BEIRUT: Over a year after the activation of the National Committee for Combating Addiction and a binding ruling by the Court of Cassation, some judges are still refusing to apply the drug law by allowing drug users to seek treatment in lieu of prosecution. Activists and lawyers who spoke to The Daily Star said many prosecutors and judges still perceive addicts as criminals, especially if they are from impoverished or troubled backgrounds.
“Judges are trying to help but are now just recently being educated,” said Rabih Khattab, one of the founders of the Cedar Rehab Center in Hammana, which opened earlier this year. “We’ve gotten phone calls [from judges] where they ask if a patient can be admitted to rehab rather than going to jail, but they only call when they know the patient is ‘not suitable’ to be in a jail cell, suitable meaning somebody coming from a good family.”
Although some judges might assume only wealthy users can afford Cedar’s $7,000-a-month price tag, Khattab said the center operates on a sliding scale and about half of all patients receive financial assistance. The Oum al-Nour association offers inpatient rehabilitation for free, but a spokesperson for the institution refused to discuss its relationship to the judiciary or whether the number of referred cases had risen since the Committee’s formation.
The drug law, otherwise known as Law 673 or the 1998 law, stipulates that anyone accused of drug possession or use – not trafficking or selling – has the option to pursue treatment at a government-approved facility in exchange for having charges dropped.
However, until 2013, the Committee for Combating Addiction, the body outlined in the law and charged with overseeing these cases, remained ink on paper, leaving individual judges to make their own arrangements – or not.
Sympathetic judges forged fruitful working relationships with nonprofit treatment centers to which they referred users, sometimes suspending sentences and in at least one case dismissing charges altogether. Many more, however, chose to prosecute drug users as criminals in the Committee’s absence.
While activation of the Committee in early 2013 was hailed as a big step forward, some active members of the recovery community complain about the Committee’s pace of progress and relatively low number of cases it has taken on. Meanwhile, many judges continue to ignore the Committee’s existence altogether.
“We don’t have a big number to be able to evaluate the Committee’s work,” said Kareem Nammour, a lawyer who works with Skoun Addictions Center. “The number of files is not big compared to the number of prosecutions that happen per year.”
He said there were several factors that contributed to this phenomenon, including a lack of information about the Committee both among judges and defendants who don’t know their rights.
“There is a practice that people are not able to let go of,” he said. “Prosecutors and some of the judges still see drug users as criminals that should be prosecuted and put in prison or punished.”
Skoun has been working to raise awareness among judges, politicians and the general public with its “Support Don’t Punish” campaign, as well as undertaking strategic cases in courts across Lebanon pushing for the literal and full application of the law.
“The point of this litigation is to force judges to send people to the Committee,” Nammour said. “If the first instance judge refuses, we go to appeal, if appeal refuses, we go to the Court of Cassation.”
Skoun’s legal team, which includes Nammour and his partner, Nizar Saghieh, won a case before the Court of Cassation last year. The judge ruled that the law is not to be applied at the discretion of members of the judiciary, reiterating their legal obligation to refer all qualifying cases to the Committee.
In some cases, the law is being abused or misinterpreted by law enforcement before a judge even lays eyes on a case. One source said that police are demanding drug users pay up to $45 for weekly drug tests that cost just a few dollars in exchange for their release. Saghieh clarified that the Beirut Public Prosecutor issued a memo to police instructing them to release first time offenders from jail provided they show up for monthly drug tests, but added that this does not halt prosecution.
Wassim (not his real name) was addicted to drugs and alcohol for 10-15 years before getting sober earlier this year at Cedar Rehab Center. Before Cedar, he tried several different programs in Lebanon without success because, he said, the emphasis was on detoxification rather than addressing the root causes of addiction through therapy.
His own brush with the law happened about six years ago when his family grew desperate and called the police. Many people do not think of addiction as an illness, he explained, and therefore an addict’s erratic or hurtful behavior is mistaken for his or her true character.
“This happens a lot, where the family gets to a point, because they are not educated enough in the subject, where they think if they bring the police, [the addict] will stop using drugs,” he said.
Wassim said he was not given the option of treatment, and the conviction remained on his criminal record for five years. “If I had had the opportunity to get treatment at that time, maybe it wouldn’t have gotten to this point,” said Wassim, who struggled to get clean for years following his arrest.
While more treatment options exist now than ever before, another obstacle to the full implementation of the law is financial. The law requires that treatment be provided for free either at a public rehab center or one approved by the Health Ministry. However, the only public rehab center is a detox center in Dahr al-Bashiq, and longer-term, therapy-based programs are run by private centers or NGOs that are left to do their own fundraising.
“It might be cynicism, because they don’t believe in the judiciary,” Nammour said of the judicial community’s failure to embrace treatment over punishment. “When I talked about the case we won at the [Court of Cassations], I have a lot of people saying ‘how did you do that?’”
“I think faith in the judiciary should be stressed because you can actually achieve a lot if you believe in your cause.”
Justice Minister Ashraf Rifi could not be reached for comment.