THE IMPACTS OF DRUG CONTROL POLICIES ON HUMAN RIGHTS Daniel Joloy Senior Policy Advisor Amnesty International

DEATH PENALTY FOR DRUG-RELATED OFFENCES: NOT THE “MOST SERIOUS CRIME” More than 30 countries still retain the death penalty for drug-related offences. 40% of all executions documented in 2015. Drug related offences do not meet the threshold of the “most serious crimes”.

POLICING AND PUBLIC SECURITY: A TREND TOWARDS MILITARIZATION Reliance on the armed forces for public safety tasks. Frequent use of lethal force, martial law and states of emergency. Torture, extrajudicial executions and enforced disappearances

The right to a fair trial and due process: an exceptional regime for drug-related offences Parallel justice system for drug-related offences with diminished fair trial guarantees. Inexistent presumption of innocence. Mandatory pre-trial detention. Prison conditions and over incarceration.

Denial of treatment, restrictions to medicines and other shortcomings in ensuring the right to health People who use drugs are deterred from seeking medical assistance for fear of being reported to the authorities. Exacerbated the risks and harms associated with drug use. Harm reduction programmes limited or prohibited. Restricted access to palliative medication.

Compulsory or coerced treatment: from arbitrary detention to torture and other ill-treatment People who use drugs arbitrarily detained and forcibly subjected to rehabilitation treatments. Treatment even when not medically required. Treatment takes the form of sanction rather than of therapy Experimental medications, beatings, caning or whipping, forced labour and sexual abuse

STIGMA and discrimination: the marginalization of people who use drugs People who use are considered to be ill or criminals. Prohibition exacerbates discriminatory practices against people who use drugs (health, housing, education…) Difficulties to find a job, adverse effects on the custody of children losing government benefits such as access to public housing, food assistance or student financial aid.

Disproportionate impact on marginalized groups and discriminatory implementation of drug laws Profoundly unequal outcomes across marginalised communities: Racial and ethnic minorities People living in poverty Women Children and adolescents

TRADITIONAL USE AND CULTIVATION OF DRUGS: VIOLATIONS OF THE RIGHTS OF INDIGENOUS PEOPLES Traditional use and cultivation of drugs for cultural, spiritual or medicinal purposes have been prosecuted and prohibited. Forced crop eradication.

The international drug control system through a human rights perspective

Right to health Right to liberty Rights of children Right to privacy

DISCUSSING DRUG CONTROL POLICIES IS NOT ONLY ABOUT the use of DRUGS, BUT ABOUT THE MYRIAD HUMAN RIGHTS VIOLATIONS AND ABUSES THAT DRUG CONTROL POLICIES ALL TOO OFTEN FACILITATE OR CAUSE. Promoting different approaches to drug control is about protecting the most marginalized groups that have historically faced discrimination and putting an end to laws and practices that have for years been used to repress and oppress the most disadvantaged. Protecting marginalized groups Advancing ESCR Promoting equality and non-discrimination Addressing injustices in the criminal justice system Ending the death penalty