DRUG LAW ENFORCEMENT

IN BANGLADESH

Presented by:

Government of the People’s Republic of Bangladesh

WELCOME

1st Programme Steering and Policy 1st Programme Steering and Policy Coordination Committee (PSPCC) of UNODC Coordination Committee (PSPCC) of UNODC

Regional Office, New Delhi, India Regional Office, New Delhi, India 2626--27 November 2013.27 November 2013.

BANGLADESH AT A GLANCEBANGLADESH AT A GLANCE

� Global Location- Longitude 200 34´́́́ - 260 38´́́́

Latitude- 880 01´́́́ - 920 41´́́́

� Official Name:

The People’s Republic of Bangladesh

� Area: 1,47,570 Sq.Km

� Population:142.319 Million

� Density of Population: 964 per Sq.Km

� Number of Household: 3,20,67,700

� Population Living Percentage:

Rural: 76.57% Urban: 23.43%

� GDP: $269.3 Billion, Per Capita Income: $ 960, GDP Growth: 6%

� GDP Sector: Agriculture-18.6%, Industry-28.6%, Service-52.8%

� Labour Force: 73.87 Million (Agriculture-45%, Industry-30%, Service-25%

� Religion Based Population: Muslim 89.7%, Hindu 9.2%, Buddhist 0.7%, Christian 0.3%, others 0.1%

The World’s Largest Mangrove Forest- Sundarbans

The Largest Sea Beach in the World- Cox’s Bazar

Drugs Phenomena

� Drug epidemic in developing countries has changed global drug scenario

� Billion-dollar anti-drug budgets of developed countries have compelled the drug traffickers to switch over to the underdeveloped countries and explore new drug market.

� Drug lords have emerged as parallel Governments in many countries.

� They are a threat to public health and public safety.safety.

� UN attaches highest priority to drugs issues.

� Global Program of Action for Drug Abuse Prevention and Control.

� Government of Bangladesh is highly sensitive and responsive to drug menace.

Law Enforcement Cooperation at the National Level

Bangladesh is not a Drug Manufacturing Countrybut because of its Geographical location, it hasbecome destination, source and transit country forinternational drugs smugglers. Drugs aresmuggled from neighboring countries.

�Committee at National level, Divisional level andDistrict level

� Meeting held Monthly

� Police, Rapid Action Battalion (RAB), Border Guard� Police, Rapid Action Battalion (RAB), Border GuardBangladesh (BGB), Coast Guard and Department ofNarcotic Control (DNC)

Activities :

• Intelligence Activities

• Conducting Expedition

• Filling Case

• Prosecution

Current SituationCurrent Situation

� Abusers mostly male.

� Number of drug users: approximately 4.6 million;

� 80% are youth, 34% unemployed, 50% involved in various social crimes;

� 40% are illiterate, 48% have secondary level of education;

� 98% are smokers, 57% have unsafe sexual � 98% are smokers, 57% have unsafe sexual relations;

� The injecting drug users are vulnerable to have HIV infection;

� Women and street children are largely used in carrying and peddling drugs.

A street boy Injecting Buprenorphine

METHODS OF CONCEALMENT

Phensedyle carrying in Gas cylinder

Heroin carrying in Sandal

Special Technique of Smuggling

Phensedyl in Coconuts.

Courtesy: DNC Photo ArchiveCourtesy: DNC Photo Archive

They are not

member of any

suicidal squad.

They are wearing

special type of

Phensedyl

smuggling jacket.smuggling jacket.

Courtesy: DNC Photo ArchiveCourtesy: DNC Photo Archive

Smugglers

carrying

Phensedyl

concealed in

consignment

of vegetable in

truck.

Courtesy: Courtesy: DNC Photo ArchiveDNC Photo Archive

Special technique of smuggling

Phensedyl in

specially made cavity inside timbers.

Courtesy:Courtesy: DNC Photo ArchiveDNC Photo Archive

Smuggling of

Phensedyl in Coffin.

Courtesy: DNC Photo ArchiveCourtesy: DNC Photo Archive

Technique of a Women Phensedyl Carrier, Inside Pumpkin

Smuggling of Phensedyl in Pumkin.

Courtesy: DNC Photo ArchiveCourtesy: DNC Photo Archive

Operation by DNC with the help of RAB

A Man got Arrested While Carrying Phensedyl Inside Pipes.

A kind of Commonly Used Drug Sample

WITH EGG BASKET

Phensedyl in Pumpkin Cannabis in packets of Sweets.

� Geographic and strategic location near the drug producing belt.

� Increasing rural-urban migration and expanding slums.

