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Capital punishment for drug trafficking
Legal punishments for drug trafficking and other drug-related crimes
Legal punishments for drug trafficking and other drug-related crimes
Being involved in the illegal drug trade in certain countries, which may include illegally importing, exporting, selling or possession of significant amounts of drugs, constitutes a capital offence and may result in capital punishment for drug trafficking, or possession assumed to be for drug trafficking. There are also extrajudicial executions of suspected drug users and traffickers in at least two countries without drug death penalties by law: Mexico and the Philippines.
As of December 2022 Harm Reduction International (HRI) reports 3700+ people are on death row for drug offences worldwide. For 2022, HRI reports at least 285 executions by law for drug offences globally in 6 countries, 252+ in Iran, 22 in Saudi Arabia, and 11 in Singapore. Exact numbers are not possible due to "extreme opacity" in some countries: China, North Korea, and Vietnam.
A Harm Reduction International global overview of 2022 reported: "HRI has identified 35 countries and territories that retain the death penalty for drug offences in law. Only a small number of these countries carry out executions for drug offences regularly. In fact, six of these states are classified by Amnesty International as abolitionist in practice. This means that they have not carried out executions for any crime in the past ten years (although in some cases death sentences are still pronounced), and 'are believed to have a policy or established practice of not carrying out executions.' Other countries have neither sentenced to death nor executed anyone for a drug offence, despite having dedicated laws in place."
A March 2018 report by Harm Reduction International says: "Between January 2015 and December 2017, at least 1,320 people are known to have been executed for drug-related offences – 718 in 2015; 325 in 2016; and 280 in 2017. These estimates do not include China, as reliable figures continue to be unavailable for the country." 1,176 of the 1,320 total were in Iran.
According to a 2011 article by the Lawyers Collective, an NGO in India, "32 countries impose capital punishment for offences involving narcotic drugs and psychotropic substances." A 2015 article by The Economist says that the laws of 32 countries provide for capital punishment for drug smuggling.
TOC
Overview
Sentences for drug-related crimes, especially for trafficking, are the strictest in Asian countries. In January 2014, then-President Thein Sein of Myanmar commuted all the country's death sentences to life imprisonment. In South Korea, the law continues to provide for the death penalty for drug offences, although it currently has a moratorium on capital punishment: there have been no executions since 1997, but there are still people on death row, and new death sentences continue to be handed down. While capital punishment has been abolished in the Philippines, the Philippine drug war has led to thousands of extrajudicial executions against drug traffickers, which are endorsed by president Rodrigo Duterte and his government.
Use by country
Harm Reduction International in their 2022 report breaks down nations by high application, low application, symbolic application, and insufficient data. That breakdown in the Application column below is as of 2022 unless a later reference is used in that column for a particular country.
Note: Asterisk (*) after country name indicates Crime in LOCATION links.
| Location | Application | Notes | |||||||
|---|---|---|---|---|---|---|---|---|---|
| us*eft | Low | ||||||||
| us*eft | Low | ||||||||
| us*eft | Symbolic | ||||||||
| us*eft | High | last=Bellware | first=Kim | date=2016-01-06 | title=Mass Execution Is Part Of Saudi Arabia's Long History Of Horrors | language=en-AU | work=Huffington Post | url=https://www.huffpost.com/entry/saudi-arabia-mass-execution-history_n_568c43e1e4b0cad15e625f74 | access-date=2020-12-07}} |
| us*eft | Symbolic | ||||||||
| us*eft | Low | ||||||||
| us*eft | Low | ||||||||
| us*eft | Symbolic | url=https://web.archive.org/web/20130522223452/http://www.lawyerscollective.org/news/archived-news-a-articles/119-bombay-high-court-overturns-mandatory-death-penalty-for-drug-offences-first-in-the-world-to-do-so.html | date=22 May 2013 }}. 17 June 2011 by Lawyers Collective. "Consequently, the sentencing Court will have the option and not obligation, to impose capital punishment on a person convicted a second time for drugs in quantities specified under Section 31A. ... Across the world, 32 countries impose capital punishment for offenses involving narcotic drugs and psychotropic substances." | ||||||
