29 April 1994

Doc. 7085

1403-22/4/94-1-E

MOTION FOR A RECOMMENDATION

on the legal and criminological aspects of

the traffic and use of drugs

presented by Mr JURGENS and others 1

1.       There is no need to repeat or to stress again the tremendous damage done to the physical and mental health of individuals through the use of addictive drugs whether these be natural such as cocain and opium-derivatives or chemical such as amphetamines and others.

2.       The prolonged use of some of these drugs turns tens of thousands of people into human wrecks whereas many other people kill themselves abruptly through overdoses.

3.       No doubt this seems to be sufficient reason to act vigorously against the traffic and use of drugs and to justify the repressive measures taken at international level by organisations such as the Council of Europe (Pompidou Group), Interpol, the United Nations, etc., and at national level.

4.       Unfortunately experience shows that "repression" has not had the effects desired.

5.       On the one hand the law enforcement authorities do not have at their disposal the means to fight effectively the illegal traffic and use of drugs because there is a lack of staff, of technical equipment and of international co-operation and also because of the legal restrictions which our liberal democracies impose on any police or court action.

6.       On the other hand increased international mobility, the fact that drugs are traded in relatively small quantities and the psychological attraction of something which is prohibited, greatly favour the traffic and use of drugs.

7.       There is also a vicious circle which renders the fight against drugs more difficult, if not impossible: whenever the fight against drug traffic becomes efficient, drugs become scarcer and their price on the illegal and underground markets go up. Hence it becomes more interesting for traffickers to step in and take the high risks involved.

8.       The situation in Europe nowadays ressembles the situation in the United States of America in the "Prohibition" period. In fact the enormous amounts of money involved (tens of billions of ecus) greatly favour the development of serious international criminality and criminal organisations.

9.       From recent Interpol reports it appears that the quantity of trafficked drugs as well as the profits earned from them is increasing every year. The conclusion is that, whatever repressive action is taken, the effect is likely to be negative. In fact, there has been no significant progress, if any, since the adoption of Assembly Recommendation 1085 in 1988.

10.       The problem of laundering the enormous amounts of money illegally earned is such that it led the Council of Europe, in 1990, to draw up its Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.

11.       A recent hearing organised by the Assembly's Committee on Legal Affairs and Human Rights on conditions of detention confirmed that in a number of Council of Europe member states, more than 50% of the prisoners nowadays have committed crimes that are "drug related".

12.       The hearing also brought to light the fact that most European prisons are over-crowded and that this overcrowding prevents any efforts to improve prison conditions.

13.       The problem of drugs is an international one and European countries should co-operate very closely in this respect. No policy can ever succeed if it is not supported by all of them. The present situation is such that it calls for new approaches. It is international organisations such as the Council of Europe, with its Pompidou Group, which must take initiatives in this field.

14.       Therefore the Assembly recommends that the Committee of Ministers proceed to a thorough and independent study of the legal, criminological, social and other advantages and disadvantages of a depenalisation of the use of drugs in general and, possibly, of the legalisation of the transport and production of certain drugs in particular. It should step up its action to promote a reduction in the demand for drugs (for instance through improved assistance to drug addicts) rather than increasing its battle against drug traffic and production.

Signed:

Jurgens, Haller, Err, Franck, Bindig, Soell, Ruffy,

Robert, Stoffelen, Baarveld-Schlaman, Tummers

1 ¹ 1. This text only represents the views of the individual members who have signed it. It does not reflect a position adopted by the Parliamentary Assembly.