In a significant development, six United Nations mandates have officially accused the Cuban regime of severe systemic violations of due process. This accusation stems from a detailed report titled AL CUB 2/2024, issued in response to a complaint by Prisoners Defenders (PD) in July 2023. The report outlines numerous infringements on legal procedures in Cuba and highlights the lack of judicial oversight, independent legal representation, and the pervasive influence of the political regime on the judiciary and prosecution.
Key Points of the Report:
- Lack of Judicial Oversight and Independent Legal Representation:
- The report criticizes the Cuban legal system for depriving individuals of liberty without judicial oversight. Investigating police officers, called “Instructors,” and local prosecutors hold indefinite detention powers, with minimal intervention from judicial authorities.
- There is a complete absence of independent lawyers as all attorneys must be affiliated with the Ministry of Justice, compromising their independence.
2. Dependence on State Prosecution and Witnesses:
- Cuban prosecutors and judges are politically dependent, ensuring that trials lack impartiality.
- Expert witnesses and state witnesses are the sole sources of accusation, and the legal framework does not allow for independent testimony.
3. Criminalization of Fundamental Rights and Manipulation of Charges:
- Peaceful demonstrations are often criminalized, and charges like “public disorder” are frequently used without private witnesses or victims, relying solely on government officials’ testimony.
- Military tribunals are employed against civilians, especially for political dissidents, resulting in swift, summary trials without proper legal representation or transparent sentencing.
4. Violation of Freedom of Association:
- Cuban law does not permit the formation or operation of independent associations. The UN mandates explicitly refer to the restrictive nature of the Law of Associations, which mandates dependence on the state for any form of legal existence.
United Nations’ Response:
- The UN mandates have deemed the information from Prisoners Defenders as highly reliable, warranting immediate attention. They indicated potential public statements in the future to raise awareness if the Cuban government remains unresponsive.
- The mandates acknowledged ongoing interactions with the Cuban government but emphasized the lack of substantial response within the 60-day deadline provided.
Background of the Complaint:
- The accusation by the UN is a direct result of two significant complaints by Prisoners Defenders. In March 2023, PD presented a comprehensive case (“1,000 Cuban families vs. the Cuban government”), documenting 520 cases of due process violations, which was personally submitted to the UN in July 2023.
- An additional complaint, stemming from the widespread arrests following the July 11 protests, highlighted the plight of 17 accused individuals, including the German national Luis Frómeta Compte, who was sentenced to 15 years in prison at the age of 58.
Implications:
- The UN mandates have identified seven key due process violations that undermine the integrity of all criminal proceedings against over 1,500 political prisoners documented by PD since 2021. These violations include indefinite detention without judicial oversight, lack of independent legal representation, politicized judiciary, and the systematic use of state witnesses and expert testimonies.
Conclusion:
The UN’s accusatory letter represents a critical step towards international recognition of the systemic legal abuses in Cuba. Prisoners Defenders, led by Javier Larrondo, has expressed profound gratitude for the UN’s intervention and reiterated their commitment to eradicating procedural violations affecting political prisoners and dissidents in Cuba.
Looking Ahead:
- The UN mandates have made it clear that they may make public their concerns if the Cuban government fails to address the identified issues. They stressed the importance of informing the global public about the serious implications of these violations.
- To date, the Cuban government has not responded to the UN’s letter, underscoring the regime’s disregard for international human rights obligations.
Read the Full UN Letter:
Read the full article in English on prisonersdefenders.org, assisted by Google Translate.
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