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DRUGS

Hollande urged to save death row Frenchman

Relatives of a Frenchman on death row in Indonesia for drug offences begged President Francois Hollande and the European Union to save him after his last chance appeal was rejected by the Supreme Court on Tuesday.

Hollande urged to save death row Frenchman
French drug trafficker Serge Atlaoui is escorted by armed Indonesian elite police commandos following a court hearing

"Our family calls on President Francois Hollande and the European Union to do everything possible to save Serge Atlaoui from the firing squad," his brother Andre told AFP, describing his "dismay" and "lack of understanding" at the court's decision.

Indonesia's Supreme Court on Tuesday rejected an appeal by Atlaoui on death row for drug offences, taking him and a group of other foreigners closer to execution by firing squad.

Serge Atlaoui, 51, was arrested near Jakarta in 2005 in a secret laboratory producing ecstasy and was sentenced to death two years later.

Imprisoned in Indonesia for a decade, the father-of-four has always denied the charges, saying he was installing industrial machinery in what he thought was an acrylics factory.

He is one of several foreign drug convicts on death row in Indonesia who recently lost appeals for presidential clemency, typically a last chance to avoid the firing squad. They are expected to be executed once final legal appeals are resolved.

In a further bid to avoid execution, Atlaoui filed a request for a judicial review of his case at the Supreme Court.

However Suhadi, one of the judges assessing his case, said the court rejected his application on Tuesday.

"A panel of three judges has rejected (the request) for a judicial review from Frenchman Serge Atlaoui," said Suhadi, who goes by one name and is also the Supreme Court spokesman.

He said there was no new evidence presented — a requirement for a judicial review — and the reasons put forward were not sufficient.

Several other death row convicts also have legal bids outstanding, including two high-profile Australian drug traffickers who have lost several appeals but are now taking their case to the Constitutional Court, although authorities insist they have no more options.

A Ghanaian among the group is appealing to the Supreme Court.

The French ambassador to Indonesia warned last week that executing Atlaoui would have "consequences" for relations between Paris and Jakarta.

Australia has issued a similar warning.

"Neither France nor Australia can tolerate the death penalty being imposed on our citizens at home or abroad," Australian Foreign Minister Julie Bishop said in Paris after meeting her counterpart Laurent Fabius.

"We respectfully request that he (President Joko Widodo) show the same clemency towards the French and Australian citizens as Indonesia seeks other countries to show towards Indonesian citizens who are facing death row in other countries."

Drug laws in Indonesia are among the world's toughest.

Widodo, who took office in October, has been a vocal supporter of putting drug traffickers to death, saying the country is facing a narcotics emergency.

However Indonesia has been actively trying to save its own citizens on death row abroad — Jakarta last week protested at the execution of two Indonesian women in Saudi Arabia.

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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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