Posts Tagged ‘war on drugs’

firing squad

 

A few weeks back, Indonesia executed five “drug mules”, including a woman. Executions in Indonesia are customarily carried out by firing squad and that was the case here.

The executions reflect the “tough on drugs” stance of the new Indonesian President. Of particular interest to Australians is that two citizens (members of the so-called “Bali 9”) who intended to import heroin to Australia are also scheduled to be executed together soon, despite having very obviously become rehabilitated while in prison in Bali, to the extent that the Governor of their prison has argued they should not be executed. A final appeal has been refused, and the executions could occur any day now, at 72 hours notice to the condemned.

The appeal was based on the simple argument that the two individuals, Andrew Chan and Myuran Sukumaran, have been thoroughly rehabilitated in the ten years they have been in jail. Chan is training for the priesthood and does fine work helping fellow prisoners in his Bali jail. Sukumaran has developed into a fine artist and teaches painting to his fellow prisoners. Neither pose any threat to society. Executing them is entirely a matter of revenge, or internal Indonesian politics.

The two have now apparently penned a desperate letter from death row, begging the Indonesian government to spare them as they run out of options to avoid the firing squad, planned for the next two weeks.

Their friend, Pastor Matius Arif, says the pair are ‘very sad’ their bid for a judicial review was rejected in the courts on Wednesday.

He read an open letter – handwritten by Sukumaran and addressed to the Indonesian government, signed by both Australians – to reporters outside Kerobokan jail on Thursday. It argues they are more useful alive as they work to rehabilitate other prisoners.

‘We beg for moratorium so we can have chance to serve Indonesia community (sic)’ the letter says.

Mr Matius said: ‘There’s so many testimonies about what they’re doing inside. I also personally request the government to make a special commission or a special team to investigate what they’re doing inside.’

The team should then report on the rehab programs to the president, he said.

The application for a judicial review detailed the work of Chan, 31, and Sukumaran, 33, to assist others through chaplaincy and art programs.

Denpasar District Court determined it didn’t meet the ‘new evidence’ criteria for a review.

It was the last legal option for the pair, who have been denied clemency by President Joko Widodo.

Barrister Julian McMahon says their team is still examining the options after Wednesday’s setback.

‘At the moment our Indonesian lawyers are reviewing the decision made yesterday which was called a stipulation, which prevented us from proceeding with that appeal, and obviously while any legal options that have value remain open we will pursue them’ he told Sky News.

Prime Minister Tony Abbott, too, says diplomatic efforts to save them are continuing.

‘We are not going to engage in last-minute, megaphone diplomacy but I just want to assure people that the Australian government has left no stone unturned to try to ensure that these two Australians on death row have their sentences commuted,’ he said.

The men’s families visited Kerobokan jail again on Thursday, with Sukumaran’s brother Chintu wrapping his arm around their mother Raji.

In any event, in our opinion, using the death penalty to fight drug usage is unhelpful.

The “purely” legal arguments

Firstly, the act goes against a number of international law standards (to which Indonesia is a party) which argue that drug trafficking does not meet the standard of exceptionally severe crimes that warrant the imposition of the death penalty. Despite widespread support for the death penalty for drug crime in Indonesia, this point has been made in an opinion piece in the Jakarta Times last month. (An impressive example of how far this once authoritarian society has come in recent years.) Typically, such crimes include the death of another person – murder. Whilst many would argue that drug trafficking can contribute to the deaths of the eventual drug users, a straight line cannot be drawn between the act of drug trafficking and any individual death.

Secondly, for a dug criminal to be captured it follows that their drugs were interdicted. As the drugs never reached their target market, no one was harmed. One cannot execute someone for the possibility of having caused harm had the drugs got through.

The social arguments

Drug mules are often individuals who suffer from addiction themselves, and are vulnerable individuals who are desperate for money to feed their own habits. Whilst this is regrettable, it has a lower level of criminal culpability than those, for example, who manufacture the drugs or mastermind their distribution. What’s more, their own drug addiction should be viewed as a health issue: a matter for treatment, not punishment.

The real drug kingpins almost never appear in court. Too many cut outs exist between them and their mules. That they are allowed to go free (often protected by substantial political and judicial influence achieved through bribery with the very money generated by their own mules) is detestable. We cannot have one law for the rich and one for the poor.

Similarly, if they are ever ensnared in the judicial system, they can use their power to avoid severe punishment, an opportunity not available to their workers. For law to contribute to a more just society, it must be levied justly and equally or society itself becomes corrupted.

Last but by no means least, there is no evidence that the death penalty provides a deterrent against drug trafficking. Convictions for trafficking have increased in Indonesia despite recent cases of the death penalty being imposed. More than 50 persons currently sit on death row in Indonesia because of drug offences.

So what should we do?

The solution to the drug problem is two-pronged.

First, we should attack the source of the drugs – go after the owners and managers of the drug cartels rather than their soldiers. this need not only be via head on assault – identifying and confiscating their wealth would make the business notably less attractive. Significantly greater resources should be devoted to this effort.

Second, we should dramatically increase the health-based treatment of “hard” drug users in Western society, offering them treatment options which reduce demand for heroin, cocaine and amphetamines. While demand exists, the free market will find ways to meet it. One entirely sensible move would be to decriminalise (note, not legalise) these drugs and dispense them via the pharmacy profession, which would break the nexus between traffickers and also reduce death due to overdose and allow health education to and intervention with addicts. This approach is widely regarded to have been extremely successful in Portugal.

Sadly, such moves are far less dramatic or newsworthy than tying people to a pole and shooting them. As always, politics is likely to win out over commonsense.

