Laws, Tribunals and Justice
By: Foundation for Human Rights
Cuban laws are designed to impede the exercise of the rights and liberties
contained in the Universal Declaration of Human Rights Examples of this are
Article 53 that confers citizens freedom of speech and of the press,
"According to the goals of the Socialist Society", further adding that said
rights are only possible through state ownership and control of all media;
Article 54 states that freedom of assembly, manifestation and association
are exercised through government organizations created, directed and
financed by the Communist Party.
Similarly, the laws contained in the Penal Code and in the Code of Penal
Proceedings are repressive instruments of the government which call for
imprisonment of whosoever attempts to exercise the rights and liberties
guaranteed in the Universal Declaration.
In its investigative report titled: "Cuba Repressive Machinery" Human Rights
Watch states that, "The Cuban Penal Code is the foundation for the
repressive Cuban machinery that makes it a crime, without any misgiving, to
engage in nonviolent dissent. With the Penal Code in hand, Cuban
functionaries have ample power to repress peaceful opposition. "Penal
legislation is designed to squelch internal dissent and keep the government
in power through strict limitations of freedom of expression, association,
assembly, press and movement."
Moreover, judicial power in Cuba is not independent. Just like all other
Cuban institutions, judicial power falls under the tutelage of the Communist
Party by virtue of Article 5 of the Constitution.
Likewise, tribunals and the appointment of judges are the domain of the
National Assembly which in turn is subordinated to the Communist Party.
Therefore, it is clear that in Cuba justice is dispensed by the Party, which
is the same as saying by Fidel Castro.
The law does not compel judges to belong to the Communist Party but does
demand political integration to government organizations as an inescapable
expression of political loyalty, thereby depriving judicial power of the
capacity to question the legality of the laws and judicial proceedings that
the government imposes to ensure that critics and opponents are jailed.
An example that speaks for itself is the inconceivable "Law of
Dangerousness" (Article 72 of the Penal Code) that states: "Dangerousness is
considered to be the special proclivity of a person to commit a crime,
demonstrated by conduct in manifest contradiction to the norms of socialist
moral"
International human rights organisms, including the Special Rapporteurs of
the United Nations, have demanded that the Cuban government repeal draconian
laws and modify its penal code.
Common practices in Cuba such as closed-door trials, trials without legal
representation, creation of "Special Tribunals," military trials of
civilians, retention in prison after completion of sentence, among others,
violate internationally accepted judicial standards.
Since 1973 and in marked contrast with countries government repeal draconian
laws and modify its penal code.
Common practices in Cuba such as closed-door trials, trials without legal
representation, creation of "Special Tribunals", military trials of
civilians, rentention in prison after completion of sentence, among others,
violate internationally accepted judicial standards.
Since 1973 and in marked contrast with countries governed by a rule of law,
all attorneys must work for the state in "Collective Law Offices." Worst
yet, since 1984 attorneys are required to meet, "Moral standards in
accordance with the principles of our society..." In other words, they must
be loyal to the government and the Communist Party.
Defense attorney can do relatively little in political trials. Most prefer
not to participate for fear of future reprisals against them.
Finally, arrest in Cuba take on an arbitrary nature. For example, people are
rarely presented with an arrest warrant, the period of detention is
indefinite, detainees cannot be immediately assisted by attorneys, nor they
informed of the charges against them. Typical conditions of arrest can
include the use of sealed prison cells, a light bulb permanently on that
detainees lose track of time, poor nutrition and constant threat of violence
constitute treatment considered cruel, inhumane, and degrading treatment. |
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