Death Penalty For Drug Offences Violates Human Rights, Australia

Main Category: Alcohol / Addiction / Illegal Drugs
Also Included In: Litigation / Medical Malpractice
Article Date: 10 Dec 2007 - 4:00 PDT

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As six young Australians sit in a Bali jail awaiting execution, the International Harm Reduction Association, along with the Australian Drug Foundation (ADF) argues that executions for drug offences violate international human rights law.

In the wake of failed appeals by the six members of the "Bali Nine" sentenced to death, a new report released today finds that the death penalty for drug offences is a major violation of human rights. The report, The Death Penalty for Drug Offences: A Violation of International Human Rights Law, has been published by the London-based International Harm Reduction Association (IHRA), which is affiliated with the ADF.

Professor Nick Crofts, Deputy Chairman of IHRA, in releasing the report has called upon the Rudd Government to strongly advocate in all regional and international forums for the abolition of the death penalty.

"On this, International Human Rights Day, the new Federal Government has a perfect opportunity to begin rebuilding Australia's pre-eminent role as a world leader in championing the cause of human rights," he said.

"It is the perfect opportunity to begin to set to rights Australia's abysmal record over the years of the Howard government, which was silent or complicit in multiple human rights violations - including delivering the Bali nine to the Indonesian government, knowing that they would face the death penalty." Of the nine Australian nationals currently being held in Bali, six are on death row, having been convicted of drug trafficking. An appeal by three of them against their death sentences failed last month.

While the number of countries practicing capital punishment has steadily decreased over the past twenty years, the IHRA report highlights that the number of death penalty states expanding capital crimes to include drug offences has steadily increased. Of the 64 countries that retain capital punishment, half apply the death penalty to drug-related offences. In many of these countries the death penalty may be applied to people convicted for possession of illicit drugs, not only to those convicted for trafficking offences.

In 2001, for example, over fifty people were publicly executed in China for drug-related crimes at mass rallies, at least one of which was broadcast on state television. Most of these deaths go unnoticed by the international media.

Under the International Covenant on Civil and Political Rights (ICCPR), the use of capital punishment, while not prohibited outright, is restricted in several ways. One of the key restrictions is that the death penalty may only be applied for the "most serious crimes". Both the UN Human Rights Committee and the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions have stated that drug offences do not constitute "most serious crimes" under the ICCPR, and that executions for such offences are therefore in violation of international human rights law. Less than a month ago, a UN General Assembly panel adopted a resolution calling for the total abolition of the death penalty around the world.

Bill Stronach, CEO of the Australian Drug Foundation, has also called for the new Australian Government to take a strong stand on human rights violations:

"The UN human rights system has stated definitively that drug-related crimes do not constitute death penalty offences. Executions for drug offences therefore violate international human rights law, and the international community, including Australia, must bring pressure to bear upon states to end this illegal practice.

"While progress towards the abolition of capital punishment is a significant success of the human rights movement, the expansion of capital punishment for drug offences during that same period can only be seen as a dramatic failure."

About IHRA

The International Harm Reduction Association (IHRA) is a leading international non-governmental organisation promoting policies and practices that reduce the harms from all psychoactive substances, harms which include not only the increased vulnerability to HIV and hepatitis C infection among people who use drugs, but also the negative social, health, economic and criminal impacts of illicit drugs, alcohol and tobacco on individuals, communities and society. You can find out more at http://www.ihra.net.

About HR2

In 2007, IHRA established HR2, the Harm Reduction & Human Rights Monitoring and Policy Analysis Programme. HR2 leads the organisation's programme of research and advocacy on the development of harm reduction programmes and human rights protections for people who use drugs in all regions of the world. You can find out more at http://www.ihra.net/HR2 .

Australian Drug Foundation

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