The Provincial People's Court of Holguín announced on its Facebook page the conduct of a deterrent trial for drug trafficking, as part of the so-called "Operation Against Drugs" taking place in Cuba from September 15 to 21. The official statement, which lacked details on the sentencing, claimed that the process adhered to “all legal and procedural guarantees” with the intent of sending a preventative message to society, explicitly mentioning its impact on individuals with “criminal potential.”
Understanding Deterrent Trials
In theory, a deterrent trial is a judicial process designed to send a warning to the public, indicating that certain behaviors will be punished. In established democracies, such trials may be legitimate, provided they uphold the rule of law principles, such as the presumption of innocence, due process, the right to defense, and strict legality.
Concerns arise when these trials are deployed as tools of propaganda or repression, penalizing not only proven acts but also individuals for potential actions—a concept known as criminal profiling.
The Cuban Context: Justice as a Warning
The official statement that the trial in Holguín serves a “preventive and prophylactic function for those with criminal potential” conflicts with modern criminal law and democratic principles. This underscores that, in Cuba, deterrent trials function more as mechanisms of social control than as transparent judicial processes.
In a nation grappling with severe internal drug trafficking issues—acknowledged by authorities only after years of leniency—the regime's strategy appears to display toughness. However, in practice, it criminalizes vulnerable communities and reinforces ideological justice.
Conclusion
Deterrent trials are only legitimate in democracies if they strictly comply with the law and respect fundamental rights. When they turn into public scoldings and reference “criminal potential,” they cease to be justice and become tools of political and social intimidation, as seen in the Cuban context.
Key Questions on Cuba's Judicial Practices
What is the purpose of a deterrent trial?
A deterrent trial aims to warn society that certain actions will be punished, serving as a preventive measure to discourage potential criminal behavior.
Why are deterrent trials controversial in Cuba?
In Cuba, deterrent trials are controversial because they often serve as tools for social control rather than transparent judicial processes, potentially punishing individuals for presumed future actions rather than proven crimes.
How do deterrent trials differ from typical judicial processes?
Unlike standard judicial processes, deterrent trials often focus on the potential for criminal behavior rather than established guilt, which can undermine principles of justice and due process.