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As wars, migration, and other dynamics re-shape politics and security in the Middle East and Europe, Turkey has been a bridge country in many ways. But one challenge that has been understudied is the illegal drug trade in the country. It is a complex and multidimensional issue that poses public safety, national security, and public health threats and risks—and one that I explore in detail in a new report for the Brookings project Improving Global Drug Policy: Comparative Perspectives Beyond UNGASS. For decades, Turkey has grappled with serious challenges related to the trade and use of illicit drugs. Drug cultivation itself subsided in the s, when poppy production was effectively licensed for the production of medical opiates, and illegal poppy cultivation and the diversion of opiates into the illegal trade. Today, illegal drug production today in Turkey is limited to cannabis, cultivated mainly for domestic consumption, and small amounts of captagon. A variety of drugs are trafficked into and through Turkey each year, including heroin, cocaine, synthetic cannabis bonsai , methamphetamine, and captagon a type of amphetamine. Turkish drug trafficking groups have gained considerable power, global reach, and market control across Europe particularly in heroin trafficking. Turkey is thus a key vector of the smuggling route that carries Afghan heroin to the West through the Balkans. Finally, drug trafficking networks in Turkey have diversified into and facilitated other forms of smuggling and illicit economies in Turkey, including the smuggling of Syrians to Western countries. Turkish drug trafficking groups are now involved in human smuggling, cigarette smuggling, and antiquities trafficking. Beyond criminality and corruption, drug trafficking in Turkey is a matter of national security. Even in , drug traffickers arrested in Turkey said it was impossible to cross the border without paying the PKK, and that only traffickers connected to the group could cross without paying. Equally troubling, drug consumption is on the rise in Turkey, with a corresponding increase in the number of addicts. While cannabis and bonsai a synthetic form of cannabis are most frequently consumed, heroin use is also rising. Despite inadequate data, there is a widespread popular sense in Turkey, shared by Turkish law enforcement agencies, that drug use is reaching serious levels. However, the Turkish government has paid inadequate attention to drug use prevention and treatment, both of which are vastly underfunded and underdeveloped, while drug seizures and crackdowns on small-scale drug peddling have been overemphasized. Tens of thousands of people have been charged with drug trafficking for possession and sale of cannabis, for example. Harm reduction policies and even basic research and analysis, meanwhile, have been lacking. Philip H. Turkish drug policies remain mostly ineffective in responding to drug use, preventing drug trafficking in Turkey, and mitigating the threats it poses. As I detail in my new report , Turkish drug policies today are not effective, comprehensive, or integrated. This is all the more unfortunate since between and , the criminal justice system, police, and drug policies in Turkey registered many improvements. After decades of political turmoil, weak governance capacity, and political interference in law enforcement, Turkish police and law enforcement agencies experienced significant modernization, institutional development, and robust growth in capacities during that decade. These changes also resulted in more effective policies toward drug trafficking. Unfortunately, the improvements in policy design and capacity were eviscerated after December , when the Turkish government purged the police forces and the judicial system following revelations of extensive corruption in the top levels of the Turkish government. Since then, whenever police operations have revealed corruption within the government, law enforcement and judiciary personnel have been fired. Hard as it is—given the current political context in Turkey and the dismantling of rule of law there—Turkey needs to adopt fundamental reforms in its fight against the drug trade and its efforts to limit the negative effects of drug use. It should expand resources for and focus on harm reduction and demand reduction. Turkey should also strengthen the capacity and independence of its law enforcement and judiciary through improved laws, investigative procedures, and bolstered capacities. The government should improve anti-money-laundering and anti-corruption capacities, regional counternarcotics cooperation, border security, and the vetting of migrants and refugees in Turkey for connections to terrorism and organized crime. Central Asia Turkey. Foreign Policy. David R. Sections Sections. Sign Up. Mahmut Cengiz MC. Winning Turkey. A Changing Turkey. Author MC. More On. Rethinking domestic law enforcement in the fentanyl crisis. Harm reduction strategies to tackle the fentanyl crisis. Breaking barriers to opioid use disorder treatment.

