Islamic Republic of Afghanistan

Transcription

1 Islamic Republic of Afghanistan Anti-drug Trafficking Policy Targeting High Value Drug Traffickers and their Networks May 2012

2 ر م روا وم ا ن Preface: In order to build a stable and prosperous Afghanistan we need to fight against all kind of threats and dangers our country has been subject to during the past decades. One of the biggest threats we are facing in Afghanistan is the drug phenomenon, which undermines our political stability and economic prosperity. Taking the negative impacts of this phenomenon into account and based on our national and international obligations the Afghan government and have taken effective and measurable steps to prevent drug cultivation, destroying poppy fields, establishing rule of law, disrupting drug trafficking networks and finally arresting the drug traffickers who has been the reason for these social, economic, political and cultural sufferings in our country. Undoubtedly organised crime and drug trafficking have had a noticeable impact on global economy and social life. The Ministry of Counter Narcotics, as the leading counter narcotics policy making and coordination organisation in the country, has a mandate to develop policies in partnership with other organisations including ministry of interior s counter narcotics section to target high value drug traffickers and large poppy landowners, based on our national and international commitments. There is no doubt that fighting against global drug trade is the joint responsibility of Afghanistan and the international community and that this joint responsibility needs collective 2

3 action and coordination globally, especially among the regional countries and countries located in drug trafficking routes. Afghanistan accepts the drug cultivation responsibility but cannot accept the international drug trade outside our borders and precursor chemicals export to our country. Precursors used to turn opium to heroin are not produced in Afghanistan, but they are exported into Afghanistan. Those countries that produce these chemicals have the responsibility of preventing their export to Afghanistan too. We should also not underestimate the rise of drug demand in the region and international market as a catalyst for rise of drug production in Afghanistan. It is well documented by the International Organizations that drug trade has a direct link with terrorism, it funds insurgency in our country and it is the main source of instability in the region. In order to combat this serious threat we need to work together, drug trafficking route countries need to realise that fighting drug trade is a shared responsibility and it has to be tackled on all levels including cultivation, trafficking and consumption. To meet the new challenges we face the ministry of counter narcotics revised its national Drug Control Strategy and drafted new policies using its previous years experience and lessons learned.. The new policies will have wide ranging effect in terms of combating drug trafficking, eliminating poppy cultivation, and preventing the activities of those organizations that play a destructive role in Afghanistan. The illicit drug trade might be profitable in some countries but let s not forget that these profits cause great catastrophe and crime too. In Afghanistan, the illicit drug trade supports violent anti-government groups and their anti-governmental activities. Furthermore, drug trafficking endanger our country s economy, threaten our sovereignty, and are a cause of poverty to our farmers. It is essential that all Afghan government ministries and agencies should collaborate in this regard and establish a sustainable approach and stability to seriously fight and control the drug phenomenon. In this struggle we need the international community s support as this phenomenon has spread to other countries like cancer disease and has caused global. The international fight against drugs has had significant importance for all regional countries in 3

4 recent years. The government of the Islamic Republic of Afghanistan and the Ministry of Counter Narcotics has recognised this priority as a national strategy for Afghanistan and needs the cooperation and support of the international counterparts to this process in Afghanistan, particularly financial support. The as the leading policy making and coordination organisation has a mandate to draft Afghan led policies that meet the challenges we face and are reflecting the reality on the ground. The appreciates the cooperation of the law enforcement agencies in helping to draft this policy (counter narcotic police, Border Police, judicial institutions, national security, customs and The Ministry of Defense). Taking into consideration the changing domestic and international situations, current reality on the ground in Afghanistan, and new technics used by the drug traffickers in the country y, there was an urgent need for a new policy in response to this serious threat. Once again we are grateful to all law enforcement agencies in helping us to draft this policy and we are especially grateful for the cooperation of the Counter Narcotics Police, the Border Police, the Special Judicial Center for Drugs, the Ministry of Justice, the Ministry of Defense, the Customs Department and the National Security Department. With the hope to free Afghanistan from with the help of God and the cooperation of our people to reach the goals of the government of the Islamic Republic of Afghanistan and to eliminate the drug phenomenon which has challenged, isolated and brought so much problem to the people of Afghanistan, and to save the Afghan society from the hands of domestic and international drug traffickers. 4