And in the meantime, those on death row and their families and friends go through the torments of hell wondering whether their sentences will, in fact, be carried out, and when. Such psychological torture is unconscionable in an advanced society.

Look at her. Bright, beautiful, intelligent, her whole life ahead of her. And dead.

Georgina Bartter, 19, was found unconscious and convulsing at the Harbourlife festival at Mrs Macquarie’s Chair this Saturday.

Friends reported the teenager, one of 5200 people at the festival, took one and a half pills, before she died of organ failure.A “beautiful, outgoing girl”, Georgina would not have taken drugs knowingly, her family told 7News.

Superintendent Mark Walton says a report is being prepared for the coroner. “(A post-mortem) is a matter for the coroner and the family and that will be determined next week,” he said.

An autopsy would find what was in the pill that contributed to her death.

The teen from Longueville on Sydney’s north shore was taken to St Vincent’s Hospital just before 5pm, but suffered multiple organ failure and died.

Police arrested 78 people at the waterfront dance party for drug offences.

Superintendent Mark Walton said he’s concerned large electronic dance parties are closely associated with illicit psychoactive drugs. “It does not matter what location they are held in, there is no doubt the nature of the entertainment is intrinsically linked to that drug use.

“She fell to the ground more or less and then people started waving down the security and paramedics,” witness Andrew Demetriou told 7News. “Quite simply, you do not know what you’re taking.”

In a statement, Harbourlife organisers said their thoughts were with the teenager’s family.

“We can hardly imagine the pain and heartbreak they must be feeling and they have our deepest sympathy,” a statement on Facebook said.

Organisers said a paramedic was with the girl just one minute after she collapsed. A first-aid tent at the festival included paramedics and an emergency doctor.

Police are asking anyone with knowledge about synthetic substance sellers to come forward.

The Bartter family has told 7News Georgina would never have taken the drugs knowingly althugh they later apparently said it was “very out of character”. But whether or not she did, she certainly didn’t expect to die.

Ms Bartter was the eldest of three children and graduated from Wenona private school last year, where she was a top student.

Simon Bartter with his daughter Georgina at her 18th birthday / Picture: Instagram

Simon Bartter with his daughter Georgina at her 18th birthday / Picture: Instagram

Schoolgirl Anna Wood died after taking ecstasy in 1995

She had only just returned from a dream holiday to Europe during a study break from university.

Her close friends said they were “completely shocked” by Ms Bartter’s death and were receiving counselling last night.

“She was really lovely to everyone at school. She was the life of the party,” one friend said.

“Everyone’s in shock. She had so much potential and it was way too early.”

Schoolgirl Anna Wood died after taking ecstasy in 1995

Schoolgirl Anna Wood died after taking ecstasy in 1995

Ironically and sadly, Ms Bartter was born in 1995, the same year Anna Wood, 15, who became the face of the anti-drug war after she died from popping an ecstasy tablet at a rave party.

We have a message for the young of our country and all countries.

When you take illicitly supplied drugs you have no idea what is in them. The people who create these drugs and profit from them have no quality control, and no care for what damage they may or may not do. They simply want your money. Cocaine, for example, is regularly cut with poisons and other drugs (such as veterinary) that are not intended for human consumption. Psycho-active drugs can be a cocktail of whatever the drug maker has at hand.

You have no idea how your body will react to any illegal drug you ingest. Worse: just because you had no bad reaction last time does not mean the same will be true next time, because different drug batches contain different substances and mixtures.

We are not wowsers, by any means. We’re not talking here about the occasional puff on a joint. We are talking about the vast range of party drugs that have swept the world in recent years. You simply can’t know what’s inside what you are taking. And they can kill. Anyone. Suddenly, and without warning.

You pick which one will kill you. We can't.

You pick which one will kill you. We can’t.

We have long argued that proper quality control is the strongest reason why illicit drugs should be legalised and regulated.

The other advantages of this approach would be a generalised harm minimisation regime, fewer casualties, more immediate access to advice for drug users, better and more freely available drug information, an inflow of tax dollars to fund better prevention and care provisions, and above all draining the criminal underworld of their vast financial wealth generated from illegal sales.

Prohibition has failed, and has little or no effect on the quantity of drugs illegally entering our society. Whole countries, like Mexico, are now in thrall to the trade, with over 100,000 deaths in that country directly attributable to it in recent years.

Many leading police officers and politicians around the world agree with us that a new way must be found, and fast.

Alex Wodak is a physician and the director of the Alcohol and Drug Service, at St Vincent's Hospital, in Sydney, Australia. Wodak is a notable advocate of drug reform laws.

Alex Wodak is a physician and the director of the Alcohol and Drug Service, at St Vincent’s Hospital, in Sydney, Australia. Wodak is a notable advocate of drug reform laws.

Meanwhile the president of the Australian Drug Law Reform Foundation, Alex Wodak, said the tragedy highlighted the need for a shift away from a “criminal- ­justice ­approach” to illicit drug use.

“Instead of relying heavily on law-enforcement measures like ­sniffer dogs we should be doing what they are in Europe and be providing pill testing,” Mr Wodak told The Australian.

“You can get the pills tested at these sorts of events and they will tell you what is in them – it turns it into a less dangerous practice.”

The widespread use of sniffer dogs could be counterproductive and encourage risk-taking behaviour, Mr Wodak said. “People who are carrying substances they have bought off the streets illegally might swallow ­excessive quantities in order to get rid of the evidence quickly and sometimes this has led to death.”

We say: Until drugs are legal and quality-controlled, or until someone can tell you everything that is in a pill and you can make an informed decision about what you are putting in your body, avoid them. Unless you think seeking a good time buzz is worth risking dying for.

Rest in peace, Georgina. Our deepest sympathies to you and all who knew you.