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Old 01-03-2009, 02:27 PM
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Default Argentina: Drug Possession Ruling Postponed

Supreme Court Justice Carlos Fayt yesterday confirmed the Court will not rule on the decriminalization of narcotics possession for personal use until February, after reports last week indicated a decision could be reached yesterday.

Also, Justice Minister Anibal Fernandez responded to Civic Coalition leader Elisa Carrio, who accused him of having links with drug traffickers.

"We must wait until February," Fayt told reporters when asked about the controversial decision. The Supreme Court was set to meet yesterday to analyze an injunction filed by a group of citizens in Rosario who have asked for the law punishing drug possession to be declared unconstitutional.

The ruling would mean a drastic change in the way users are considered by the legal system and the medical treatment they receive, and reports indicate the ruling was delayed in order for the Court to reach a unanimous decision in order to vote in favour of ruling the drug law unconstitutional.

According to Law 23737, approved in 1989 during the presidency of Carlos Menem, users can be sentenced to a maximum of two years in jail when the amount of drugs found on them "suggests without doubt that the drug is for personal use," the law reads.

Justice Minister Anibal Fernandez, who is working on a set of recommendations for Congress in order to amend the current drug law, yesterday said drug addicts should not be punished although he urged the state to fight drug-trafficking.

"It's necessary not to punish consumers and addicts," Fernandez said during a radio interview. "But the state must have firm policies against drug trafficking and a strong prevention plan," he added.

"Repressive policies had been tested for 18 years already and it's clear that they've achieved nothing so far," concluded the minister.

Fernandez - one of the main promoters of the decriminalization ruling - - criticized Civic Coalition leader Elisa Carrio, who said on Saturday that Fernandez "should always be suspected," as she warned about the links between drug trafficking and politics.

"Carrio is crazy," said Fernandez. "It's good that everyone suspects me in order to control my work at the office, but I'm not suspicious about Carrio. I'm sure she worked for the military dictatorship in 1975, sharing meals with those who were murdering people," he added.

"Drug trafficking in Argentina is strongly linked to politics. We should always suspect Anibal Fernandez," Carrio said on Saturday.

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