Draft Law on Drugs: A Step Forward or Pre-election Hype

Why and for whom was the draft law drawn up?

Nona Suvariani, Tbilisi

Supposedly, there are 250 thousand drug-abusers living in Georgia. Experts think the aim of the current law that is to punish drug addict is one that is being currently discussed in various committees of the Georgian Parliament. Who is eager to classify drug-abusers into drug dealers? Why cannot non-governmental organizations accept the draft law at face value? And in general what will the draft law really make any difference in this sphere?

Tamar Sirbiladze, Chairperson of Drug Policy Advisory Council is an author of the draft law in cooperation with Gigi Tsereteli, the Chairperson of the Healthcare and Social Affairs Parliamentary Committee. Ms. Sirbiladze tell that today there is drug epidemics in Georgia. Part of the problem is that there many dead articles in the current law and this creates various problems.

The draft law is too complex and constitutes much key legislation “about drugs, mind alternating substances, precursors and narcological assistance”. It also envisages making amendments to the criminal and administrative codes; changes might be introduced to the public code as well. It will serve to bring about the harmonization of the Georgian legislation with international conventions.

Although everybody wants to amend the current legislation, there are many experts that do not support the draft law as it currently is written.

Davit Otiashvili, director of the Union “Alternative Georgia”, is one of those who oppose the draft law. “If we discuss the principles, the legislation focuses on punishment and not on providing assistance, or treatment or bringing treated drug users back into society. The only formal remark that enables them to claim the opposite is the only one phrase from the draft law- “drug-addiction is a disease.” But in fact the prosecutor’s office and the court does not pay attention to this phrase while discusses any particular case, because the articles of the codes state that any person who has any kind connection with drugs is a criminal. Consequently, the law treats them with corresponding measures.”

Davit Otiashvili thinks that the draft law also fails to change the attitude towards the drug users. Current law does not differentiate abuser from drug dealers. Very often the drug addict is treated and sentenced as drug dealer.  Consequently they are sentenced to terms of with seven, ten more even more years of imprisonment. Experts say that the draft law is superficial and aims to serve as PR campaign during pre-election period. “If we consider the fact that Georgia has nearly 250 thousand drug users the number of impacted families is rather large. Such legislation serves as a good PR campaign for the voters. However, it will not actually change anything.”

Does Drug Policy Envisage the Interests of Narco Mafia?

Everybody knows someone who is directly or indirectly connected with drugs. There are many ways and options to be charged. It is a fact that both drug user and dealers are judged under the article 260 one and the same.

Davit Otiashvili: “Current legislation does not differentiate abusers, who have in their possession narcotic substances for personal use from dealers who are selling drugs and earning substantial money.”

“Although the court concluded that most accused people were abusers and the investigation could not confirm that they were selling the drugs, they were sentenced to 8, 6, 10 years in prison. This is as if they were hard core drug dealers. There are only formal changes introduced into the draft law in the issue in order to show it to the Europeans.”

Lawyer Nana Gvetadze has worked on similar issues for a long time. She speaks about the how things are actually practiced in Georgia.

“Because of the faults in the law a real drug abuser is sentenced to ten-year term of imprisonment because he could not inject the all the substance before being arrested. For example, there have been several cases were people were arrested with 0, 001 grams of heroin.”

The most important question is why law enforcers are interested in judging addicts as drug-dealers.
 
Aleksi Shoshikelashvili, director of the monitoring project on the “Protection of Drug Abusers’, responded as follows.

“Law enforcers are boasting they are fighting against dealers. In fact, according to the statistics, the arrested people are ordinary addicts or users. As for real drug-dealers, who that must be arrested, they remain free and continue to deal drugs. The police are directed connected with dealers and they create mafia unions whose activities are not impacted by the government. The crime is always supported in governmental institutions, such as the Georgian parliament, law enforcement bodies, etc. Many people intentionally regulate the direction of how things operate; while others cannot realize that they are following a drug policy that really favors the drug mafia by the decisions that have been made.”

