A/HRC/10/44
page 17
52. In spite of the principles and the calls of the General Assembly, when describing
international drug control in 2008, the United Nations Office on Drugs and Crime still stated that
“a system appears to have been created in which those who fall into the web of addiction find
themselves excluded and marginalized from the social mainstream, tainted with a moral stigma,
and often unable to find treatment even when motivated to seek it”.36
53. In the present section the Special Rapporteur looks at a number of areas where torture and
ill-treatment occur as a direct or indirect result of current approaches to drug control and makes
recommendations on how the gap between the two parallel universes37 could be bridged.
B. Drugs and the right to personal integrity and human dignity
54. The linkages between drugs and the right to personal integrity and human dignity have not
previously been exposed in a systematic way, in particular not from a torture/ill-treatment
perspective. One of the factors contributing to this is the limited access to justice for drug users,
which goes hand in hand with the criminalization and marginalization to which they are
subjected in many contexts. Similarly, they appear to have had little access to regional and
international mechanisms. However, links between drugs and ill-treatment have many faces,
extreme examples being the use of drugs to blunt fear and pain in child soldiers,38 or drugging to
make people compliant or to obtain information.39 In the present section, the Special Rapporteur
will look at two areas in more depth: drug users in the context of the criminal justice system and
situations resulting from restricted access to drugs for palliative care.
C. Drug users in the criminal justice system
55. The Special Rapporteur, in the course of several of his country visits, has noted the
challenges posed to criminal justice systems by punitive drug policies, in terms of sheer number
but also of the special needs of drug users in detention. In Indonesia, about 35 per cent of the
prison population are in detention on charges related to drug crimes. The use of, and dealing in,
drugs within correctional institutions constitutes a major problem.40 In this regard, the Special
36
See the “fifth unintended consequence” in the World Drug Report 2008, p. 216.
37
Address of the Special Rapporteur on the right to health, Paul Hunt: Human Rights, Health
and Harm Reduction. States’ amnesia and parallel universes, 11 May 2008. Available from
www.ihra.net/PaulHunt.
38
See for example with respect to Sierra Leone, Child Soldiers, Global Report 2008, Coalition
to stop the use of child soldiers, p. 229.
39
See A/HRC/7/3/Add.1, paras. 123 and 183; and E/CN.4/2006/6/Add.6, appendix 3, para. 11.
40
A/HRC/7/3/Add.7, appendix 1, paras. 2, 12 and 96.
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