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The Trickery of Socialist Legalism in Cuba

The Castro regime is running out of tricks in its attempt to stay in power.

Socialism in all its variants (communism, fascism, etc.) has innately and consistently always disguised its dictatorial order behind a formal “legal” structure. The fact that it has jurisprudence cover and that is rationalized by a skewed morality, does not make it moral, just, or in any way connected to the republican notion of the rule of law. Cuban communism is coming under systemic threat from impending massive popular protests called for mid-November and a general strike set to detonate without a set date. Among its strategic weaponry for regime survivorship is the trickery of socialist legalism.

Communist Cuba’s National Assembly approved on Thursday October 28, a supposed set of “reforms” to the Castro regime’s penal and judicial codes. These alterations which are to go into effect on January 1, its proponents state, is designed to expand the legal rights of the Cuban people. The Marxist-Leninist dictatorship’s judges and lawmakers argue that these “changes” are drawn from the 2019 amended socialist constitution and will ameliorate inherent defects of the Castro-Communist system. There are four aspects of these perceived judicial and penal adjustments which have received particular attention.

The Castro regime’s officials are referring to this shenanigan as a “modernization” of their socialist legal order. The four principal points that the Cuban dictatorship is showcasing are: (1) that defendants be notified of potential charges levied against them and that the detainees be granted the right to counsel within 24 hours of being arrested; (2) citizens are to be able to access their own criminal files and court documents; (3) the “right” against self-incrimination; and (4) that the detained have a presumption of innocence. While these factors are intrinsically incorporated into the constitutional, legal, and criminal codes of legitimate democratic self-government models since they are epistemologically and ethically linked to preordained precepts of Natural Law, in communist regimes talks of judicial and penal code “reform”, operate within socialist legalism systems which are subjugated to political rule. In other words, they are irrelevant.

There are over 612 people, mostly young, still detained for having participated on the 11th of July (J11) massive public demonstrations calling for an end to communist tyranny. Many of them have been absurdly charged with “sedition”. 75 of the imprisoned are facing 13-to-27-year prison sentences. Their ages range between 16 to 21 years old. The fact that Castro-Communism considers public expressions of dissatisfaction and calls for political change as “sedition”, should assure anyone of the limited reach of any “modernization” proposal.

The Castro regime is running out of tricks in its attempt to stay in power. There are numerous liberation maneuvers in which the Cuban people on the Island are engaged in. The Civic March for Change planned for November 15 and the pending national strike are but two projects. The consciousness of the people of Cuba is correctly focused on the root of the problem. The communist tyranny must go! Nothing else will do. As Cuba’s national hero, José Martí, said in Escenas Norteamericanas, “There is no tyrant that can stand up to a people on their feet.”       

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