Wednesday, December 29, 2021

Cuba's new law on military courts

During the VIII period of sessions of the National Assembly of Popular Power (ANPP) a new law on Military Tribunals was approved on December 21, 2021, by the deputies of the ANPP to replace the law promulgated in 2002.  The new law forms part of the judicial reform in the country. 

José Luis Toledo Santander, President of the Committee on Constitutional and Legal Matters, presented an opinion prepared in conjunction with the National Defense and Internal Order, which highlighted that the norms are in conformity with the principles established in the Cuban Constitution.  He stated that military tribunals have the mission of hearing cases involving crimes that affect the discipline, order and other interests of special protection of the Cuban Armed Forces.  As with judges expert in criminal, civil or family law, there must be judges who are experts in military institutions, he explained. 

He stated that the new legislation provides for individual guarantees before the military tribunal, by consecrating the principle of equality before the law, the right of every person to the presumption of innocence and the right to be heard in a public forum, before a competent, independent and impartial tribunal. 

In addition, he emphasized that the new law is informed by cardinal principles for judicial activity such as the independence and impartiality of professional judges, allowing them to act free from  any restrictions, influence, pressure or interference.

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