The Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances - Assignment Example

International Customs Law Abstract Illicit traffic of drugs and psychotropic substances has for a long time been a threat to the economies and humanity of many communities across the globe. Saudi has not been exceptional in this regard and just like many other countries, she has tried tirelessly to curd this practice (Bolt, 2007). This paper focuses on particular interest on how Saudi Arabian laws have in accordance with the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 to fight drug trafficking crimes in the country. This paper will as well try to analyze the effectiveness of the cooperation between Saudi laws and the international community represented by the Convention in as far as the fight against drug and psychotropic substance trafficking is concerned. This paper will argue about these issues and will relate through practical exemplification of the reality of the presence of drug crime in Saudi. In addition the paper will shed some light on the harsh death penalty sentence on drug offenders as required by the Saudi Islamic Legal code which treat drug trafficking as a capital offence that should be enforced to both non Saudis and Saudis equally. Introduction The Saudi Arabian government has been relentlessly participate together with the international community in the fight against illicit traffic of drugs and other psychotropic substances which apart from intimidating legitimate trade of these drugs, it also threatens the livelihood of many populations. It is important to consider that many of these drugs and psychotropic substances remains potentially a target to the youth. This proportion of the population being the most productive members in these populations, the illicit traffic of drugs and psychotropic substances has remained a big blow to the economic development of the se communities. The practice also denies the government much revenue and scares away international investment within the country. The relationship that has been attributed to exist between illicit traffic of drugs and psychotropic substances and other crime cannot be over emphasized. Many countries where illicit traffic of these drugs exists have high crime rates a phenomenon which adversely scares away foreign investments. In general, the negative effects that are as a result of illicit traffic of drugs and psychotropic substance abuse are far reaching (Bolt, 2007). Drugs laws in Saudi Arabia dates back many years ago when the issue of drugs was not of major concern in many countries. This occurred even when control of drug trade was regulated not in such countries like the United States, Britain, China and several others (Bolt, 2007). The responsibility was regarded as social and was left in the hands of the individual involved rather than a social responsibility. This particular law was less of a custom law because it only saw the induction of duty in the importation of opium. The effect was less felt because the traders would do at least anything to oversee that their trade was not subjugated. The elevated levels of trade and the negative effects this trade had on the economy as well as to the humanity of the populations necessitated imposition of more strict laws to mitigate this trade and to finally to stop the trade (Bolt, 2007). The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances remains the greatest achievement that the international community has achieved in the war against this trade. The achievement that has been realized as a result of this Convention is significant. However, there still remain some loose ends that the Convention should take as a challenge and the international community has a role to play to ensure that this vice is eradicated completely (UN, 2009) United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 and Saudi Arabian Customs Law In an effort to control drug trafficking the country has signed the three international conventions on drug control. One of these conventions is the UN Convention against illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. The Convention has provided a platform where the international community comes together and joins hands in fight against illicit traffic in narcotic drugs and other psychotropic substances. It calls for international cooperation among the members to participate in creating a more effective and comprehensive approach to this problem. Article 2 of the Convention call for the members to carry out their obligations in the legislation and administration and that they should offer the requisite financial provisions to assist in the fight against the trade (UN, 2009). The Saudi Arabian government has in this accord ensured that it has placed laws that enforce the police department to conduct necessary practices in search of drugs in individual premises. Saudi Arabia being an Islamic country, all individuals are expected to behave in accordingly at all