(From gzdaily) Oct 29th in a village of Dongguan City, 36-year-old Mr Zhou was caught dealing drugs by street patrol. However, when the police came to the spot and found 4 gram of heroin on him, instead of arresting Zhou, the police let him walk because Zhou was an AIDS and tuberculosis patient. “No prison will take him in anyways” the police says.
According to insider Xiao Bin, Zhou has been caught dealing drugs several times before but always managed to walk away. “The area is drug plagued by Zhou and his boss, they have nothing to fear.”
“Almost everyone knows that our village is filled with drug addicts. If you come and look, you can see dozens of people involved in dealing drugs during the day.” Xiao Bin attributed the phenomenon to Zhou and his boss nicknamed “landowner”. “They have been publically dealing drugs for two years, some drug addicts even come all the way from Shenzhen to buy drugs from them.” Xiao Bin worried that if anyone can just walk away after being caught dealing 4 –5 grams of heroin, then what can stop drug abuse from spreading?
Xiao Bin said, heroin costs 560 per gram, druggies normally buy 50 yuan or 100 yuan at a time, can’t afford more. At the morning of Nov 1st, the insider took reporter to a spot to see for himself.
20 minutes into the stake out, a man in black t-shirt showed up and made a phone call while waiting in the alley between two buildings. A few minutes later, Zhou came down. He took the 100 yuan note from the black tee man, raised it against the sunlight to check the money before putting it into his pocket, then took out a small piece of thing wrapped in red plastic bag from the other pocket. Zhou was not nervous at all during the whole dealing process, regardless of passers-by.
Reporter then came to the local police department in the afternoon and received by the deputy chief Mr Huang. After examining the injector, tranquilizer and the small red plastic bag brought by the reporter, Huang said: “obviously this is heroin.”
Mr Huang admitted that letting drug dealers walk is not unacknowledged. Zhou has been arrested 5 or 6 times already during the year but always got out. “Last month we sent him to the hospital for blood test and examination. The police department is stuck when it comes to this kind of drug dealers.” he explained, “That Zhou character is suspected to have AIDS and tuberculosis, with his abscessed hands and legs, no prison will take this kind of people in even if we arrest them. The police has no choice but let them go. You have to be healthy enough to go to jail, otherwise we will have to pay for their treatment.”
In fact, this is not the only case when the police face a dilemma dealing with AIDS drug dealers. July 4th 2009, a drug dealer couple claimed to have AIDS and were sent to the hospital by the police; the woman cut her wrist with glass and used the blood to threaten the police not to come close. The two then walked away hand in hand with 300 yuan from the hospital.
Also in July this year, a security guard Hong Fei was robbed 1800 yuan on the street. Police caught one robber on spot. A few days later the police informed Hong Fei that another robber was also arrested but released later that day. Police explained that they were not allowed to detain the other robber because he was an AIDS patient.
According to the Prison Law, prisoners with severe diseases and in need of outside treatment can be delayed for custody. While to the hospital’s account, the Law on Prevention and Cure of Contagious Diseases specified that criminal suspects with contagious disease should not be detained in the hospital. Thus, AIDS patients get the immunity to prison just because of legal loopholes.
Shenzhen once proposed to build a prison for AIDS criminals a few years ago, but the idea was never carried out. Deputy chief Mr Huang says he hasn’t never seen any AIDS criminals put into jail during his police career of over 10 years. He says: “This special prison for AIDS criminals has got to be built, otherwise we have no where to place the arrested criminals with AIDS, we can’t do anything but let them go.”