Illicit Drug use in the Asia Pacific Region - Burnet Institute

Situational analysis of illicit drug issues and responses in the Asia–Pacific region
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can result in imprisonment for no less than
seven years . The smuggling, trafficking or
manufacturing of illicit drugs can result in
either the death sentence or a life sentence:
possession of 5 kilograms of cannabis resin,
one kilogram of heroin or 50 grams of cocaine
can result in the death penalty (UNAIDS and
UNDCP, 2000; UNDCP, 2000) .
Public sentencing rallies have a long history
in China and were known as a shaming ritual
acted out in public for deterrence and educational
purposes . They were often conducted
in public spaces such as market sites, stadiums
and community halls . Drug-related crimes are
also publicised in such a way and in 2001 it
was reported in south-west China that, while
police publicly burnt 30,000 grams of heroin,
on the same day 10 people convicted of drug
trafficking were publicly executed (Travaskes,
2003) . The death penalty is routinely used
against those convicted of drug use where
previously the punishment may have been
long-term imprisonment . In June 2002, it
was reported that a minimum of 150 people
were executed for drug-related crimes to mark
the UN-designated International Anti-Drugs
Day . In 2004, during the same month and
to mark the same occasion, over one week,
50 people were executed for drug-related
crimes in eight of China’s provinces; overall,
across China, the number was believed to be
hundreds (Amnesty International, 2004; FIDH
and Human Rights in China, 2004) .
By 2003 the relationship between NNCC
Beijing counter-narcotics efforts and those
at the provincial level has grown closer, with
increased training and exchange programs .
The NNCC has implemented a program in
which officers from different parts of the
country are seconded to major counternarcotics
offences in China to learn how to
deal more quickly and effectively with drug
investigations (United States Department of
State, Bureau for International Narcotics and
Law Enforcement Affairs, 2004a) .
According to Chinese law, drug users must be
rehabilitated, and consequently the country
has adopted compulsory treatment as its main
principle . It is the role of local government
to organise Public Security, the Judiciary
and the Public Health Department to run
the compulsory rehabilitation centres (CRC)
(UNDCP, 2000; UNAIDS and UNDCP, 2000;
Information Office of State Council, 2000a;
2000b) . While the NNCC has historically
been supply- and demand-oriented, in June
2004 harm reduction was added as a third
component with equal priority, during a
National Conference on Drugs sponsored by
the Ministry of Public Security (Harm Reduction
Working Group, 2004) . For information
on the rehabilitation process, see under Health
and treatment responses, below .
Health and treatment responses
An identified drug user is first sent to a compulsory
rehabilitation centre (CRC) for 3–6
months, but as of late 2004 the Ministry
of Public Security has been considering extending
the length of detention to 12 months,
to provide psychological support and job
training (Harm Reduction Working Group,
2004) . Detoxification is usually provided
through a mix of western and Chinese
medicines and herbs . At the main CRC in
Kunming City, the information sheet states
that the herbal remedy provided consists of
blood vine, small black medicine, hill full of
fragrance, one cup fall over, bird that controls
the river and over 20 kinds of Chinese
medicinal grasses and ethnic medicines
(Human Rights Watch, 2003) . Apart from
the medicine, the program includes medical
and psychological treatment, legal education
and ‘moral education’ .
In 2004, there were 583 CRCs, providing
116,054 beds, administered by the Public
Security Department (PSD) and accommodating
mainly drug users who have been
arrested . Government data show that the
number of people sent to CRCs from 1998
to 2003 totalled 1,493,000 . In recent years
the country has been forced to quadruple its
capacity as a result of the increasing number
of registered drug users . Around 12 new CRCs
will be created in 2005, and an expansion
of CRCs is included in the NNCC Five Year
Strategy for 2004–2008 . The number of drug
users entering CRCs was over 220,000 per
annum in 2003 (Harm Reduction Working
Group, 2004, 22 October; Human Rights
Watch, 2003; National Narcotics Control
Commission, 2004a; Population Services
International/China, 2004) .
Decentralisation and health system reform
have resulted in the CRCs being under pressure
to generate their own income to support
their operating costs . As of 2002 drug users
were charged a fee of around US$193 for
two months’ treatment, which included food,
medicine and accommodation . For those
unable to pay, arrangements for financial
support can be accessed from the local county
administration . When drug users complete
a program, they are required to pay around
US$18 to be released and to be followed up
every six months for urine tests for heroin
residues . A failed test results in being sent
once again for detoxification . However, tracking
those who have been released for urine
tests is problematic, and in Guangxi it was
reported by officials that 80 per cent of the
released drug users were difficult to locate
(Population Services International/China,
2004; Yap et al ., 2002) .
Some CRCs are small while others hold 2000
detainees, such as the one in Kunming City,
Yunnan — currently the largest in Asia .
Reportedly the moral and psychological
education provided there is more oriented
towards a military-style camp than rehabilitation,
with rote repetition of slogans,
marching, exercises and shouting of numbers
(Human Rights Watch, 2003) . In some circumstances,
drug users deemed unsuitable for
treatment are placed under the guardianship
of family members and the education of and
administration of the local PSD . There are
247 voluntary rehabilitation centres (VRC)
providing more than 8000 beds . Most of
these facilities are located within psychiatric
hospitals, and while treatment is termed
‘voluntary’, discharge cannot occur until
treatment is complete (the PSD also maintains
a close collaboration with these establishments)
. Some of the VRCs resemble China’s
two star hotels, and while patients can have
access to more facilities, the fee of about
US$10 per day on average is a considerable
amount, beyond the reach of ordinary
Chinese . In addition, in some places rapid
detoxification is required, and counselling is
not offered or is rare (Human Rights Watch,
2003; Population Services International/
China, 2004; Yap et al ., 2002) . The Ministry
of Health has strengthened the guidance of
VRCs, and has drafted Standards for Drug
Rehabilitation Treatment and organised
writing and training materials (National
Narcotics Control Commission, 2004b) .
If a person relapses following discharge from
a CRC, they are then sent to a re-education
through labour centre (RELC) for an average
of two years and a maximum of three years .
Residents are forced to undergo re-education
coupled with physical labour . Currently, there
are 165 RELCs in the country, administered
by the Justice Department . It was reported
that 61,500 people were sent to such labour
centres in 2003 (National Narcotics Control
Commission and Public Security, 2004c;
Population Services International/China,
2004; Yap et al ., 2002) . In such centres
detainees are compelled to work, are not
paid for their labour and are charged for
room and board at around US$1 .75 per
day . Such centres raise additional income
as the detainees produce goods that are then
sold in local markets (Human Rights Watch,
2003; Thompson, 2004) .
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Country profiles: China