| us*eft | High | Death penalty for drug-related crimes depending on severity (drug trafficking, possession of large amounts of drugs, etc.), other drug-related crimes may result in life sentencing or other harsh punishments. See also: Bali Nine. | |||||||
| us*eft | High | url=https://web.archive.org/web/20110702213925/http://www.iranrights.org/english/document-93.php#_edn66 | date=2011-07-02 }} | Lawyers Committee for Human Rights Published: May 1993 Iran ranks second in the world for most executions. In 2023, the country executed 853 individuals, with 481 of them convicted of drug-related offenses. | |||||
| us*eft | Low | ||||||||
| us*eft | Symbolic | ||||||||
| us*eft | Low | ||||||||
| us*eft | Low | ||||||||
| us*eft | Insufficient data | ||||||||
| us*eft | High | A Moroccan man was sentenced to death by the High Court on May 30, 2013, for trafficking in more than six kilograms of methamphetamine. A man was sentenced to death by hanging on September 3, 2021, for 299 grams of cannabis presumed to be for trafficking. | |||||||
| us*eft | Symbolic | ||||||||
| us*eft | Extrajudicial | Extrajudicial executions. See Mexican drug war. | |||||||
| us*eft | Symbolic | According to the cartography available on the French version of the website of the International Federation of Human Rights, drugs crimes can still be punished by the death penalty in Myanmar in theory. | |||||||
| us*eft | High | ||||||||
| us*eft | Symbolic | ||||||||
| us*eft | Symbolic | ||||||||
| us*eft | Low | ||||||||
| us*eft | Extrajudicial | By law the Philippines has no death penalty for anything. But the Philippine drug war that was enacted under president Rodrigo Duterte has led to thousands of extrajudicial executions against suspected drug users and traffickers. | |||||||
| us*eft | High | title='Cruel torture': Drug convicts await execution in Saudi | url=https://www.yahoo.com/news/cruel-torture-drug-convicts-await-112735966.html | work=AFP via Yahoo News | date=21 August 2024}} | ||||
| us*eft | High | See Misuse of Drugs Act (Singapore). | |||||||
| us*eft | Symbolic | Drug trafficking can result in a death penalty; however, South Korea has not had an execution for such offenses since 1997. | |||||||
| us*eft | Symbolic | url=https://web.archive.org/web/20170516114322/http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=South+Sudan | date=16 May 2017 }}. [Cornell Center on the Death Penalty Worldwide](https://www.deathpenaltyworldwide.org/about.cfm) . | ||||||
| us*eft | Low | ||||||||
| us*eft | Symbolic | ||||||||
| us*eft | Insufficient data | ||||||||
| us*eft | Symbolic | url=http://www.libertytimes.com.tw/2002/new/oct/9/today-c10.htm | title=綜合新聞 | website=www.libertytimes.com.tw | access-date=15 January 2022 | archive-url=https://web.archive.org/web/20121017214146/http://www.libertytimes.com.tw/2002/new/oct/9/today-c10.htm | archive-date=17 October 2012 | url-status=dead}} | |
| us*eft | Low | ||||||||
| us*eft | Low | ||||||||
| us*eft | Symbolic | Very large quantities or mixtures (e.g. on an industrial scale) of heroin, cocaine, ecgonine, phencyclidine (PCP), lysergic acid diethylamide (LSD), marijuana, or methamphetamine may result in the death penalty in the United States. So far, no prisoner has been put on death row for this reason. While the United States Supreme Court in *Kennedy v. Louisiana* (2008) struck down capital punishment for crimes that do not result in the death of a victim, it has left open the possibility for "offenses against the State" – including crimes such as "drug kingpin activity" (also, treason and espionage).[Chapter 4: The Death Penalty for Non-Homicide Drug Trafficking? Kennedy v. Louisiana and the Federal Death Penalty Act](http://usali-dp.org/chapters/drugs) . By Seth Gurgel. From the book *The Contemporary American Struggle with Death Penalty Law: Selected Topics and Cases.* U.S.-China Death Penalty Reform Project of the U.S.-Asia Law Institute of NYU School of Law. A paragraph from it that summarizes things (**emphasis** added): |
|- | useft |High | |- | useft |Insufficient data |Harm Reduction International reports: "imposition of one death sentence for drug use and trafficking of amphetamines and cannabis resin in June 2022. This is the first drug-related death sentence noted by a reputable source in 11 years". |}
References
References
- [https://hri.global/flagship-research/death-penalty/the-death-penalty-for-drug-offences-global-overview-2022 The Death Penalty for Drug Offences: Global Overview 2022]. [[Harm Reduction International]]. See the [https://hri.global/wp-content/uploads/2023/03/HRI_DeathPenalty_Report2022_REV.pdf full report]. Use page numbers on PDF, not from browser or reader. Page 15 breaks down nations: High Application, Low Application, Symbolic Application, and Insufficient Data. Page 25 for Philippines extrajudicial killings. Page 56 for Yemen.
