Egypt: MP prepares bill to decriminalize drug use

In Egypt, as in France, ordinary drug users, although treated differently from drug dealers, are subject to prison sentences and fines. John Talaat, Egyptian deputy member of the House of Representatives, has prepared a bill to replace these sentences with 3 to 6-month stays in clinics. He intends to submit the project to the Egyptian Parliament. Reaction to his progressive and ambitious proposal has been mixed.

The proposal

The proposal aims to amend article 39 of the penal code, which governs penalties for drug abuse, and provides for a prison sentence of at least one year and a fine of between €50 and €150. The penalty is increased if the drug in question is cocaine or heroin. On the other hand, the proposal leaves intact the penalties for drug trafficking governed by article 34 of the Penal Code, which provides, among other things, for life imprisonment.

Despite differing interpretations, this proposal amounts to nothing less than the decriminalization of drug use. John Talaat announced the preparation of this proposal in mid-October and consequently began collecting signatures from his colleagues on October 21. If he succeeds in gathering a sufficient number of signatures, he will be able to present his proposal to the Assembly.

To justify this project, the MP uses economic and social arguments. According to him, this measure could drastically reduce the costs associated with imprisoning drug addicts, such as food, drink, deportations, etc. The money spent could be redirected to treatment institutions. The sums spent could be redirected to treatment institutions, which, according to the MP, would make it possible to combat drug addiction more effectively and better prepare for social reintegration. What's more, he explains, it would also be a way of preserving Egypt's increasingly drug-addicted youth, and ensuring that the future of certain young people is not jeopardized by a criminal conviction.

Feedback

Mr. Salah Fawzi al Faqih al-Dustouri, member of the Supreme Committee for Legislative Reform, explains that there are no constitutional or legal objections to the deputy's proposal and that it is worth discussing and debating. Nevertheless, he feels it is necessary to verify the MP's arguments, particularly the one concerning increased drug use among young people. He suggests the development of a statistical study to determine the age group of users and other social factors.

Nevertheless, Mr. Salah Fawzi al Faqih al-Dustouri doesn't see the project as a decriminalization but rather as a replacement for punishment: «I support the deputy's proposal because abuse must remain criminal for Egyptian society for many reasons, we know how it affects the mind, the economy and social life. I therefore support the need to continue to be punished, but the idea of replacing sanctions is a good one to study. His [the deputy's] constitutional right is to propose precautionary or remedial measures».

On the other hand, Majdi al-Bassiouni, former Deputy Minister of the Interior and security expert, announced his total rejection of the proposal. In his view, its application would result in higher rates of abuse, as it provides a degree of security for drug users. In his view, not all drug users should be treated as addicts, and there are cases of abuse that do not fall into the category of addiction. He adds that the problem needs to be rationalized by the security services and the judicial system themselves.