DRUGS LAW AND JUSTICE*

DRUGS LAW AND JUSTICE* <!--[if gte mso 10]> DRUGS LAW AND JUSTICE* By Mr. Justice Muhammad Haleem, Chief Justice of Pakistan Mohtarma Prime Minister; Syed Iftikhar Hussain Gillani, Minister for Law, Justice and Parliamentary Affairs; Distinguished Judges of the Supreme Court and Chief Justice of the Azad Jammu and Kashmir; Distinguished Chief Justice Federal Shariat Court; Distinguished Chief Justices and Judges of the High Courts and Federal Shariat Court; Mr. Justice Nasir Aslam Zahid, Secretary, Ministry of Law, Justice and Parliamentary Affairs; Mr. Amjad Ali, Director General of the Federal Judicial Academy; Distinguished Participants, Ladies and Gentlemen! * Seminar on "Drugs, Law and Justice" organized by the Federal Judicial Academy in collaboration with the United States Drug Enforcement Administration, held at Holiday Inn, Islamabad, on 9th February, 1989. It is a pleasure and an honour for me to welcome the Distinguished Prime Minister and the participants to this Seminar on "Drugs, Law and Justice" which has been organized by the Federal Judicial Academy in collaboration with the United States Drug Enforcement Administration. I am deeply grateful to the Prime Minister for accepting the invitation to inaugurate this Seminar. I extend to all my warm and hearty felicitations on their participation. 2. I appreciate the initiative of the Federal Judicial Academy to conduct this academic exercise of great national and international significance at an appropriate time. The subject of "Drugs, Law and Justice" is assuming great significance both at the national and the international levels and the states in many parts of the world are paying attention to it in order to attend effectively to the problem of drugs abuse. This consciousness, I am sure, will be instrumental in working out a meaningful solution to the problem that is very much solicited now in the best interests of the world community as a whole. Pakistan is a party to the Conventions and to the efforts being made for the control of narcotics. In its capacity as associate of the U.S.A. in International Narcotics Control Activities, Pakistan is guided by the relevant objectives of international cooperation for drug control and intends to make full use of drug control activities with a view to promote the welfare of the humanity. 3. As you know the term "drug" refers mainly to substances that affect psychological or behavioural functions and lead to varying degrees of addiction. Many drugs are potentially dangerous chemicals that can cause serious, sometimes fatal, poisoning, if used indiscreetly. The governments of various countries, therefore, have established certain legal requirements concerning drug use. In Pakistan, certain laws such as the Punjab Excise Act, 1914, The Opium Act, 1878, The North-West Frontier Province Prohibition Act, 1938, the Drugs Act, 1976, and the Sind Abkari Act, 1878, in addition to Hudood Laws pertaining to prohibition, exist on the statute book for the aforesaid purpose. 4. An in-depth examination of the concept of drug abuse reveals that it refers to the consumption of drugs for reasons other than medical treatment or in quantities that exceed the requirements of such treatment. Habitual and long term drug abuse results in physical addiction and dependence. Drug abuse interferes with social life and with the performance of individuals in their gainful employment. The major categories of drugs, commonly identified, are narcotics, depressants, stimulants, hallucinogens and alcohol. Narcotic drugs are so-called because many of them produce narcosis, or deep sleep. The most common are the opiates, which are produced from the opium poppy. The common opiates are opium itself, codeine, heroin, and morphine. 5. Narcotics as a social problem is an expression of a complex society. Excessive use of narcotics is a symptom of the breakdown of the primary group relationships that can maintain mental and social health. A complex society produces tensions, inhibitions anxieties and aggression in the individual which may be temporarily depressed by the use of narcotics. The very complexity of the society renders the control of narcotics very difficult and adds new forces and motivations for the production and distribution of narcotics. Long hours of work, insufficient food, economic insecurity, heavy work, bad housing conditions, and ignorance are some of the factors which contribute to the excessive use of narcotics. Narcotics addiction is obviously one form of fleeing reality, It is used as a means of relieving the individual of personal maladjustment. Narcotics as a depressant helps to dim unhappy memories, relieves personal tensions and allows the individual to forget temporarily some of the inadequacies and frustrations of life. The insecurity and self-pity of the isolated person are momentarily dulled by the soothing influence of narcotics. Frustrations may give rise to depression, dreaminess, fear, incapacity, lack of interest and self-incrimination. Narcotics, therefore, are dangerous means of balancing the personal equation between the personal life of the individual and the social situation. 