Year 1948, December, day 10. In the minds of those who attended the Palais de Cello in Paris, the horrors of World War II and the confusion created by isolated attempts by some countries to draw up a document were still there. Guarantee to individuals before public powers. It was December 10 and history was made, 48 countries said yes and the Universal Declaration of Human Rights was born.
The signatories are the geographically small country, the Caribbean island, Cuba. At the time of writing the preliminary draft of the 1976 Constitution, a country was very clear on human rights. “The first law of our Republic is the cult of Cuba for the full dignity of man.” No more words are needed, so in a few regions the essence of the nation as stated by one of its elders, Jose Marti, is collected.
In terms of rights, Cuba has a lot to show for it. Reuben Remigio Ferro, chairman of the People’s Supreme Court, said the pragmatic reforms under the Republican Constitution and Development of 2019 put the country in the advanced countries of guaranteeing human rights, compared to the most modern laws. “Strong judicial and procedural reform in the country based on the many laws that make up the decrees and policies contained in the Magna Carta Prove the leading place of human rights and guarantees”, He insisted.
Nelson Mandela has already said that “taking away the human rights of the people is tantamount to questioning their humanity.” Reform in the Cuban judiciary includes a number of laws that strengthen the protection of citizens. Among them, the law of the courts, the law of the penal process, one of the administrative processes and the code of processes.
According to Yuri Perez Martinez, a member of the Cuban Association for Constitutional Law, these complementary laws of the Constitution inspire socialist state law. He speaks a strange word, co-responsibility, what it is. In terms of mutual contributions, the direction of the individual with the state should be achieved.
When referring to socialist law, one said that one should talk not only about the responsibility of individuals, but also about the organs of government, its officials and its leaders. An executive of the National Union of Jurists in Cuba also stressed that another aspect to consider is the differentiation of government functions “for example, The functioning of the judiciary plays an important role in guaranteeing human rights because they are established as impartial bodies.Perez Martinez warned.
One of these principles recognized in the Magna Carta is dignity. Article 40 makes it clear that “the highest value of human dignity is to uphold the rights and obligations enshrined in the Constitution, treaties and laws.” Attorney Yuri Perez Martinez said it was set up as a principle, so it should be done to the maximum.
The model for the protection of rights established by the Cuban Constitution should be modified by Article 7, which establishes that the Magna Carta is “a rule for direct use”. “Judges and magistrates have a constitutional duty to administer justice on behalf of the people.” This can be said in a few lines, but it is a strong element in terms of rights.
Every step of the analysis takes us back to the Constitution. Mada Coyote Pierre, president of the Cuban Constitutional Law Association, referred to the issue and confirmed that Magna Carta is the guardian of the rights and guarantees of citizens in this country.
When entering the topic of the criminal process, he explained, it is considered difficult within a community, which is why it must be “the most secure of human rights”. Criminal Procedure Code coming into force on January 1, 2022 “This is a complete and important change, not just for the perpetrators, but for everyone involved in a criminal process for any reason,” he said. Indian.
Goite Pierre pointed out that the new law provides significant protection for victims, “those who were the subject of a crime were represented by a lawyer, however, it was decided to listen to the citizens and give them more rights. Allow them to participate in the processes from the first moment. They have the right to a lawyer, they assist in the criminal process, they can establish resources, they can ensure their human right to be properly protected “It’s an important value for peace and conflict resolution.”
The Dalai Lama is wise to say that “peace can only be maintained when human rights are respected.” In the same way as maintaining social peace, criminal procedure law protects against other occurrences such as violence. In the case of a person who has been the victim of domestic violence, sexual violence or a vulnerable situation, precautionary measures can be used “In the event of an incident of this magnitude the removal of the occupant may be used. Criminal proceedings are ongoing,” the attorney said.
“The way this law is designed is safe for everyone,” he said. Another notable aspect is the rights of the youth. The administration of Cuba’s National Union of Jurists also commented that 16 was the established age for criminal liability. However, defendants who are involved in criminal activities as defendants between the ages of 16 and 18 have different treatment. “They, with the support of their parents and legal representatives, can trust the opinion of specialized companies’ participation and alternative rules, ”the attorney formalized.
When asked why these activities are carried out with the accused young persons, the prosecutor responded succinctly “There are many factors that affect them for a crime, and for this reason the Cuban government has a profession of protecting these young people as a socialist law.” It also ruled that the human rights of this age group in Cuba were protected by criminal procedure law.
Speaking of the accused, the law establishes a list of rights and guarantees that come from the Constitution. Goite Pierre recalled that the right to self-defense has always existed, “now it is strengthened that those involved in criminal activities can argue with a lawyer of their choice within 24 hours of their arrest; Otherwise, he explained, he could be a public defender.
Similarly, freedom in criminal proceedings is also referred to as a transcendental legal asset, he said. The Magna Carta of 2019 includes the habeas corpus as a constitutional guarantee and is an expression of Cuba’s call for the protection of the fundamental rights of the people.
“Transparency is another of the rights, and for this reason investigations are oral, public and contradictory, so the judiciary can exercise judicial control over the administration of justice,” he said.
Among the laws being enacted – he declared – is the implementation of sanctions that provide a vision for the protection of the rights of convicted people because “our prisons are places where human rights are upheld.
If a country decides to protect not only the violators of the law but also all those involved in the process from the law of the criminal process, it says a lot about protecting human rights in society.
For Professor Juan Mendoza Theos, the law of practice is celebrated in the country. An expanded party to the approval of the 2019 Constitution. President of the Cuban Society of Procedural Law of the National Union of Jurists of Cuba, says without reservation The most important currency of human rights in the country is revealed in the pages of Magna Carta. Another reason to understand the reasons for the celebration.
Every day in Cuba, the governing bodies of justice and those responsible for issuing laws work to ensure that the provisions of the Constitution do not become a stumbling block. Homeland is humanity. ”