ABU DHABI // Convicted drug users are being sent back to court to have their sentences reduced, or to be freed, after new maximum penalties were introduced last year.
The minimum sentence for drugs users has been reduced from four to two years, and the penalty for taking psychotropic pills from a year to six months.
This means that those who were sentenced to four years and have already served two or more should be released immediately.
Prosecutors are working to send the cases of all people who have been imprisoned, and whose legal options have run out, back to the courts of appeals.
Chief Justice Mustafa El Naja, head of an appeals court, said most inmates would only find out about the sentence reductions when they “receive a letter in prison informing them that their verdicts have been altered”.
Mr El Naja said he had received five cases from prosecution in the past two weeks. Dozens of other cases have been raised by appeals lawyers since December.
The federal penal code states that if a new law enforces a different penalty and if the verdict was final, the court can change the punishment.
A request for review must be filed by the Attorney General, prosecutors, or the inmate or family.
Mohammed Al Dhanhani, head of Baniyas prosecution, said he had received a request from the brother of a convict who was sentenced to four years.
“The referrals should be made to the court that issued the final ruling,” Mr Al Dhanhani said.
Legal advocate Hadeya Al Hammadi, who often defends clients charged with drug abuse, said cutting four years to two made a huge difference.
“Four years is like taking a fish out of the sea,” Ms Al Hammadi said. “When he is released he doesn’t know how to adapt back into society and his environment.
“Some can’t even drive properly any more. Their hands shake on the steering wheel.”
The lesser sentence would still be an effective deterrent without long-term trauma, she said.
But Dr Eva Jajonie, a licensed psychotherapist who treats drug and alcohol addicts, said that the lower sentence should be complemented with mandatory therapy.
“The drug addict, and this is my experience here in the clinic, will not be rehabilitated unless they receive therapy,” Dr Jajonie said. “Because when you put these people out in the streets, nothing is going to help them, they will go back.
“So my suggestion is that even though they reduced the sentence, the court needs to demand that while they are outside they have to visit a psychologist.
“Keeping them in jail, they tell you ‘OK, we will just do our sentence and then we go out’.”
hdajani@thenational.ae