6. The phenomenon of narcotics addiction reveals several classes of addicts and a variety of predisposition circumstances. Narcotic addicts are usually placed in five categories: (1) normal individuals who are addicted accidentally through medication; (2) people with an unstable personality who seek excitement of a new experience; (3) psyctioneurotics, (4) psychopathic personalities, habitual criminals, and sexual perverts; and (5) psychotics, who become addicted as a result of a serious mental disorder. The sociological conditions that cause drug addiction may be poverty, unemployment, poor housing, lack of economic or educational opportunity and alienation from an affluent culture that is unable to secure social justice for all its members. 7. What the epidemiological viewpoint suggests is that law enforcement, treatment and rehabilitation programmes are vital components of the drug use prevention effort, but they are by themselves insufficient. The two principal approaches to drug abuse treatment are withdrawal and chemotherapy. The first involves either the abrupt or gradual termination of drug use; the eventual goal is abstinence. The second seeks to stabilize patients by maintaining them on certain drugs or substitutes. Both treatment modalities are widely used, with varying degrees of success, and often in association with other forms of treatment, including psychotherapy, psychological counseling, vocational training and job placement. 8. In view of very harmful and adverse impact of drug abuse on society, every nation needs a national strategy for the prevention of drug abuse and drug trafficking. The national strategies can link five major elements in the administration of narcotic control programmes: (1) international cooperation, (2) drug law enforcement, (3) drug abuse addiction and prevention, (4) medical detoxification and (5) treatment. 9. Through statutory mandates and, delegated legislation, international narcotics control agencies are made responsible for developing, coordinating, and implementing the overall international narcotics control strategies. These agencies provide expertise, technical assistance and training to drug law enforcement officials collecting and sharing international narcotics intelligence. So far as the developing countries are concerned, a need has been felt for area development projects and narcotic awareness programmes. Legislative sanctions are also considered necessary to motivate the nations to curb the cultivation and production of illicit narcotics. The national projects have found it useful to establish narcotics enforcement units and to develop narcotics eradication plans as a part of international strategy meant to curb the international flow of narcotics; to condemn illegal drugs and to take action to stop the production, transportation and use of such drugs. To achieve the above objectives, the nation states are now usefully coordinating drug control efforts, diplomatic initiatives, and bilateral and multilateral assistance for crop control and interdiction overseas, and to encourage extradition treaties with a view to curb international trafficking in drugs. As a part of compensatory mechanism, a worthwhile activity could be to generate altenative sources of income and employment and to improve living standards in narcotics producing areas. One of the suggested measures to eradicate drug abuse is a crop substitution programme and also research programme on agricultural alternatives to narcotic crops. It would, therefore, be necessary to diffuse information amongst the general public of the source countries about the adverse impact of drug production and its abuse, and to provide technical information to health service officials on treatment and prevention practices. Extradition treaties in respect of narcotic addicts and persons involved in narcotic trafficking can also be made. 10. It requires great attention to be paid to a series of socio- cultural factors in the designing of narcotics control efforts and narcotics control area development initiatives that can significantly combat drug abuse and prevent heroin from illicitly reaching the national borders. This can be implemented only if stringent measures are adopted by the Federal Government. 11. A number of countries are associated with the narcotics control programmes including not only the identification and elimination of the sources of dangerous drugs, but also compilation of reliable heroin statistics, and the methods to conduct scientific and reliable investigations. 12. Drug abuse is a major national and international problem with adverse social, political and economic impact on producer, transit and consumer nations. Therefore., considering its relevance to national and international social situation, heads of Governments from Canada, Federal Republic of Germany, France, Italy, Japan, United Kingdom and the United States of America agreed at the Bonn Economic Summit of Industrialized Countries held in May, 1985, on the need for a high priority on narcotic control measures. The drug issue was the subject of several regional and international Conferences during 1986. The United Nations Commission on Narcotic Drugs has established a framework for developing a new International Convention on Narcotics Trafficking. 