Categories
Journalistic Survey
Articles
Reportage
Analitic
Photo Reportage
Exclusive
Interview
Foreign Media about Georgia
Editorial
Position
Reader's opinion
Blog
Themes
Children's Rights
Women's Rights
Justice
Refugees/IDPs
Minorities
Media
Army
Health
Corruption
Elections
Education
Penitentiary
Religion
Others

To Be Punished or Treated?

October 28, 2011

Salome Achba

Shall we punish or treat them? – The question has been frequently asked in regard with drug-addicts in Georgia. The developed world has already realized that old methods of struggle against drug-addiction are useless and different, more liberal approach to the problem is urgently necessary.

“Global war against drugs has ended with failure,” the UN World Drug Report 2011 reads. With the report, the UN calls upon its member states to create more liberal laws and to stop criminal prosecution of drug-addicts.

According to the Georgian legislation, every drug addict is a potential prisoner. A person, detained for drug-addiction for the first time, is fined with 500 GEL under the Administrative Code of Georgia. If the person is repeatedly suspected in drug-abusing or purchase-possession of narcotics within one year, he will be charged under Article 273 of the Criminal Code of Georgia which envisages a fine of 2 000 GEL or socially useful labour from one hundred and twenty to one hundred and eighty hours in length, or by jail time up to three months or by imprisonment for the term not in excess of one year.

Doctor-narcologist and director of the non-governmental organization Alternative Georgia Davit Otiashvili believes that current Georgian legislation aims to punish drug-addicts rather than recover them from the addiction. “Drug-addicts, who do not realize narcotics, shall be punished neither by Criminal Code nor Administrative Law. Prosecution of drug-addicts does not have positive impact. So, the law shall be liberalized. In parallel to it, healthcare and social programs shall be available for drug-addicts. It is noteworthy that liberalization of the law in every country worldwide did not result in the increased of drug-addicts.” 

Lawyer Aleksi Shoshikelashvili thinks the Georgian law violates international standards in regard with the drug-addiction. “International standards, including the UN covenant on civil and political rights, state that a person cannot be discriminated on any ground including drug-addiction.

This requirement is ignored in Georgia and drug-addicts cannot enjoy set of civil and political rights.”

The argument of opponents of the decriminalization is: strict punishment measures against drug-addicts compel them to quit drug-addiction and simultaneously it is kind of preventive measures for youngsters.

Chair of the healthcare committee of the Parliament of Georgia Otar Toidze thinks that every person, who violates the law, including drug-addicts, shall be punished. As for the Georgian law on narcotic crimes, he believes it is more liberal than in other countries. “Every person, who violates the law, shall be placed in prison. Drug-addict is punished not only by Georgian law, but under the laws of other countries. So, Georgia is not an exception. Furthermore, Georgian law on narcotic-crimes is more liberal than in other countries. Besides that, who said that drug-addict is prosecuted under the Criminal Law?! Initially they are fined and criminal liability is imposed on them only in case of second and third facts. Drug-addicts are not sent to prison for treatment. They are sent there to be isolated from the society. To tell the truth, we implement rehabilitation programs in our country apart of punishment ones.”

International standards and narco-policy in European countries significantly differ from the Georgian policy. Several European states already have a good practice of liberalized law. For example Portugal - where decriminalization of drug-addiction happened in 2001 and soon it resulted into reduction of the narcotic crimes. The example of Sweden is also interesting where according to the state strategy, the fine paid by the drug-addict is spent on his treatment.

“The narco-policy of the developed countries is oriented on the defense of drug-addicts’ rights. In those countries, not only addiction is decriminalized but storage of narcotics for personal usage is not punished either. As a result, the state minimally interferes in the personal lives of these people and it ensures the defense of their rights at high standards. Besides that, in European countries (e.g. Switzerland) drug-addicts have access to healthcare, psychologists’ assistance and service of social worker. There is wide range of therapy programs implemented in European countries. For example, in parallel to Methadone and Buprenorphin substitutive programs the program of heroin is also implemented,” lawyer Aleksi Shoshikelashvili said.

In order to change the narco-policy and to liberalize the corresponding law in Georgia, two draft-laws were submitted to the Parliament of Georgia in 2008. One of them was designed by the healthcare committee of the parliament and the second - by the coalition of NGOs “Network for Damage Reduction.” By the way, 58 thousand citizens have signed the draft-law initiated by the NGOs.

In 2008 the Parliament discussed only the draft-law submitted by the healthcare committee.  Since then the process has frozen and legislative body put both draft-laws on the shelves.

Davit Otanashvili, director of the “Alternative Georgia” – one of the NGOs from the Network for Damage Reduction, said the liberalization of the law has many opponents in the government. “Particularly representatives of the law enforcement institutions oppose the liberalization idea. They think current law is effective and does not need amendments.”

Otar Toidze thinks that public survey shall be conducted in order to make decisions on decriminalization of drug-addiction. “Parliament has been arguing on the issue for a long time but no concrete decisions have been taken yet. I would like to ask a question: Does our society need decriminalization of drug-addicts?”

Both draft-laws submitted to the Georgian Parliament aims to cancel criminal prosecution of drug-addicts. The main difference between the two draft-laws is that NGOs also request to reduce administrative fines for drug-addicts alongside canceling their criminal liability.

Although both draft-laws were submitted to the legislative body almost three years ago, the Parliament has not adopted any of them. The chair of the healthcare committee said that certain amendments will be introduced to the Law about the Fight against Drug-Crime and to the part of the Criminal Code which estimates punishments for narco-crimes.

News