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DRUGS

Frenchman faces 17-year term for meth smuggling

An Indonesian prosecutor on Monday recommended a 17-year jail sentence for a Frenchman accused of smuggling a huge stash of crystal methamphetamine into the resort island of Bali.

Frenchman faces 17-year term for meth smuggling
François Giuily gestures after his trial at a court in Denpasar on Indonesia's resort island of Bali on May 19th, 2014. Photo: Sonny Tumbelaka/AFP

François Giuily, 49, was arrested in January at Bali airport with more than three kilos (6.8 pounds) of the drug hidden in two plastic bags in his suitcase lining, according to prosecutors.

Customs officials said at the time of his arrest that the drugs had a street value of around $500,000.

Prosecutor Gusti Putu Gede Atmaja told a court in the Balinese capital Denpasar that he was recommending a 17-year jail sentence and a fine of 10 billion rupiah ($850,000).

If the Frenchman did not pay the fine, he would have to serve an additional three months in jail, he said.

"The defendant's action is against the government's programme to eradicate drug use and his action could tarnish the image of Bali as a place for tourists," he said.

Smuggling such a large quantity of drugs into Indonesia can be punishable by death under the country's anti-drugs laws, which are some of the toughest in the world.

However Atmaja said that prosecutors were taking Giuily's clean record into account.

Judges do not always stick by prosecutors' recommendations, however.  

British grandmother Lindsay Sandiford, who was caught smuggling cocaine into Bali, was handed a death sentence in January last year despite prosecutors recommending a 15-year jail term.

Foreigners are regularly caught with drugs in Indonesia, many of them on hard-partying Bali, and several are on death row.

Giuily was arrested the day before another Frenchman, Michael Blanc, was released on parole from prison in Indonesia after serving 14 years for drug smuggling.

French national Serge Atlaoui is on death row in Indonesia. He was handed the penalty in 2007 after he was caught working in a drugs factory outside the capital Jakarta.

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DRUGS

Germany should make cannabis available at pharmacies not ‘coffee shops’, says FDP boss

Germany's possible new government could well relax the country's strict cannabis laws. But FDP leader Christian Lindner says he doesn't want to go down the Netherlands route.

A demonstrator smokes a joint at the pro-cannabis Hanfparade in Berlin in August 2021.
A demonstrator smokes a joint at the pro-cannabis Hanfparade in Berlin in August 2021. Photo: picture alliance/dpa | Annette Riedl

The Social Democrats (SPD), Greens and the pro-business Free Democrats (FDP) are set to engage in coalition talks in a bid to become the next German government.  And the future of cannabis will likely be one of the topics to be thrashed out.

In drug policy, the three parties are not too far apart in their positions. So it’s possible that the drug could be decriminalised.

However, nothing is set in stone and the parties still haven’t come to a common line on the question of where and to what extent cannabis could be accessed. 

The leader of the Liberal FDP, Christian Lindner, has now come out in favour of allowing cannabis products such as hashish to be sold in a controlled manner. 

Consumers should be allowed “to purchase a quantity for their own use, for example, in a pharmacy after health education,” Lindner told a live broadcast on German daily Bild on Sunday.

Lindner said he was sceptical about the sale in “coffee shops” according to the Dutch model. “I am in favour of controlled distribution, and therefore health education must be able to take place,” he said.

READ MORE: Patients in Germany still face hurdles accessing medical marijuana

People in the Netherlands can access cannabis products in coffee shops under the country’s tolerant drugs policy. However coffee shops have to follow certain strict conditions. For instance they are not allowed to sell large quantities to an individual. 

Lindner said his main aims were about “crime and health prevention” and not with “legalising a right to intoxication”.

It’s not clear if Lindner advocates for prescription-only cannabis for medical use, or an over-the-counter model. 

The FDP previously said that they they are in favour of the creation of licensed shops. Their manifesto highlights the health benefits, tax windfalls and reallocation of police resources that legalisation would create.

The Green party also want licensed shops, as well as a whole new approach to drug control starting with the controlled legalisation of marijuana. The Greens state that “strict youth and user protection” would be the centre point of their legislation and hope to “pull the rug from under the black market”.

The SPD also want a reform of Germany’s prohibition stance – but are more cautious than the smaller parties on the legalisation aspect. They would like to initially set up pilot projects. 

READ ALSO: Why Germany could be on the brink of legalising cannabis

Controversial topic

So far, the sale of cannabis is officially banned in Germany. Possession of cannabis is also currently illegal across the entire country. Those caught carrying the substance can face anything from a fine to five years in jail.

However, the justice system generally looks away if you are caught carry small quantities for personal use unless you have a previous conviction.

The definition of personal use differs from state to state, with Berlin having the most liberal rules and Bavaria the tightest.

It is estimated that around four million people regularly use cannabis in Germany.

Representatives of police unions in Germany have warned against legalisation. They argue that cannabis is an often trivialised drug that can lead to considerable health problems and social conflicts, especially among young people.

Oliver Malchow, from the GdP police union, said that “it doesn’t make any sense to legalise another dangerous drug on top of alcohol”.

The current Ministry of Health also continues to oppose the legalisation of cannabis, a spokesperson for Minister Jens Spahn (CDU) made clear. Cannabis is a dangerous substance and therefore legalisation is not advisable, the spokesman said. 

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