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OfflineBeanhead
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[BE] Humanrights-league: Antwerps new drug policy is against the law.
    #18817407 - 09/09/13 12:02 AM (10 years, 4 months ago)



The new drug policy of the city of Antwerp is not legal according to the League for Human Rights. The city eliminates the tolerance-policy applied by all other prosecutors throughout the country. Even if a user has less than three grams of cannabis in his/her possession an official report is made and a follow-up fine of 75 euros . According to the Antwerp prosecutor someone can still be prosecuted for nuisance or overtly troubled behaviour.

The League for Human Rights states that the modified drug-policy of Antwerp is in conflict with the law . "There has been a ruling of the Constitutional Court and in that statement there's been a calling for more clarity & that clarity was subsequently created by a circular letter issued by the attorney generals stating that an adult is allowed to have an amount of 3 grams or can possess one cannabis plant. That was plain language," says Jos Vandervelpen of the League.

Clear language
The League for Human Rights does not take it that Antwerp on his own maps out a policy and ignores a ruling of the Constitutional Court along with throwing a circular letter of the Board of Procurator-Generals out with the trash. This new policy only revolves around repression. "There should be motivation to spread actual information & assistance/prevention", goes the word.

Inequality
This policy creates legal uncertainty and inequality. "The city will be divided for two categories of citizens . No citizen in Antwerp may still smoke a joint , whereas outside of Antwerp it's allowed. "Impossible!" said Vandervelpen. An investigation has been formed if the drug policy can be fought juridically.

N-VA Mayor Bart De Wever defends his policy: "We simply apply the law," he says. "People seem to forget that drugs are in the criminal law. it's not because the Belgian justice/federal government has stated not do anything about it anymore that it's not written in the criminal law." concludes De Wever.

The Antwerp prosecutor does not agree with the criticism of the League for Human Rights when they say that the new drug-policy of Antwerp isn't legal. The League therefore refers to a letter written in 2005 from the Board of Procurator-Generals but according to the prosecutor one can still be prosecuted for nuisance/troubled behaviour.

"In that letter it states that in the criminal prosecution of cannabis possession for personal use is indeed given the lowest priority, it also says that in certain cases, such as nuisance, this can be stretched to prosecution. we'll gladly engage in dialogue with the League but their criticism that the new policy would be illegal is not justified," said Ken Witpas. (member of Antwerp prosecution board)

Translated from:
HLN

:happyweed:


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Offlinejtronique
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Re: [BE] Humanrights-league: Antwerps new drug policy is against the law. [Re: Beanhead]
    #18824274 - 09/10/13 05:02 PM (10 years, 4 months ago)

The old farts of Beligium ought to be grateful that they don't have Russia's substance abuse problems right now.


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"If he drinks his Cyder alone, let him get his Horses alone." - Ben Franklin


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