What to know about Brittney Griner’s case and Russia’s drug laws

Moscow’s harsh drug legal guidelines are underneath the highlight following the American basketball star’s arrest.

US WNBA basketball superstar Brittney Griner holds photographs standing inside a defendants' cage before a hearing at the Khimki Court, outside Moscow on July 26, 2022. - Griner, a two-time Olympic gold medallist and WNBA champion, was detained at Moscow airport in February on charges of carrying in her luggage vape cartridges with cannabis oil, which could carry a 10-year prison sentence. (Photo by Alexander Zemlianichenko / POOL / AFP)
US WNBA basketball famous person Brittney Griner holds images standing inside a defendants' cage earlier than a listening to on the Khimki Courtroom, exterior Moscow on July 26, 2022 [Alexander Zemlianichenko/POOL/AFP]

Per week earlier than Russia’s invasion of Ukraine in February, Brittney Griner was arrested at Moscow’s Sheremetyevo airport, the place hashish oil vape cartridges had been present in her baggage.

Griner, an American basketball star and Olympic medallist who performed part-time in a Russian crew, admitted the cartridges had been hers and that she had packed in a rush, not intending to interrupt Russian regulation.

She was charged with drug trafficking, an offence that would see her imprisoned for as much as 10 years. She is attending a fifth listening to of her trial on Tuesday.

The case comes as hostility seethes between Russia and the US, with anger rising in direction of Moscow for its battle.

However the story of an American trapped overseas has introduced the drug legal guidelines of each nations into the highlight.

Though Russia had drug management legal guidelines since tsarist occasions, enforcement was virtually non-existent till 1924, when the communist Bolshevik authorities thought-about narcotic dependancy a symptom of a decadent capitalist society and commenced cracking down.

Pilfered hospital provides had been the principle supply of medicine till the Nineteen Eighties, when a brand new pathway for heroin and cannabis was opened by the Crimson Military’s invasion of Afghanistan.

By the late Nineties, heroin was thought-about a major problem, and vigilante gangs focused Roma communities which had been blamed because the supply of the scourge.

Now, the preferred medicine are artificial stimulants resembling mephedrone, that are bought over the darkish net and Telegram.

“There was a well known case the place a narcotics detective accused his colleagues of making their very own drug retailer over the darkish internet, hiring couriers and different employees, then busting all of them and pretending they’d damaged up an organised ring – against the law they’d instigated themselves,” human rights lawyer Arseny Levinson instructed Al Jazeera.

“He was later imprisoned for revealing state secrets and techniques. It’s onerous to know the complete scale, however anecdotal proof suggests these ‘pink’ [police-operated] outlets are fairly frequent. It’s well-known that police are concerned in narcotrafficking. There’s by no means been a battle between the police and drug sellers in Russia as a result of they’re in a whole symbiosis.”

There aren't any claims Griner was arrange, however amongst her cellmates, it might be a risk.

Though private possession is theoretically decriminalised, officers mostly discover simply sufficient narcotics to launch a prison case.

“These are usually not remoted, uncommon circumstances however [part of] a systemic phenomenon that occurs more-or-less always,” defined Levinson.

“There are two foremost causes. The primary and commonest is corruption, to accuse somebody, then demand a bribe. Medication are sometimes planted on these identified to bask in them, on the precept that ‘a thief should sit in jail’. Much less generally, proof is planted for political causes, as an instrument for coping with troublesome characters.”

In 2019, journalist Ivan Golunov was writing a narrative in regards to the funeral business for the impartial information website Meduza when he was detained. Mephedrone and cocaine had been planted in his backpack. He was launched just a few days later after a uncommon public outcry, and final 12 months the officers who framed him had been carted away to penal colonies themselves.

“There's a system often known as ‘the stick’ by which police work is assessed,” Levinson continued.

“The police have to point out they’re doing one thing to earn their wages and clear no fewer circumstances than they did the earlier 12 months. And it’s simpler, in fact, to easily make these circumstances up.”

In addition to planting proof, officers have additionally been identified to stress detainees to save lots of themselves by luring their buddies right into a sting.

