Capital punishment for drug trafficking explained

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 2 countries without drug death penalties by law: Mexico and 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. 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."[1]

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.[2] [3]

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.[4]

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Overview

Sentences for drug-related crimes, especially for trafficking, are the strictest in Asian countries.[5] In January 2014, then-President Thein Sein of Myanmar commuted all the country's death sentences to life imprisonment.[6] 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.[7] [8] 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 breaks down nations by high application, low application, symbolic application, and insufficient data.[1]

Note: Asterisk (*) after country name indicates Crime in LOCATION links.

Nations that retain the death penalty for drug offenses by law or extrajudicial execution.
LocationApplicationNotes
Low[9] [10] [11]
Low
Symbolic
HighRanks first in the world by number of executions related to drug trafficking.[12]
Symbolic
Low
Low
SymbolicOption when a second conviction for drug trafficking in quantities specified.[13]
HighDeath 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.
HighTrial under the jurisdiction of the Islamic Revolutionary Court, a special court that tries individuals accused of smuggling, blaspheming, or committing acts of treason. Iran ranks second in the world for most executions.
Low
Symbolic
Low
Low
Insufficient data[14]
HighA Moroccan man was sentenced to death by the High Court on May 30, 2013, for trafficking in more than six kilograms of methamphetamine.[15] A man was sentenced to death by hanging on September 3, 2021, for 299 grams of cannabis presumed to be for trafficking.[16]
Symbolic
ExtrajudicialExtrajudicial executions. See Mexican drug war.
SymbolicAccording 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.[17]
High
Symbolic
Symbolic
Low
ExtrajudicialBy law the Philippines has no death penalty for anything.[18] 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.
HighSaudi Arabia ranks third in the world for the most executions. 43 percent of those executed in 2015 had been convicted of smuggling drugs, ranging from heroin to marijuana.
HighSee Misuse of Drugs Act (Singapore).
SymbolicDrug trafficking can result in a death penalty; however, South Korea has not had an execution for such offenses since 1997.
Symbolic[19]
Low
Symbolic
Insufficient data
SymbolicLegal penalty under Narcotics Hazard Prevention Act, though rarely enforced in recent years. Last execution for drug trafficking offense is on October 7, 2002, although there exists those on death row.[20]
Low
Low
SymbolicVery 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.[21] [22] [23] [24] 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).[25] [26] From a March 2018 article: "This week, U.S. Attorney General Jeff Sessions sent a memo to the nation’s federal prosecutors urging them to seek the death penalty in cases involving large-scale drug traffickers. The memo points to an existing but little-known federal law that already allows for such a punishment. Sessions’ memo talks largely about opioids, but federal law contains no such drug-specific limitation on prosecutors’ power."[27]
High
Insufficient dataHarm 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".[28]

See also

External links

Methods of execution:

Resources for references:

Notes and References

  1. 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
  2. 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
  3. https://www.talkingdrugs.org/death-penalty-drug-offences-world-map-hri Report Reveals World's Most Prolific Executioners for Drug Offences
  4. https://www.economist.com/blogs/economist-explains/2015/04/economist-explains-28 Which countries have the death penalty for drug smuggling?
  5. http://www.cnn.com/2009/WORLD/asiapcf/05/05/asia.drug.offence.penalties Penalties for drug-related crime in Asia
  6. https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Myanmar The Death Penalty in Myanmar
  7. https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=South+Korea The Death Penalty in South Korea
  8. Chung Hye-min (February 6, 2015). Drug smuggling reaches a record-high in South Korea. The Korea Observer.
  9. Web site: The Death Penalty in Bahrain . Cornell Center on the Death Penalty Worldwide . 17 August 2017 . 13 October 2018 . https://web.archive.org/web/20181013182312/http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Bahrain . dead .
  10. Web site: 10 October 2015 13th World Day against the Death Penalty "The death penalty does not stop drug crimes" . . 17 August 2017 . 17 April 2018 . https://web.archive.org/web/20180417100503/http://www.worldcoalition.org/media/resourcecenter/2015WD-LeafletEN.pdf . dead .
  11. Web site: DEATH PENALTY AND DRUG CRIMES - Detailed Factsheet - 13th World Day against the Death Penalty . . 17 August 2017 . 1 October 2015 . https://web.archive.org/web/20151001135554/http://www.worldcoalition.org/media/resourcecenter/EN_WD2015_Factsheet.pdf . bot: unknown . Archived . October 10, 2015 was 13th World Day.
  12. News: Bellware. Kim. 2016-01-06. Mass Execution Is Part Of Saudi Arabia's Long History Of Horrors. en-AU. Huffington Post. 2020-12-07.
  13. 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
  14. Web site: The Death Penalty in Libya . Cornell Center on the Death Penalty Worldwide . 17 August 2017 . 14 September 2017 . https://web.archive.org/web/20170914020254/http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Libya . dead .
  15. http://www.nst.com.my/latest/moroccan-man-gets-death-for-drug-trafficking-1.290600 Moroccan man gets death for drug trafficking
  16. 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
  17. 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"
  18. https://www.rappler.com/nation/things-to-know-death-penalty-philippines-worldwide FAST FACTS: Death penalty in the world and in the Philippines
  19. https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=South+Sudan The Death Penalty in South Sudan
  20. Web site: 綜合新聞 . www.libertytimes.com.tw . 15 January 2022 . https://web.archive.org/web/20121017214146/http://www.libertytimes.com.tw/2002/new/oct/9/today-c10.htm . 17 October 2012 . dead.
  21. Web site: Q&A: The Death Penalty for Drug Trafficking?. Schipani. Vanessa. Farley. Robert. 2018-04-05. 2020-01-15. FactCheck.org. "No administration, Republican or Democrat, has acted on that statutory authority.".
  22. https://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00069.htm The Federal Death Penalty Act of 1994
  23. 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
  24. 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
  25. http://www.scotusblog.com/wp-content/uploads/2008/06/07-343.pdf Syllabus. Kennedy v. Louisiana
  26. http://usali-dp.org/chapters/drugs Chapter 4: The Death Penalty for Non-Homicide Drug Trafficking? Kennedy v. Louisiana and the Federal Death Penalty Act
  27. Web site: Jeff Sessions' latest memo pushes prosecutors to seek the death penalty against big drug dealers. That could include legal marijuana business owners.. The Denver Post. 2018-03-22.
  28. 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