Analysing What's Happened

Analysing What's Happened / Cuban Law Association, Wilfredo Vallín Almeida
Posted on May 4, 2013
By Wilfredo Vallín Almeida

It's good news. People like Yoani Sánchez, Eliecer Ávila and Berta Soler
find themselves abroad enjoying a right which was denied for fifty years

In the Asociación Jurídica Cubana (Cuban Law Association) we are always
happy to receive everything which implies more liberty for the Cuban
people, without closing our eyes to the problems which continue to be
presented by government decisions, especially when there continue to be
unclear or arbitrary legal positions.

Let me explain

In the year 2003, 75 people were accused of crimes against the Cuban
state. Tried immediately, they were condemned to different and severe
prison sentences. During the following seven years they were all freed.

In relation to that something is happening which I would like to share
with our readers, but which will require more than one post, and because
of that, in this one I want to set out essential introductory elements
to help with this analysis

For someone in jail, who hasn't completed their sentence, there are two
ways of waiving the remaining term and going free. They are:

A reprieve

An amnesty

In the case of a reprieve, they extinguish the criminal responsibility
and it is construed as pardoning the penalty which was applied to the
person. If it is a complete reprieve, they extinguish the prisoner's
entire sentence. If it is a parcial reprieve, part of the prisoner's
penalty disappears or they change it for more minor sanctions.

A reprieve applies to one individual person. In order for it to have
effect, it is necessary to have an administrative act and a firm
sentence and you don't necessarily have to extinguish the preceding
penalties of the individual in question. Normally the possibility of a
reprieve (also known as "The Law of Pardon") rests in the hands of
important representatives of the State.

As far as an amnesty is concerned, it doesn't refer to the penalty, but
to the offence itself. It relates to all those who have committed it,
not to particular individuals, it extinguishes total criminal
responsibility and eliminates the preceding penalties in removing the
criminal status.

In he case of an amnesty, it is necessary to pass a law in order to
arrange it, and it extinguishes the antecedent penalties of the
individuals involved given that it covers all who committed the crime
and not particular individuals.

The amnesty is used above all for political offences and not normal crimes.

With these elements, we are ready for an analysis of what has happened.

Translated by GH

24 April 2013

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