Los Derechos Fundamentales y el Orden Jurídico e Institucional de Cuba (Fundamental Rights and Legal and Institutional Order in Cuba)
7 de julio de 2005
Ricardo M. Rojas

During the last decades the world has shifted to globalization in different aspects. One of them is the universal protection of a grupo de basic rights, inherent to human beings, inside international instruments ratified by the majority of the countries, which clauses are applied even with pre-eminence over local legislation.

At the same time, the political regime strongly governing the Republic of Cuba since 1959 has gradually increased its isolation, its distance with international community and the levels of repression to citizen's fundamental rights. This two clear trends - the universalization of fundamental rights and repression in Cuba - seem to get to a point where nobody who defends esencial principles of international law on human rights can at the same time jutify the existence of the current totalitarian regime governing the island. As it usually happens with any personalist regime, the arguments in favor and against spin arround the figure of Fidel Castro. In general this kind of discussions are loaded with subjetivity, and it could be said that truth will be know only when the end of the regime, when objetive evidence in hands of historians can be examined.

Anyway, it is possible to analyze certain aspects of Cuban political order through the study of its institutional and legal organization, to conclude that even its fundamental institutions, the content of its laws and the interpretation given by judicial organs, the cuban regime is organized on the base of power supremacy of the state over the basic human rights, and frequently these rights are infringed in the name of the interests of the government itself. Trying to hold this statement, this work is divided in two parts. In the first one, I will try to briefly develop the bases of what is called international law on human rights, that grupo of fundamental rights and guaranties of the human being that international community tends to protect and commits in their respect even above local legislation. In the second part, I will try to explain how these fundamental rights are violated by the institutional and legal system of Cuba, and by the jurisprudence of its propular courts.

For this purpose I will analyze the institutional and legal system of Cuba using essentially official texts: its constitutions from 1976 and 1992, the Criminal Code, Law 88/99, speeches by Fidel Castro published by official government organs, and judicial sentences.