PORTUGAL: DRAFT OF 2008 INTERNATIONAL NARCOTICS CONTROL

UNCLAS LISBON 002685 SIPDIS E.O. 12958: N/A TAGS: SNAR PO SUBJECT: PORTUGAL: DRAFT OF 2008 INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT (INCSR) REF: SECSTATE 100992 ¶1. Per reftel request, attached is Embassy Lisbon's submission for the 2008 INCSR Report. ¶I. Summary Portugal once again saw a significant decline in cocaine seizures as shipments to Europe are increasingly being routed through African nations rather than Northern Atlantic routes. As a result, seizures of cocaine decreased from 5.2 metric tons in the first six months of 2007 to 2.6 metric tons during the same period in 2008. In the first half of 2008, seizures of heroin increased from 40 kilograms in 2007 to 49 kilograms in 2008. Hashish seizures increased significantly from 15.1 metric tons in the first half of 2007 to 24.4 metric tons in the first half of 2008. U.S.-Portugal cooperation on drugs has included high-level visits to Portugal by U.S. officials and experts, and consultations on the newly established Maritime Analysis Operations Center for Narcotics (MAOC-N),located in Lisbon. Portugal is party to the 1988 UN Drug Convention. II. Status of Country Drug smugglers have used Portugal as a primary gateway to Europe in recent years; their task is made easier by open borders among the Schengen Agreement countries and by Portugal's long coastline. Since early 2007, Portuguese law enforcement entities have seen a significant drop in cocaine seizures and speculate that traffickers have moved to Western African nations and then enter Europe in smaller, harder to detect packages. South America remains the primary source of cocaine arriving in Portugal, usually transited through Brazil and Venezuela. For hashish, primary source countries were Morocco and Spain. Cocaine and heroin enter Portugal by commercial aircraft, containers, and maritime vessels. The Netherlands, Spain and Belgium are the primary sources of Ecstasy in Portugal. Drug abuse within the Portuguese prison system continues to be a major concern for authorities. III. Country Actions Against Drugs in 2008 Policy Initiatives. Portugal decriminalized drug use for casual consumers and addicts on July 1, 2001. The law makes the "consumption, acquisition, and possession of drugs for personal use" a simple administrative offense. In 2007, the Portuguese Parliament approved a law allowing police to test drivers' saliva for driving under the influence of narcotics and/or alcohol. If the road-side sample is positive, drivers must then undergo a blood test at a health care establishment to confirm the results. Drug testing prior to the new law had to be done at a health care establishment, making the process more complicated for both drivers and law enforcement officers. Law Enforcement Efforts. Portugal has seven separate law enforcement agencies that deal with narcotics: the Judicial Police (PJ),the Public Security Police (PSP),the Republican National Guard (GNR), Customs (DGAIEC),the Immigration Service (SEF),the Directorate General of Prison Services (DGSP),and the Maritime Police (PM). The PJ is a unit of the Ministry of Justice with overall responsibility for coordination of criminal investigations. The PM reports to the Ministry of Defense and the other entities are units of the Ministry of the Interior. According to a 2007 semi-annual report prepared by the PJ, the Portuguese law enforcement forces arrested 2,550 individuals for drug-related offenses in the first six months of 2008 as "traffickers/consumers." Of those arrested, 80% were Portuguese citizens, but the foreign nationals arrested include citizens from Cape Verde (229),Guinea Bissau (50),Brazil (36), Angola (30),and Spain (23). The 2007 PJ semi-annual report indicates a significant decrease in the cocaine seized in the first half of 2007 compared to the first half of 2006. Cocaine seizures fell by 45% from 5.2 metric tons to just 2.6 metric tons in the first half of 2008. Also over the first six months of 2008, compared to the same timeframe in 2007, hashish seizures jumped by 60% to 24.4 metric tons, Ecstasy seizures increased to 64,361 pills and heroin seizures increased to 49 kilograms. PJ's first semester report on 2008 activities notes the seizure of over 1 million Euros in cash, plus the equivalent of over 12,000 Euros in foreign