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6 Table of Contents Introduction:. 11 Methodology:..12 Law Enforcement Under The Framework Of National Drug Control Strategy (NDCS).. 12 Outlook And Objectives Of Ministry Of Counter Narcotics.. 12 Policy Objectives In The Next Five Years: Chapter One.. 14 Targeting Drug Traffickers Minor Traffickers...15 Current Situation Necessary Measures 15 Mid-Level Traffickers Current Situation Necessary Measures High Value Drug Traffickers Current Situation...17 Necessary Measures

7 Disruption And Destruction Of Drug Trafficking Networks Current Situation Culture Of Impunity Pressure Be Influential Groups. 19 Necessary Measures...20 Targeting Major Land Owners Involved In Poppy Cultivation Minor Land Owners Necessary Measures 22 Major Land Owners Necessary Measures Identifying and Prosecuting Of Government Officials Who Are Involved In Drug Trafficking.. 24 Current Situation Necessary Measures Targeting provinces with the Highest Level of Drug Trafficking Necessary Measures Money-Laundering.26 Current Situation Necessary Measures...27 Counter Narcotics Call Center.. 27 Current Situation Necessary Measures...28 Targeting Street Level Drug Selling and identifying Drug Dealers Current Situation Necessary Measures Government Vehicle Stop And Search Procedure Current Situation Necessary Measures Controlled Delivery Operations

8 Covert Surveillance Of Drug Traffickers Necessary Measures...31 Uniform Procedures To Accelerate Drug Trafficker Arrests, Prosecution And Detention Current Situation Evidence Gathering Procedures...33 Current Situation...33 Necessary Measures 33 Drug Addiction In Afghanistan Current Situation...34 Necessary Measures 34 Determining The Legal Amount Of Drugs For Addicts From 5 To 10 Grams Of Heroin Seized drugs disposal Current Situation...35 Destroying Heroin Production Laboratories Current Situation...36 Necessary Measures...36 Elimination Of Precursors Current Situation...37 Necessary Measures 37 Chapter Two. 38 Controlling The Borders Needs Assessment Effective Assessment of Border Administration...38 Eastern Border With Pakistan Southern And Western Borders With Pakistan And Iran Northern And North-western Borders With Central Asian Countries..41 8

9 Chapter Three Regional Cooperation Agreements..44 Controlled Delivery Extradition Treaties Afghanistan Counter Narcotics Representatives Inter-Ministerial Committee (IMC)...46 Regional Strategic Cooperation Centers Chapter Four Revising Poppy Eradication Procedures...47 Governor Led Eradication Poppy Elimination Plan Targeted Eradication Public Awareness Campaign..48 Procurement And Human Resources Plan.. 48 Chapter Five Suggestions To Modify The Counter Narcotics Law For The Following Points Reviewing The Counter Narcotics Law Eliminating The Name Trafficker From Farmers Difference Between Punishing Transferor/Employee And Actual Trafficker..50 Reviewing The Customs Section. 51 Money Launder - Hawala Destroying Precursors...51 Alcohol Usage Single Convention On Drugs United Nations Convention On Drugs And Addicting Chemicals (1988): 52 Adding An Article In The Counter Narcotics Law On Prepayments To Farmers

10 Chapter Six Creating A Trust Fund Program To Encourage Law Enforcement Officials For Their Hard Work..53 Methods For Generating The Budget Of The Encouraging Good Work Trust Fund.. 53 Institutions That Are Entitled To This Budget Chapter Seven. 55 Reviewing The Drug Trafficking Prisoners Situation Prison Cells For Traffickers.. 55 Punishments Or Rehabilitation Establishing Provincial Prisons. 55 Repetitive Criminals...56 Prisoners Access To Their Families Over-Crowd Of Prisoners Forced Work Facilities In Prisons...57 Early Parole For Prisoners Who Have Respected The Prison s Rules And Regulations Chapter Eight Enhancing The Capacities Of Relevant Institutions...58 Counter Narcotics Police of Afghanistan (CNPA).. 58 Ministry Of Defense.59 Border Forces.. 59 National Directorate Of Security Ministry Of Counter Narcotics Customs...60 Chapter Nine Coordination Among Counter Narcotics Institutions This Center s Responsibilities Are The Following Policy Implementation Plan

