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Viewing cable 09KUALALUMPUR962, MALAYSIA: 2009-2010 INTERNATIONAL NARCOTICS
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09KUALALUMPUR962 | 2009-12-01 08:29 | 2011-08-30 01:44 | UNCLASSIFIED | Embassy Kuala Lumpur |
VZCZCXYZ0001
OO RUEHWEB
DE RUEHKL #0962/01 3350829
ZNR UUUUU ZZH
O 010829Z DEC 09
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3524
INFO RUEHBK/AMEMBASSY BANGKOK 3555
UNCLAS KUALA LUMPUR 000962
SIPDIS
DEPT FOR INL, EAP/MTS
BANGKOK FOR TCAS
E.O. 12958: N/A
TAGS: SNAR PREL PGOV MY
SUBJECT: MALAYSIA: 2009-2010 INTERNATIONAL NARCOTICS
CONTROL STRATEGY REPORT (INCSR), PART 1
REF: STATE 097309
¶1. Per reftel instructions, Post submits the following text
for the 2009-2010 INCSR, Part 1.
BEGIN TEXT:
Malaysia
¶I. Summary
Malaysia is not a significant source country or transit point
for U.S.-bound illegal drugs; however, domestic drug abuse in
Malaysia remains on the rise, and Malaysia is increasingly
being used as a regional hub for methamphetamine production.
The government continues promoting its "drug-free by 2015"
policy. Malaysia's counter-narcotics officials and police
officers have the full support of senior government
officials, but systemic problems with the legal system hinder
the overall effectiveness of enforcement and interdiction
efforts. Malaysia has a low conviction rate for arrested
drug traffickers, and the country relies heavily on
preventive detention under the Dangerous Drugs Act (Special
Preventive Measures 1985) rather than active prosecution.
The extensive use of preventive detention in narcotics cases
in lieu of prosecution is due in large part to an extremely
high burden of proof required for narcotics trafficking cases
which would result in a death sentence in the case of a
guilty verdict. As there are no alternative sentences,
authorities rely on preventive detention without trial.
II. Status of Country
Malaysia is not a significant source country or transit point
for U.S.-bound illegal drugs. Nevertheless, regional and
domestic drug-trafficking remains a problem and international
drug syndicates are increasingly turning to Malaysia as a
regional production hub for crystal methamphetamine and
Ecstasy (MDMA). Narcotics imported to Malaysia include
heroin and marijuana from the Golden Triangle area (Thailand,
Burma, Laos), and other drugs such as amphetamine type
stimulants (ATS). Small quantities of cocaine are smuggled
into and through Malaysia from South America. Local demand
and consumption of drugs is very limited in Malaysia;
however, crystal methamphetamine, ecstasy, and Ketamine,
mostly from India, are smuggled through Malaysia en route to
consumers in Thailand, Japan, Indonesia, Singapore, China,
and Australia. Ketamine from India continues to be an
increasingly popular drug in Malaysia. Since 2006, Malaysia
has also been a location where significant quantities of
crystal methamphetamine are produced. This trend continued
in 2009, with methamphetamine laboratories seized in Kuala
Lumpur and in Southern Malaysia, and frequent police reports
of ethnic Chinese traffickers setting up labs in Malaysia.
Nigerian and Iranian drug trafficking organizations are
increasingly using Kuala Lumpur as a hub for their illegal
activities.
As of September 2009, the government had identified 1,560 new
addicts and an additional 1,192 relapsed addicts. Since 1988
the Malaysian Government cumulatively has identified more
than 300,000 drug addicts, and the government-linked Malaysia
Crime Prevention Foundation and other NGO's estimate that
there are currently some 900,000 to 1.2 million drug addicts
in Malaysia. Statistics continue to show that the majority
of the nation's drug addicts are between 19 and 39 years of
age and have not completed high school.
III. Country Actions Against Drugs in 2009
Policy Initiatives: Malaysia continues a long-term effort
launched in 2003 to reduce domestic drug use to negligible
levels by 2015. Senior officials, including the Prime
Minister, speak out strongly and frequently against drug
abuse. The Prime Minister chairs the Cabinet Committee on
Eradication of Drugs, composed of 20 government ministers.
