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Connolly, Johnny Reports examine effects of decriminalisation of drugs in Portugal. Drugnet Ireland, Issue 30, Summer , pp. Portugal became the first country in the European Union to decriminalise all drugs, including cocaine and heroin, under a statue passed in Drug trafficking continues to be prosecuted as a criminal offence. The law, according to a report commissioned by the Beckley Foundation,2 'formed part of a strategic approach to drug use which aimed to focus police resources on those people who profit from the drugs trade, while enabling a public health approach to drug users' p. A recent analysis of the legal reforms by the US-based Cato Institute3 has concluded that 'judged by virtually every metric, the Portuguese decriminalization framework has been a resounding success' p. Repository Staff Only: item control page. Skip to main content Link to Health Research Board twitter page, opens in new window Link to Health Research Board r s s feed, opens in new window drugslibrary hrb. Preview Title Contact Preview. Although several EU states have developed either formal or de facto forms of de-penalisation, particularly for personal cannabis use, whereby offenders seldom receive custodial sanctions, no EU state except Portugal has explicitly decriminalised drugs. Under the statute, decriminalisation applies to the consumption, purchase and possession of all drugs for 'one's own consumption', which is defined as a quantity 'not exceeding the quantity required for an average individual consumption during a period of ten days' Article 2. No distinction is made between drug types or between public and private consumption. The statute establishes Commissions for the Dissuasion of Drug Addiction CDTs to adjudicate and impose appropriate sanctions for violations of the new law. The CDTs comprise three members appointed jointly by the ministries of justice and health and the government's co-ordinator of drug policy, whereby one will have legal training and at least one of the other two will have a medical or social services background. In the absence of evidence of addiction or repeated violations, the imposition of a fine is to be suspended. The CDT can also suspend sanctions on condition that the offender attends treatment. The Cato report points out that it is difficult to enforce such conditions in practice 'since violations of a commission's rulings are not, themselves, infractions of any law' p. Where offenders are deemed to be addicted to drugs, the CDT can impose a range of other sanctions, including, as summarised in the Cato report, 'suspension of the right to practise a licensed profession doctor, lawyer, taxi driver ; a ban on visiting high-risk locales nightclubs ; a ban on associating with specified individuals; In determining the appropriate sanction, the CDT must consider factors such as 'the seriousness of the act; the type of drug consumed; whether consumption was public or private; and whether usage is occasional or habitual' p. However, providing drugs to a minor or to a person with mental illness is considered an aggravating factor under the general prohibition of trafficking, which is punishable by imprisonment of between four and 12 years. Police officers who observe drug use or possession are required to issue citations to the offender, but they are not permitted to make an arrest. The citation is sent to the CDT and the administrative process then commences. The Cato report notes that the reaction of police officers to the initiative has been mixed, with some believing that 'the issuance of citations, without arrest or the threat of criminal prosecutions, is worthless' p. The Beckley Foundation report described the nature of the support for the latter view:. The law enforcement sector was seen as supportive of the reform, particularly because they perceived decriminalization and referral to education and treatment as offering a better response to drug users than under the previous legislative approach. Key informants asserted law enforcement have embraced the more preventative role for drug users. Cannabis continues to be the substance for which the greatest percentage of drug offenders are cited. Despite fears expressed by those opposing the reform prior to , decriminalisation has not led to an increase in drug use. On the contrary, lifetime drug prevalence rates have decreased in Portugal since the reform. For the critical age groups of years and years, 'prevalence rates have declined for virtually every substance since decriminalization' p. Furthermore, the author links a fall in the numbers of new cases of drug-related HIV and AIDS, hepatitis B and C infection, and drug-related death to the coming into effect of the law in Although he acknowledges that these trends started prior to and were due in part to education reforms and harm reduction initiatives introduced in Portugal, he suggests that the removal of the fear and stigma of arrest and prosecution incentivised drug users to avail of these new treatment and education initiatives. The analysis by the Beckley Foundation sounds a more cautious note, which probably accurately reflects the current debate about decriminalisation in Portugal:. Decriminalization has enabled earlier intervention and more targeted and therapeutic responses to drug users, increased collaboration across a network of services and increased attention to adopting policies that work. Yet, key informants also highlighted that impacts were less than expected and that there were concerns over the message that decriminalization was sending to new drug users. Briefing paper Oxford: The Beckley Foundation. Available at www. Greenwald G Drug decriminalization in Portugal: lessons for creating fair and successful drug policies. Washington DC: Cato Institute. Item Type. Publication Type. International, Open Access, Article. Drug Type. Issue Title. Issue 30, Summer Page Range. Health Research Board. Accession Number. HRB Available.
Who is taking cocaine in Portugal?
