Former chief magistrate repeats call for comprehensive drug rehab scheme

Former Magistrate K A Juman Yassin has repeated a call for government to establish a comprehensive drug rehabilitation programme in Guyana. Speaking during a recent interview, Yassin stated that Guyana is far away from having such a programme, despite severe criticism over the years.
In its 2013 International Narcotics Control Strategy Report released last week, the United States said Guyana lacks a robust demand reduction strategy that adequately addresses drug rehabilitation.

Marijuana is the most widely used drug in Guyana, followed by cocaine. The Guyana National Council for Drug Education, Rehabilitation and Treatment, within the Ministry of Health, is the single government body responsible for addressing demand reduction.

Demand reduction
Non-governmental organisations, such as the Salvation Army and the Phoenix Recovery Project, also offer rehabilitation services. The report stated that the University of Guyana initiated a demand reduction curriculum through OAS/ CICAD funding.
“As part of CBSI, the United States supports a skills and knowledge for youth employment project that provides vulnerable youth with alternatives to drug-related activities and provides skills for transitioning to the workforce.”
Yassin said the problem has been endemic even in schools and age, gender; class or social strata have not been spared the harmful effects of drug abuse.
He detailed that Guyana’s Narcotics, Drugs and Psychotropic Act 1988 stipulates that persons found guilty of narcotic offences over a certain amount can be imprisoned for a minimum of three years and a maximum of five years.
However, there is a clause which gives magisterial consideration should a rehabilitation facility indicate that the offender can be reformed.
According to Yassin, there were amendments dealing with the reduction of sentencing regarding possession offences, but the act specifically pointed out that there must be rehabilitation.
Section 65 of the act states that there must be centres established under the act while Section 66 (one) clearly mentions that the health minister may establish reform centres for rehabilitation as he thinks fit for the care, treatment and rehabilitation of such persons addicted to narcotics.
Unfortunately, the act uses the words “May establish”, which denotes discretion and does not mandate the minister to do so; negating the possibility of a mandatory requirement.
“I believe that because of the proliferation of narcotics in society from the young to the old, from the good to the bad and the ugly, these rehabilitation centres should be established,” Yassin stressed.

Provision for rehabilitation
He said that Section 72 of the act provides for the convicted person to be rehabilitated, but while some young persons are found in possession of five or six grams, they are sent to prison for three years.
According to Yassin, magistrates can go the alternative route of sentencing the person to a rehabilitation centre, and based on a favourable report of rehabilitation, that person can be released back into society.
“They are not criminals. Once the officers at the rehabilitation centre appeal by way of a certificate to the court, that the person has successfully undergone treatment and they are no longer addicted; the court can grant a remission of the whole or remaining portion of the sentence.”
Yassin pointed out that should a survey be done of the prisons, it would be found that the majority of people convicted are those who committed offences related to smoking. He believes that a lot of these persons can be subjects of rehabilitation and be returned to society without the contamination of offenders in the criminal justice system.
While he has applauded the efforts of the Salvation Army, the former magistrate cited the need for expansion of the service to address the issues and the way forward.
Yassin also acknowledged that government cannot tackle the problem in isolation, but stated that it requires a collective effort on the part of social organisations such as Rotary, Lions and other groupings.
“They can come together in partnership with government to attempt implementation of these projects. Within these organisations, we may be able to access overseas assistance from partnership ventures to ensure the drug rehab programme is realistic,” Yassin stated.