- [https://hri.global/flagship-research/death-penalty/the-death-penalty-for-drug-offences-global-overview-2017 The Death Penalty for Drug Offences: Global Overview 2017]. By Gen Sander. March 2018. [[Harm Reduction International]]. See [https://www.hri.global/files/2018/11/13/HRI-Death-Penalty-Report-2018-v2.pdf full report].
- [https://www.talkingdrugs.org/death-penalty-drug-offences-world-map-hri Report Reveals World's Most Prolific Executioners for Drug Offences]. By Avinash Tharoor. 8 March 2018. [http://talkingdrugs.org/about TalkingDrugs], site sponsored by [[Release (agency). Release]].
- [https://www.economist.com/blogs/economist-explains/2015/04/economist-explains-28 Which countries have the death penalty for drug smuggling?] April 29, 2015. ''[[The Economist]].''
- [http://www.cnn.com/2009/WORLD/asiapcf/05/05/asia.drug.offence.penalties Penalties for drug-related crime in Asia]. May 5, 2009. [[CNN]].
- link. (13 May 2017 . [https://www.deathpenaltyworldwide.org/about.cfm Cornell Center on the Death Penalty Worldwide] {{Webarchive). link. (5 December 2019 .)
- link. (10 December 2019 . [https://www.deathpenaltyworldwide.org/about.cfm Cornell Center on the Death Penalty Worldwide] {{Webarchive). link. (5 December 2019 .)
- Chung Hye-min (February 6, 2015). [http://www.koreaobserver.com/drug-smuggling-reaches-a-record-high-in-south-korea-26160 Drug smuggling reaches a record-high in South Korea]. ''The Korea Observer''.
- "The Death Penalty in Bahrain". Cornell Center on the Death Penalty Worldwide.
- "10 October 2015 13th World Day against the Death Penalty "The death penalty does not stop drug crimes"". [[World Coalition Against the Death Penalty]].
- "DEATH PENALTY AND DRUG CRIMES - Detailed Factsheet - 13th World Day against the Death Penalty". [[World Coalition Against the Death Penalty]].
- Bellware, Kim. (2016-01-06). "Mass Execution Is Part Of Saudi Arabia's Long History Of Horrors". Huffington Post.
- [http://www.lawyerscollective.org/news/archived-news-a-articles/119-bombay-high-court-overturns-mandatory-death-penalty-for-drug-offences-first-in-the-world-to-do-so.html Bombay High Court overturns mandatory death penalty for drug offences; first in the world to do so] {{Webarchive. link. (22 May 2013 . 17 June 2011 by [[Lawyers Collective]]. "Consequently, the sentencing Court will have the option and not obligation, to impose capital punishment on a person convicted a second time for drugs in quantities specified under Section 31A. ... Across the world, 32 countries impose capital punishment for offenses involving narcotic drugs and psychotropic substances.")
- [http://www.iranrights.org/english/document-93.php#_edn66 The Justice System of the Islamic Republic of Iran] {{Webarchive. link. (2011-07-02). Lawyers Committee for Human Rights Published: May 1993
- (3 April 2024). "Iran executes 853 people in eight-year high amid repression, 'war on drugs'".
- "The Death Penalty in Libya". Cornell Center on the Death Penalty Worldwide.