Spotlight: Turkey desperate for sustainable solutions to epidemic drug problem

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In Turkey, almost all drugs are considered illegal and there is no legislation that allows the medical use of any non-pharmaceutical drugs. The main legislation and the provisions concerning illegal drugs are set forth at the Turkish Penal Code No. As noted above, drug possession for personal use is regulated under Article of the Turkish Penal Code. According to subparagraph 1 of this Article , anyone who purchases, accepts, or possess illegal drugs for personal use shall be sentenced to prison from 2 years up to 5 years. One of the most common arguments against such severe punishment, especially from foreigners, is that foreigners visiting Turkey are not aware that their actions constitute crimes and should therefore be exempt from these provisions. Although this punishment seems severe, especially when compared to provisions applicable in Europe and the United States, this is nevertheless the applicable law in Turkey, and claiming that the offender did not know the law and therefore did not intend to commit the crime is not an adequate defense in such a situation. This is quite important, as the law states that all public prosecutions must be postponed for all charges regarding drug possession as per Article , provided that the suspect does not have any priors from similar offenses. According to the title, this article gives a discretionary power to prosecutors to decide whether to proceed with a public prosecution, subject to certain rules and requirements. Accordingly, the prosecutors may not shall decide to drop all charges and decline to commence a public prosecution under certain conditions. The mechanism provided for drug possession charges is a mandatory mechanism that the prosecutors are required to use, whereas the general mechanism set forth the Criminal Procedure Code is an optional one, left to the discretion of the prosecutor. This probation period can be much longer in practice and in certain cases it can extended for the entire five-year postponement duration, depending on the specifics of the case and the suspects. Several different probationary measures may be applicable to suspects, again depending on the specifics of the case. The probation mechanism and probationary measures are governed by the Criminal Procedure Code and the Regulation Regarding Probation Services. It is important for the suspect to adhere to this notice and appear before the directorate within the given time, as failure to do so may be deemed as grounds to revoke the probation and postponement decision, and a public prosecution may be commenced by the prosecutor against the suspect. The program may include regular checks, which may require the suspect to appear before the directorate in pre-determined time intervals for example once a week, or once every two weeks , periodic urine samples, rehabilitation and counseling services where the suspects are required to attend classes or are required to appear before counselors etc. Since the postponement decision is not issued by a competent court but rather is directly issued by the prosecutors, there are no court hearings or a judicial process before such decision is issued as the law sets forth this decision as a mandatory decision that must be issued by the prosecutors. Due to this mandatory mechanism, it is generally not possible for suspects to argue their innocence before such postponement decision is issued. Therefore, suspects who believe that they are wrongly accused or who do not want a postponement decision for any reason, should file for an objection against the postponement decision before the competent courts. The problem with an objection filing is that it arises from the same Article of the Criminal Procedure Code, which refers to Article for objections against postponement decisions. However, the referred Article only provides a right of objection only to the victim of the crime and only in cases where the prosecutor decides that the case does not merit a public prosecution and drops all charges. It does not provide a right of objection to the suspect where a postponement decision is issued. This is therefore a complicated issue and courts have issued conflicting decisions regarding the right of objection of the suspect. As mentioned above, it is important for the suspects to adhere to the notices to appear before the directorate within the given time, as failure to do so may be deemed as grounds to revoke the probation and postponement decision. It is also extremely important for suspects to strictly adhere to the assignments and probation measures issued by the directorate, as any failure to do so may be result in the revoking of the postponement decision and the suspects may face actual jail time following the commencement of a public prosecution. It is therefore imperative that persons who are on probation to adhere to these rules strictly, and in case they are unable to keep an appointment date due to a justifiable reason, they should immediately notify the directorate regarding their current situation. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. Our attorneys provide an extensive range of counselling to cover our client's legal issue comprehensively. We ensure that our clients receive tailored solutions for their specific legal issues. Explore Firm Details. Ali Yurtsever. Your Author LinkedIn Connections. See More Popular Content From. Learn More Accept.

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