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Drug Law enforcement - is it a losing battle?

by B. Anton Jeyanathan

It is prudent to ask the question as to why only one day June 26 is declared as an "Anti Drugs Day" whereas each and everyday should be considered as "Anti Drugs Day". Yes, indeed everyday of the year should and must be treated as a day to fight against narcotic drug use and drug abuse.

Considering the economic, health and social devastation that has engulfed our beloved country due to the proliferation of narcotic drugs available in our country, society has to be vigilant until the menace is eradicated.

Statistics

Statistical analysis in respect of any subject matter is a near indication of the gravity or seriousness of any subject matter under review.

In respect of the availability of drugs, quantity of drugs, quality of drugs seized, number of persons arrested, number of persons convicted for drug offenses etc, one has to rely upon the annual report published by the Police Narcotic Bureau (PNB) each year.

The last available annual report published by the (PNB) for the year 2003 reveals such statistics.

Some of the relevant statistics are reproduced below for the benefit of the readers.

1. Quantity of drugs seized by agencies, where the type of drug seized and the names of the agencies who made the seizure are elaborated.

Going by the statistics it is crystal clear that more quantities of both Heroin and cannabis have been seized by the agencies in the year 2003 compared to the seizures in the year 2002. From the press reports during the 2004 it could be safely concluded that more quantities of drugs both Heroin and Cannabis have been seized in the year 2004.

Reasons for increase in the demand and supply of narcotic drugs

What does the increase in the quantities of drug seizure indicate? It is the indication of the availability of more and more drugs for consumption more and more users are demanding for use of narcotic drugs and that the "Demand" and "Supply" of narcotic drugs are on the ascending scale.

Several reasons could be attributed for the increase in the "Demand" and "Supply" of narcotic drugs. Of such many reasons, one could group few vital reasons, such as social environment, frustration, unemployment, under employment, desire for amassing illegal wealth, corruption in the law enforcement agencies, and the nexus between the drug traffickers and criminal elements, as well as patronage by some unscrupulous Politicians, as some of the important reasons for the increase in the "Demand" and "Supply" of Narcotic drugs.

Corruption in Law enforcement agencies

There are three law enforcement agencies empowered legally to implement the laws pertaining to drug trafficking, which are the Customs department, Police department, and the Excise department.

Officers of the Customs dept are the front line drug law enforcement officers who at the Bandaranaike International Airport and the Harbours have the opportunity to detect and prevent anyone coming into our country either legally or illegally from bringing in large quantities, Heroin or any other synthetic narcotics drugs into our country.

Officers of the Police department who are large in numbers stationed in all parts of our country are the next vital arm of the drug law enforcement agency.

Officers of the Excise Department too are empowered to implement the laws under the Excise ordinance to detect offenders under the Excise ordinance, as well as under the existing drug law.

Corruption amongst the officers in all three law enforcement agencies are well known to the members of the public.

Corruption amongst the officers of the Police department which is being highlighted through the print and electronic media are ample proof of the extent to which the cancer of corruption has spread.

I will only re count the wide publicity given in both print and electronic media of the level of corruption, after the recent murder of Mr. Sarath Ambepitiya the High Court Judge.

Screaming headlines alleged the links between the prime suspect who is now facing a charge of murder who is also well known for his drug trafficking activities, and senior Police officers.

The bomb throwing incident on a jeep in the Kollupitiya police area, allegedly driven by a Police officer where another well known drug trafficker was said to have been inside the jeep with the police officer, is another instance of the links between the drug dealers and the officers of the Police department. These two incidents are only few of the well publicized news items highlighting the corruption amongst the officers of the Police department.

Nexus between drug trafficking and criminal acts

Police investigations into several murders committed mostly in the city and the suburbs have revealed that murders were committed due to rivalry amongst the drug traffickers, elimination of rival competitors, elimination of persons who had cheated in the process of drug trafficking activities either by siphoning large quantities of drugs entrusted to the couriers for smuggling purposes or for purpose of distribution and misappropriating large chunks of proceeds from drug trafficking operations.

In addition to the reported murders, which naturally received publicity through print and electronic media, several cases of thefts, robberies, house breakings, had been reported where the drug addicts were responsible for committing such crimes in order to finance the cost of the daily purchases of narcotic drugs for their consumption.

Political patronage

The illegal wealth hoarded by drug traffickers are used gainfully to invest in various political groups, to receive patronage from the political party whichever, emerges victorious to form the Government.

Irrespective of shades and colours, the illegal wealth is invested in political parties, and individual politicians, to make use of their influence and power on the law enforcement agencies to allow their supporters a free hand to carry on their drug trafficking activities. Several instances of such political connections have been highlighted through the mass media.

Smuggling

Speaking of narcotic drugs we in Sri Lanka have still not realized or come to grips with the inflow of large quantities of heroin which is smuggled mostly from India and Pakistan.