times. Matters regarding illicit drugs are treated so seriously. In the country consumption of alcohol is illegal hence making the use of other illicit drugs an offence that is punishable by death. Section 148 of the Law Enforcement (Powers and Responsibilities) Act 2002 allows the police to use sniffer dogs without a warrant to detect illicit substances. There are even religious police who have powers to arrest people suspected to be dealing with drugs. Police can therefore use a dog for general drug detection without a warrant for a person “who is at, entering or leaving: a public place being used for ‘a sporting event, concert or other artistic performance, dance party, parade or other entertainment’ a train, bus or light rail vehicle, on a prescribed route, or a station, platform or stop.” (Law Enforcement (Powers and Responsibilities) Act 2002, s 148) The police have also been granted the right to use drug detection dogs in a general drug detection process on persons in streets or in their cars as included in the Law Enforcement (Powers and Responsibilities) Act 2002, section 149. The same Act in section 147 continues to empower the police in their work of general drug detection (UN, 2009). Section 155 of the same act explains that where the police suspect that a person has swallowed or is internally concealing a prohibited drug and that the person has committed or is committing an offence involving supply of a prohibited drug, they may detain them to arrange an internal search (Law Enforcement (Powers and Responsibilities) Act 2002, section 155). They have also been given authority to search property for the presence of illicit drugs upon suspicion. In this regard, sections 48 and 47 of the Law Enforcement (Powers and Responsibilities) Act 2002 provides that “to enter a person’s home or any other private property without an invitation, the police must have a search warrant. This means that they must swear on oath to an authorized officer that they have reasonable suspicion of a crime being committed on those premises, and the basis of that suspicion” (UN, 2009) Anyone found to have engaged in illegal substances in Saudi Arabia, even without his or her knowledge may be expelled, arrested, imprisoned or even executed. Suspects in such matters can be detained without any charges or be given legal counsel. The penalties for import, manufacturing, possessing and consuming alcohol or illegal drugs in Saudi Arabia are so severe. Convicted individuals usually get long jail sentences, heavy fines and can be even subjected to public floggings or even deportation. Penalty for trafficking illicit drugs in the country is death. According to the General Directorate of Narcotics Control, different forms of punishment are there based on whether one is a narcotics smuggler, dealer or user. The punishment for those found smuggling narcotics in Saudi Arabia Kingdom is death. Any individual who is found to be importing narcotics from abroad and distributing it to other dealers is considered a smuggler. According to narcotics, law in the Kingdom there is a difference between those who are found dealing with narcotics for the first time and those who have been convicted previously over the same. The punishment for first time offenders can either be lashing, imprisonment, financial fine or all. If an individual is found to have repeated the offence, the punishment is increased and the individual may be sentenced to death. Narcotic users in Saudi Arabia are often jailed for two years or punished based on the judge’s decision. If in any case the offender is a foreigner, he is deported from the country. Any narcotic user who has enrolled in a treatment programme is not questioned, but admitted into specialized hospitals where they are taken care of. The Saudi court system honor the provisions of Article 3 of the Convention by ruling that narcotic user should undergo a treatment programme and they should report successful completion of the treatment programme to a law court where the judge can determine the course of penalty taking into consideration of the treatment programme. The Saudi law is in accordance with the recommendations of UN and hence it treats narcotics addicts as individuals in need of treatment (General Directorate of Narcotics Control, 2011). Students found dealing with narcotics in Saudi Arabia are given special treatment as provided by the law. The law excludes convicted students from punishment and has instead limited it to monitoring and disciplining them, the guardians to these students must commit to guide and educate them and ensure that they reform. In order for one to benefit from this exclusion from punishment he/she must meet the following conditions: be of age not more than 20, be dedicated in school, neither a dealer nor a smuggler of narcotics, be free from other narcotic related crime in the past, the offence not related to other ethical crimes, and the student should not have resisted arrest. In