11 Monitoring And Evaluating The Policy Implementation Reviewing The Policy

12 Introduction This policy has been written according to article 7 of the Afghanistan constitution and article 65 of the Counter Narcotics law. The law enforcement department within Ministry of Counter Narcotics has been assigned to revise current law enforcement policies, guidance, recommendations and methods used to arrest drug traffickers, control the border, and eliminate poppy cultivation, using previous experience, lessons learned and resources available. This document will try to illustrate the accomplishment of above goal in a logical framework along with the action plan in order to achieve this aspiration. Nothing in this policy will be contrary to the Afghan laws. Afghanistan faces a number of, internal and external threat and drug trade is one of biggest threats, so therefore it was necessary to draft an anti-drug trafficking policy that meet the current challenges including, security, peace, sovereignty and social and economic development. In recent years Afghanistan and the international community s counter narcotics programs have not been sufficient to deal with the drug cultivation and trafficking, resulted in continued cultivation and production. As 2014 rapidly approaching unless the international community and Afghan government come up with effective measures to combat drug trade and provide alternative livelihood to the farmers Afghanistan runs the risk of devolving into a (Narco-State) which will result in political and economical instability, financial funding for terrorist groups, and wide spread corruption. It is essential that all countries that are affected by the Afghan drug trade to work with us on a shared responsibility basis so we can effectively combat this threat. This policy will achieve its goals when all countries effected specially regional countries work closely with Afghanistan in targeting high value drug traffickers and their networks within the region and Afghanistan. The as the leading agency on writing this policy has identified the flowing issues as priority to deal with the drug trade in Afghanistan : Targeting high value drug traffickers and destroying their networks, drug traffickers assets seizure, revising poppy eradication program, establishment of law enforcement gallantry trust fund, revising the situation of drug trafficking prisoners, enhancing the capacities of counter narcotics law enforcement agencies, controlling the borders, enhancing regional cooperation and coordination among counter narcotics institutions. 12

13 Identifying and countering money laundering activities which is a new phenomenon in Afghanistan will be a priority for the government of Afghanistan. The challenge in this area is how to differentiate between incomes earned from illegal activities and incomes earned from legal activities. There is no doubt that money laundering supports terrorism, corruption, economic destruction and weakening of the states sovereignty. Since 140 countries have now passed money laundering laws, now is the opportunity for Afghanistan to have its own specific policy in this area. On the other hand, we can hope support and cooperation of other countries in order to trace and seize Afghan drug trade funds as well protecting Afghan economy from this serious threat. As it mentioned at the preface, drug cultivation and trafficking directly funds anti-government armed forces, terrorists and other criminal groups, increases corruption,, increases addiction in Afghanistan, increases the spread of AIDs and has increased drug related crimes. Ignoring drug trafficking will continue to weaken the country s territorial and border laws, and will destroy the state legitimacy. Methodology: This policy, will based on hard evidence and reality on the ground with due consideration for the situations in regional countries and beyond. Particular consideration was given to evidence and lessons learned from counter-narcotic operations in recent years in Afghanistan. The policy formation team have also strived to use methods not only based on reality, but also that are realistic, result based and are implementable taking under consideration our capability and available resources. Law enforcement under the framework of National Drug Control Strategy (NDCS) Law enforcement is prioritised in the national drug control strategy that has emphasised arresting mid-level and major drug traffickers, destroying their networks, destroying poppy fields and enhancing the capacities of law enforcement institutions. This policy reflects the goals of National Drug Control Strategy. 13

