Doc. 7962

1 December 1997

Drug misuse and the question of legalisation

Reply to Recommendation 1307 (1996)

from the Committee of Ministers

adopted on 25 November 1997 at the 609^th meeting of the Ministers’ Deputies

The Committee of Ministers welcomes the adoption by the Parliamentary Assembly of Recommendation 1307 (1996) on drug misuse and the question of legalisation.

The Committee of Ministers shares the Assembly's concern about problems relating to drugs and drug misuse. At the recent Second Council of Europe Summit (Strasbourg, 10-11 October 1997), the Heads of State and Government undertook, in their Final Declaration, "to seek common responses to the challenges posed by the growth in (...) drug trafficking throughout Europe". Efforts at parliamentary level to secure the adoption of appropriate measures to reduce drugs consumption are therefore welcomed by the Governments of the member States. Furthermore, the competent intergovernmental bodies at the Council of Europe, viz the European Committee on Crime Problems (CDPC) and the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group), have examined the Assembly's text and welcomed its many recommendations.

On a general level, with regard to the question of legalisation of the use of drugs, the Committee of Ministers recalls the Final Declaration of the 2nd Pan-European Ministerial Conference of the Pompidou Group (Strasbourg, 4 February 1994). That Declaration endorses the Opinion of the International Narcotics Control Board (INCB) that the non-medical use of drugs should not be legalised (see Resolution 1993/39 on the Control of Narcotic Drugs and Psychotropic Substances, adopted by ECOSOC in July 1993). The last Ministerial Conference of the Pompidou Group (Tromsø, 15-16 May 1997), the theme of which was "New Trends in Drug Misuse", did not alter the member States' approach to the question.

Since its creation in 1971 the Pompidou Group has been carrying out, and will continue to carry out, intensive activities to combat drugs and drug misuse. The Action Plan of the Strasbourg Summit contains, in Section III "Security of citizens", a point 3 which reads: "Prevention of drug abuse: the Heads of State and Government decide to strengthen their cooperation, through the Pompidou Group, with a view to tackling the problems relating to the use and trafficking of illicit drugs; they note with approval the new work programme of the Group and welcome in particular those activities designed to prevent drug abuse among young people and to facilitate the reintegration of drugs addicts and users into society". The Group's global, multidisciplinary strategy, confirmed in Tromsø in May, includes activities aimed at reducing both supply and demand. At the Tromsø Conference, policing and punishment were seen as two indissociable factors for effectively combating trafficking in and abuse of illicit drugs. The Pompidou Group's new work programme for the years 1997-2000 covers all aspects of drugs policies, ranging from policing and epidemiology to prevention, treatment and rehabilitation. It aims in particular to improve cooperation in combating drugs.

With regard to the specific recommendations in paragraph 18 of Recommendation 1307 (1996), the Committee of Ministers wishes to inform the Assembly that it invited the Pompidou Group and the CDPC to study them closely. It further transmitted recommendation 18.i to the European Health Committee (CDSP) for the latter to bear in mind in its programme of activities. This recommendation and those contained in paragraphs 18.ii and iii. are in line with the activities of the Pompidou Group, and of other international bodies, relating to primary and secondary prevention for various categories of drug misusers and people at risk, viz school-age children, female drug users, especially pregnant women, children whose parents misuse drugs, minority groups and prisoners. These activities consist in pooling experience and developing innovative methods, such as outreach (contact activities) with drug misusers and community involvement in the care of drug misusers. As regards tertiary prevention, the Pompidou Group is currently developing new activities to promote the social (re)integration of drug misusers and in particular their occupational (re)integration. As regards demand reduction, a three-year training programme for policy-makers and professionals from twelve central and east European countries is now entering its final phase. An extension of this programme, which is being implemented with support from the PHARE Programme and in cooperation with ILO, UNDCP and WHO, will be considered in the light of the conclusions of a forthcoming evaluation conference (March 1998).