- [http://www.nst.com.my/latest/moroccan-man-gets-death-for-drug-trafficking-1.290600 Moroccan man gets death for drug trafficking] {{webarchive. link. (21 October 2013 . 31 May 2013. ''[[New Straits Times]]''.)
- [https://www.thestar.com.my/news/nation/2021/09/03/delivery-man-gets-death-for-trafficking-29909gm-of-cannabis Delivery man gets death for trafficking 299.09gm of cannabis]. September 3, 2021 in [[The Star (Malaysia). ''The Star'' (Malaysia)]]. Archived [https://web.archive.org/web/*/https://www.thestar.com.my/news/nation/2021/09/03/delivery-man-gets-death-for-trafficking-29909gm-of-cannabis here].
- [https://www.fidh.org/fr/themes/peine-de-mort/la-peine-de-mort-pour-les-crimes-lies-a-la-drogue-en-asie "La peine de mort pour les crimes liés à la drogue en Asie"].
- [https://www.rappler.com/nation/things-to-know-death-penalty-philippines-worldwide FAST FACTS: Death penalty in the world and in the Philippines]. October 10, 2022. [[Rappler]].
- (21 August 2024). "'Cruel torture': Drug convicts await execution in Saudi". [[Agence France-Presse.
- link. (16 May 2017 . [https://www.deathpenaltyworldwide.org/about.cfm Cornell Center on the Death Penalty Worldwide] {{Webarchive). link. (5 December 2019 .)
- "綜合新聞".
- (2018-04-05). "Q&A: The Death Penalty for Drug Trafficking?".
- [https://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00069.htm The Federal Death Penalty Act of 1994]. Criminal Resource Manual 69. [[United States Department of Justice]] - [[United States Attorney]]s' Office. "In passing this legislation, Congress established constitutional procedures for imposition of the death penalty for 60 offenses under 13 existing and 28 newly-created Federal capital statutes, which fall into three broad categories: (1) homicide offenses; (2) espionage and treason; and (3) non-homicidal narcotics offenses."
- [https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=24+Vt.+L.+Rev.+1&srctype=smi&srcid=3B15&key=f248847387e0907bbaa818f45b826682 The death penalty for drug kingpins: Constitutional and international implications]. By Eric Pinkard. Fall, 1999. ''[[Vermont Law Review]].'' "In 1994 Congress enacted the Federal Death Penalty Act (FDPA) with provisions permitting the imposition of the death penalty on Drug Kingpins. The FDPA is unprecedented in American legal history in that the death penalty can be imposed in cases where the Drug Kingpin does not take a human life." See also: [[Violent Crime Control and Law Enforcement Act]], and the section on the Federal Death Penalty Act.
- [https://www.law.cornell.edu/uscode/text/18/3591#b 18 USC § 3591 - Sentence of death. Title 18 - Crimes and Criminal Procedure. U.S. Code]. [[Title 18 of the United States Code]]. [[Legal Information Institute]].
- [http://www.scotusblog.com/wp-content/uploads/2008/06/07-343.pdf Syllabus. Kennedy v. Louisiana]. Syllabus posted on [http://www.scotusblog.com SCOTUS blog]. SCOTUS is [[Supreme Court of the United States]].
- [https://pressn.net/article/13966459/amp?news=%D8%AC%D8%B2%D8%A7%D8%A6%D9%8A%D8%A9-%D8%A7%D9%84%D8%A3%D9%85%D8%A7%D9%86%D8%A9-%D8%AA%D9%82%D8%B6%D9%89-%D8%A8%D8%A5%D8%B9%D8%AF%D8%A7%D9%85-%D8%B4%D8%AE%D8%B5-%D9%88%D8%AD%D8%A8%D8%B3-%D8%AB%D9%84%D8%A7%D8%AB%D8%A9-%D8%A3%D8%AF%D9%8A%D9%86%D9%88%D8%A7-%D8%A8%D8%A7%D9%84%D8%A5%D8%AA%D8%AC%D8%A7%D8%B1-%D9%88%D8%AA The Secretariat Penal Code stipulates the death penalty for one person and the imprisonment of three who were convicted of trafficking and drug use]. Google translation of article title into English. ''Al Jadeed Press'' (27 June 2022).
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