addition, the law states that the jail term for the student offenders should not exceed 3 months or punished by 50 lashes (General Directorate of Narcotics Control, 2011). Collectively, the Saudi Arabian government has ensured that ample financial aid had been accorded to potential private and government sectors that direct their efforts in trying to mitigate illicit drug traffic and abuse of narcotic drugs and psychotropic substances. This appears in conformity with the provisions of Article 2 of the UN Convention against Illicit Traffic of Drugs and Psychotropic Substances of 1988. Article 3 of this Convention details the nature of the offences and sanctions that are to be imposed upon offences made in contradiction of the provisions (UN, 1988). An example of the assistance offered by the Saudi government in the fight against illicit drugs is the ongoing project by UNDCP that is aimed in providing symposium on the fight against narcotic drugs. This project is proposed to require around US$ 20,000 to ensure it meets its objectives. Saudi government has offered to assist in fund raising. In addition the government contribute US$ 50,000 annually but promised to increase the contribution substantially if there is a programme of cooperation developed by UNDCP due to the symposium (UNODC, 2007). Article 7 provides the basis at which legal assistance will be conducted in matters relating to investigations, prosecutions and in judicial proceedings in relation to criminal offences as outlined under Article 3 (1). Involved parties are required to offer any forms of assistance with one another when such assistance is important in rendering jurisdiction of offences carried out within their territory or as it is provided under Article 4 of the Convention (UN, 1988). The kind of assistance that can be offered include taking evidence from persons, examining sites and objects, identifying proceeds, properties, instruments or other things that can be used for evidence purposes, executing seizure and searches. Saudi Arabia has implemented this provision and has set up laws regarding importation and exporting of prohibited drugs Article 12 provides for the action to be enforced in cases regarding use of substances in illicit manufacture of narcotic drugs or psychotropic substances. Paragraph 1 of this Article provides that States shall co-operate in taking necessary measures to preclude diversion of substances listed in table 1 and 2 to be used in illicit manufacture of narcotic drugs or psychotropic substances (UN, 2009). Paragraph 9 provides the basis of trade in these substances listed in table 1 and 2. In this regard, the Convention requires States to establish and maintain systems to monitor international trade of such substances in order prevent illicit trafficking of these substances (UN, 2009). Saudi Arabian government being a party to this convention adheres strictly to the provisions of this article. Saudi Arabia although a party to the 1988 Convention does not regard itself to be bound by Article 32 paragraph 2 and 3. This article is about settlement of disputes between members states that are party to this Convention. Paragraph one requires that any dispute that arise between one or more parties relating to the application or interpretation of the Convention, the parties should consult with each other so as to settle the dispute either by enquiry, negotiation, mediation, arbitration, judicial process, conciliation, recourse to regional bodies or through other peaceful means that the parties may decide on. Paragraph 2 goes ahead to state that any dispute that cannot be addressed using the means provided in paragraph 1 should be referred at the request of the parties in dispute to International Court of Justice. According to paragraph 3, if the dispute involves regional economic integration organization as mentioned in article 26 (c) and cannot be settled in a manner prescribed in Article 36 (1) then through the member state of the UN may request an advisory opinion of the International Court of Justice which is in line with Article 65 of the Statute of the Court, and the opinion may be regarded as decisive (UN, 1988). Saudi Arabia is not bound by the two paragraphs because most of the issues especially regarding drug trafficking does not conform to what other member states do to the offenders. Drug traffickers in Saudi are sentenced to death unlike in other states where the offence is not punishable by death. Such cases are likely to cause dispute between any nation that has had its citizen found by drug trafficking offence in Saudi. But since the Saudi is not bound by the two paragraphs in Article 36 then it can go ahead and execute even foreigners that are caught engaging in drug trafficking. In addition, the ratification of the Convention by the Saudi government does not constitute recognition of Israel and it shall not give rise to any dealing with the country in any way (UN, 1988). In the last few years, Saudi Arabian