by John Escandell Ramirez *
The first session of the Cuban Parliament this year approved a report which calls for establishing a criminal justice system "more coherent, consistent with trends claiming social and political development of the country."
According to the parliamentarians, "punishment should be lower, without implying impunity or tolerance, or fail to condemn severely criminal conduct, by its severity and social damage so require."
I have the view that the problem of the criminal justice system of the island lies not in lack of consistency, but the lack of justice. Not having to punish is nothing better than less severe penalties.
more than 24 centuries ago Aristotle divided justice: commutative
· Justice, which is in force between people
· Justice legal, which the citizen owes the state, and
· Justice distributive, which should the state to citizens.
latter is that, unfortunately, does not make the Cuban government.
is precisely the "consistent" one of the main evils of the administration of criminal justice in Cuba, because he has broken the "contradiction", a basic principle of the trial which is the only reliable method to properly resolve the conflict and contradiction can not exist without an effective defense, which is only possible when you have an independent legal profession that the state recognizes this essential values. Both are conspicuous by their absence on the island
Are judges and prosecutors Cubans who have to stop being "consistent" with the policy of repression and disregard for the law to promote government authorities.
In my humble opinion these are the causes that make judges and prosecutors to leave the profession, but in fact this attitude is not consistent enough, it is necessary that the right technical enacting laws requiring truly democratic and also requiring the repeal of those who violate rights and freedoms recognized widely.
problems of criminal justice in Cuba are not resolved by the music of Silvio Rodriguez, such consideration, as it has passed the National Assembly, evidence of a divorce from reality and a supine ignorance of the living conditions of the prison population .
criminal justice not be solved by improving the working conditions of judges and prosecutors, as Mr. Raul Castro oriented. The criminal justice system needs an independent judiciary, free exercise of the legal and constitutional recognition defending the city.
In fairness, the courts should cease to impose sanctions of imprisonment for the mere fact that a citizen does not profess the ideas of government and it does not work (because the state is the sole employer and does not employ his opponents ), as they have been doing so far under the legal institution of "pre-criminal dangerousness."
In fairness, the prosecution must cease to originate, and the courts impose cease-citizens who call for the exercise of universally recognized rights and freedoms.
To improve the quality of the trial, judges must respect the principle basic "equality of arms" for the parties to the dispute and stop favoring the prosecution, admitting evidence and rejecting their lawyers.
To put in tune with our time the criminal justice system, criminal law specialists should advocate for allegedly criminal behavior was decriminalized only restrict rights and freedoms, including, for example, contempt, Act 88, the propaganda enemy and other figures, stating that officials deemed defamed or insulted complaint to be like ordinary people, but not continue to penalize those who decry and criticize public functions, for censure and criticize Government management is not crime-not even a political one, "except in countries where the citizen has been shot.
To do justice and raising the quality level of the trial, the principle of publicity should be respected, because it is a procedural guarantee, a condition of legitimacy of public actions, and judges can not continue to allow Cuban secret trials because this is a case of corruption, to make unjust resolution as a result of disregard for basic security.
To achieve justice in time, it is necessary to comply with the procedural terms. (In the case of accused opponents of the regime, these terms are a trip to the antipodes. Examples include the cases of lawyer Rene Gomez Manzano, in custody without charges for more than 18 months, fortunately released today, "or that of another colleague, Rolando Jiménez Pozada, arrested in the spring of 2003 and secretly sanctioning without their presence, in December 2006 to twelve years imprisonment.)
The other extreme is the 75 Cubans who are in the spring of 2003 were sentenced to long terms in a few weeks and there were no exceptional circumstances, as well as required by the Act, for submission to the summary procedure (except that, to this date, U.S. government invaded Iraq and the world media focused on this news).
In strict law, I believe that the heads of the arbitrariness in the summary trials of 2003 are Ruben Remigio Ferro, president of the Supreme Court and Attorney General Juan Escalona Reguera (since the former must have agreed to the suggestions of the second to to take action under Article 479 of the Criminal Procedure Act, which is what regulates the above procedure.)
