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Thursday, February 7th, 2008

    Time Event
    12:53p
    U.S. Needle Policy Hurts AIDS Sufferers
    U.S. NEEDLE POLICY HURTS AIDS SUFFERERS

    Today, the African American community will gather under the banner of National Black HIV/AIDS Awareness Day to bring attention to this modern plague and its disparate impact on the black community.

    While HIV/AIDS decimates our community, our nation has failed to implement a national health policy that addresses how this disease is spread. Nowhere is this discrepancy as great as over the issue of needle exchange.

    Needle exchange remains a scientifically proven strategy to curb the spread of AIDS by providing clean needles and access to treatment for injection drug users. Unfortunately, for nearly 20 years Congress has maintained a no-longer-rational ban on the use of federal dollars for needle exchange programs. Congress thinks differently than health professionals and organizations such as the Black AIDS Institute, National Minority AIDS Council, NAACP, National Urban League, American Academy of Pediatrics; American Bar Association, American Medical Association and U.S. Conference of Mayors.

    These groups see needle exchange as a viable means of slowing the spread of the virus. Nearly a quarter of the annual 40,000 new cases of HIV/AIDS in this country are either a direct or collateral effect of intravenous drug use. The failure to have access to clean needles has wide-ranging implications not just for drug users, but also for their families and entire communities. Up to 75 percent of new AIDS cases among women and children are directly or indirectly a consequence of intravenous drug use.

    If most Americans knew, by simply removing a political plank in congressional appropriation bills, that we could reduce the spread of HIV/AIDS in the United States by up to one-third, they would run to their congressional representative's office and demand answers. They would want to know why our elected officials ignored a proven strategy to prevent the spread of HIV - a strategy that has already been approved by 16 counties and four cities in California, as well as in more than 20 nations from Europe to Canada.

    Due to the federal ban on syringe exchange enacted in 1988, states and cities have been limited to using scarce local funds to combat the damage that results from intravenous drug users sharing HIV-infected needles.

    According to the Harm Reduction Coalition, more than 200 needle exchange programs exist in 36 states, and their impact on reducing the spread of HIV and Hepatitis C has been amazing. According to a 2005 study of New York City HIV trends, the number of HIV positive injection drug users dropped more than 75 percent from 1990 to 2001. Similarly, a 1997 study in The Lancet medical journal compared HIV infection rates among injection drug users in 81 cities around the world. In the 52 cities without needle exchange programs, the rates increased on average 5.9 percent annually; yet in those 29 cities with needle exchange programs, HIV rates dropped 5.8 percent annually.

    Health experts have called for allowing federal dollars for needle exchange programs. Advocates for removal of the federal ban cheered when Congress voted to allow the District of Columbia to use its own funds to support syringe exchange programs. In California, Gov. Arnold Schwarzenegger signed into law similar legislation that, after 20 years, finally provides local jurisdictions greater autonomy in using funds to support syringe exchange.

    Countless studies have documented the benefit syringe exchange programs have had on reducing HIV/AIDS rates across the globe and here in California, which hosts 39 syringe exchange programs.

    Sadly, for African American and Latino communities, the problem of HIV/AIDS has already reached the crisis level. Today, African Americans make up only 12 percent of the national population but the majority of new AIDS cases. Additionally, African Americans make up 50 percent of AIDS cases attributed to drug injection use, while Latinos make up 25 percent.

    These horrific numbers could lead many to see the federal ban on syringe exchange programs simply as a "minority" issue instead of the national public health policy issue that it is.

    As law professor Lani Guinier noted, America's minority communities often serve as "the canary in the coal mine" for social maladies. Why would health problems facing these communities not eventually impact each and every neighborhood? Already reports from the CDC indicate that yearly HIV/AIDS infection rates could actually be 20 percent to 50 percent higher than previously estimated.

    On National Black HIV/AIDS Awareness Day, ours is not a call from the African American community alone. It is a call from advocates the world over, whose communities are plagued by an epidemic and who seek resources for the fight.

    Removing the federal ban on syringe exchange programs makes sense economically, politically and morally. Better public policy must not be strangled by Beltway politics - after all, we are talking about people's lives.







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    12:57p
    Drug Trafficker Gets Death
    MUMBAI: In a rare ruling, a special narcotics court in Mumbai on Wednesday sent a resident of Kashmir convicted for drug trafficking to the gallows. Ghulam Malik was found guilty in two different cases for dealing in narcotics. And under stringent provisions of the Narcotic Drugs and Psychotropic Substances ( NDPS ) Act, a second conviction is punishable only with a mandatory death sentence.

    Judge P B Sawant, who sentenced Malik to death, turned emotional after the sentencing and said, "In my 29 years in the profession and past ten years as a judicial officer I had given no capital punishment, but duty is duty and today I have performed it." However, a legal expert said the order may be questioned in the context of the NDPS Act which essentially raises the penalty if a man is caught dealing in drugs a second time round.

    The Narcotics Control Bureau ( NCB ) had seized a truck loaded with 142 kg of hashish in Ahmedabad in January 2002. Documents found in the truck indicated that 55 kg of the contraband was destined for Mumbai where it was to be delivered to Malik. This was the crux of the first case against Malik.

    On January 14, 2002, officials from the Mumbai unit of NCB tracked Malik to his Dongri residence where they found another 1.8 kg of hashish. Malik in his interrogation said he had stored more hashish in a godown in Andheri. Raids on the godown yielded another 188 kg of hashish. This resulted in him being booked in a second case.

    Malik was first convicted in March 2004 by a fast track court in Gujarat and sentenced to 10 years RI. Then, on December 18, 2007, judge Sawant found Malik guilty in the case against him in Mumbai for the seizures made from the godown.

    Special public prosecutor Arun Gupte then invoked article 31-A of the NDPS Act which says that a second conviction is punishable only with a death sentence. Hence the sessions court gave a death penalty to Malik.

    However, advocate Ayaz Khan said article 31-A required some reinterpretation to understand the spirit behind it. "In Malik's case both convictions have come as a result of a single drug transaction whereas the purpose of the mandatory death sentence clause is to deter convicts from breaking the law again and again," said Khan. These questions will now be considered by the high court when it looks at the death sentence handed out by judge Sawant.




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