Thursday 23 June 2016

There is rule of law in Cuba?





Recently visited Cuba, Mr. Stavros Lambrindis, representative for Human Rights of the European Union.

Anyone interested, whether to read out and analyze the Constitution of the Republic of Cuba, remain convinced that the concentration of power in the Communist Party, the State and the Government is impossible that they could comply with the Universal Declaration of Human Rights United Nations.

In Cuba there is no division of powers. By the Constitution, the executive, legislative and judicial powers are constitutionally subordinate to the National Assembly of People's Power, which is in turn subordinate to the CCP.

Article # 5 of the Constitution says: "The Communist Party of Cuba, Marti and Marxist Leninist, organized vanguard of the Cuban nation, is the highest leading force of society and the state."

As can be seen, a minority group of people has the power of life to decide the fate of all Cubans ..

José Martí never had attachment to the ideas of Marx and sympathized with socialist ideas. Why then next to Marx and Lenin?

After the human race is the failure of socialism and communism aberrant, with over 100 million deaths worldwide, it is very sad that the Cuban Constitution imposes aspiration even build communism.

In Cuba there is no independent civil society. What the regime presented as such, the UJC and called "mass organizations", as regulated in Articles 6 and 7 of the Constitution, are subordinated, like the rest of society, the PCC.

For Cubans there is no freedom of expression. All media are ruling; the Cubans do not have access to other information than that provided by these means, let alone the Internet.

According to Article 53 of the Constitution to citizens freedom of speech and press "conform to the aims of socialist society".

Apparently, we are somewhat far from being a republic.

In 1976, Fidel Castro said: "There is division of functions, but there is no division of powers The power is one, the working people exercised through the National Assembly and the State organs that depend on it.".

Managers of the Judiciary also respond to the designs of that concentration of power at the highest levels. Even collective law firms and notaries are nationalized.

Recall that in the Black Spring of 2003, after summary trials, were shot three young men who tried to hijack a boat to leave the country.

How Cubans agreed to approve such a constitutional monstrosity?

Since the early days of the triumph of the revolution in 1959, the deceptions began. They were broken promises such as reinstating the 1940 Constitution and hold free elections in a period not exceeding eighteen months. They were eliminated political parties, university autonomy was suspended, the press became controlled by the government, in the labor movement democratic leaders were relieved by other communist tendency, which eliminated the right to strike.

Despite initial denials repeated Fidel Castro of being a communist, he soon declared Marxist-Leninist.

In 1965 the CPC Central Committee and its official press organ, Granma newspaper was established.

After the March 13, 1968 was proclaimed the Revolutionary Offensive, all passed into the hands of the totalitarian state and the people became dependent to the least of the omnipresent state.

In 1975 the highest levels of the Party-state-government appointed Calderío Blas Roca, member of the Secretariat of the sole party, to chair the committee that drafted the draft of the new constitution.

Without a Constituent Assembly, which is the usual method practiced by civilized societies, without debate, according to the convenience of those with totalitarian power, the commission drew up the draft Constitution. Then he took discussion in the workplace and study, and neighborhoods. That debate was conducted under the supervision and direction of the PCC and the so - called "factors" of the mass organizations, and behind them, the repressive organs, for those who dared to cross the line.

After these discussions, at the highest level appropriate adjustments to the draft, becoming the Constitution of the Republic, which led to a referendum for approval on February 24, 1976 were:

From that day, for 40 years, with that exclusive constitution, Cubans live with a straightjacket, under a perennial psychological fear. If you do not respond to the interests of the Totalitarian State they may confront serious problems, because there is no respect for the freedom of people.

With the current Constitution, the visit of Mr. Stavros Lambrindis may contribute to compliance with respect for the rule of law in Cuba?

rotravep@gmail.com

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