government has been working in collaboration with other governments to control drug trafficking. An example of this being the recent meeting between Saudi Arabia Pakistan officials whose agenda was to revive the anti drug trafficking initiatives between the two nations. In the recent past, there have been reported cases of a massive inflow of illicit drugs to our country from Pakistan. Saudi narcotics Police have reported to arrest 195 Pakistanis on charges of drug smuggling in the year 2010 alone. These offenders were later indicted for the offence. However, over 20 of those offenders were arrested in possession of drugs were beheaded. This was in compliant with the local law that requires that an individual found smuggling drug be given a death sentence. The collaboration between the two governments will go a very long way in ensuring that incidents of drug trafficking between the two countries are minimized as much as possible. Pakistan has also promised to launch a awareness campaigns to educate its citizens on the death penalty for those found engaging in smuggling drugs as prescribed by Saudi Arabia law (Gishkori, 2011). In an effort to discourage drug trafficking in the country, a number of death penalty been carried out. It has been argued that Saudi Arabia remains at the top among countries that execute the drug offenders. According to the anti death penalty group, every year dozens of people have been executed in Saudi Arabia for the past ten years, with figures ranging from 38 in 2004 and 90 in 2005. These statistics although worrying, just shows how Saudi is strict in matters regarding drug trafficking (Brownfield, 2011) Conclusion The Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances together with the Saudi government has made impeccable contribution to the fight against illicit traffic of narcotic drugs and psychotropic substances in Saudi Arabia and the world at large. It is important that the signatories to the Convention to understand the importance that is attached to international co-operation in the fight against illicit trafficking of narcotic drugs and psychotropic substances (UN, 1988). They should realize that this is not and country’s responsibility but rather it calls for international community to come together if wiping this vice is anything to go by. Illicit trafficking of narcotic drugs and psychotropic substances is not only a burden to a countries economy but also poses a threat to humanity. It is therefore necessary that countries who have not taken heed of the importance of becoming signatories to the Convention should embrace the opportunity (Bewley-Taylor et al, 2003) In Saudi, the government has managed to bring down significantly the levels of crime related to illicit trade in narcotic drugs by imposing harsh laws to those convicted of committing these crimes. Being a party to the three international drug control convention has also gone a very long way in dealing with issues related to illicit drugs in the country. The penalty sentence for drug offenders has discouraged many individuals from engaging in drug trafficking offences. However, as mentioned earlier such cases still exist and during the last decade individuals both nationals and foreigner have found themselves facing this strict arm of law. This has made Saudi to remain in the top among the countries that execute drug offenders. There however remains a challenge to the government to completely eliminate the remaining elements that still pose a threat in as far as illicit trafficking of drugs in and out of the country is concerned. References Bewley-Taylor, David R. & Fazey, S. J. (2003) The Mechanics and Dynamics of the UN. Retrieved from http://wn.com/United_Nations_Convention_Against_Illicit_Traffic_in_Narcotic_Drugs_and_Psychotropic_Substances_1988 Bolt S. (2007). Hot topics: Legal Issues in Plain Language. Sydney: Legal Information Access Center Brownfield, W. (2011). International Narcotics Control Strategy Report: Volume I: Drug and Chemical Control. New York: DIANE Publishing General Directorate of Narcotics Control (2011). Narcotics dealers' punishment according to Saudi law. Retrieved from http://www.moi.gov.sa/wps/portal/narcoticscontrol/!ut/p/b0/04_Sj9CPykssy0xPLMnMz0vMAfGjzOLd_cKCjd09jA0NXM2cDTwDTT38vU1DDbyDzfSDU_P0C7IdFQHw6duc/?WCM_GLOBAL_CONTEXT=/wps/wcm/connect/main/Narcotics+Control/Main/Penalties/ Gishkori, Z. (2011). Pakistan, Saudi Arabia Work to curb drug trafficking. Retrieved from http://tribune.com.pk/story/130340/pakistan-saudi-arabia-work-to-curb-drug-trafficking-national/ United Nations (1988). United Nations Conference for the Adoption of a Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Retrieved from http://www.unodc.org/pdf/convention_1988_en.pdf United Nation (2009). World Drug Report 2009. New York. United Nations Publications UNODC (2007). Saudi Arabia: Overview of Drug Control Situation. Retrieved from http://www.unodc.org/egypt/en/country_profile_saudiarabia. Read More