MADRID, Spain.- The Cuban Observatory of Human Rights (OCDH) in its most recent reportelaborated from a sampling of social networks, condemned the lack of impartiality of Cuban judges and their dependence on the Communist Party of Cuba (PCC).
The text points out that the judicial system of a country is essential for the protection of human rights and freedoms and that the courts play a key role in ensuring that victims or potential victims of human rights violations are protected, have a remedy cash and obtain reparation. However, in Cuba “there is a partialization of the Cuban judges and their instrumental role in the regime has been unquestionably demonstrated after the judicial processes that tried to legitimize the bloody state repression deployed after the July 2021 protests.”
After the anti-government demonstrations of 11J, hundreds of protesters were tried “in processes marked by the lack of guarantees and clear signs of the lack of independence and impartiality of Cuban judges,” the document indicates.
“The absence of a system of separation of powers and of a rule of law” is “the main obstacle to sustaining the idea of the existence of judicial independence in Cuba,” the study revealed.
The OCDH also condemned that the Cuban legal system supports the existence of a system of “unity of power”, based on the supposed subordination of all branches of the State to the National Assembly of People’s Power, and all of this to the Communist Party; being the decisions of the PCC “the main source of influence in the court system”.
“We are facing a piece of evidence of the subordination of the judiciary to the Communist Party of Cuba, through participation in its social networks. The judges manifest themselves as ‘politicians’, ‘communists’ and ‘fidelistas’. They are PCC activists. This violates the right of a person to be heard by an independent judge, which is one of the essential principles of due process,” the OCDH points out in this regard.
For its research, the Observatory analyzed the social networks of Cuban judges with some activism on digital platforms; which made it possible to verify that “the Cuban judicial system, far from promoting the abstention of judges from participating in political activities and expressing themselves politically in public, encourages the opposite.”
“The monitoring of the social networks of Cuban judges shows that expressions of support for a single ideology, the socialist, and a single political force are promoted: the communist party,” the text highlights; and “this leads the judges to express themselves against those who oppose that model of thought and the political regime; and these pronouncements are not simple ideological discrepancies, but declarations of war against potential defendants, who a priori consider ‘enemies’”.
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