U.S. Positive Comments About Cuban Human Rights  

A prior post reviewed the many U.S. criticisms about Cuban human rights in the latest State Department’s report on that subject for Cuba and all the other countries in the world. Here are the much more limited positive comments about Cuba in that report:[1]

  • “There were no reports that the government or its agents committed arbitrary or unlawful killings [in 2019]. (Section 1.A)
  • “Prisoners and pretrial detainees had access to visitors.” (Section 1.C)
  • “Authorities allowed prisoners to practice their religion.” (Section 1.C)
  • “The law provides that police officials furnish suspects a signed ‘report of detention,’ noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search.” (Section1.D)
  • “Under criminal procedures, police have 24 hours after an arrest to present a criminal complaint to an investigative police official. Investigative police have 72 hours to investigate and prepare a report for the prosecutor, who in turn has 72 hours to recommend to the appropriate court whether to open a criminal investigation.” (Section 1.D)
  • “Within the initial 168-hour detention period, detainees must be informed of the basis for the arrest and criminal investigation and have access to legal representation. Those charged may be released on bail, placed in home detention, or held in continued investigative detention. Once the accused has an attorney, the defense has five days to respond to the prosecution’s charges, after which a court date usually is set.” (Section 1.D)
  • “Reports suggested bail was available.” (Section 1.D)
  • “Detainees have the right to remain silent.” (Section 1.D)
  • “By law, investigators must complete criminal investigations within 60 days. Prosecutors may grant investigators two 60-day extensions upon request, for a total of 180 days of investigative time. The supervising court may waive this deadline in “extraordinary circumstances” and upon special request by the prosecutor. In that instance no additional legal requirement exists to complete an investigation and file criminal charges.” (Section 1.D)
  • The “constitution recognizes the independence of the judiciary.” (Section 1.E)
  • “The law provides for the right to a public trial.” (Section 1.E)
  • “Due process rights apply equally to all citizens as well as foreigners. . . . The law presumes defendants to be innocent until proven guilty. . . . The law provides criminal defendants the right not to be compelled to testify or confess guilt.” (Section 1.E)
  • “Due process rights apply equally to all citizens as well as foreigner. The law presumes defendants to be innocent until proven guilty . . . .The law provides criminal defendants the right not to be compelled to testify or confess guilt.” (Section 1.E)
  • “Defense attorneys have the right to review the investigation files of a defendant unless the charges involve ‘crimes against the security of the state.’” (Section 1.E)
  • “It is possible to seek judicial remedies through civil courts for violations of administrative determinations.” (Section 1E)
  • “The law provides for the right to a public trial.” (Section 1.E)
  • “The constitution provides for the protection of citizens’ privacy rights in their homes and correspondence.” (Section 1.F)
  • “The constitution provides for freedom of expression, including for the press.” (Section 2.A)
  • “The government tolerated some gatherings [of three or more people without prior registration], and many religious groups reported the ability to gather without registering or facing sanctions.”
  • “The constitution allows all citizens to travel anywhere within the country.” (Section  D)

Note that most of these positive comments are about rights under Cuba’s constitution and laws while many of the negative comments concern Cuba’s alleged failure to observe these rights on paper.

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[1] State Dep’t, 2019 Country Reports on Human Rights Practices: Cuba (Mar. 11, 2020).

 

 

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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