In my opinion, to improve the criminal justice system, judges, prosecutors and law ought to promote the enforcement of penalties, which established that the courts are those who choose the place of performance of the penalty, that way neither the police or other policy organs of the Ministry of Interior could blackmail the sanctioned sending hundreds of miles from his residence, inflicting additional punishment sanctioned themselves and their families .
other hand, I think also that teachers of Criminal Law and Criminal Procedure at this stage should show their discontent, and not continue to explain to their students precepts are violated without any consideration, keeping silence and shy away from criticism.
I agree to bring culture to those who administer justice, and it would be relevant judges and prosecutors read some titles such as the fertile prison, Mario Mencia, published by the Cuban government, in this book will see how the leader of an assault that caused dozens of deaths ate spaghetti with calamari and Italian chocolates, took a sip of coffee and smoked cigars H-Upmann, published in the magazine Bohemia their views, not only received visits from their families, kept clean the granite floor of his cell with soap and detergent creolina Lavasol-so I could give envy every room at the Hotel Nacional, "read the books requested, including Marx, Engels and Lenin, and was heard by the Lieutenant Montesinos when they received the books, requesting, stating that "when studying economic, social or philosophical, it must have the most books and authors varied criteria, analyze, compare, etc. In matters of religion, social and political doctrine, not conceived of the study without the freedom to read. "
ant Commander's cell during his 21 months and 15 days of his imprisonment for the death of tens of people do not speak, because those ants ate everything: bread, cheese, oil-although, curiously, no condensed-milk ingested, while ants today do not know these products, hence no comment.
After reading the aforementioned book I suggest you close your eyes and try to move to Kilo 7, Combined Eastern Agüica, Sea Green, Aguadores, Taco-Taco, sweet potatoes and other prisons more, and try to remember - among many other prisoners of conscience, Dr. Oscar Elias Biscet, independent journalists Hernández González, Ricardo González Alfonso, Adolfo Fernández Sainz, Juan Carlos Herrera Acosta and many others who were imprisoned for more than 48 months, more than double the Moncada, with the difference that did not cause any death or social harm, comparing the conditions in which they turn, their isolation, their food, their visitation, they can read books, cleaning their cells, if they can publish articles in the national press, if it preserves physical and moral integrity - and find that not only are unjustly punished but also unjustly banished hundreds of miles from their usual residence, if they really know the situation, they will feel angry and embarrassed. Beneficial
would also read the inaugural address of Ignacio Agramonte y Loynaz, which, for reasons of space, do not comment.
But very especially recommend the work of a famous Cuban lawyer, Mariano de Aramburo, which has much to do with the issue we address, here transcribe a paragraph from one of his books: "... Where the right sentiment wanes and wanes and dies, there will be no order or progress, because lack of justice, the mother of all civic virtues. The law is the body without a soul, is without substance, letter without the spirit, power, despotic oligarchy, stronghold of the boldness and body of every lust, the courts, servants submissive cravings, daring and venality of the government, citizens, connatural with injustice, bars without anger, gentle and cowardly brake shackle them. To become law, are neither necessary nor the secrets of his science or knowledge of the laws, it is necessary to study the race or engage in the study of codes, the right is a human sentiment which blooms in all beings of our species as there are other feelings that characterize and differentiate us in the concert of all creatures. "
Cuba, its people, in whose name justice is delivered," expected without delay, as the first act of justice, freedom for all prisoners of conscience, without any conditions.
I am convinced that these notes are not enough to make the system fairer criminal justice Cuban but are more suited to the tune "note" the singer-songwriter Silvio Rodriguez.
The first session of the Cuban Parliament this year approved a report which calls for establishing a criminal justice system "more coherent, consistent with trends claiming social and political development of the country."
According to the parliamentarians, "punishment should be lower, without implying impunity or tolerance, or fail to condemn severely criminal conduct, by its severity and social damage so require."
