ABU DHABI // Any defendant who has not received a final verdict from the courts could benefit from the new drugs regulations.
As it remains unknown when the anti-narcotics law will come into effect, all related cases will continue to be processed under the old law, according to Mohammed Rashid Al Dhanhani, head of Bani Yas prosecution. The laws will downgrade the use of illegal drugs to a misdemeanour, meaning first-time offenders will not be given the current mandatory four-year sentence.
Mr Al Dhanhani said if the new law starts while a case was being heard at the Criminal Court of First Instance, it will be referred to the misdemeanour court because the former will no longer be the concerned court with such cases.
As for cases that have already reached verdicts, if the appeals or cassation period have not yet passed they still have a chance to be tried under the new law.
“If a user received four years by First Instance or Appeals, and there is still a chance to raise it to a higher court, the new hearings will follow the new law.”
Those who have received final verdicts cannot do anything about it, he said.
Chief Justice Mustafa Abu El Naja, head of an Abu Dhabi Appeals Court, said there was still confusion as to when they can apply the new regulations.
“In general, the law says it will come into effect a month after it has been published in the Official Gazette. Now, we have not received any tip on when that will happen.
“This has become our main task these two days, we keep calling each other to find out if it has been published yet. Perhaps at the beginning of next month,” he said.
He believed that reducing the minimum sentence for drug abuse from four to two years, or to six months for consuming psychotropic pills, would have a positive effect.
“Adding the option of treatment for those reported by their relatives is a good thing because it will encourage more people to take an initiative” to get clean, he said.
“There will be fewer cases heard in court, especially for first-time offenders. This will make things easier for the court since public prosecution can refer users directly, so this is a positive element.”
Legal counsellor Yazan Al Rawashdeh said the new law may cause confusion at first.
“Before, Emirati users who turned themselves in went to rehab, but expats did not,” because of a lack of space, he said. “So it is still vague what the situation for expats will be under the new regulations.”
A judicial source said the laws were based on international guidelines for drug regulations. “It was proved that in countries where they have a gradual approach with punishments, they had a higher success rate in combating drug use.”
For first-time users it was better to treat them, rather than jail them, where they may be influenced by serial criminals.
“In general, the international perspective now does not perceive addicts as criminals, so there should be alternative approaches, especially for first-time offenders,” he said.
hdajani@thenational.ae