� Poverty (Though the scenario is improving fast and significantly).

� Lack of awareness on the adverse effects of drugs.

� Unemployment.

CAUSES & VULNERABILITY OF DRUG PROBLEM IN BANGLADESH

� Unemployment.

� Youth force is under-utilized.

� Availability of drugs (though not easily)

Evolution of Drug Use in BangladeshEvolution of Drug Use in Bangladesh

Till 1970 Cannabis smoking, opium swallowing and drinking alcohol.

Till 1984 Mritasanjibani, Cannabis and various alcoholic preparations

From 1990 Heroin, Phensedyl, Cannabis, alcohol

From 2000 Injecting drugs, Heroin, Phensedyl, Cannabis, alcohol

From 2005 Yaba (ATS), Injecting drug, Heroin, Phensedyl, Cannabis,

alcohol

From 2008 Glue Sniffing, Yaba (ATS), Injecting drug, Heroin,

Phensedyl, Cannabis, alcohol

PREVALANCE OF THE MAJOR DRUG ABUSE IN BANGLADESH AND TRENDS:

Bangladesh: not a drug producer or a source country.

Drugs are smuggled from other countries.

Commercial production of tobacco and alcohol (on an extremely limited scale; one company only). Consumption of alcohol requires license from the competent authority.competent authority.

Opium: introduced during the colonial rule

Heroin and psychotropic substances: introduced in mid-eighties.

Codeine (Phensedyl): prevalence for last two decades.

Yaba: Introduced in last five years.

FACTORS CONTRIBUTING TO THE FACTORS CONTRIBUTING TO THE DRUG PROBLEM IN BANGLADESHDRUG PROBLEM IN BANGLADESH

� Geographical location near GoldenTriangle

� Use of the territory of Bangladesh forinternational drug trafficking

� Rapid rural-urban migration and over-populated slums

� Over population and unemployment

� Cultivation of poppy and manufactureof yaba in this region.of yaba in this region.

� Inadequate social awareness onadverse effects of drugs

LEGISLATIONLEGISLATION

The Narcotics Control Act, 1990 is the principal counter-narcotics legislation in Bangladesh. The rules under this law are:

�The Narcotics Control Rules, 1999.�The National Narcotics Control Board Fund Rules, 2001.�The Private Treatment and Rehabilitation Center Rules 2005.�The Prohibition Rules, 1950 (still in force as per �The Prohibition Rules, 1950 (still in force as per NC Act 1990).

Other important Legislation relating to drugs are:

�The Special Powers Act, 1975 (anti-smuggling).�Prevention of Money Laundering Act, 2002.�The Code of Criminal Procedure, 1898.�The Evidence Act, 1872.

Cont.

Sec.

Offences Punishments:

Imprisonment

/fine

Min. Max.

9

Illicit import, export,

manufacture, processing,

sale, distribution, purchase,

transport, shipment, storage,

possession, warehousing, use,

etc. of drugs/precursor

02

Yrs

Death

penalty

OFFENSES AND PUNISHMENT UNDER THE NARCOTICS CONTROL ACT, 1990

10

Illicit import, export,

manufacture, processing,

sale, distribution, purchase,

transport, shipment, storage,

possession, warehousing, use,

etc. of alcohol

02

Yrs

10

Yrs

19

Any sort of handling of

drugs or precursors or their

preparations without

license/permit/ pass

02

Yrs

10

Yrs

20 Illicit Possession of

apparatus/utensils/ ingredients

for manufacture/processing

drugs/precursors

02

Years

15

Years

21 Allowing land, house,

apparatus, utensils, transport

for committing offences of

drugs/ precursors

Fine 05

Years

23 Violation of the conditions of

license/ permit/pass

Fine 05

Years

24 Search, seizure or arrest for Fine 01 24 Search, seizure or arrest for

harassment

Fine 01

Year

25 Abetement/conspiracy/financi

ng/ patronizing

03

Years

15

Years

26 Penalty for offenses for which

punishment has not been

prescribed

01

Year

1 Year

with

fine of

Tk.

5000

RAIDS, SEARCHES, SEIZURES AND RAIDS, SEARCHES, SEIZURES AND ARRESTSARRESTS

� The operations of raid, search, seizure andarrest are guided by the Narcotics Control Act,1990.

� The DNC, the Police, RAB, Customs, BGB andCoast Guard are empowered to conduct raid,search, seizures and arrests.

� The Executive Magistrates are alsoempowered to conduct search, seizures andarrests under the provisions the Mobile CourtAct 2009.Act 2009.

� The master law for the procedures of search,seizures and arrests is the Code of CriminalProcedure, 1898.