14 Vision: The vision of the is an Afghanistan free from poppy cultivation, production, trafficking and addiction. Policy objectives in the next five years 30% reduction in drug trafficking in the first three years of this policy s implementation Increasing drug seizure rate (from currently % to 12% - 25% in five years) Taking necessary measures to target high value drug traffickers and increase the current arrest level from 1300 small traffickers to 2000 small, middle and high value traffickers. increasing precursors seizure rate 30-50% Improving poppy eradication process Implementing current bilateral and multilateral agreements with regional countries Creating better coordination for improving security and better border control Improving conditions of drug prisoners Making trial meetings of major traffickers public in order to effect other drug trafficking networks 14

15 Chapter One Targeting High Value Drug Traffickers and Destroying their Networks Targeting drug traffickers: In the past ten years, poppy cultivation and opiate production in Afghanistan have been national and international problems which show that our law enforcement forces require serious training to learn new methods and actions in order to tackle these challenges. Although the Counter Narcotics Police of Afghanistan have achieved visible successes in relation to improving their counter narcotics capabilities, but the current size and capacity of the CNPA is inadequate to combat the narcotics challenges facing Afghanistan. Increasing CNPA numbers and capacity is instrumental to success on the ground. We should also consider making the CNPA an independent force so it can effectively execute its duties and operations. This lack of numbers and capacity in the past 10 years which as result we have not been able to truly lead our forces to target major drug traffickers. Furthermore,, we lacked policies, guidance and methods in addition to enhancing the capacities of the Counter Narcotics Police of Afghanistan in order to help them in quickly identifying and arresting major drug traffickers and their networks. Drug traffickers in Afghanistan are clustered into three parts, based on their actions: minor, mid-level, and major traffickers. Major traffickers are also divided into two groups. 1. Major traffickers who only focus on material benefits and income: this group contributes to the national economic crisis, causes assets and capital to flow out of the country, and is a major source of corruption in the society. 2. Major traffickers who use the drug income to strengthen and fund terrorist bonds: this group not only harms the economy, but threatens the country s sovereignty and territorial integrity. 15

16 Low-level traffickers: Low-level traffickers are those who traffic due to lack of social opportunities, unemployment and poverty. They normally traffic small amount of drugs and sell it in exchange for a small amount of money. All illegal actions are crimes, whether they are small or big, but of course judges differentiate crimes according to their severity and the courts determine punishment according to the severity of the crime. Regarding low-level drug traffickers, we should always consider the underlying causes of the crimes, which are poverty, economic and social problems. Current situation According to statistics the majority of arrested and convicted traffickers are low level offenders turned to criminals due to destitutions, lack of employment opportunities, poverty or social problems. This also indicates that law enforcement agencies lack capacity to target major drug traffickers or they are threaten by them or even law enforcement agencies in some cases deliberately let them go. Necessary Measures Public awareness, education and a minimum standard of living where you have hope for the future is essential in turning these traffickers to ordinary citizens. Another solution to the problem is village level job creation; this will also encourage villagers to cultivate legal crops. Low-level traffickers are individuals that only think about their daily routine, and are easily persuaded by the opportunity to earn small amounts of daily income. They do not think about the legal consequences drug trafficking or other illegal actions because they are only concerned with earning a small income for their families. Mid-level traffickers: In general mid-level traffickers don t establish ties to terrorist groups, because they traffic narcotics for their own personal profits and so they have a considerable role in the trafficking process. 16

17 Current Situation: The experience during the past years shows that mid-level traffickers often play the role of a middle man between the major traffickers and the low-level traffickers and farmers. In one way they are trying to become major traffickers on the other hand they are hiring poor people to conduct drug trafficking. It has become obvious in recent years that many of the farmers are encouraged and prepaid by this group of traffickers to cultivate poppy. Today these mid-level groups of traffickers have become rich by fulfilling their roles as middleman between the farmers and the big traffickers. It should not be forgotten that major traffickers can be identified by the mid-level groups, which can lead to arrest. We should not ignore this group and the threat caused by them especially to the vulnerable Farmers. Necessary Measures The arrest of mid-level traffickers should be one of the priorities of law enforcement officials. The easiest way to arrest these groups is through farmers, because mid-level traffickers are the farm-gate buyers and are in close contact with the farmers; they are the first traders of drugs from the farmers. We should take measures to stop advance payments to farmers or even announce that farmers are not obligated to repay any prepayments they received from traffickers. This approach will help to reduce the influence of the mid-level trafficker amongst the farmers and will also help the government in identifying such traffickers. Local councils (Jirgas) in the villages and districts play an important role in solving the farmers problems and will help us rescue the farmers from the influence of drug traffickers during the cultivation season. These Jirgas should be conducted by the IDLG and most of the participants should be district governors, public heads of villages, mullahs and those who have influence among the people of that particular district. These Jirgas should take place monthly or quarterly at the village and district level to enable for the farmer to report any problems with mid-level traffickers to the relevant officials. This will cause provincial officials to find the where the problems are and take timely actions against the threats of traffickers. 17

