An organisation that supports victims of crime has come out in favour of decriminalising drug use but called for hefty fines to deter users, with the proceeds going into a fund for victims as a form of restorative justice.
The recommendation was made in a position paper issued yesterday by Victim Support Malta, signed by director Roberta Leprè, Andrea Agius, Marilyn Clark and Flavia Zimmermann.
Under the proposals of a White Paper published last July, cannabis users would no longer face court proceedings but come in front of a traffic-style tribunal presided over by a Commissioner of Justice.
This would also apply to first-time offenders involving use of any other drug, while repeat offenders would go into rehabilitation under strict conditions.
Although spared court proceedings, repeat offenders could still wind up before a magistrate if they do not adhere to the conditions.
While in favour of most of the provisions in the White Paper, Victim Support criticised the lack of distinction between drug use and the deviant behaviour associated with it.
It also noted that as long as drugs remained illicit, they would continue to fuel economically driven crimes.
Users should be held accountable for their actions under the influence of drugs... the term ‘victims’ was misleading and problematic
Drug users should be held accountable for their actions under the influence of drugs, it said, pointing out that cases such as intoxicated driving and drug use during pregnancy were completely omitted from the consultation document.
It also took issue with referring to drug abusers as victims, saying the term was “misleading and problematic”.
Addicts commit crimes to sustain their addiction and are helped in doing so if they are given the message that they are victims of an illness that is beyond their control, the group argued.
It also noted that Malta boasted very accessible, professional services for drug users such as the Detox Centre.
Drug abuse should be deterred due to its economic enslavement, biological impairment and the criminal environment associated with the drug distribution market.
In its recommendations the group called for restorative justice measures including victim reparation. Other suggestions put forward were the establishment of guidelines to reduce the subjectivity and personal discretion of the proposed Commissioner for Justice and to guide the functioning of the board.
A periodic review of this structure and newly introduced measures should be carried out to identify improvements, it recommended.