currency, and 344 vehicles, 1,565 cell phones, and 114 weapons. -- On May 14, 2008, GNR officers seized 4.4 metric tons of hashish in Cabanas de Tavira, Portugal. Most hashish seized in Portugal is intended for the Portuguese market, alQough some does go to Spain. -- On June 26, 2008, Portuguese Judicial Police (PJ) seized 199 bales of hashish, weighing 6 metric tons, off the southwestern coast in a Portuguese fishing boat. Corruption. As a matter of government policy, Portugal does not encourage or facilitate the illicit production or distribution of drugs or substances, or the laundering of proceeds from illegal drug transactions. Agreements and Treaties. Portugal is party to the 1988 UN Drug Convention, the 1961 UN Single Convention as amended by the 1972 Protocol, and the 1971 UN Convention on Psychotropic Substances. Portugal is party to the UN Convention against Transnational Organized Crime and its protocols against trafficking in persons and migrant smuggling. In September 2007 Portugal ratified the UN Convention against Corruption. A Customs Mutual Assistance Agreement (CMAA) has been in force between Portugal and the U.S. since 1994. Portugal and the U.S. are parties to an extradition treaty since ¶1908. Although this treaty does not cover financial crimes or drug trafficking or organized crime, certain drug trafficking offenses are deemed extraditable in accordance with the terms of the 1988 UN Drug Convention. Drug Flow/Transit. Portugal's long, rugged coastline and its proximity to North Africa offer an advantage to traffickers who smuggle illicit drugs into Portugal. In some cases, traffickers are reported to use high-speed boats in attempts to smuggle drugs into the country, and some traffickers use the Azores islands as a transshipment point. The U.S. has not been identified as a significant destination for drugs transiting through Portugal. Domestic Programs. Responsibility for coordinating Portugal's drug programs was moved to the Ministry of Health in 2002. The Government also established the Institute for Drugs and Drug Addiction (IDT) by merging the Portuguese Institute for Drugs and Drug Addiction (IPDT) with the Portuguese Service for the Treatment of Drug Addiction (SPTT). The IDT gathers statistics, disseminates information on narcotics issues and manages government treatment programs for narcotic addictions. It also sponsors several programs aimed at drug prevention and treatment, the most important of which is the Municipal Plan for Primary Prevention. Its objective is to create, with community input, locality-specific prevention programs in thirty-six municipal districts. IDT runs a hotline and manages several public awareness campaigns. Regional commissions are charged with reducing demand for drugs, collecting fines and arranging for the treatment of drug abusers. A national needle exchange program was credited with significantly reducing the spread of HIV/AIDS and hepatitis, although HIV infections resulting from injections are still a major concern in the Portuguese prison system. In November 2006, Lisbon city officials approved plans for legalized assisted narcotics consumption centers or "shoot houses" to open in late 2007 but the heated internal debate has stalled plans to open. Portugal is implementing its National Drugs Strategy: 2005-2012, with an intermediary impact assessment scheduled for 2008. It builds on the EU's Drugs Strategy 2000-2004 and Action Plan on Drugs 2000-2004 and focuses on reducing drug use, drug dependence and drug-related health and social risks. The 2008 strategy includes prevention programs in schools and within families, early intervention, treatment, harm reduction, rehabilitation, and social reintegration measures. IV. U.S. Policy Initiatives and Programs Bilateral Cooperation. DEA-Madrid is responsible for coordinating with Portuguese authorities on U.S.-nexus drug cases. The Portuguese Customs Bureau cooperates with the U.S. under the terms of the 1994 CMAA. In April 2008, U.S. Director for the Office of National Drug Control Policy John Walters visited Portugal and met with Portuguese law enforcement, health, and NGO officials to discuss the narcotics problem in Portugal. The Road Ahead. Portugal and the U.S. will use their excellent cooperative relationship to improve narcotics enforcement in both countries. BALLARD