Tuesday, February 9, 2010

Presumed Guilty.

It is outstanding to read, one by one, pure and crystal clear of interpretations, ideologies and partisanships the Universal Declarations of Human Rights. I would propose to you to write in a piece of paper every article of it, and try to delineate how far Cuba had gone violating each and almost every one of the renowned declaration.Presumed Guilty

In 50 years, our hemisphere has changed drastically, but Cuba has stayed untouchable, frozen in time and in too many lines of the Declaration signed recently by Raul Castro’s government unfulfilled.

Since 1961, officially, Cuba is a proletarian dictatorship. It is laughable and euphemistic trying to give any given surname to what it is in essential a dictatorship. There is no dictatorship for riches or poor, leftist or rightist, there is only dictatorship. Their surnames don’t change their essential principle: daily violations of Human Rights.

The level of violation and hypocrisy in our country is highly evident when you look at how Castro had signed, at the whim of his will, the death penalty in Cuba.

When it comes to Cubans: summary trials without any legal guarantee to presumed offenders and executed in a few days. The appeal process to courts and the followed automatic appeal to Counsel of Estate have been executed in the most spectacular race against any fair legal process. And the emperor’s hands never had shook to sign a verdict decided from the very moment the presumed offender has been imprisoned.

We all know that in Cuba there is no presumed innocent. Instead, there are only presumed guilty even before the farce in the court room had began.

How different is when it comes to foreigners. You don’t have to go too far. Today, in Guanajay high security prison there is a Salvadorian waiting for his execution. Raúl Ernesto Cruz León was detained in September 1997 and subsequently sentenced to death on 23 March 1999: two years between his imprisoning and the trial.

At the trial, held on 8 March 1999, he pleaded guilty to the charges and charged with "sustained terrorism" for carrying out bomb attacks against five hotels and one restaurant in Havana between July and September 1997. An Italian tourist was killed and eleven people were injured as a result of the explosions. Today, Mr Cruz Leon is still awaiting appeal, because he is not a local offender.

I just wondering what would have happened if, instead of being Salvadorian, Mr Cruz Leon would have been Cuban. I could tell you: three days in prison, one day on trial and the next day in the firing squad. That’s the consequence of being Cuban and living in the paradise of no legal guarantee to the common citizens.

We are not presumed innocents at any rate: we are always guilty at the eyes of our totalitarian estate, whatever its surname is.

The Article 11 of UN Declarations of Human Rights settled:

“Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”

What kind of guarantee any presumed innocent could find in three days gap between his imprison and trial? None

A long list of cases with similarities we can list here, but close to Cruz Leon there is the most significant case in recent Cuba: the case against the three failed hijackers in 2003. No death involved, no injuries, no bombs, no damages, but still the same hand who hasn’t signed the sentenced against Cruz Leon, signed and send the three men to the firing squad in three short days. That’s Cuba’s legal system.

This is a government who doesn’t stop at anything to crush any insolence, dissent and opposition. A country with an excess of laws, decrees and regulations is a country without any credit to hold and to claim.

Cuba’s legal system is ideologically oriented, politically bound and essentially ill. From our birth we are condemned to be presumed guilty, because presumed innocent is a dissident terminology under Castro’s Criminal Code: it doesn’t exist.