In a recent ceremony, the Cuban government appointed new judges to serve in Havana's judicial system. During the event, these judges vowed to uphold the socialist ideals of the country, as highlighted by a report from the Cuban Television News (NTV). The 21 judges who assumed their roles expressed their dedication to sustaining the principles enshrined in the nation's Constitution.
This ceremony was a tribute to the late dictator Fidel Castro, focusing on his legacy and influence. According to the state media report, the judges took an oath to uphold the values required in every judicial situation. They signed the judicial code of ethics, pledging to serve the people, protect justice, and promote transparency, aiming for a more inclusive and equitable society.
This event was led by Rubén Remigio Ferro, President of Cuba's Supreme People's Court, and took place at the Memorial Granma, located within the Museum of the Revolution. Despite their call for transparency, the Cuban judicial authorities did not disclose the number of vacancies in the justice system or the need for new jurists, such as prosecutors and judges, amid a workforce reduction.
The judicial system is facing challenges due to the resignation of professionals seeking new life paths, often leading to emigration, while others leave their positions due to a sort of "conscientious objection," which they remain silent about for fear of reprisals. Some have acknowledged feeling threatened by social media denunciations. "For every threatened colleague, we will multiply their resolve across the nation, ready to trade the robe and bench for the rifle and trench if necessary," declared a statement from the Union of Cuban Jurists in March 2022.
The Impact of External Criticism
Osmín Álvarez Bencomo, President of the Provincial Board of the Union of Cuban Jurists (UNJC) in Havana, remarked on the orchestrated subversive algorithms and opinions aimed at discrediting mostly young prosecutors and judges. These professionals are tasked with upholding due process in the wake of the July 11, 2021, protests.
Meanwhile, Salomé García Bacallao, a visual artist, editor, and activist, as well as a coordinator for the NGO Justicia 11J, responded to these statements on social media, voicing the sentiments of independent civil society. "These judges and prosecutors have committed crimes with the state's backing, systematically participating in trials against 11J protesters and denying Habeas Corpus for arbitrarily detained activists," she asserted.
Echoes of Judicial Commitment
Two years after these statements, in March 2024, Remigio Ferro attended the annual meeting of judges and court workers in Artemisa. He praised the commitment expressed by the jurists to defending a legal-political order that keeps more than a thousand political prisoners in Cuban jails. "Judges and court workers in Artemisa expressed their enthusiasm and dedication with phrases like 'unity' and 'I am here by choice,' which were the most common sentiments. Excellent!" Ferro stated on social media.
While it's expected for a state's judiciary to uphold its Constitution, the Cuban regime's insistence on perpetuating the Constitution's principles underscores its authoritarian, exclusionary, and repressive nature. The Constitution's first 15 articles spell out these "Fundamental Principles," beginning with Cuba's identity as a socialist state.
Article four warns that "defending the socialist homeland is the greatest honor and supreme duty of every Cuban." It further states that "treason is the most severe crime, punishable by the harshest penalties. The socialist system enshrined in this Constitution is irreversible, and citizens have the right to combat by any means, including armed struggle, against anyone attempting to overthrow the established political, social, and economic order."
This legal framework is clearly crafted to maintain the status quo and the illegitimate order under Cuba's dictatorial regime. The fifth article reinforces this by declaring the Communist Party of Cuba as the sole leading political force in society and the state, tasked with organizing efforts to build socialism and advance toward a communist society.