Cuban Experts Discuss Rights, Guarantees and Due Process

Havana, Dec 13 (Prensa Latina) Cuban experts debated about law, guarantees and the due process in Havana on Thursday.

Juan Mendoza, Vice Dean of the Faculty of Law at the University of Havana, considered that it is essential at this time to know how to distinguish law from guarantees.

Effective judicial protection and due process must also be taken into account, Mendoza stressed during the scientific event, held by the People’s Supreme Court at the Habana Libre Hotel, as part of the activities on the 45th anniversary of the institution.

He pointed out that at present, any problem in society must be approved by the courts.

The professor explained that the due process has many elements in its structure, so the provision of legal assistance and the means of proof required must be taken into account.

It is necessary for the judge to be impartial and independent, the lawyer said.

He pointed out that it is important that the possibility of appealing against the sentence exists and that an adequate practice of it is achieved.

In Mendoza’s view, the due process must also prevent unnecessary delays, so he called for speedy work on cases.

There must also be the presumption of innocence and the prohibition of cruel and inhuman treatment, and each individual must in any case be informed of the charge, the professor added.

On the privileged tutelage, he pointed out that it is not only based on legal rules, and cannot go against the judiciary, while it must be present for the acts of public authorities.

The scientific event by the People’s Supreme Court concludes on Thursday with analyses and debates on rights and the principle of context justice, guarantees, freedom and personal security.

Issues such as the importance of judicial argumentation, the payment of civil liability and the reality and perspectives of the victim in the criminal process were also addressed.

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