Regarding paragraph 18.iv of Recommendation 1307, the Committee of Ministers wishes to assure the Assembly that activities relating to drug misusers in prisons are being given the requisite attention by the Pompidou Group. For example, in March 1994, the Group ensured the participation of non-member countries of the European Union in the European Commission's Seminar on the Management of Drug Addicts in Prison. The Group's new work programme provides for two seminars on certain questions relating to the situation of drug users in the various stages of the criminal justice system, before and after trial. In its future activities, the Group will be sure to bear in mind the Assembly's recommendation.

Regarding paragraph 18.v., the Committee of Ministers informs the Assembly that at their Conference in Tromsø, the Ministers advocated the establishment of international mechanisms for monitoring new trends in drug misuse, including the use of new substances, and encouraged States to develop their cooperation with the chemical industry with a view to greater vigilance in the marketing of precursors and chemicals frequently used in the manufacture of illicit drugs. The member States are also taking part in discussions in other international bodies on making crop substitution more widespread.

The Assembly's call in paragraph 18.vi. for improved international cooperation in the prosecution of drug trafficking offences and seizure of traffickers' assets can only be welcomed by the member States of the Council of Europe. Confiscation of ill-gotten assets indeed appears to be a promising strategy in the efforts of a growing number of countries to combat drugs. This approach is advocated in various international instruments, such as the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the Council of Europe Convention of 8 November 1990 on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS 141) and the Agreement on Illicit Traffic by Sea (ETS 156). These important international instruments make it obligatory to treat money laundering as a criminal offence and to confiscate the proceeds from drug trafficking. Convention 141 of the Council of Europe provides for a series of measures enabling the Parties to cooperate swiftly and efficiently in order to trace, locate, seize and confiscate property of criminal origin. The Committee of Ministers is convinced that those Council of Europe member States which have not yet ratified this Convention will take steps to do so as quickly as possible in order to permit uniform law-enforcement action against drug traffickers in Europe. The Council of Europe, through the Pompidou Group, cooperates closely in this respect with the other competent international and European organisations and agencies (UNDCP, INCB, INTERPOL, EUROPOL, WCO, European Commission).

With regard to paragraph 18.vii. of the Recommendation, the Committee of Ministers thinks it would be difficult for the member States "to agree effective and sensible enforcement methods to implement innovative ideas for combating drug abuse and its associated crime", since there are fundamental differences of approach in national drug policies as to what is "effective and sensible". Nevertheless, the development and implementation of innovative ideas are an integral part of the Pompidou Group's programmes. Moreover, whilst law enforcement agencies such as prosecution services and the police would certainly benefit from specialisation, the creation of courts specialising in drug offences would not appear to be warranted by any special features of this type of crime. The Committee of Ministers agrees with the Assembly, however, that law enforcement action should be combined with treatment programmes and that policing methods should be adapted to take account of certain specific aspects of drug crime, inter alia by adopting the so-called "community policing" approach. In this context, the Pompidou Group is reinforcing its prevention, treatment, care and reintegration programmes.

The recommendation in paragraph 18.viii. corresponds to the long-standing philosophy of the Pompidou Group which advocates the possibility of following a course of treatment instead of prosecution and/or punishment. Several countries in fact offer treatment, particularly to first-time offenders. As regards recidivist offenders who are given a traditional punishment (fine or custodial sentence), such punishment may be combined with, or followed by, treatment. In such cases, the results of the treatment are generally taken into account when granting the convicted person advantages such as parole. The Committee of Ministers agrees with the Assembly that treatment should always be available, both for first-time and for recidivist offenders, irrespective of whether treatment is part of the sanction or not.

With regard to the Assembly's request that the Committee of Ministers report back annually on the progress and development of the actions advocated in Recommendation 1307 (see paragraph 18.ix.), the Committee of Ministers draws the Assembly's attention to the relevant paragraphs of its statutory reports, which it publishes at each of the Assembly's part-sessions. These reports contain up-to-date information on, inter alia, the activities of the Pompidou Group, which is the Council of Europe body primarily responsible for combating drugs and drug misuse and which, through its manifold activities, works towards the objectives set out in Assembly Recommendation 1307 (1996) on drug misuse and the question of legalisation.