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MALAYSIA'S EXPERIENCE IN THE FIGHT
AGAINST ILLICIT DRUG TRAFFICKING
Musaev Djamaliddin Kamalovich
Head of the Department of General
Legal Sciences at the Customs Institute,
PhD in Law, Associate Professor
Аnnotation.
The subject was an analysis of the state policy on combating drugs
in Malaysia. The main achievements of the practical implementation of the state policy
of Malaysia in the field of combating drug crime are considered. Features of
international cooperation in the field of combating drug crime.
Key words.
Malaysia, crime prevention, drug trafficking, prevention, drug
trafficking, international cooperation, coordination.
MALAYZIYANING GIYOHVANDLIK VOSITALARNI NOQONUNIY
AYLANISHIGA QARSHI KURASHISH TAJRIBASI
Musayev Djamaliddin Kamalovich
Bojxona institutining Umumhuquqiy
fanlar kafedrasi boshligʻi, yuridik
fanlar boʻyicha falsafa doktori (PhD), dotsent
Annotatsiya.
Maqolada Malayziyaning giyohvandlik vositalarni noqonuniy
aylanishiga qarshi kurashish boʻyicha davlat siyosati tahlil qilingan. Malayziyaning
giyohvandlik jinoyatlariga qarshi kurashish sohasidagi davlat siyosatini amaliy amalga
oshirishning asosiy yutuqlari koʻrib chiqildi. Giyohvandlik bilan bogʻliq jinoyatlarga
qarshi kurashish sohasidagi xalqaro hamkorlikning xususiyatlari muhokama qilingan.
Kalit soʻzlar.
Malayziya, jinoyatchilikni oldini olish, giyohvandlik vositalari
savdosi, oldini olish, xalqaro hamkorlik, muvofiqlashtirish.
ОПЫТ МАЛАЙЗИИ В БОРЬБЕ С НЕЗАКОННЫМ
ОБОРОТОМ НАРКОТИЧЕСКИХ СРЕДСТВ
Мусаев Джамалиддин Камалович
Заведующий кафедрой общеправовых
дисциплин Таможенного института,
кандидат юридических наук (PhD), доцент.
Аннотация.
Предметом послужил анализ государственной политики по
борьбе с наркотиками Малайзии. Рассмотрены основные достижения
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практического осуществления государственной политики Малайзии, в сфере
борьбы с наркопреступностью. Особенности международного сотрудничества в
сфере борьбы с наркопреступностью.
Ключевые слова.
Малайзия, предупреждение преступности, незаконный
оборот наркотиков, профилактика, торговля наркотиками, международное
сотрудничество, координация.
Malaysia is actively used by international drug syndicates as a transit point for
the transfer of large quantities of drugs to other countries – Taiwan, China, including
Hong Kong and Macau. In this regard, the country has a strict policy to combat the
spread and use of drugs.
Malaysia is actively used by international drug syndicates as a transit point for
the transfer of large quantities of drugs to other countries – Taiwan, China, including
Hong Kong and Macau. In this regard, the country has a strict policy to combat the
spread and use of drugs [1].
In March 2021, a large batch of captagon tablets containing amphetamine was
seized in Malaysia, which were hidden in cargo containers that arrived from the Middle
East. The cost of this batch is estimated to be US$ 1.26 billion.
In 1975, Malaysia passed a law providing for execution by hanging for drug
smuggling and possession. In 1983, the scope of the law was significantly expanded.
For the possession of more than 15 grams of heroin or 200 grams of marijuana, as well
as for the importation of strong narcotic substances into the country, an exceptional
measure of punishment is the death penalty, regardless of the nationality of the
offender.
As part of the nationwide campaign against drug addiction, the practice of
Malaysian students passing a drug use test has been introduced since September 2005.
A decision has been made to equip nightclubs and discos in central Malaysia with the
latest detection devices capable of detecting drug addicts among visitors to institutions
[2].
The method of operation of the detector equipment is based on scanning the retina
of the eyes of visitors, in respect of whom there are suspicions of a tendency to drug
use. This initiative of the Malaysian authorities has no analogues in Asia.
Bioscaners that read information from the retinas of schoolchildren have been
installed in many secondary schools in Malaysia to identify drug addicts among
students. The bioscanner is able not only to record the fact of drug use, but also to
recognize its type.
The relevant information is displayed on the screen and can be printed.
Schoolchildren who have received a positive conclusion from the device are sent to
take urine tests in laboratory conditions. Identified drug addicts are not transferred to
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representatives of law enforcement agencies, but are sent to special courses for the
treatment and rehabilitation of schoolchildren suffering from drug addiction [3].
The authorities of the northwestern Malaysian state of Kedah have introduced and
successfully put into practice their own unique system for combating drug trafficking.
According to the current customs legislation, any citizen who reports the fact of illegal
drug transportation across the border, which has become known to him, receives 50%
of the "market" value of the confiscated drugs as compensation.
Remuneration also awaits persons who contribute to the suppression of the
smuggling of other goods, in particular, those who do not have a quality certificate and
are capable of harming the health of their consumers. In this case, the amount of cash
payments is lower.
The growing number of drug addicts in the country forces the Government to
allocate more and more funds both for the prevention and detection of crimes related
to drug trafficking, and for the rehabilitation of identified drug addicts.
As the most effective preventive measure, one of the anti-drug programs involves
assigning the responsibility for monitoring adolescents and young people to village
elders who enjoy unquestioning authority in rural areas with a traditional patriarchal
way of life.