18 High Value drug traffickers: High value or major traffickers are those who lead and control major and serious narcotic trafficking activities and are members of organized drug trafficking groups. These people have a direct connection with serious international criminal groups and they attempt to influence high ranking government officials in a direct or indirect manner. Most of these traffickers have dual nationality or they have a settlement visa for a regional country. They often manage and control their networks from outside of Afghanistan. A major trafficker has significant economic, technical and political and even military facilities; they engage in drug trafficking and other criminal activities by developing good relations with governmental entities. This networked group of traffickers manages to transport large quantities of drugs in and out of country often using official government vehicles. Current Situation: In order to improve social justice, our legal system must be fair and all court judgments must be according to the law without any prejudice. Considering the above drug trafficking been defined in Article 5, sub-section 2 of the counter narcotics law: Drug Trafficking means cultivation of seeds of drug producing plants or production, preparation, process, purchase, sell, keep, distribution, commissioning, import and export, transport, supply, demand, storage, and conceal of any substances or compounds, which includes one of the substances set forth in the Table 1, 2, and 3 of CN law. However, there are no specific details about major and small drug traffickers. Therefore, it is important to categorize drug trafficking, which will help us to better focus our resources and manpower on high value traffickers. Major Drug traffickers can be divided into two categories according to their actions: 1. Traffickers linked to Terrorist Groups 2. Profit motivated traffickers 1. Traffickers that have links with terrorism are those who are engaged in smuggling of large quantities of narcotics and are financially supporting terrorist organizations. These traffickers encourage farmers to cultivate poppy, they produce and process drugs, and they 18

19 organize and manage the trafficking by hiring local. The money that is earned via these activities is used in funding insurgent groups and deteriorating security. 2. The second type of major drug traffickers are those who are involved in trafficking for their own benefits. They establish wide criminal networks and manage, lead and control them. Sometimes they pay farmers in advance to cultivate poppy. Naturally, major traffickers attempt to hide their identity and since they are smart and skilled, they are rarely arrested. Currently there are approximately 50 to 100 major traffickers throughout Afghanistan; among these traffickers there are some who might have ties with government officials as well as local Taliban leaders. In this case it is absolutely clear that opium trading doesn t belong to a specific ideology. It is estimated that the Taliban earn hundreds of millions of dollars annually from drug trafficking. Necessary Measures Arresting major drug traffickers should be the top priority of law enforcement officials. Regional coordination between the Counter Narcotics Police of Afghanistan and regional police is needed; we need to work together and develop a procedure which will enable us to arrest and prosecute major regional traffickers. Arresting major traffickers needs to be meticulously planned and operations should be intelligence based. When suspects are located outside Afghanistan s borders, the full coordination of neighbouring countries is required to conduct the operations needed to arrest traffickers. 19