The enormous profit derived in trafficking in heroin has lured many businessmen who have been accustomed to deriving illegal profits through various nefarious activities. There are three key players who form the chain of drug trafficking. The Financier, Smuggler and the Supplier.

The suppliers are mostly from the southern coastal belt of India where smuggling activities between North Western coastal area and southern coastal area take place at a regular frequency. Smuggling has been a long standing illegal trade between the southern coastal belt of Tamil Nadu or Chennai and North Western coastal belt of Chilaw, Negombo, Wattala of Sri Lanka.

The suppliers are mostly of Indian origin and in a minor percentage Sri Lankans who have taken refuge in the coastal belt of the Southern part of India. The smugglers are the fishermen who are well equipped and conversant with the directions and landing points between the two coastal points.

Fishing alone has not brought them adequate income or wealth. Most of them indulge in smuggling activities of which smuggling of heroin has now become the most profitable commodity of smuggling.

The financiers are a cartel of businessmen who have mastered the art of earning illegal money through smuggling activities. They act independently as well as collectively. These financiers live a life of paradise with palatial houses, fleet of modern vehicles.

They have connections with politicians, and political parties, customs officers and police officers. They compromise the above category of officers, either through favours done or through lavishly throwing money. The above three key players in the chain of drug trafficking have brought in misery to many youths, many members of the families.

They have been responsible for the increase of crime, they have been responsible for the perpetuation of "Black Money" in our country.

The victims

The ever increasing large number of users, abusers and addicts are final victims of the drug trafficking activities. The three key players hardly get caught for any offence under the poisons, opium and dangerous drugs ordinance (PODDO).

This law nets in mostly the users, abusers and addicts and does not cover the three key players, the suppliers, the smugglers or the financiers unless they are caught red handed with quantities of narcotic drugs.

I recall a Magistrate, having sentenced a drug addict, remarking to the following effect:

"It is sad to note that a small group of financiers of a particular ethnicity and a small group of smugglers, and suppliers, of a particular ethnicity are beyond the law whereas the majority who are users and abusers and addicts of a particular ethnicity are languishing in jail."

I leave it to the readers to identify the three ethnicity groups as referred to by the learned Magistrate.

Strategy

A combined, well planned strategy needs to be implemented to reduce both "Demand" and "Supply".

Demand reduction

Vigorous prevention education programmes need to be undertaken by the Government. The mass media, the Advertising agencies, the Education department, sports and youth affairs department, religious and social organisations, and representatives of all law enforcement agencies should be formed in to a well knit group to plan out the preventive education programmes to educate the masses, especially the youth and the school going population on the dangers of use and abuse of Narcotic drugs.

This campaign should be sustained throughout the year and continued until a zero level of demand has been achieved. A professional approach should be engaged in planning out the campaign. With so many radio, television stations, and newspapers, the relevant authorities have failed to use these channels of communication to the maximum on the campaign against drug trafficking.

Supply reduction

The law enforcement agencies should relentlessly pursue the law enforcement methods to seize as much as drugs available in the country for the users. They should target the smugglers and financiers. The Naval force should be inducted in to operations to prevent drug smuggling.

The legislators must enact legal provisions to rope in the money sharks, who cannot be touched due to lack of legislation to investigate in the money laundering offenses committed by the financiers and smugglers.

The banking laws need to be redesigned to allow the drug law enforcement agencies to probe in to the bank accounts of suspected drug traffickers. The Income Tax laws need to be shaped to unearth the illegal wealth stacked in the Bank accounts and other business establishments operated as cover establishments to hide the drug trafficking activities and the illegal wealth earned by drug trafficking activities.

The existing law (PODD), does not reach out to net the real master-minds of drug trafficking activities.

Community response

It is the community that suffers at the end, both economically and socially. If the community displays a negative attitude, expecting the law enforcement agencies and the Government to ensure the reduction in both demand and supply of Narcotic drugs, the community has to pay the price.

The community at large who are non users of narcotic drugs cannot sit back and blame the Government and the law enforcement agencies, for the perilous situation our country is in today. The community contribution to the efforts of the Government and the law enforcement agencies in the efforts to curb the menace should be evident, effective and substantial.

We cannot afford to lose the battle

Whether be terrorism, insurgency, religious and ethnic upheavals alcoholism, epidemic health problems or drug trafficking, no elected Government can afford to lose the battle in its efforts to eradicate menaces which erode the economic and social well-being of its citizens.

Eradication of any menace too is near impossible, however all menaces should and must be reduced to a level where such menaces do not retard the progress of the well-being of the entire society. A committed Government supported by the mass media, the law enforcement agencies and the community can win the battle against drug traffickers.

The writer is Deputy Inspector General of Police (RTD) and Vice President Colombo Plan International Society.

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