Speech by Pilar Varona Estrada, Vice Minister of Justice, at the First Global Meeting of the International Drug Legislation Network.
Distinguished Chairman,
Delegates,
The increase in the manifestations of drugs around the world in recent years, especially derived from the generation of new synthetic drug addictive formulations, the improvement of the means of masking and illicit trafficking, and the articulation of transnational organized crime networks linked to criminal activities related to illicit drugs; constitutes a challenge for our States in the promotion of security and crime prevention.
Along these lines, the Cuban State and Government maintain a policy of “zero tolerance” in the face of the manifestations of the world drug problem. This approach has made it possible to address the issue in a comprehensive manner, through a balance between prevention and confrontation actions.
Distinguished President,
The legislative articulation of actions for the prevention and control of criminal behavior related to illicit drugs legitimizes the inter-institutional performance in addressing the drug problem.
Since the entry into force of the new Constitution of the Republic in 2019, the country has been immersed in a process of regulatory updating. To date, 50 laws and 123 decree-laws and their complementary norms have been approved.
Article 8 of the Constitution of the Republic stated that the provisions of the international treaties to which the country is a signatory should be integrated into the national legal system, hence the coherence of the national legal framework with the multilateral instruments on drugs to which Cuba is a party.
Law 143/2021 “Criminal Procedure Law”, recognized a series of precautionary measures to be implemented during the development of the process, especially for those criminal conducts related to illicit drugs; implemented the use of special investigation techniques in compliance with the provisions of the UN Convention against Transnational Organized Crime, coordinated systems of post-criminal security measures for the medical treatment of convicted persons with drug addiction problems; as well as deployed a consolidated mechanism of legal and operational cooperation in criminal matters.
Law 151/2022 “Penal Code” typifies as a general aggravating circumstance of the sanction, the commission of the criminal act under the effects of the consumption of illicit drugs or substances with similar effects, as well as the configuration of a specific Title dedicated to drug-related crimes.
Similarly, Decree Law 149/94 “On confiscation of goods and income obtained through unjust enrichment” and Decree Law No. 232 of 2003, “On confiscation for acts related to drugs, acts of corruption or other illicit behaviors”, contribute to the criminal and administrative legal confrontation of acts associated with drugs.
Likewise, the Ministry of Public Health articulates a system of resolutions aimed at regulating the control, commercialization and consumption of medicines and controlled substances due to their drug-like effects.
We ratify the importance of the legislative regulation of the policies of confrontation and prevention of the drug problem, as well as the actions aimed at international cooperation in the treatment of this scourge.
Hence the importance of strengthening the exchange of experiences and best practices in legislative techniques for the adoption of common strategies. Collaboration and assistance to all States on issues related to this matter should be encouraged. In this context, we once again denounce the restrictions that our country suffers in this area as a result of the illegal policy of economic, commercial and financial blockade and the inclusion of Cuba in the spurious list of State sponsors of terrorism.
Cuba reaffirms its willingness to continue collaborating in joint efforts to confront the drug problem from its position of “zero tolerance” to this scourge and its related crimes, especially through the adoption of legislative responses.
Thank you very much.