Péter Sárosi Hungarian Civil Liberties Union drugreporter

1. Law enforcement and civil society: conflicts and cooperationOSI Seminar, Bangkok24-27. October, 2007. Péter Sárosi Hungarian Civil Liberties Union www.drugreporter.net

2. HUNGARIAN CIVIL LIBERTIES UNION Law reform and legal defence NGO created in 1994 Legal aid service for vulnerable populations (drug users, PLWHA, psychiatric patients). Since 1994 HCLU attorneys have assisted over 5,000 clients (individual and NGO). Impact litigation (improving legislation through lawsuits) and harm reduction advocacy Trainings, conferences, publications

3. Harm Reduction - Law Enforcement Conflicting interests? • Different approaches: Public Health ↔ Criminal Justice • Overlapping target groups: „vulnerable groups” ↔„drug offenders” • Different goals: Demand/harm reduction ↔ Supply reduction Drug user = goal ↔ Drug user = mean • Confidentiality issues: Doctor-patient privilege ↔ Criminal investigation

4. OVERLAPPING PROBLEMS • petty crime – feeding drug habit • demand for illicit drugs – feeding illicit supply – fueling violent crime • nusiance on the streets – open scene drug use • withdrawal symptoms in detention – crisis situations • abandonded needles and syringes • wasted resources and time on non-violent offenders – distracted from fighting violent crime

5. FROM CONFRONTATION – TO COOPERATION:realizing common goals • Crime prevention – reducing demand through legal supply/abstinence • Focusing law enforcement resources on serious crime/problem drug use – saving money for tax payers • Social (re)integration of marginalized groups/offenders – reducing recidivism • Less nuisance on the streets - safer communities • Management of drug probems in detention/prison – crisis prevention

6. Case I. Civil Obedience Movement • Background: police raids in Hungary, 2005 – hundreds of drug users arrested • Aim: to raise public awareness on how costly, unfair and ineffective this practice is – and mobilize user communities • Action: user activists went to the police station to turn themselves in for using illicit substances in the past (from March to May, 2005 – 60 cases) • Legal assistance: HCLU provided free legal representation + prepared a guidebook for participants

7. Case I. Civil Obedience Movement

8. Case I. Civil Obedience Movement HOW TO USE THE MEDIA? • Creating media lists, personal contacts • Press release with good timing and clear message • Defining responsibilities in media communication • Creating attraction • Monitoring, follow up

9. MEDIA ATTENTION + LEGAL TACTICS Hungarian law: you have to prove that the criminal act is dangerous to society Drug use is not criminalized itself but through aquisition and possession HCLU attempts to point out that there is no danger for society in possessing drugs only for personal use, especially if the drug is not from the illegal market We used the arguments reflected in the petition of professionals supporting decriminalization Case I. Civil Obedience MovementThe Trial

10. OUTCOMES: Intensive media attention – social discussion → national and local forums Pointing out controversial police practices → biased law enforcement, profiling Mobilization of professionals → petition signed by more than 50 experts Mobilization of users → more than 1000 new members from March to December, the number of visitors of the Hempseed website increased (ten times) Case I. Civil Obedience Movement

11. Case I. Civil Obedience Movement

12. Case II. - Needle exchange National Drug Strategy (2000) • the „only effective and cost efficient” way to prevent blood born infections among IDUs is harm reduction National AIDS Strategy (2004-2010) • to support needle exchange sites, installing wending machines • to train social workers to develop anonymus testing and counseling

13. Case II. - Needle exchange • First NSP in 1994 • Regular police raids at mobile units until 2004 • 2004: Treaty between Budapest Police Department and NSPs– establishment of the client-card system • 2005: Treaty between National Police Headquarters failed • Because High Prosecutor's Office stated: “Regardless of its method or aim, any kind of assistance toillicit drug use under any circumstances substantiates a suspicion of crime, therefore police has to initiate a criminalinvestigation.”

14. World AIDS Day 2005 Case II. - Needle exchange

15. Case II. - Needle exchange Aims: • To raise awareness • Change attitudes to NSPs • To force out statements and decisions • To change practice of street body search on the long run

16. Case II. - Needle exchange Actions: • Press releases • Presentation of the case at hearing of the Drug Committee of the Hungarian Parliament Media success • more than 40 articles, • TV news, reports and live interviews (even today) • Continous coverage of the case by the HCLU

17. Case II. - Needle exchange Outcomes: • Changing attitudes • Positive feedback both from the general public, the professionals and the media • Prosecutors finally dropped the charge in June 2006 • Ministry of Justice, Ministry of Work and Social Affairs  Changes in Social Law, 2006

18. How can human rights organizations effectively formalize cooperation with law enforcement agencies?

19. I. Example for Cooperation: Jail and Prison Monitoring Program • based on an agreement between the Helsinki Committee, National Police and National Prison Administration, 1999 • regular visits by human rights advocates in jails and prisons – interviews with prisoners • questionnaires - strictly about living conditions, access to health in prisons, abuses by prison staff • regular reports on prison conditions by HHC – discussed with prison administration • monitoring the implementation of interntional standards and recommendations • Useful for law enforcement officials – independent source, „out of the box” ideas

20. II. Example for cooperation: Independent Police Complaint Commission • Act on Police, 1994 – police/prosecutor investigates complaints against itself – complaints have to be submitted in 8 days – more than 90% of complaints are rejected • Human rights of marginalized groups – including drug users - are often violated by police officiers

21. Demonstrations in September-October 2006 – excessive use of police force .

22. II. Example for cooperation: Independent Police Complaint Commission • HCLU defends demonstrators – case litigation – public awareness on problems • Police is accused of being politically biased – government acknowledges that there is a need for the civil control of police • British example: an independent body of lawyers who supervise police actions • HCLU organized a conference – invited British policemen to share experiences • Police overcame initial doubts and accepted the proposal – FIRST IN CENTRAL-EASTERN EUROPE • The Parliament modified the Act on Police – the new law will come into effect on 1 January, 2008.

23. II. Example for cooperation: Independent Police Complaint Commission • human rights organizations nominated candidates to IPCC (inlcuding HCLU lawyers) • the Parliamentary Committee on Human Rights selects the members of the IPCC for 6 years • less competence than the British IPCC – no right to act as an authority and interfere criminal investigations

24. CONCLUSIONS • Common goals: NGOs and law enforcement agencies have to identify common goals – this needs flexibility and understanding from both sides • Mutual need: Not only NGOs need the support of law enforcement – civil control improves the work of law enforcement as well • Confrontation: NGOs should not avoid confrontation – conflicts often lead to cooperation in the longer run • Formalization: Law enforcement works with a different framework - NGOs have to attempt to formalize cooperation with law enforcement

25. THANK YOU FOR YOUR ATTENTION! More information: sarosip@tasz.hu