This is the first resolution ever adopted by the CND that is entirely dedicated to the issue of proportionality of sentencing for drug offences. Although the original text was significantly watered down during the negotiations process, it still constitutes an important milestone in the history of the CND.
Resolution 59/7. Promotion of proportionate sentencing for drug related offences of an appropriate nature in implementing drug control policies
Recalling the concept of proportionate sentencing provided by Article 3 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 and the importance of promotion of proportionate sentencing for drug offences, so as to ensure just humane and effective criminal justice response to the drug problem
Recognizing that the 1988 Convention requires States Parties to ensure that the offences established pursuant to the Convention are liable to sanctions which take into account their degree of gravity and distinguish between offences that are ‘particularly serious’ and offences of a minor nature
Reaffirming the principle that it is the responsibility of states to define crimes and determine appropriate sentencing with due regard, inter alia, to the need to deter the commission of drug related offences
Recalling further that the three international drug control conventions establish that States may provide, either as an alternative to conviction or punishment or in addition to conviction or punishment, that drug-using offenders should be offered measures such as treatment, education, aftercare, rehabilitation or social reintegration,
Noting that some member states may provide alternative measures to prosecution or imprisonment which do not entail any impunity, in accordance with their national legislation
1. Encourages Member States to take appropriate measures to ensure that, subject to their constitutional principles and basic concepts of their legal system, their national law satisfies the requirements set forth in the 1988 Convention that sentencing for drug-related offences is proportionate to the severity of the offence and takes into account the facts and circumstances of each case, and also takes into consideration, as appropriate, the relevant United Nations Standards and Norms on Crime Prevention and Criminal Justice;
2. Invites Member States, subject to their constitutional principles and basic concepts of their legal system, to promote proportionate national sentencing policies, practices and guidelines for drug-related offences, where the severity of sentence is proportionate with the gravity of the offences, and where by both mitigating and aggravating factors are taken into account, including the circumstances enumerated in Article 3 of the 1988 Convention and other relevant and applicable international law, and in accordance with national legislation
3. Also invites Member States, to consider, subject to the basic principles of their legal systems, to develop or adopt measures such as education, treatment, rehabilitation or social reintegration, as alternative to or in addition to conviction or punishment for drug-related offences, in full compliance with appropriate provisions of Article three of the 1988 Convention
4. Invites Member States on a voluntary basis to share through the CND information, lessons learnt, experience and best practices on the design implementation and results on appropriate domestic practices on proportionate sentencing pursuant to the three international drug control conventions including Article 3 of the 1988 Convention