Article 228 of the Russian prison code, which refers to drug possession, is now often known as “the folks’s statute” as a result of there are extra folks imprisoned underneath it than some other crime – greater than 1 / 4 of all prisoners.

Griner is just not the one foreigner caught on this predicament.

Former American diplomat Mark Vogel, accused of drug smuggling when he was caught at Sheremetyevo with 17 grams of medical hashish prescribed to him by a physician after he underwent spinal surgical procedure, can also be languishing in a Russian jail.

And so is Daniel Diaz-Strukov; the Russian-Peruvian is serving seven years after he was discovered with hint quantities of the banned psychedelic DMT – which had been in drugs he imported unintentionally.

In 2019, 25-year-old Israeli backpacker Naama Issahar was stopped in Sheremetyevo with almost 10 grams of cannabis whereas on a layover from India. She was convicted of narco-trafficking however was freed a number of months later, after then-Israeli Prime Minister Benjamin Netanyahu personally intervened on her behalf.

Foreigners are likely to obtain stricter sentences

The White Home claims Griner has been wrongly detained, however Russia denies her case is politically motivated.

“Foreigners are likely to obtain stricter sentences as a result of it’s more durable to impose a non-custodial sentence,” stated Levinson.

“At her stage, 0.7 grams of cannabis oil is taken into account a big amount and nearly all of circumstances finish in a jail time period. If she receives a sentence longer than three years, it’s seemingly politically motivated, however in any other case, it’s simply an illustration of the type of folks serving jail time for drug smuggling in Russia.”

At a latest court docket listening to, Griner’s legal professionals introduced a physician’s be aware that she had been prescribed medical hashish, however Russia doesn't recognise the therapeutic energy of the drug.

In truth, even discussing it may land you in hassle.

Russian regulation forbids “narco-propaganda” – the promotion or encouragement of drug use.

In October, well-known YouTuber Yuri Dud was fined for his interview with Ukrainian blogger EeOneGuy, by which EeOneGuy mentioned taking medicine.

Fines have even been handed out for carrying hats embellished with a hashish leaf.

These working with addicts say this regulation prevents necessary security recommendation from being shared.

“The regulation on narco-propaganda has vastly sophisticated preventive work with individuals who use medicine,” stated Aleksey Lakhov, deputy director at Humanitarian Motion, a Saint Petersburg NGO which works to comprise the unfold of HIV.

“There may be the utterly horrible instance with [another NGO] which was fined 800,000 roubles [$13,700] for an article on hurt discount in the usage of sure kinds of medicine. Subsequently, many organisations suppose twice earlier than growing hurt discount supplies. And with the introduction of prison legal responsibility for the promotion of medicine on the web, the scenario will worsen much more.”

Regardless of Russia’s robust anti-drugs stance, the nation suffers one of many world’s worst HIV outbreaks unfold by injecting medicine, with an estimated 0.7 % of the inhabitants dwelling with the virus, whereas deadly overdoses have doubled since 2019.

However Russia is just not the one nation with strict, and typically problematic, drug legal guidelines.

Though marijuana is legalised in 19 American states, there are others resembling Mississippi and Louisiana the place prisoners are nonetheless serving life sentences over small quantities of hashish.

“This isn't only a distinctive worldwide and political incident, it’s a second after we want collective reflection on our personal disastrous drug insurance policies in the US,” stated Gray Gardner, senior employees lawyer on the Drug Coverage Alliance.

“Whether or not Ms Griner would have been detained within the US underneath comparable circumstances is determined by many elements, together with the place the cease and arrest occurred. But it surely definitely does occur all through the nation that persons are locked up for possession alone, and in horribly inequitable methods.

“Whilst we’ve expanded entry to regulated marijuana in lots of states, it hasn’t ended the invasive surveillance, the violent militarised police techniques, and the arrest, prosecution and stigmatisation of over 1.2 million folks for possession of medicine.”

In 2020, Griner wore a jersey on the basketball court docket bearing the title of Breonna Taylor, a Kentucky ambulance employee killed in a drug raid that in the end discovered no medicine.

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