Tamar Sirbiladze admits that the above-mentioned short-coming and this has been considered in the improved draft law. Amendments have been introduced to the Article 260. Abusers and dealers will be differentiated in the future. Those who are found only with small amounts of drug will be fined instead of being sentenced to long prison terms.

Nana Gvetadze stated that the draft law does not make the situation easier in this field; and in fact, it has just the opposite effect.

“According to the Article 260 of the Georgian Criminal Code, possession of even a small amount of drug is prosecuted, which essentially contradicts Article 45 of the Administrative Law under which an administrative fine or other type of penalty is envisioned.”

Lado Ulumberashi is the leading specialist of the Parliamentary Committee of Human Rights and Civil Integration.

His committee is the only one that discusses the draft law. “It is nice that the state tries to separate abusers from dealers.  However, the law must be reinforced and be changed to make it work more effectively.”

“Do not expect that you will be released after the daft law is in force.”

Our respondent (we prefer to keep his name anonymous because his relatives fear he might face some problems in prison), as well as from other prisoners who are serving out their prison terms for being drug addicts. Our respondent was arrested seven times; he paid the fines too. Now he or she is sent to prison to serve four years and half for such crimes.

He was charged under the Article 177 of the Criminal Code that is already cancelled. Thus, the families of the people who are tried under this article continue to hold onto hope that if the draft law that will be put into force will be enough to set free their relatives.

Tamar Sirbiladze also does not deny the fact. “When the legislation is getting less burdensome, the cases of all people who were arrested under the previous law should be revisited.”

Davit Otiashvili: “One thing has really changed. The Article 273, according to which people were fined, will be canceled. The article envisaged the fine of 2,000 GEL is a person who arrested for the second time, or that he be sent to prison for a year. On the basis of these changes they claim that they are decriminalizing against drug addicts. Consequently, a person will not be imprisoned for being under the influence. In fact, similar people have never been sentenced to custody; they only pay fines and suspended sentences are imposed on them.”

Aleksi Shoshikelashvili agrees with the cancellation of the Article 273. However, he pointed out that alongside it the amount and kinds of fines should also be increased. “A person might be fined or imposed with 30-day-imprisonment on the first occasion he is arrested. In custody they will be placed under unbearable conditions. However, they supposedly will continue using drugs and they arrested again and again. With similar treatment to the problem the government proclaims drug-addiction is a luxury. If I have money they tell me I can use as much drugs as I can; but you will have to pay the money each time we will detain you. A person, who cannot pay the fine, has no alternative to be forced to rob or steal, even from his own home and family members.  If the cannot come up with the money then the choice is to spend thirty days in terrible conditions in the custody in order to get his or her attention.

Elene Tevdoradze, chairperson of the Parliamentary Committee for the Human Rights and Civil Integration, made a comment about the cancellation of the Article 273 in her conversation with the newspaper “Versia”:

“We cannot make any preliminary statements about the changes in order to please the families of detainees. I directly told prisoners that they should not expect to be freed from their changes or sentences.”

“The law will not assist them at all. It does not provide any phrase about the law has a retroactive character. Thus, the position of our committees is to introduce amendments to it. If Article 273 is canceled after the new law is enacted and it will be moved to administrative law, why a prisoner should remain in custody if the law, under which he was charged, is canceled. I will certainly request to lighten the sentence for people who are in prison for having been drug addicts.”

Aleksi Shoshikelashvili: “In fact 95-93 per cent of drug users are sent to prison under the Article 260 are users. There might be several dozens people released if Article 273 is set aside but still there will be ten of  thousands who will remain locked up.  Thus, the statement of the Georgian president that drug addicts are actually sick people means nothing.”

Lado Ulumberashvili claims that the issue needs to be discussed thoroughly. “Today we have such definition in the law: “Small amount of drug for selling is one thing...” A similar attitude to the case is not a right one. Nobody can guess the real intentions of a person; nobody can actually estimate whether he wants to sell or inject the drug. Unfortunately, the above-mentioned definition has not really changed at all.