CubaMinrex. Ministerio de Relaciones Exteriores de Cuba

JUDICIAL SYSTEM IN CUBA

26. The Constitution of the Republic of Cuba is the supreme law and lays the political, economic and social foundations of the State and the Government. It sets forth the principles for the organization of State bodies and establishes citizens’ basic rights, duties and guarantees and the obligation of compliance.

27. The Constitution establishes the principles of Cuba’s electoral system and the procedure for complete or partial amendment of the Constitution. If such amendment relates to the composition and powers of the National Assembly or its Council of State, or to rights and duties enshrined in the Constitution, it also requires ratification by majority vote of citizens with electoral rights, in a referendum called for that purpose by the Assembly itself under article 137 of the Constitution.

28. The system of legal protection for human rights in Cuba is not confined to a description in the Constitution; human rights are duly developed and guaranteed in other substantive and procedural provisions. Acts, decree-laws, decrees, decisions of the Council of Ministers and resolutions of ministers and heads of the central organs of State, all establish benefits and supplement the principles, rights and duties established in the Constitution, which define the relationship between individual members of society and between individuals and the State.

29. Act No. 59 of 16 July 1987 (Civil Code), Act No. 49 of 28 December 1984 (Labour Code), Act No. 81 (Environment Act), Act No. 14 of 1977 (Copyright Act), Act No. 24 of 1979 (Social Security Act), Act No. 1289 of 1975 (Family Code), Act No. 16 of 1978 (Children and Youth Code), Act No. 62 of 1987 (Criminal Code), Act No. 7 of 1977, as amended by Decree-Law No. 241 of 26 September 2006 (Civil, Administrative, Labour and Economic Procedure Act), Act No. 5 of 1977 (Criminal Procedure Act) and other laws, all supplement and establish guarantees of the exercise of all human rights in Cuba. The international treaties signed in the name of the Cuban State or its Government, also form part of Cuba’s legal order. Cuba has signed or ratified the major legally binding international human rights instruments.

30. The bodies with judicial functions monitor and uphold legality by close surveillance to ensure compliance with the Constitution, the law and other legal provisions on the part of State agencies, financial and social institutions and citizens.

31. The judicial system, which is regulated in chapter XIII of the Constitution, on “Courts and the Prosecution Service”, plays an essential role in protecting human rights. The system meets international standards, notably the decisions of the United Nations congresses on prevention of crime and the treatment of offenders and the Basic Principles on the Independence of the Judiciary, which establish, among other things, the principle of the collective and individual independence of judges, who, in their role as dispensers of justice, owe allegiance only to the law.

32. The Cuban State has institutionalized a system of independent bodies, headed by the Supreme Court, which are collegial bodies with a membership appropriate to their competence and which ensures broad popular participation in the administration of justice. The Cuban judicial system is based on the following principles:

1. The absolute independence of judges individually and of the entire court system in the administration of justice;

2. The popular dimension of justice, achieved mainly by opening up judicial functions to non-professional judges (lay judges), who sit alongside the professional judges;

3. All judges, professional and non-professional, are elected;

4. The absolute equality of all persons before the law;

5. Collegial courts for all acts of justice regardless of judicial instance or the nature of the case;

6. The presumption of innocence. Every accused person is innocent until proved otherwise. The burden of proof lies with the prosecution;

7. All trials are public, except where provided by law;

8. All court decisions are appealable in accordance with the law applicable in each case;

9. Every accused person has the right to a defence.

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