Background information: The principle of non-discrimination is a general principle in the protection of human rights and fundamental freedoms. This principle is enshrined in every human rights treaty (for example, Article 2 of the International Covenant on Civil and Political Rights, and Article 2 of the International Covenant on Economic, Social and Cultural Rights). For this reason, the analysis of key human rights violations through the prism of non-discrimination provides activists with a broad range of opportunities for advocacy and cooperation with all human rights treaty bodies.
Mr. D.P. suffers mental and behavioural disorders due to dependence on multiple drugs (opioids and synthetic drugs), combined with an unspecified personality disorder. In 2018, he was sentenced for possession of 0.28 grams of a herbal mixture with trace amounts of synthetic cannabinoids; in 2020, he was sentenced for possession of 2.98 grams of a mixture with trace amounts of heroin. The court imposed a combined total punishment of 45 months imprisonment for both crimes. In both cases, the amount of narcotic drug in the seized mixture was not established. The court rejected a motion by the defence to have additional or independent forensic examination of the seized substances to establish the purity. The defence argued that when the purity is not established, the accused shall enjoy the benefit of doubt and the court shall assume that the purity was not higher than the sensitivity of laboratory equipment – 0.0001%. With such a purity, the defence argued, the amount of narcotic in Mr. D.P.’s possession was similar to trace amounts of narcotics on banknotes or other items that occasionally come into contact with narcotics and become contaminated
Thus, according to the defence, the offence of Mr. D.P. was at best insignificant, and his overall behaviour was not so blameworthy as to trigger such a heavy punishment as 45 months of imprisonment. The trial court and the court of appeal ignored all arguments of the defence and calculated the punishment as if Mr.D.P. possessed pure narcotic substances. As of May 2022, Mr. D.P. is still in prison9.
