Articles 121,
122 & 128 of the Cuban Constitution, related
below, are fictitious. Any similarity to other democratic and respected in real
life Constitutions, is entirely coincidental and unintentional:
Article 121:
The courts constitute a system of state bodies which are set up with functional
independence from all other systems and they are only subordinated to the
National Assembly of People’s Power and the Council of State. The People’s
Supreme Court is the foremost judicial authority and its decisions in this
field are final.
Through its Governing Council it can propose and issue regulations; make decisions and enact norms whose fulfillment is compulsory for all courts and, based on their experience, it issues instructions which are also compulsory in order to establish uniform judicial practice in the interpretation and application of the law.
Article 122: The judges, in their function of administering justice, are independent and only owe obedience to the law.
Through its Governing Council it can propose and issue regulations; make decisions and enact norms whose fulfillment is compulsory for all courts and, based on their experience, it issues instructions which are also compulsory in order to establish uniform judicial practice in the interpretation and application of the law.
Article 122: The judges, in their function of administering justice, are independent and only owe obedience to the law.
Article 128:
The Office of the Attorney General of the Republic constitutes an organic unit
which is only subordinated to the National Assembly of People’s Power and the
Council of State. The Attorney General of the Republic is given instructions
directly from the Council of State. The Attorney General of the Republic will
handle the direction and control of all the work done by his office all over
the country. The bodies of the Office of the Attorney General are organized in
a vertical manner all over the country. They are subordinate only to the Office
of the Attorney General of the Republic and are independent of all local bodies.
On January 6th, 2006 the Inter-American Commission on Human Rights
sent Cuba a report of observations, of which I extracted two which demonstrate
the falsity of the articles of the Cuban Constitution 121, 122 and 128 in
question, and I quote : Part One ... 74 . During the period covered by this
report , the IACHR continued to receive reports of trials in which allegedly
Cuban courts , judge with processed ideological and political criteria as
opposed to judicial procedures that reflect Cuba 's international obligations
on human rights . In this regard, the Commission urges Cuba to bring its
procedures into line with international standards of due process, so that all
people who come to the courts to determine their rights and responsibilities
have minimum legal guarantees to exercise their defense . The Commission
considers that the existing legal framework does not meet Cuba 's international
obligations in this area. To be continued...
