Intervention of David Wong Aguilera, specialist of the Ministry of Justice during the Thematic Session 6 of the 34th CCPCJ: Integration and coordination of the efforts of the United Nations Office on Drugs and Crime and Member States in the field of crime prevention and criminal justice:
Ratification and Implementation of the United Nations Convention against Transnational Organized Crime and its Protocols;
Mr. Chairman,
Delegates,
The Republic of Cuba as a signatory of the Palermo Convention has articulated a series of mechanisms both internally and jointly with other States for the prevention and confrontation of transnational organized crime and the crimes associated with it.
With the entry into force of the Constitution of the Republic of Cuba in 2019 and its recognition of international treaties as directly applicable norms, Cuban criminal legislation has been adjusted to combat this scourge. For example, the relationship of the crime committed with some form of transnational organized crime was incorporated as an aggravating circumstance.
The new Cuban Penal Code includes separate penalties for crimes that have a negative impact on the environment; and the illegal possession and carrying of weapons. It also establishes specific penalties for crimes associated with transnational organized crime such as money laundering; trafficking in illicit drugs and psychoactive substances; acts detrimental to biodiversity; and trafficking in persons. Likewise, the use of firearms and the commission of the act against property related to cyberspace, in any crime, is recognized as a general aggravating circumstance.
Cuba maintains permanent coordination with the Central Authorities of other States to address requests for international legal cooperation, the fight against transnational crime and, in particular, the adoption of preventive mechanisms, under the principles of cooperation and mutual respect. To this end, the Ministry of Justice acts as the Central Authority under the Criminal Procedure Law,
In addition, the Ministry of Justice acts as the Central Authority in charge of the National Drug Commission and the coordination and execution of the National Action Plan for the Prevention and Confrontation of Trafficking in Persons and the Protection of Victims for the period 2023-2026. In this regard, Cuba adopts a policy of zero tolerance to these scourges and addresses them from preventive perspectives, confrontation, and accompaniment and assistance to victims. A national strategy has been implemented for their comprehensive care, with due representation during the criminal process and alternatives of accessibility and free legal representation, if required.
The United Nations Convention against Transnational Organized Crime and its Protocols constitute the essential mechanism for cooperation among States in this area, mainly for the fulfillment of evidentiary practices in the framework of cross-border crime investigations. The Republic of Cuba complements this with bilateral treaties on criminal legal assistance and the weighting of the principle of reciprocity in the field of international legal assistance.
We remain firmly committed to continue promoting cooperation among States in the fight against and prevention of transnational organized crime, to encourage legal coordination, and we will continue to condemn the imposition of unilateral coercive measures, which also hinder the progress of international cooperation to address transnational organized crime as an increasingly pressing problem of today's international reality.
Thank you very much.