JEDDAH, 27 October 2004 — The Shoura Council has concluded discussions on a new anti-narcotics draft legislation that would allow judges to use their discretion to substitute capital punishment for drug traffickers and dealers with imprisonment.

Under the new 74-article law, courts can now substitute the death sentence meted out to traffickers with prison terms of up to 25 years, 50 lashes and a fine of SR100,000 ($26,700) at the maximum. Drug traffickers and dealers are sentenced to die by the sword under the original penal code presently being applied in the Kingdom, with executions generally taking place in public.

Under Shariah law, capital punishment is imposed for murder, rape, apostasy and armed robbery, in addition to drug trafficking. At least 48 people were executed for drug related crimes in Saudi Arabia in 2002, according to unofficial figures.

There is nothing secret or ambiguous about the policy of executing drug traffickers. Even before visitors land on Saudi soil, entry forms state in red letters in English and Arabic that trafficking in drugs is punishable by death. Officials say the harsh punishment and the Kingdom’s relative isolation from drug sources make drug addiction less widespread than in other countries.

The draft law, excerpts of which were published by Okaz newspaper, cited six cases in which the death penalty would apply to violators. These include drug traffickers, anyone convicted for receiving banned drugs from traffickers, anyone involved in the import, manufacture, production and cultivation of banned drugs for purposes other than those for which the material is officially sanctioned, an accomplice who joins others in committing any of the above acts, anyone who has been caught for the second time selling, distributing, giving as present, delivering and transporting drugs and anyone found dealing in illicit drugs for the first time but who has earlier been convicted of a drug-related crime.

The new law says courts could, for reasons they consider valid, substitute the death penalty and sentence a defendant to 15 years as the minimum or 25 years maximum in prison, 50 lashes and a fine of no less than SR100,000.

A person incriminated in drug-related crimes but who has not been sentenced to death could be sent to prison for 25 years, given 50 lashes and fined SR150,000 ($40,000). The cases that merit such penalty include those who are found to have committed the crime for the second time, civil servants or government employees working in agencies entrusted with applying this law or fighting drug abuse, members of an organized gang involved in drug trafficking and people found in possession of arms who used the weapon to commit the crime.

The law stipulates punishments of prison terms ranging from five to 15 years, 50 lashes and fines of SR1,000 to SR50,000 for people found in possession of seeds or plants producing illegal drugs as well as those who help in the transport, distribution and delivery of such material. The punishment will be stiffened if the crime has been committed in a mosque, school or reformatory.

The government treats drug trafficking as a crime and regards drug, alcohol and nicotine dependence as treatable illnesses. Four hospitals have been set up to treat drug addicts, which have helped some 5,000 people so far. During detoxification, each patient is given a private room and bath, a prayer rug and a copy of the Holy Qur’an.

The United Nations praised Saudi Arabia for its measures to combat drug trafficking and abuse, according to the Saudi Anti-Narcotics Commission.

The commission said the Kingdom was rated third in the world by the UN Office for Drug and Crime in terms of the strength of its network of law enforcement agencies, adding the death penalty on traffickers has largely discouraged them from brining drugs into the country

The Kingdom has intensified efforts to combat drug trafficking and misuse of drugs. It is among the few countries with the lowest level of drug consumption, mainly because of the implementation of Shariah, the commission said in a statement.