infringement is extremely harsh, and even first time drug abusers are incarcerated for very long prison terms with very severe flogging. In respect of drug traffickers, the usual punishment is public beheading. On occasion, some offenders are extradited. Moreover, Saudi Arabia takes a very serious view of the drug menace and extends its cooperation to the other affected nations. Bibliography 1. Articles/ Books Bewley – Taylor, David R, ‘Challenging the UN drug control conventions: problems and possibilities’ (2003) 14(2) International Journal of Drug Policy 171 Costa e Silva, J A, ‘Medicines and the drug control treaties: Is buprenorphine for opioid addiction at risk of being lost?’ (2004) 19 Human Psychopharmacology: Clinical and Experimental 215 Estimo Jr, Rodolfo C, ‘Workshop to discuss ways to combat narcotics menace’, Arab News (Riyadh), 12 May 2010 Gertz, Bill, ‘Saudis deport Syrians for selling hashish’, The Washington Times, 18 December 1990, Nation A3 Ghodse, Hamid, International drug control into the 21st century (2008) Hawari, Walaa, ‘Conference to combat drug menace’, Arab News (Riyadh), 25 April 2010 Krajewski, Krzysztof, ‘How flexible are the United Nations drug conventions?’ (1999) 10(4) International Journal of Drug Policy 329 Rugman, John, ‘Saudis Spurn Clemency Plea’, The Guardian (London), 22 August 1995, 10 ‘UN rates Kingdom third in world for fight against narcotics’, Samirad (Riyadh), 23 July 2003, 29 2. Treaties United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, (Entered into force 20 December 1988) United Nations Convention on Psychotropic Substances, (Entered into force 21 February 1971) United Nations Single Convention on Narcotic Drugs, (Entered into force 30 March 1961) 3. Other Sources A Report on Initiatives and Actions Taken by Saudi Arabia to Combat Terrorist Financing (2004) Saudi Arabian Monetary Agency < http://www.saudiembassy.net/files/PDF/SAMA_INITIATIVES_BY_KSA_UP_DATED_APRIL_2004.pdf > at 16 May 2010 Banerjee, Ronojit, Money Laundering in the EU < http://people.exeter.ac.uk/watupman/undergrad/ron/international%20conventions.htm > at 16 May 2010 Coutsoukis, Photius, Saudi Arabia Crime and Punishment (2004) < http://www.photius.com/countries/saudi_arabia/national_security/saudi_arabia_national_security_crime_and_punishment.html > at 16 May 2010 Drugs and the Law - The Runciman Report Schaffer Library of Drug Policy at 16 May 2010 Extradition (1999) World Policies < http://www.worldpolicies.com/english/us_vienna_extradition.html> at 15 May 2010 Mutual Legal Assistance World Policies (1999) < http://www.worldpolicies.com/english/us_vienna_legal_assistance.html > at 16 May 2010 Sinha, Jay, (2001) The History and Development of the Leading International Drug Control Conventions < http://www.parl.gc.ca/37/1/parlbus/commbus/senate/Com-e/ille-e/library-e/history-e.pdf> at 12 May 2010 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances < http://en.allexperts.com/e/u/un/united_nations_convention_against_illicit_traffic_in_narcotic_drugs_and_psychotropic_substances.htm > at 15 May 2010 United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances, 1988 < http://www.unodc.org/pdf/convention_1988_en.pdf> at 12 May 2010 US Department of State, International Narcotics Control Strategy Report (1993) Bureau of International Narcotics Matters < http://dosfan.lib.uic.edu/ERC/law/INC/1993/02.html > at 16 May 2010 US Department of State, Saudi Arabia (2000) Africa and the Middle East < http://www.state.gov/p/inl/rls/nrcrpt/1999/926.htm#> at 16 May 2010 World Drug Report 2008 < http://www.unodc.org/documents/wdr/WDR_2008/WDR2008_100years_drug_control_dev.pdf> at 11 May 2010 Read More