20 Disrupting and Destroying Drug Trafficking Networks Drug Traffickers Assets Seizure Current Situation: One of the main reason Afghan nationals are involved in the drug trafficking is the huge financial reward and lack of strict financial penalties and confiscation of their assets. There are two more incentives for which are: 1. Culture of Impunity 2. Pressure by Influential Groups Culture of Impunity: Major drug traffickers and criminals often released without prosecution or any charge, this creates a culture of crime pays and no punishment. Major traffickers fell free to do whatever they like as they are confident they will be released because of close relation and influence they have over high ranking governmental officials. These relationships result in criminals being released instead of prosecuted. Additionally, when the law enforcement forces know that the criminal whom they arrested will be released without any punishment, they become cold-hearted and they focus fewer efforts on arresting major traffickers, sometimes not ever seriously pursuing their arrest. Pressure by Influential Groups: Influential groups are those who usually have close relationships with governmental officials, when major traffickers are arrested, the groups use several techniques including bribery or threatening of governmental officials until they are successful in achieving the release of the criminal. As experience shows, the two phenomena of A culture of impunity and Pressure by Influential Groups keep the major traffickers from being brought to justice. Preventing these two phenomena will play an important role in tackling drug trafficking in Afghanistan. In these situations in which punishment for major traffickers is often avoided through bribery or pressure from influential groups, the Counter Narcotics Law in itself is not enough for major 20

21 traffickers, because they have the opportunity to use their profits from drug trafficking to gain release and continue with their criminal activities. On the issue of asset seizures: What is known as drug traffickers assets seizure at the moment is to confiscation of drug traffickers vehicles, but even that is a disorganized, confusing and slow process. This shows in the eyes public that the authorities are weak and punishment does not fit the crime. The Ministry of Finance should streamline the process for the sale of vehicles confiscated from drug crimes as soon as the decision of the court is received, the confiscated vehicles should be publicly auctioned. We should have an efficient, timely processed confiscated vehicles system so they do not sit in a parking lot for several years deteriorating and losing their value while awaiting sale. We need to send a clear message that crime does not pay and if you commit a crime specially drug trafficking offence you will lose all your assets that you obtain from the proceeds of your crime. Through this process drug traffickers will be assured that if they commit a crime, their entire moveable and immoveable assets will be seized and will be owned by the state. Necessary Measures It is a common practice in a number of countries in the world to seize all assets of the drug traffickers, and placed on a trust fund. The trust fund is mainly used for fighting drug trade and financial reward for officers that have shown courage and good performance in fighting drug trade. It is essential that we duplicate this good practice in Afghanistan. In order to reach this goal we need to establish the following four guidelines for seizure of all assets of drug trafficker obtained through the proceeds of their crime: 1. Creation of a specific guideline for seizing the drug trafficker s vehicles, which will include the registration and timely sale of the vehicles after the final decision of the court. 2. Creation of specific guidelines for seizing the properties of drug traffickers, including houses, hotels, restaurants and any other immoveable properties. 3. Creation of specific guidelines for seizing the drug trafficker s financial assets, including domestic and foreign currencies. 21

22 4. Creation of specific guidelines for seizing drug trafficker s shares on companies and those companies which are directly or indirectly funded by them. Article 19, Section 1 of the Narcotics and Intoxicants Law, in relation to the confiscation of drug trafficker s assets states: Means and equipment used in the preparation, production and processing of intoxicants and narcotics should be confiscated. Article 19, Section 2 of the Narcotics and Intoxicants Law states: No person shall own and take possession of moveable and immoveable properties or incomes earned directly through committing the crimes specified in this law.. Article 59, Section 1 of the Narcotics and Intoxicants Law states: A person who intentionally conceals or transports more than 100 grams of heroin, cocaine, morphine or 1kg of opium, 5kg of hashish, 25 litres of intoxicating drinks and raw material used in producing drugs or places, hides, transports in his/her own vehicle or agrees with it, in addition to being convicted to the prescribed punishment mentioned in this Law, based on the court order, his/her vehicle shall be confiscated. Article 59, Section 2 of the Narcotics and Intoxicants Law states: The vehicle seized in relation to the intoxicating drinks and drug-trafficking offense shall be registered and officially handed over to the nearest customs office and following the completion of its confiscation in accordance with the provisions of the relevant law, it shall be put on sale and the proceeds shall be deposited to the government treasury.. Targeting Major landowners involving in poppy cultivation Major Landowners: Another problem in the fight against drug trade is when the major landowners who are using personal or government owned land for poppy cultivation. Not only that but they are also actively hiring sharecroppers, poor farmers and locals to work on the land and ultimately trafficking drugs.. Unfortunately neither major or small landowners have been prosecuted for cultivating poppy since the Islamic Republic of Afghanistan was established. 22