Counter-revolution / Cuban Law Association, Julio Alfredo Ferrer Tamayo

Lic. Julio Alfredo Ferrer Tamayo

REVOLUTION, for Fidel Castro Ruz, Historic Leader of the Cuban Revolution, is the sense of the historic moment; it’s changing everything that should be changed; it’s full liberty and equality; it’s to be treated and to treat others as human beings; it’s our own emancipation through our own efforts; it’s standing up to powerful dominant forces inside and outside our social and national space; it is to defend values we believe in no matter what sacrifice; it’s modesty, disinterest, altruism, solidarity and heroism; it is fighting bravely, intelligently and realistically; never lying or breaking ethical principles; it is the profound conviction that there is no power in the world able to crush the force of truth and ideas. revolution is unity, independence, fighting for our dreams of justice for Cuba and for the world, it is the foundation of our patriotism, our socialism and our internationalism. Gathered together like this in the Guidelines for Economic and Social Policies, discussed in the VI Congress of the Communist Party of Cuba, ratified by the President of the Republic of Cuba, Army General Raúl Castro Ruz, like a fundamental compass in the construction of a prosperous and sustainable socialism.

Starting off from this definition, it is possible to work out what is COUNTER-REVOLUTION; whatever opposes or contravenes that concept. When we are not treated or don’t treat others as human beings; when we lie and violate ethical principles; when we are immodest, selfish, mean and egotistical; when we do not defy powerful dominating forces in our social and national space. when we do not fight bravely, intelligently and realistically; when we don’t change everything that should be changed, when there is not full equality and liberty; when they don’t allow the Cuba Law Association to exercise its clear human right to have its constitution, and to realise our dreams of justice for Cuba.

Translated by GH

8 July 2013

Justice Without Delay: A Human Right / Cuban Law Association, Julio Alfredo Ferrer Tamayo

Instruction No. 193 of 8 July 2007, of the Government Council of the People´s Supreme Court, affirms in the first that INASMUCH AS: The administration of justice in our country has as a priority the adequate speed in the processing of judicial proceedings in general and in virtue of that there having been adopted various means to expedite the processing of penal proceedings and especially matters concerning the accused who are in temporary custody…

Judicial practice reveals something entirely different, since that adequate speed in the processing of judicial proceedings of the accused who are in temporary custody is uncertain, which can be verified simply by having in view the statistical data managed within the framework of meetings of conciliation or coordination, for the analysis of the issue, meetings held between the Courts, the Prosecutor’s Office and the Headquarters of the Ministry of the Interior, responsible entities or their representatives, mandated by the aforementioned Instruction 193, for the evaluating and specifying of the criminal situation with defendants who are in custody, which report on pending legal procedures, paying particular attention to the reasons that negatively affect cases of detentions longer than 90 days. continue reading

It turns out to be incontestable that the measures taken to expedite the processing of the criminal trial with the accused in temporary detention have not achieved that purpose, since the number of accused persons held in detention, in criminal matters, has not diminished, and quite the contrary continues to increase, and the detention time in that situation goes beyond the excessive, not just by the end of the 90 days as Instruction 193 fixes, but in addition the SIX MONTHS established for that purpose, by Article 107 of the Criminal Procedure Act.

This is to act illegally, breaking Paragraph 3 of Article 9 of the International Covenant on Civil and Political Rights: Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.

It is in this situation that from July 31, 2012, like many people, my wife MARIENYS PAVÓ OÑATE, has found herself at the Western Provinces Women’s Prison; in just three months it will be one year, on the occasion of an alleged criminal offense, and still she has not been brought before the Court to be tried nor has she been released by the Prosecutor.

Lic. Julio Alfredo Ferrer Tamayo

We hear all too often in our mass media with a large audience, such as “Mesa Redonda” (the “Round Table” program) that they analyze and criticize, as a serious violation of human rights, that in prisons in multiple places on the planet, people remain permanently jailed, and they have not even been formally charged. Is this the mote in the eye of another?

30 April 2013