Legal Problems of Drug Addict Citizens

On January 19, 2008, the legal problems of the drug addict citizens were discussed on the air of Lori TV channel. The organizer of the television program was HCA Vanadzor office, which is realizing “Legal Support to Vanadzor Drug Addict Citizens” project.

This was the third television program in the framework of this project, the guest of which was the legal consultant of “Legal Support to Vanadzor Drug Addict Citizens” project, member of the Chamber of RA Lawyers, lawyer Karen Tumanyan.
K. Tumanyan provided information on legal responsibility stipulated by RA Criminal Legislation for drug usage, storage, trade and distribution. Also, the issue of the relief from responsibility in case of voluntarily handover of the drugs was discussed: “The law stipulates that a person who hands over the drugs voluntarily is released from criminal responsibility. However, according to the official letter from Lori regional police department to HCA Vanadzor office in 2007, it turns out that no case of voluntarily drug handover was recorded during the year of 2007. This is explained with the fact that the mechanisms have not been clarified yet, and the citizens are not aware how it is done: they may approach the policeman with drugs in their hands and be pursued for drug storage. On the other hand, every citizen who is detected with drugs, can state that he/she was going to hand it over”. During the television program K. Tumanyan also answered to the questions of the citizens asked live. The citizens were interested mainly in the questions whether one could refuse to give a test and what the law stipulates in these cases. The legal consultant of the project presented the order of test taking; he particularly mentioned that if the citizen is not willing to give a test, he/she cannot be forced to do so; the test cannot be forcedly taken. K. Tumanyan presented also the rights of the suspect during the investigation and the judicial inquiry. To the question what amendments Mr. Tumanyan would suggest being well aware of the legislative practice, the legal consultant of the project answered: “One of the main goals of this project is to alienate the issue of drug usage from the criminal field. I also think that drug usage should be approached more as a health, medical issue. One cannot be impleaded into criminal responsibility only for not acknowledging the consequences of his/her deeds. This is an addiction, thus it should be approached as an illness which requires serious medical intervention. On one hand our law sends individuals to forced treatment, on the other hand in some cases the law impleads people into criminal responsibility. Which is the border between these two? Why should some people accused in drug usage be sent for treatment and why should others bear punishment in penitentiaries? This system is already running in many countries. There is a fear that an increase in the number of drug addicts will be recorded, but that is not true, and I think in that case it is much more important to pay attention to the criminal responsibility stipulated for drug storage, trade and distribution.”
In the end people’s attention was invited to the fact that there are still many steps to take in our legislative field. However, before going for any modification, first of all a research of the condition of the field should be done.