Articles 10 and 127 of the Constitution of the Republic of
Cuba, related below, are fictitious. Any similarity to other democratic and
respected in real life Constitutions, is entirely coincidental and unintentional:
Article 10: All state bodies,
their leaders, officials and employees function within the limits of their
respective competency and are under the obligation to strictly observe
socialist legality and to look after the respect of the same within the context
of the whole of society.
Article 127: The Office of the
Attorney General of the Republic is the state body which has, as its
fundamental objective, jurisdiction over the control and preservation of
legality by ensuring that the Constitution, the law and other legal regulations
are strictly obeyed by state agencies, economic and social entities and
citizens; and representing the state in the promotion and exercise of public
legal action. The law determines the other objectives and functions as well as
the form, duration and occasion in which the Office of the Attorney General
exercises its power.
Following
my home tresspassing and its illegal search
on December 16th, 1996 by five Officials
of Castro regime, and in occasion of
the complicity of the prosecution with that event, lawyer Antonio Gainza, in our legal representation, appealed to
the Attorney General of the Republic on July 9th, 1997,
in the following terms: “It
is really worrisome that in front of the reclamation of the civic rights and
the flagrant violation of the same that was denounced besides in the only organ
that exists in our country to safeguard the reestablishment of legality, we
observe how first they violate the terms established to give answer and next
they try to establish as correct (by means of extensive and not foreseen
methods of interpretation in the law) the illegal and incorrect acting of the
inspectors of fishing whose analysis does not resist the most minimal
interrogation either of fact or right ”. But this does not work with
fictitious Constitutions. In Cuba there is the same judicial procedure as anywhere
in the world, although the sequence is not the same: there they first dictate sentence
and afterwards the trial is held. What a country to INVEST capital! To be continued...
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