Meeting of 27 and 28 November 1991

REPRESSION HAS NOT REACHED ITS OBJECTIVE, THE BATTLE AGAINST DRUGS CALLS FOR NEW POLICIES

The policy in the field of the battle against the crime related to the drug traffic carried out to this moment has not reached the objective of halting or, at least, curbing the penetration of drugs in the European Community. New policies are therefore necessary, other than the ones based exclusively on repression.

This is the conclusion reached by the Committee of inquiry of the European Parliament after 10 months of work and a long series of hearings by experts and personalities engaged in the battle against this plague.

When it came to voting the approximately 180 amendments, the report developed by Patrick COONEY (PPSE, Ir) underwent a radical transformation, to the point that its proposer was forced to vote against his own text. The document obtained 9 favourable votes and 6 unfavorable votes. The following voted in favour: the Socialists, the group for the European united Left and the Greens. The Christian Democrats (PPE), the Liberals and the European Democrats voted against it.

The possession of small quantities of drugs is not a crime.

The most significant points of the recommendations contained in the report are the following:

- the possession of small quantities of illegal drugs for personal use should no longer be considered a crime; this to avoid turning the drug user into a delinquent, and thus jeopardizing every possibility of a social rehabilitation;

- drug users should be given free access to treatment and clean needles; drugs should be prescribed to them by qualified clinics;

- the efforts of the battle against drugs should not focus on the consumers and on the lowest echelon of the traffic hierarchy, but on the highly organized international crime:

- it is recommended that drug users be taken into medical and social treatment; the latter should be guarantied clean drugs in established quantities in order to reduce the casualties, the contamination with the AIDS virus and induced crime;

The report contains several chapters that deal with the different aspects of the phenomenon, such as the production of drugs, the cooperation among police forces and customs, chemical precursors, border controls, the corruption of the political milieus and the infiltration of the economic sectors.

The production of drugs

The committee of inquiry recommends the European Community to act, in agreement with its development policy and its foreign policy, to support the governments that intend to halt the production of illegal drugs. There is evidence of the involvement of politicians in the drug traffic, especially in Pakistan, Burma, Thailand, Panama, Suriname and Bolivia.

Even coffee...

Moreover, the report provides a classification of (illegal and legal) drugs, which range from ultra-hard drugs, such as heroin and crack, to ultra-soft ones such as tea, coffee and chocolate. In between there are tobacco and alcohol, which are classified among the medium-soft drugs, LSD and amphetamines, which are classified as medium-hard drugs. According to the report, there ensues from this classification the need for a single medical policy for all drugs, regardless of their legal status.

The creation of a European Information Unit on Drugs

In order to enhance the cooperation among the police forces and customs, the report advocates the creation of a European Information Unit on Drugs, of which the representatives of the various member States as well as connection officials of non-EEC countries should be part of. Such unit will need to be submitted to a democratic control. A national unit will need to be created in each member State. Every national legislation will contain regulations for the control of wares.

The member States and the countries that apply for membership must sign the European Convention of Extradition, in order to limit the number of "safe havens" for the criminal organizations.

The battle against corruption

The report takes note of the fact that the corruption in the governments and public offices (judiciary, police) is at the same time the cause and the effect of the diffusion of drugs. The report advocates a "major initiative" vis-à-vis the member States, for example by passing a real "Charter of transparency" in the field of adjudications and public appointments.

Special attention will need to be given to the behaviours of the political parties, and especially to the funding of the candidates' electoral campaigns and to the candidacies. Parties must rule out candidates who have proven or alleged relations with organized crime or candidates liable to be corrupted.

The local authorities and the government bodies should not grant contracts, licenses or subventions to companies or individuals guilty of having proven relations with criminal organizations.

Money laundering

The committee of inquiry advocates the conclusion of agreements of seizure among the States in order to hinder the freedom of circulation of money "launderers". Serious tax crimes concerning sums amounting to or exceeding 50.000 ECU will be liable to extradition.

Other recommendations concern "tax and financial havens", in order to promote rules of transparency as well as the creation of a register of real estate promotion companies, liable to launder drug money.

Before taking the final vote, several members of the committee expressed their regret for the non-achievement of a unanimous consent. Those who were against the text called it "unrealistic and unfeasible". Those who were favourable, on the contrary, underlined its courageous approach to the "drug" phenomenon, after the patent failure of the repression policy. The proposer of the report, in justifying his unfavorable vote, remarked that the document contains unacceptable proposals, such as the "depenalization" of the possession and consumption of small quantities of drugs.

The report will be submitted to the upcoming plenary session of the European parliament, and will be forwarded to the Council of Europe, which is scheduled to meet in Maastricht on 9 and 10 December.

For further information contact Umberto PAGANI - Tel. 00.352.4300.2156.