June 27
UNITED ARAB EMIRATES:
Abu Dhabi death sentence pair were 'big-time dealers'
The 2 men sentenced to death for selling Dh1,500 worth of marijuana to an
undercover policeman were experienced dealers involved in smuggling larger
quantities of drugs including opium and heroin, according to the head of Abu
Dhabi Criminal Court.
The sentencing of Briton NL, 21, and MB, 19, from Syria, earlier this week
caused controversy for the relatively small amount of drugs involved.
But Chief Justice Sayed Abdul Baseer said yesterday that the pair's involvement
in drug dealing had been observed by police long before the sting operation in
which they were caught selling 20 grams of hashish.
He said the pair had previously dealt in harder drugs, including opium and
heroin, and were involved in a highly organised and professional operation.
"They would study the market and plan their steps ahead," said the chief
justice.
The chief justice added that the pair knew what they were doing each day in
advance. "They even discussed what penalty they could face if they were
caught," he said.
Experts who examined the mobile phone and BlackBerry messenger records of the
two men uncovered numerous discussions between the two about various drug deals
in which they debated how to import the drugs and how to sell them once they
were in the country.
In one conversation the Briton - who had previous convictions for possessing
and taking drugs - described the state of the UAE drug market, explaining that
1kg of hashish could fetch Dh9,000.
He also mentioned that he believed the punishment for dealing was a life
sentence, while the maximum jail term for consumption was 4 years.
A separate conversation between the Briton and a Spanish person, identified as
R, showed that the Briton had shipped at least 1 consignment of drugs into the
country, while a 3rd phone call involved an Emirati man requesting an
undisclosed amount of opium.
In yet another conversation the Syrian asked the Briton to provide him with
Dh1,000 worth of hashish. The Briton then asked for a chance to cut the
requested amount and weight it - proof, said the chief justice, that the pair
were involved in dealing, and not just consuming drugs.
Items recovered from their homes were also consistent with dealing, he said.
"Police found [in the Briton's house] special cutters to cut hashish and sell
it later on," said the chief justice.
Officers also found paper rolls used to pack hashish and other instruments used
to consume the drug.
The chief justice took the opportunity to explain why 2 others involved in the
case were given more lenient sentences.
He said that the 3rd defendant GA, a 17-year-old Emirati who was ordered to
enter rehabilitation, was guilty only of consuming the banned drug Tramadol. In
such a case, where a juvenile was involved, the law prescribed a period of
rehabilitation.
The 4th defendant FM, from Sudan, was also convicted of consuming only
Tramadol. However, as he was not a minor he received a jail term of 1 year. As
he is not Emirati he will also be deported.
The chief justice pointed out that all the defendants had confessed to the
charges, noting that the Emirati acquired the Tramadol from the Briton for
free, and that the Syrian admitted selling large amounts of hashish through
another unnamed Emirati.
He also explained that in cases of drug dealing, the law was not concerned with
the amount involved or how much it was worth.
"The criminal factor is fulfilled through the agreement to sell and buy, not
necessarily after money has been paid and the delivery has occurred."
Despite the chief justice's comments, the verdict of the criminal court
represents only the first stage in a long process.
Under law, any death sentence must be presented in 4 different courts and to 19
judges before it can be passed to the president or ruler of the emirate for
approval.
A legal source said that in the emirate of Abu Dhabi there were no previous
instances of a death sentence for drug dealing passing through all these
stages, as the sentence tends to be reduced either by the appeals court or the
court of cassation.
All death sentences must automatically be appealed by the public prosecution.
If the appeal court upholds the verdict the court of cassation then studies the
case to see if it fulfils the Sharia requirements.
If the court is unconvinced it returns the case to the appeals court for a 2nd
hearing. A different panel of judges will then study the case and if they
uphold the death sentence the case will return to the court of cassation for a
final verdict.
Those accused have a chance to defend themselves at each stage of the process.
(source: The National)
IRAN:
Death Sentence Marks Latest Battle in Iran’s Culture War
For the 1st time, the Iranian judiciary issued a death sentence to 2 men for
drinking alcohol, a crime typically punished by fines or flogging.
For roughly 30 years Iran has been in the throes of a culture war, as leaders
have attempted to beat back creeping Westernization, especially among the
youth. The latest salvo occurred on Sunday when the Iranian judiciary sentenced
two men to death for drinking alcohol—the first time the death penalty has been
imposed for such a crime.
Drinking alcohol has long been illegal in Iran. But when perpetrators are
caught, they typically face fines or flogging. The men in question had been
arrested twice before for drinking.
"The regime … has lost its popular base,” said Shirin Ebadi, a human-rights
lawyer and a 2003 Nobel Peace Prize winner.
“It wants to … frighten people and force them to obey the unfair laws of the
Islamic Republic."
Iran’s culture war has long been a delicate dance. Analysts say that
authorities typically arrest a few people who listen to banned music or sport
Western hairstyles. Then they turn around and tolerate similar tastes and
behaviors among the general public, for fear of causing widespread unrest; more
than half the country is under the age of 35, and young Iranians in particular
are fond of Western culture.
Yet Sunday’s announcement appears to reflect growing anger by Iranian
authorities over rising alcohol consumption. Indeed, the Iranian police
reportedly discover 5.3 million gallons of alcohol each year—the equivalent of
more than eight Olympic-size swimming pools. Most alcohol, however, is never
confiscated. Recently, the head of Iran’s Drug Control Headquarters estimated
that roughly $730 million worth of alcohol is shipped into the country each
year, but that only $200 million is discovered.
Iranian officials traditionally blame Western countries for the choices
Iranians make in their private lives, whether it be wearing Western fashion or
consuming alcohol.
“The Western world … [has] targeted the psychological and mental health of
Iranian youth,” said Issa Ghanbari, the deputy governor of West Azerbaijan
province, earlier this year at a press conference.
“With support from Western countries, smuggling gangs send insured and
guaranteed shipments of alcoholic beverages into Iran.”
Iran has attempted to put a damper on smuggling, especially in the Kurdish
towns in the country’s northwest, where critics say security forces have
employed often lethal tactics to deter couriers carrying illegally imported
goods.
(source: The Daily Beast)
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