OPERATION OF MOBILE COURTS OPERATION OF MOBILE COURTS ON DRUGS:ON DRUGS:

� The Government has recently introducedMobile Drug Court under the Mobile CourtAct 2009.

� The Mobile Courts apprehend criminals,prosecute them on the spot, and imposeshort term punishment on confession.

� There is no provision of bail in MobileCourt.Court.

� These sorts of summary trial have beenfound very effective to control crime, speedup trial system and enhance publicawareness on drugs and related offences.

STATISTICS ON MOBILE COURT STATISTICS ON MOBILE COURT OPERATION OPERATION

Year Raids Cases

Arrests

Comments

2010(Aug-Dec) 1859 1517 1691

All convicted

2011 6939 3724 3994 All 2011 6939 3724 3994 All convicted

2012 9340 4871 5162 All convicted

2013 (up to July)

5237 2848 2966 All convicted

Mobile court has been functioning since August 2010 against drug smugglers and drug abusers

Problems and DifficultiesProblems and Difficulties

� The problem is gradually expanding amongall the segments of the society.

� Youths are the main victims.

� Linkage between drug abuse & various socialcrimes.

� Increase in victimization of under-privilegedwomen and street children in drug trade

� Abuse of heroin is almost static with littledecrease in Phensedyldecrease in Phensedyl

� Little increase in usage of tobacco & injectable drugs but relatively high usage oftablets including Yaba.

� Danger of HIV infection among ID users.

� Less prevalence of drug abuse among thefemale population

What are the Ways OutWhat are the Ways Out

� Expand Public Awareness

� Establish more facilities for Culturalactivities, Games and sports etc.

� Create more income generating source

� Strictly enforce Narcotic Act and all therelated laws.

� Special motivational campaign inschools, colleges, universities, placesschools, colleges, universities, placesof worship etc. and other social andcultural organizations.

� Involvement of noted personalities inthe campaign against drug abuse.

� Increasing role of Electronic and printmedia- such as sort film, drama,documentary etc.

Priorities for Future Priorities for Future UNODC CooperationUNODC Cooperation

�Government of Bangladesh ishighly sensitive andresponsive to drug menaceresponsive to drug menace

�Capacity building

�Training

�Sharing knowledge andexperience

�Technological and otherforms of support

Regional Law Regional Law Enforcement CooperationEnforcement Cooperation

� Bilateral agreements

� Memoranda of understanding

� Coordination among nodalagencies in SAARC Countries andagencies in SAARC Countries andbeyond

Existing Regional Existing Regional Cooperation MechanismCooperation Mechanism

� Bilateral Agreement betweenBangladesh and India.

� Follow up and Cooperation with theUNODC

� Communication in between theFocal points on these issues amongthe SAARC Countries

� Drug Law enforcement : Computer� Drug Law enforcement : ComputerBased Training (CBT), 150 personsalready trained and ongoing withother 150.

� Ongoing Forensic Training .

� Ongoing Drug Treatment projectusing Methadone (HIV/AIDSprevention).

� Coordination with National Board ofRevenue (NBR) and Ministry ofHome Affairs, Bangladesh forcontainer control.

Possible Initiatives to Enhance Possible Initiatives to Enhance Regional Law Enforcement Regional Law Enforcement

CooperationCooperation

� Regional cooperation should beincreased

� Joint training programmes shouldbe arranged

� Increased sharing of knowledgeand experiencesand experiences

� A proper guideline should befollowed by all.

� Gaps should be reduced betweenthe Pharmaceutical Policies of thecountries in the region.

� Possibility of Radio system(Walky Talkie) supply as quickcommunication device.

RecommendationRecommendation

1. Granting permission for thorough surveillanceof all humans and imported commodities at theBangladesh - Myanmar Border with the dogsquad and Modern drug identifying devices.

2. Regular meeting of the Focal Points.

3. Regular Bilateral meeting with Bangladesh &Myanmar.

4. Like India, regular communication withMyanmar should be established to developanti-drug activities.

5. Strict measures need to be taken by bothBangladesh and neighboring countries at theborder area to prevent the drugs entry.border area to prevent the drugs entry.

6. Under the supervision of Ministry of HomeAffairs Bangladesh Drugs Surveillance Networkshould be developed.

7. Establishing check post in places where drugsare abundantly found.

8. Increased Surveillance is needed at all the seaports using Back Scatter vehicles for thoroughchecking of all imported containers .

9. Special checking for drugs should be done atall the airports.

10.Mobile tracing devices should be also used.

11.Assistance & cooperation should be increasedwith UNODC.

THANK

YOU