The CND side event engaged Member States, civil society and other partners in a discussion on how legal aid and legal aid service providers can address these challenges and improve justice and health outcomes for people in contact with the law for drug offences.
The perspective of people with lived experience was central to the discussion. “When the defense is weak, delayed, or merely formal, the system becomes automatic, and imprisonment ceases to be the last resort and becomes the first response” said Claudia Cardona, founder of the organization Mujeres Libres Colombia.
Legal aid providers Gisela Baer de Albuquerque and Chinelo Uchendu shared their experience supporting people arrested for drug offences in Brazil and in Nigeria. Uchendu underlined that it is a misconception to think that drug offenders are rich, as “it is usually the middle men and those at the lowest level who get caught”. Concerned that almost half of incarcerated women are in prison for drug offences, Baer stressed that “women occupy the lowest level of drug trafficking hierarchy, are often recruited by partners or family members, and yet receive the same sentence as those commanding the operation”.
Prosecutors also have an important role to play. “It is essential not only that lawyers receive adequate training, but also that prosecutors are able to complement this work, ensuring that indicators of exploitation are properly detected” said Rosa Ana Morán Martínez, Chief Prosecutor of the Special Anti-Drug Prosecutor's Office of Spain. She noted that the obligation of prosecutors is not to prosecute without limits or increase the number of arrests and convictions, but to ensure full respect for procedural guarantees. She referred to a recent case involving a ship transporting several tons of cocaine whose crew were identified by prosecutors as victims of trafficking in persons.
As highlighted in the 2016 UNGASS Outcome document, timely access to legal aid is of key importance for effective criminal justice responses to drug-related crimes. The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems provide detailed guidance for Member States to establish and operate functioning legal aid systems, with explicit provisions on special measures that should be taken to ensure meaningful access to legal aid for people who use drugs.
Despite these international standards and commitments, the implementation of the right to legal aid is still lagging behind, even though this right is recognized in most national constitutions and laws. The UNDP/UNODC Global Study on Legal Aid found that a lack of confidence in the quality of services was one of the strongest challenges faced by poor and vulnerable groups in accessing legal aid services. Women are particularly affected by drug law enforcement, as demonstrated by the higher percentage of women imprisoned for drug-related offences compared to men, yet face particular challenges in accessing legal aid, including limited legal rights awareness and a lack of access to the family income. Early access to legal aid can represent an important protection against human rights abuses and ensure compliance with international standards on diversion, alternatives and access to treatment.
UNODC has been actively supporting countries in strengthening access to legal aid as a fundamental component of fair and effective criminal justice systems. In partnership with other organizations, UNODC has implemented initiatives such as a joint project in West Africa to improve access to legal aid for women, and has developed practical guidance tools, including the Handbook on Ensuring Quality of Legal Aid Services in Criminal Justice Processes and the Handbook on Early access to legal aid in criminal justice processes.