The National Anti-Drugs Agency (NADA) is the policy arm of
Malaysia's counter-narcotics strategy, coordinating demand
reduction efforts with various cabinet ministries. Malaysian
law stipulates a mandatory death penalty for major drug
traffickers, with harsh mandatory sentences also applied for
possession and use of smaller quantities. In practice
however, many minor offenders are placed into treatment
programs instead of prison. Convictions for trafficking are
rare, as they would require the defendant to receive a death
sentence. Consequently, most major traffickers are placed in
preventive detention. Subjects convicted of drug trafficking
frequently have their sentences commuted.
Accomplishments: Malaysia authorities seized several
operational methamphetamine laboratories in 2009, and had
numerous other successful investigations, confiscating large
quantities of methamphetamine, ketamine, and ecstasy (MDMA).
Police corruption was not a serious problem during the
reporting period. However, in 2009 there was at least one
case of corruption among Customs officers who were
facilitating smuggling of drugs into Malaysia.
Law Enforcement Efforts: Police and Customs Officers
arrested 56,205 people for drug-related offenses between
January and September 2009, an increase of 10.5 percent from
the same period the previous year. Enforcement officials
continued to show successes in ATS-related seizures and have
also recorded a higher level of heroin, MDMA and
methamphetamine seizures over the same period last year. The
RMP aggressively seize narcotics assets. The Police reported
they seized RM 40.6 million (approximately $11.6 million) in
drug-related property in the first half of 2009, versus RM
38.3 million (approximately $10.9 million) in all of 2008.
Between May and July 2009 RMP confiscated RM 22 million
(approximately $6.2 million) in assets from one drug
trafficking organization.
Malaysian police are generally effective in arresting
small-time drug offenders but have shown limited success in
arresting upper level syndicate members. The Royal Malaysian
Police have acknowledged these short comings and have begun
implementing training plans to improve their investigations
and procedures. Prosecutorial successes are generally of
even quality with police investigations. Accordingly,
Malaysian prosecutors have shown only limited success in
prosecuting and convicting drug traffickers. Prosecutors are
limited in their ability to charge and prosecute regular drug
trafficking cases as Malaysia does not have an effective drug
conspiracy law, thus limiting charging decisions against
major traffickers. In addition, there are limited sentencing
alternatives if a subject is charged and convicted of drug
trafficking. Consequently, Malaysia police almost always use
the Special Preventive Measures Act (SPMA) to arrest and
detain drug traffickers. The SPMA allows for the detention
without trial of suspects who pose a threat to public order
or national security. The systemic use of the SPMA to arrest
drug traffickers stems from the extremely high burden of
proof required for a drug trafficking conviction, which would
then require a mandatory death sentence. Police and
prosecutors are limited in their ability to prosecute such
cases and preventive detention is therefore common. There is
very limited judicial oversight for subjects arrested under
preventive detention.
Corruption: As a matter of government policy, Malaysia does
not encourage or facilitate illicit production or
distribution of narcotic or psychotropic drugs or other
controlled substances, or the laundering of proceeds from
illegal drug transactions. While Malaysian and foreign media
organizations continued to highlight cases of government
corruption both specifically and in general, no senior
officials were arrested for drug-related corruption in
2008-2009.
Agreements and Treaties: Malaysia is a party to the 1988 UN
Drug Convention, the 1961 UN Single Convention as amended by
its 1972 Protocol, and to the 1971 UN Convention Against
Psychotropic Substances. Malaysia signed an MLAT with the
U.S. in July 2006. The U.S. - Malaysian MLAT went into
effect in January 2009. Malaysia also has a multilateral
MLAT with seven Southeast Asian nations, and an MLAT with
Australia. Malaysia is a party to the ASEAN MLAT. The
U.S.-Malaysia Extradition Treaty has been in effect since
1997, and in 2007 the first successful extradition was
completed for Wong Wok Wing who was extradited to stand trial
in the Eastern District of New York for heroin trafficking.