I have the view that the problem of the criminal justice system of the island lies not in lack of consistency, but the lack of justice. Not having to punish is nothing better than less severe penalties.
more than 24 centuries ago Aristotle divided justice: commutative
· Justice, which is in force between people
· Justice legal, which the citizen owes the state, and
· Justice distributive, which should the state to citizens.
latter is that, unfortunately, does not make the Cuban government.
is precisely the "consistent" one of the main evils of the administration of criminal justice in Cuba, because he has broken the "contradiction", a basic principle of the trial which is the only reliable method to properly resolve the conflict and contradiction can not exist without an effective defense, which is only possible when you have an independent legal profession that the state recognizes this essential values. Both are conspicuous by their absence on the island
Are judges and prosecutors Cubans who have to stop being "consistent" with the policy of repression and disregard for the law to promote government authorities.
In my humble opinion these are the causes that make judges and prosecutors to leave the profession, but in fact this attitude is not consistent enough, it is necessary that the right technical enacting laws requiring truly democratic and also requiring the repeal of those who violate rights and freedoms recognized widely.
problems of criminal justice in Cuba are not resolved by the music of Silvio Rodriguez, such consideration, as it has passed the National Assembly, evidence of a divorce from reality and a supine ignorance of the living conditions of the prison population .
criminal justice not be solved by improving the working conditions of judges and prosecutors, as Mr. Raul Castro oriented. The criminal justice system needs an independent judiciary, free exercise of the legal and constitutional recognition defending the city.
In fairness, the courts should cease to impose sanctions of imprisonment for the mere fact that a citizen does not profess the ideas of government and it does not work (because the state is the sole employer and does not employ his opponents ), as they have been doing so far under the legal institution of "pre-criminal dangerousness."
In fairness, the prosecution must cease to originate, and the courts impose cease-citizens who call for the exercise of universally recognized rights and freedoms.
To improve the quality of the trial, judges must respect the principle basic "equality of arms" for the parties to the dispute and stop favoring the prosecution, admitting evidence and rejecting their lawyers.
To put in tune with our time the criminal justice system, criminal law specialists should advocate for allegedly criminal behavior was decriminalized only restrict rights and freedoms, including, for example, contempt, Act 88, the propaganda enemy and other figures, stating that officials deemed defamed or insulted complaint to be like ordinary people, but not continue to penalize those who decry and criticize public functions, for censure and criticize Government management is not crime-not even a political one, "except in countries where the citizen has been shot.
To do justice and raising the quality level of the trial, the principle of publicity should be respected, because it is a procedural guarantee, a condition of legitimacy of public actions, and judges can not continue to allow Cuban secret trials because this is a case of corruption, to make unjust resolution as a result of disregard for basic security.
To achieve justice in time, it is necessary to comply with the procedural terms. (In the case of accused opponents of the regime, these terms are a trip to the antipodes. Examples include the cases of lawyer Rene Gomez Manzano, in custody without charges for more than 18 months, fortunately released today, "or that of another colleague, Rolando Jiménez Pozada, arrested in the spring of 2003 and secretly sanctioning without their presence, in December 2006 to twelve years imprisonment.)
The other extreme is the 75 Cubans who are in the spring of 2003 were sentenced to long terms in a few weeks and there were no exceptional circumstances, as well as required by the Act, for submission to the summary procedure (except that, to this date, U.S. government invaded Iraq and the world media focused on this news).
In strict law, I believe that the heads of the arbitrariness in the summary trials of 2003 are Ruben Remigio Ferro, president of the Supreme Court and Attorney General Juan Escalona Reguera (since the former must have agreed to the suggestions of the second to to take action under Article 479 of the Criminal Procedure Act, which is what regulates the above procedure.)
