Through a new interministerial and judicial agreement published this Friday in the Official State Journal (BOE), the Government seeks to respond to a series of Unresolved “problems” after more than 13 years of application of the protocol which regulates the arrest, analysis, custody and destruction of drugs in criminal proceedings. Among the signatories of the agreement, signed on December 3, was the former state attorney general, Álvaro García Ortiz, who was removed from office six days later.
On October 3, 2012, the General Council of the Judiciary (CGPJ), the State Public Prosecutor’s Office, the Ministry of Justice (currently Ministry of Presidency, Justice and Relations with the Courts), the Treasury and Public Administration (currently Territorial Policy and Democratic Memory), the Interior and the Spanish Agency for Medicines and Health Products (Aemps) signed a framework collaboration agreement by which the protocol to be followed for the seizure, analysis, custody and destruction of toxic medications, narcotics or psychotropic substances. Three years later, the National Tax Administration Agency (AEAT) and the Government Delegation for the National Anti-Drug Plan join forces.
It was an agreement and a guide for action thatand sought to find a solution to the “problem” which generated the “seizure of significant quantities of medicines concerning its custody and storage, as well as in the different phases of the investigation until its “final destruction”.
Then, we have already referred to the fact that, “in many cases, the accumulation exceeds the capacity of the planned repositories and the overflow forces a significant part of the caches to be kept in inappropriate places”, which prevents their storage. “optimal conservation”. Furthermore, it was warned that due to “the volume and complexity of cases, the processing of cases criminal procedure” extended filing deadline “beyond what is desirable”. All this also entails “high costs for the Administration”.
It is for this reason that this first protocol was established to “solve the problem” related to documentation, sampling, chain of custody and preservation. The objective was to accelerate as much as possibleor the process facing an acceleration destruction of caches. And for this, one of the keys was the coordination between the different authorities and organizations involved, from the state security forces and organs to the judge. Thus, two action guides have been developed, the second, dating from 2018, and its specific amendment for the management of caches of cannabis plants, which are increasingly common, is currently in force.
Problems persist
However, today the government specifies that, “more than ten years have passed” since the signing of this agreement, “the problems analyzed however continue to persist, even if they appear new difficulties it also requires uniform and coordinated responses. “That’s why you see ““It is essential to establish a new framework for collaboration” which “ensures that the parties can continue to work on issues arising from the seizure, storage, analysis and destruction of these substances.” Because, let us remember, these crises “cause a multitude of problems” and, among other things, generate “logistical difficulties for not having sufficient deposits”.
Thus, on December 3, the president of the CGPJ, Isabel Perelló; Álvaro García Ortiz, then state attorney general; the Secretary of State for Justice, Manuel Olmedo Palacio; the Secretary of State for Security, Aina Calvo; the Secretary of State for Territorial Policy, Arcadi Spain; the president of the AEAT, Jesús Gascón; The director of Aemps, María Jesús Lamas, and the government delegate for the National Drug Control Plan, Ramón Villalbí, met to sign this new agreement for establish cooperation mechanisms and coordination that resolve this problem that has not yet been resolved and the new challenges.
They must therefore prepare a new practical guide to replace the current one, To this end, a monitoring committee will be created which will meet at least once per semester. This, in addition to the protocol development of action and guides, will have among its functions the formulation of recommendations to any organization linked to this problem, “including proposals for legislative reform”.
In addition, it will analyze the mechanisms that accelerate the analysis and destruction of drugs (being able to formulate legislative proposals), will promote the establishment of more effective communication channels between administrations and will attempt to “make work easier” persons involved in the prosecution of crimes against public health so that the investigation “is carried out in the most efficient manner.” The new agreement, which does not involve increase in public spending, It will be valid for four years, but can be extended for up to four additional years.
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