13. While much remains to be done in the efforts to curb the cultivation, production, and transport of illicit narcotics, some progress has been made in eradicating marijuana in Brazil, Colombia, and Jamacia; in developing and testing herbicides for use against coca in Colombia; in attacking cocaine refining and production facilities in Peru; and in eradicating opium poppy in Burma and Thailand. A United States Agency known as International Narcotics Matters has referred to the joint United States - Bolivian operation against cocaine laboratories and to the expanded United States - Mexican opium and marijuana eradication campaign as examples of recent narcotic control initiatives. 14. A comprehensive programme of compulsory treatment of narcotic addicts is essential to the protection and promotion of health and welfare of the persons concerned as well as to discourage the violation of laws pertaining to the sale, possession and use of narcotics and other dangerous drugs. It seems that individuals suffering from mental illness, either before the use of drugs, or as a consequence of their use, can be aided by involuntary commitment. The issue of voluntary versus involuntary commitment has attracted the attention of the law enforcement agencies and the judiciary. The objectives are to promote the ability of the recovered addicts to make their way into the greater society once their treatment has been satisfactorily completed. 15. It is a matter of common knowledge that the Courts by means of purposeful interpretation of narcotic control statutes have created tremendous impact on the social, economic, and cultural development of the societies. They have interpreted and clarified a vast body of statutory law pertaining to narcotics and in some cases the Courts have supervised the operation of their recommendations. The narcotics control statutes are thus the vehicle through which the Courts pronounce their verdicts on major narcotic control issues. 16. In the context of the legal and jurisprudential perspectives, the central idea pertaining to narcotics control focuses itself on both drug uses and the legal processes designated for its control. The last 100 years have witnessed a considerable increase in legal and judicial attention to this activity. It has now been assumed that judicial control of narcotics facilitates the integration of various groups within the society, clearly demarcates the collectively held values of the social order, and assures stable and patterned interaction among the members of society. Judicial control of narcotics is a means of maintaining social order and cohesion as it helps to prevent the movement of drugs from one part of the country to another and also from foreign sources. It also plays an equally important role in stopping the distribution and illicit commerce in drugs and in assisting governmental officials in preventing illegal drugs from reaching the community level. In order to accomplish these goals, the judiciary functions not only as the major information gathering agency, but also as a law enforcement coordinating organization in a number of countries. 17. The judges have suggested a variety of major types of action in their opinions, that is, legal or informal enforcement, formal education of youth and rehabilitation, etc. etc. The judicial approach is thus focused upon the complexity of social practices, ideas, organisations; their interplay and relationship to the surrounding environment, and their development through time, in relation to the uses of narcotics. By 1970, the concept of "treatment" dominated the ideas and procedures stemming from the judiciary. The judiciary kept in view the medical, psychiatric, psychologic, nursing, social work and various counseling approaches in formulating its opinions. Thus, by conscious or subconscious influence, the presence of restraining power available to the judiciary, aloof in the background, but nonetheless always in reserve, can stablise and rationalise the statutes pertaining to narcotics, to infuse it with the glow of principle, and to hold the standard aloft and visible for those who seek judicial interpretations of narcotics control. The judges can give their opinions in this domain with a view to furthering the social welfare. 