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Portugal has seized records amount of cocaine from South America in recent months, underscoring how the country is regaining its place as a significant drug entry point and transit hub. Most recently, on August 8, Portuguese police seized over 1. The result is that looks set to be a record-setting year for Portuguese cocaine seizures. To date, no academic research has focused on the actions of transnational criminal groups in Portugal. But the better we understand this reality, the more effective we can be at countering such groups. IC: How important is Portugal as a transit hub in the European cocaine pipeline? SF : Portugal has always been a point of reference in the transatlantic cocaine trade. The country lies along some of the traditional transit routes: the northern route, the central route, and the West African coast route. The first two pass alongside the two Portuguese archipelagos in the Atlantic Ocean, where many vessels make a stop — the Azores and Madeira. The third route runs along the West African Coast and includes countries with which Portugal has historical affinities, such as Cape Verde and Guinea-Bissau. Looking at the quantities seized, we can identify periods of high seizures and periods in which they decrease significantly. I think this is due to several factors. Firstly, the activity of specific criminal groups, such as Galician clans in Spain. Secondly, the constant diversification of routes: in recent years, drug trafficking routes have tended to get closer to consumer markets. And thirdly, the law enforcement strategies adopted by Portuguese authorities. Since , Portugal seems to have taken on a more central role in the cocaine pipeline to Europe. This can be seen from the larger quantities that have been seized and from the involvement of important international criminal groups in drug trafficking through the country. From to , Portugal was either in fifth or sixth place in Europe in terms of cocaine seizures. And That is an increase of over 20 percent from the total amount seized in SF : Brazil has been the leading country of origin for cocaine seized in Portugal for at least a decade. In addition to those two, seizures have been common on vessels from Venezuela , the Dominican Republic , Costa Rica , Ecuador , and Paraguay , as well as the Caribbean. These places of provenance have remained relatively stable in recent years. What has changed in the last decade is the large decline in seizures of cocaine from West Africa, particularly Cape Verde and Guinea-Bissau. IC: What about personnel? Which Latin American nationalities are most active within the Portuguese cocaine trade? SF : In the last decade, the role of Brazilians in cocaine trafficking in Portugal has grown substantially. Since , they have represented the second nationality with the highest number of detainees for cocaine trafficking, right after Portuguese citizens. He lived in Lisbon for two years and was the head of a global trafficking network. In addition, Spanish citizens have often been detected, as well as Dutch, Albanians , Colombians, and Venezuelans in smaller numbers. Generally, these individuals do not have major personal connections to Portugal, they have logistical support bases in the country and use it only to traffic drugs. Portuguese traffickers mostly confine themselves to providing for domestic supply through the direct purchase of cocaine in Latin America, Africa, or other European countries such as Spain. They are rarely part of large-scale cocaine operations. When they are, they typically act as low or mid-level operators rather than leaders. Do they have any visible links to Portugal? In recent months, specific media reports have alleged that certain individuals are part of the gang, but their connection to the PCC has not been proven. One such case, from April , involved the seizure of two tons of cocaine and the arrest of three Brazilians. Another case concerned Nelma Kodama , a Brazilian black-market currency trader, who was arrested last April. Is that also the case in Portugal? SF : Roughly 80 percent of the cocaine seized here comes by sea. In recent years, the use of fishing boats has declined. Hiding cocaine in containers of fruit is advantageous as it allows for a regular supply. It can also be facilitated by corrupt infrastructure employees who work with the traffickers. That said, around 3. And in , Portugal seized around 5. IC: What about yachts leaving cocaine floating in the ocean for onward pick-up. Does that still happen? SF : Direct entry into ports is much more common, likely due to increased patrolling. However, Portuguese and Spanish authorities recently carried out a police action against shipyards that were producing speedboats to collect hashish and cocaine around the Iberian Peninsula. In the first six months of this year, authorities have frequently seized smaller quantities of drugs, between 20 and 50 kilograms, sent by air cargo. IC: And approximately how much of that cocaine is destined for the domestic market compared to onward transit? SF : Only a tiny fraction of the cocaine seized in Portugal is destined for the domestic market. National cocaine consumption is small and of little interest to international groups, especially compared to other European markets in which both the volumes consumed and prices paid are substantially higher. SF : Portuguese authorities have tried hard to crack down on cocaine and have performed well. Authorities can improve on information sharing and cooperation. In most cases, organized crime is transnational, which means fighting it must also be transnational. Subscribe to our newsletter to receive a weekly digest of the latest organized crime news and stay up-to-date on major events, trends, and criminal dynamics from across the region. Donate today to empower research and analysis about organized crime in Latin America and the Caribbean, from the ground up. Skip to content. IC: What the main countries from which cocaine arrives in Portugal? IC: Any closing thoughts? Stay Informed With InSight Crime Subscribe to our newsletter to receive a weekly digest of the latest organized crime news and stay up-to-date on major events, trends, and criminal dynamics from across the region.
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