Articles 121 , 122 & 128 of the Constitution of the Republic
of Cuba ... Part Two ... On January 6th, 2006 the Inter-American Commission on
Human Rights sent Cuba a report of observations, from which I extracted two
that show the falsity of the articles of the Cuban Constitution 121, 122 &
128 in question, and I quote . 75 In particular,
the Commission considers that full observance of the judicial guarantees
enshrined in the American Declaration is founded on an independent and
autonomous judiciary. The Commission has consistently held that there is
no separation between public authorities in Cuba so there is no guarantee of
justice administration free from interference from other powers . The Commission notes that the subordination of the
courts to the Council of State, presided over by the Head of State, constitutes the judiciary’s direct
dependence on the directives of the executive branch. Under this scheme,
the Commission considers that the Cuban courts do not effectively guarantee the
rights of the accused enshrined in the American Declaration. The Commission
finds that the lack of independence of the Cuban judicial system is a failure
to ensure the rights of the accused, especially in cases where there is a
political connotation. To be continued...
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