Terrorism Profile - Cuba

23/03/2005

The Cuban Law Against Acts of Terrorism defines actions that constitute terrorism and the corresponding punishments for such actions. The Act defines the jurisdiction of the Cuban government in combating terrorism and emphasizes international cooperation in these matters.

I. Structure

The Introduction to the Act outlines the purpose of the legislation in preventing terrorist acts and actions preparatory to terrorism on Cuban territory, stressing international cooperation in preventing terrorism and referring to the UN General Assembly as the primary body for coordinating international anti-terror efforts. Title I encompasses the “General Provisions” of the Act stating the purposes of the law (A1), the government’s powers of punishment (A2, 3, 4, 6 and 7) and detainment (A8 and 9) and Cuban jurisdiction for prosecuting terrorist actions (A5). Title II catalogues acts of terrorism, including actions against the safety of civil aviation or airports (Chapter V) and maritime navigation (Chapter IV). Title II considers acts making use of explosives and chemicals (Chapter I) and the financing of terrorism (Chapter IX).

II. Purpose, Punishment and Jurisdiction

The purpose of the Act is “to prevent and punish the acts described in the article below which, because of the manner in which they are executed and the means and methods used, are evidently intended to provoke states of alarm, fear or terror among the population.” (A1.1) The government’s jurisdiction in the prevention of such acts is interpreted widely, constituting not only acts conceived and carried out in Cuban territory, but also “preparatory acts or acts related to execution, even if their effects are produced in another country.” (A1.2)

Punishments for terrorist actions are determined by the General Section of the Penal Code, are also “punishable independently.” (A2, A3) The Title II Chapters define acts of terrorism and stipulate according punishments.

Article 4 states that terms defined in the Act “encompass definitions established by relevant international treaties and conventions to which the Cuban State is a party shall apply.”

Privacy concerns arise in Article 5 which covers liability for terrorist actions. Among those liable are direct participants, 3rd parties and “any person who incites or induces another or other persons by spoken word, in writing or in any other form, publicly or privately, to carry out some of the offences envisaged in this Law.” (A5(c)) As both public and private communications fall within Article 5, potential personal privacy infringements can be easily justified.

With regard to trial and pre-trial procedures, the government may seize and freeze “funds and other financial assets…economic assets or resources of the defendants, irrespective of the degree to which they have participated in the punishable act.” (A8) In addition, “the court may, as an accessory penalty, order the confiscation of the defendant’s assets, as provided for in article 44 of the Penal Code.” (A9)

III. On Acts of Terrorism

Title II of the Act catalogues and qualifies various actions classified as terrorism. The statute mentions acts committed with chemical, explosive or deadly devices (Ch. I), actions against internationally protected persons (Ch. III) and acts against the safety of civil aviation or airports (Ch. V). The punishment for each action is outlined in each Chapter, and in some cases is severe—several acts are punishable by death.

Chapter VIII examines acts performed in connection with the use of information technology and emphasizes the government’s ability to thwart terrorist acts outside its territory. Article 24(a) governs the use of computer equipment and programs in carrying out terrorist actions which extends to the endangerment of “national security or any other type of services of national or international entities or entities of another country.” The scope of Article 24 applies to anyone who “creates, distributes, trades or has in his or her power programmes capable of producing the effects referred to in subparagraph (a).” (A24(c))

Chapter X examines “other acts of terrorism,” and offers further guidance on accomplice liability holding responsible those with “knowledge that a person has participated in the commission of an offence or that the person is accused of such an offence, and without being an accomplice himself or herself, conceals or enables the person to be concealed, to flee or to alter or eliminate evidence.” (A27)

Title II contains a “Special Provision” reiterating that the government

is hereby instructed to enter into agreements and understandings with those States that are willing to promote international cooperation on matters relating to the exchange of information, judicial and police assistance, investigation, gathering of evidence and possible extradition of alleged offenders, for the purpose of preventing, suppressing and eradicating terrorism

The “Final Provisions” enumerate Articles of the Penal Code repealed by this Act and repeals additional existing legislation that may contradict the Law Against Acts of Terrorism.

The text in full is archived here.

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