In my opinion, to improve the criminal justice system, judges, prosecutors and law ought to promote the enforcement of penalties, which established that the courts are those who choose the place of performance of the penalty, that way neither the police or other policy organs of the Ministry of Interior could blackmail the sanctioned sending hundreds of miles from his residence, inflicting additional punishment sanctioned themselves and their families .
other hand, I think also that teachers of Criminal Law and Criminal Procedure at this stage should show their discontent, and not continue to explain to their students precepts are violated without any consideration, keeping silence and shy away from criticism.
I agree to bring culture to those who administer justice, and it would be relevant judges and prosecutors read some titles such as the fertile prison, Mario Mencia, published by the Cuban government, in this book will see how the leader of an assault that caused dozens of deaths ate spaghetti with calamari and Italian chocolates, took a sip of coffee and smoked cigars H-Upmann, published in the magazine Bohemia their views, not only received visits from their families, kept clean the granite floor of his cell with soap and detergent creolina Lavasol-so I could give envy every room at the Hotel Nacional, "read the books requested, including Marx, Engels and Lenin, and was heard by the Lieutenant Montesinos when they received the books, requesting, stating that "when studying economic, social or philosophical, it must have the most books and authors varied criteria, analyze, compare, etc. In matters of religion, social and political doctrine, not conceived of the study without the freedom to read. "
ant Commander's cell during his 21 months and 15 days of his imprisonment for the death of tens of people do not speak, because those ants ate everything: bread, cheese, oil-although, curiously, no condensed-milk ingested, while ants today do not know these products, hence no comment.
After reading the aforementioned book I suggest you close your eyes and try to move to Kilo 7, Combined Eastern Agüica, Sea Green, Aguadores, Taco-Taco, sweet potatoes and other prisons more, and try to remember - among many other prisoners of conscience, Dr. Oscar Elias Biscet, independent journalists Hernández González, Ricardo González Alfonso, Adolfo Fernández Sainz, Juan Carlos Herrera Acosta and many others who were imprisoned for more than 48 months, more than double the Moncada, with the difference that did not cause any death or social harm, comparing the conditions in which they turn, their isolation, their food, their visitation, they can read books, cleaning their cells, if they can publish articles in the national press, if it preserves physical and moral integrity - and find that not only are unjustly punished but also unjustly banished hundreds of miles from their usual residence, if they really know the situation, they will feel angry and embarrassed. Beneficial
would also read the inaugural address of Ignacio Agramonte y Loynaz, which, for reasons of space, do not comment.
But very especially recommend the work of a famous Cuban lawyer, Mariano de Aramburo, which has much to do with the issue we address, here transcribe a paragraph from one of his books: "... Where the right sentiment wanes and wanes and dies, there will be no order or progress, because lack of justice, the mother of all civic virtues. The law is the body without a soul, is without substance, letter without the spirit, power, despotic oligarchy, stronghold of the boldness and body of every lust, the courts, servants submissive cravings, daring and venality of the government, citizens, connatural with injustice, bars without anger, gentle and cowardly brake shackle them. To become law, are neither necessary nor the secrets of his science or knowledge of the laws, it is necessary to study the race or engage in the study of codes, the right is a human sentiment which blooms in all beings of our species as there are other feelings that characterize and differentiate us in the concert of all creatures. "
Cuba, its people, in whose name justice is delivered," expected without delay, as the first act of justice, freedom for all prisoners of conscience, without any conditions.
I am convinced that these notes are not enough to make the system fairer criminal justice Cuban but are more suited to the tune "note" the singer-songwriter Silvio Rodriguez.
* Escandell Juan Ramirez: Habanero. Graduate engineer (1972) and Bachelor of Laws (University of Havana, 1985). Maritime International Law Professor at the Naval Academy (1985-90), Class Counsel Firm of San Antonio de los Baños (1990-98). It is one of the oldest members of the current Agramontista. He defended many political prisoners. In 1998 he had to go into exile. There has chaired the committee of lawyers formed in solidarity with colleagues imprisoned for their political views (René Gómez Manzano and Rolando Jiménez Pozada). He resides in Miami.
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