Military Service and Religion in Cuba / Cuban Legal Advisor, Yaremis Flores

If you want to learn how Cuban laws discriminate on religious grounds, read the last post published by Cubalex:

Yaremis Flores, Attorney at Law

According to Cuban law, religious belief is not a justification for avoiding Military Service. Specifically, Circular No. 129 of the Governing Council of the People’s Supreme Court states that “young members of the Jehovah’s Witness sect who are called to active military service and refuse to perform this duty would be committing a criminal offense under the existing Criminal Code.”

The circular also stated:

1. The policy of sanctions to be applied in these cases should be the highest possible within the punishment guidelines.

2. Because the accused’s membership in this particular religious sect is not an element of the crime, the judgment should make no reference to that fact.

3. In cases where the penalty imposed is imprisonment, or correctional labor with internment, the acronym “JW” should be recorded in the upper margin of the commitment order that is delivered, in order that the agencies of the Interior Ministry responsible for carrying out the punishment will know the status of the punished accused.

According to the International Covenant on Civil and Political Rights all people are equal before the law and are entitled without any discrimination to equal protection of the law. Accordingly, the law should prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on the basis of race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birthplace, or any other social condition.

But the distinction made in the previous circular is discriminatory, and severely punishes people solely because of their religious beliefs.

September 8 2012