Several elders in each of the districts of the state monitor the behavior of residents
from the "risk group", talk to their relatives and inform the authorized persons on
combating drug addiction about the suspicions that have arisen.
Malaysian legislation, considered one of the toughest in the world in relation to
drug couriers, as a rule, does not take into account exculpatory or mitigating
circumstances. For example, in early November 2006, a retired military man, the father
of 11 children, was sentenced to an exceptional measure of punishment.
From January to June 2011, almost 80 thousand people were arrested in Malaysia
for various drug-related offenses. Almost 5,700 of them were illegal traders.
Approximately 70% of this number were charged in court, the rest were detained in
accordance with the 1985 Law on Special Preventive Measures.
Between January and June 2011, Malaysian police arrested 22 drug couriers at
the country's international airports and conducted raids against 11 clandestine
laboratories and three drug depots.
On average, one convict is sentenced to death every month in the country, mainly
for crimes related to drug smuggling and trafficking.
The law gives the police the right to arrest persons suspected of trafficking
dangerous drugs without a court warrant and hold them in custody for up to 60 days,
after which the term of imprisonment can be extended up to two years by the decision
of the Minister of Internal Affairs.
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Malaysia is also involved in massive anti-drug operations together with
Singapore, Thailand, Brunei and Australia. Despite the strict criminal legislation and
the dominant role of Islam, the number of drug addicts in the country is constantly
growing.
The vast majority of drug addicts are young people from 17 to 29 years old, who
make up almost 70% of the country's population.
Some lawyers and former judges of Malaysia advocate the immediate
introduction of a moratorium on the execution of capital punishment sentences for drug
trafficking, expressing the opinion that drug trafficking does not belong to the category
of the most serious crimes and should not be punished with capital punishment. Despite
this, statistics show that more than 70% of Malaysian citizens are opposed to the
abolition of the death penalty by hanging.
According to the results of the survey, the overwhelming majority of supporters
of the preservation of the death penalty – the traditional Muslim religion for Malaysia,
while among its opponents are followers of Buddhism and Christianity.
The authorities of the north-western Malaysian state of Kedah have introduced
and successfully put into practice a system of combating drug trafficking that has no
analogues in Asia.
According to the current customs legislation, any citizen who reports the fact of
illegal drug transportation across the border, which has become known to him, receives
50% of the "market" value of the confiscated drugs as compensation.
"Taking into account the danger posed by drug trafficking, it was decided to
introduce a system of remuneration payments as part of the fight against drug
trafficking. The share that a citizen receives who has reported reliable information
about an impending crime is half the cost of the seized potion.
At the same time, persons who contribute to the suppression of the smuggling of
other goods, in particular, those who do not have a quality certificate and are capable
of harming the health of their consumers, are also rewarded. In this case, however, the
amount of cash payments is somewhat lower". The innovation, initially perceived
rather skeptically, has already met the expectations of customs officers.
The day before, customs officers handed over $42 thousand to a local resident
who informed our employees about an attempt to import drugs with a total value of
$84 thousand.
In May 2006, as a result of a joint raid with law enforcement agencies, the largest
batch of fireworks and firecrackers illegally imported into Malaysia and not certified
was confiscated.
Customs officers seized 1,170 boxes with explosive toys with a total value of
more than $285 thousand. A citizen who showed conscientiousness and informed us
about the offense in time was also rewarded.
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Despite the strict criminal legislation providing for the death penalty by hanging
for the importation of strong narcotic substances into the country, as well as the
dominant role of Islam, which prohibits not only drug addiction, but also the use of
alcoholic beverages, in recent years the country's authorities have faced the problem of
an increase in the number of registered young people who regularly use drugs.
So, in 2005, 290 thousand drug addicts were registered in Malaysia, while the
year before last this figure was slightly less than 255 thousand people. The age of the
vast majority of drug addicts is from 17 to 29 years, that is, they are representatives of
the age group that makes up almost 70% of the country's population. Considering that
for every detained drug addict there are three undetected, this figure is at least three
times more [4].
Summing up the results of the analysis of the national strategy for combating
drugs of Malaysia, we note that the main directions of this activity are to promote
preventive policies aimed at reducing the supply and demand of narcotic drugs and
psychotropic substances, the development of various centers for the care and
rehabilitation of drug addicts, stimulating their return to public life.
Today, Malaysia has a unified and diversified network of programs and various
resources prepared and presented for drug users. Both public and private organizations
with state funding are involved in the programs. Drug addicts undergo both outpatient
treatment and substitution treatment.
The State regards countering illicit drug trafficking as one of the most important
tasks of law enforcement agencies and provides great support to effective institutions
aimed at combating drug crime.
Today Malaysia combines rational legislation with offensive, intensive and
dynamic preventive, educational and educational work in the field of countering drug
addiction, having the desire and determination to maintain a shaky parity between
individual freedom and the health of the nation.
References:
1. The experience of Malaysia in the fight against drug addiction //
https://ria.ru/20110919/438026553.html.
2.
INCB
report
for
2021.
//
https://www.incb.org/documents/Publications/AnnualReports/Thematic_chapter
s/Russian/AR_2021_R_Chapter_I.pdf.
3. On the Sectoral program for combating drug addiction and drug trafficking in the
Republic
of
Kazakhstan
for
2012
-
2016
//
https://adilet.zan.kz/rus/docs/P1200000451.
4. A unique system of combating drug trafficking has been introduced in Malaysia
// https://online .zakon.kz/Document/?doc_id=30055996