Cultivation/Production: While there is no notable
cultivation of U.S.-listed drugs in Malaysia, local officials
report significant cultivation/presence of a local plant
known as ketum (Mitragyna speciosa) with known psychoactive
properties and used for its narcotic effects throughout the
region. ATS production has shown a marked increase since
2006 and Malaysian authorities admit that international drug
syndicates are using Malaysia as a base of operations. Most
methamphetamine and MDMA labs seized in Malaysia since 2006
were financed by ethnic Chinese traffickers from Singapore,
Taiwan, Thailand, or other countries. In 2008, a lab was
seized in Malaysia in which the chemists were from Mexico. In
October 2009, a clandestine methamphetamine lab operated by
Iranians was seized in Kuala Lumpur, and separately police
seized two MDMA labs controlled by Indonesian traffickers.
Drug Flow/Transit: Drugs transiting Malaysia do not appear
to make a significant impact on the U.S. market. However,
Malaysia's proximity to the heroin production areas and
methamphetamine labs of the Golden Triangle (Thailand, Burma,
Laos) leads to smuggling across Malaysian borders, destined
for Australia and other markets. Ecstasy from Amsterdam is
flown into Kuala Lumpur International Airport (KLIA) for
domestic use and distribution to Thailand, Singapore, and
Australia. Ketamine comes from Tamil Nadu, India and is
exported to several countries in the region. There is
evidence of increased transit of cocaine from South America.
In 2008, several Peruvian couriers and one Bolivian courier
were arrested with cocaine upon arrival in Malaysia. In
nearly every case the cocaine was destined for Thailand.
Nigerian trafficking organizations continue to mail small
quantities of cocaine from South American to Kuala Lumpur.
Large scale production of ATS in Malaysia remains a
significant problem. There were three large labs seized in
2007, one large lab seized in 2008, and several small labs
seized in 2009. There are other cases in which traffickers
sought chemicals to set up methamphetamine labs in Malaysia.
In May 2009, Malaysian police seized 960 kilograms of crystal
methamphetamine smuggled into the East coast of Malaysia en
route to the southern part of the country.
Domestic Programs (Demand Reduction): The NADA targets its
demand reduction efforts toward youth, parents, students,
teachers, and workers, with extensive efforts to engage
schools, student leaders, parent-teacher associations,
community leaders, religious institutions, and workplaces.
Statistics from the NADA indicate that as of September 2009
6,510 people, were undergoing treatment at Malaysia's 23
public rehabilitation facilities. Of these, 126 were women.
Another 34,652 persons, including more than 1,000 women, were
undergoing "in community" treatment and rehabilitation and
are used as role models for relapse cases.
IV. U.S. Policy Initiatives and Programs
Bilateral Cooperation: Overall cooperation with DEA on drug
investigations is quite good. DEA sponsored a chemical
diversion and clandestine lab seminar in July 2009 and an
airport interdiction seminar in December 2009. U.S.
counter-narcotics training continued in 2009 via the
International Law Enforcement Academy (ILEA) in Bangkok and
the "Baker-Mint" program sponsored by the DEA and U.S.
Department of Defense. Baker-Mint aims to raise the
operational skill level of local counter-narcotics law
enforcement officers. In 2009, U.S. officials from the
Department of Justice, DEA, and FBI presented a training
workshop for Malaysian counter-narcotics investigators on
intelligence analysis and other drug investigative
techniques. In addition, in 2008 senior Malaysian
counter-narcotics officials traveled to the United States and
visited DEA Headquarters and DEA's New York Field Division in
an effort to expand their international cooperative efforts.
Road Ahead. United States goals and objectives for the year
2010 are to improve coordination and communication between
Malaysian and U.S. law enforcement authorities in
counter-narcotics efforts. United States law enforcement
agencies will utilize better coordination with Malaysian
authorities to interdict drugs transiting Malaysia, and to
follow regional and global leads. U.S.-funded
counter-narcotics training for Malaysian law enforcement
officers will continue and U.S. agencies will continue
working with Malaysian authorities to improve Malaysia's
investigative and prosecutorial processes. U.S. agencies are
also seeking additional operational engagement of Malaysian
counter-narcotics officials who have expressed an interest in
greater regional cooperation.
END TEXT.
¶2. POC for this report is Political Officer Greg Chapman,
chapmangd@state.gov.
KEITH