18. Banking on the survey of a majority of countries conducted by the National Institute of Drug Abuse at Baltimore (Maryland), Barry S. Brown concluded that many countries have some provision for the civil commitment of substance abusers. [1] Grounds for commitment are found either in mental health statutes which emphasize risk to self and to others, or in legislation on drug abusers. Two things appear likely from this survey in relation to civil commitment procedures. On the one hand, the national jurisdictions retain or create civil commitment procedures to account for emergent situations that have a capacity to disrupt the normal course of society and for which criminal prosecution may be seen as either inappropriate, unwarranted or infeasible. At the same time, civil commitment procedures are employed with great conservatism, i.e., infrequently and with great selectivity. This is because civil commitment procedures conflict with many societies' views regarding civil rights and the proper relationship of the individual to the State. [2] 19. In view of this perspective, a need was felt for a number of conditions to be met before civil commitment process could be sufficiently justified to permit its easy implementation. Among the conditions specified therein could be written policy defining periods of confinement, provision for periodic review of individual's commitment, and the guarantee of procedural rights including access to counsel on one's behalf, to witnesses and to judicial review. [3] 20. The judicial approach takes' into consideration an argument for research into the means of altering individual attitudes, values, and communication abilities in the direction of increased social empathy, which, in turn, would produce a more favourable environment for resolving differences and for facilitating peaceful negotiations between individuals and nations. In comparatively more developed countries particularly in U.S.A., there has been a general acceptance of' the judicial model in regard to deviance in general and substance use in particular that it can easily be categorized as a judicial paradigm. The difference and treatment varies slightly with the judicial system. For instance, there is a difference in the approaches of the U.S.A. and some other countries. In the U.S.A., with some exceptions, aversion therapy for substance abuse is recommended by the judiciary for the patient. In other contexts, it is often administered by the security police as part of the campaign against "parasites" and "hooligans". 21. In some countries, offenders who fail to respond to medical treatment may be sent to a mental institution. In most nation-states, particularly those in which pluralist groups vie for access to the decision-making positions, multiple ideological definitions usually abound. It is accepted that the operational definitions for policy are constructed, negotiated, and renegotiated in both a pluralist democracy and the non-democratic states. Implementation differs, according to the restraints imposed by the judiciary and the degree of its implementation by the various constituencies. Both societies, each in its own way, seem to be emphasising the suppression of deviant behaviour involving substance abuse. 22. Although the social science approach holds great promise for developing more effective responses to narcotic problems, such an orientation might appear to be "slow" for those seeking "answers" to narcotic problems. Effective prevention of narcotic problems has yet to be achieved in many parts of the world. At least, since the beginning of the 20th century, there have been major, programmes and movements to do something to ameliorate, control, reduce or eliminate narcotic problems. Many of these movements, however, lacked historical awareness. Much that the movements were based on considerations of sincerity of purpose, organisational talent, technical ability, and high prestige, results that were expected could not be attained. The problems are now increasing in magnitude and severity. 23. By examining and reviewing narcotic control cases, a modern rationale for judicial power is being developed and has started to grow in influence. The judiciary has, therefore, come to the forefront as an appropriate "adapter" of the Constitution. 24. I have endeavoured in all humility to comment on the nature of the problem and on the ways for the control of drugs through the institutions of law and justice. I have also touched on the various dimensions relating to the judicial control of narcotics. I hope that by endeavouring to suggest mechanisms for the solution of the problem of drug abuse, the participants of this Forum would fulfil the urgent need of the present times. 25. With these words, I end my discourse, and hope that the discussion on the topic would be stimulating and would make a definite contribution to the enhancement of knowledge in this field. Madam Prime Minister, I again thank you for having graced the occasion by your presence. I also thank the Chief Justices and Judges and the participants who, despite their pressing engagements, have come all the way to participate in the inaugural ceremony. [1] Barry S. Brown, "Civil Commitment-- An International Perspective", The Journal of Drug Issues, Volume 18, No. 4, 1988, p.663. [2] Barry S. Brown, "Civil Commitment-- An International Perspective", The Journal of Drug Issues, Volume 18, No. 4, 1988, p.676. [3] Ibid. ***