INTER-AMERICAN
BAR ASSOCIATION
FEDERACIÓN INTERAMERICANA DE ABOGADOS
FEDERAÇÃO INTERAMERICANA DE ADVOGADOS
FEDERATION INTER-AMERICAINE DES AVOCATS
E-Mail:
iaba@iaba.org
IABA DECLARATION ON THE SITUATION OF CUBAN POLITICAL DISSIDENTS LIBERATION.
FIA/IABA, a Hemispheric Bar Association of Ibero-American scope, founded
in 1940, with headquarters in Washington DC, USA, representing a
permanent forum for a number of aims including, amongst others, the
defense of the Rule of Law in the American Continent, the defense of the
Human Rights of American citizens in keeping with Universal Principles,
the promotion and exchange of training in legal issues amongst Bar
Associations and individual lawyers, the protection of civil and
political liberties within the framework of a democratic form of
government and democratic institutions and the defense of the principles
of freedom and independence of the courts and members of the legal
profession, which Association also represents a permanent forum for
building relationships and promoting the exchange of professional views
and information between local and national bar associations and between
bar associations throughout the Americas and in some European countries,
in addition to promoting the development of friendly ties to pave the
way for a fruitful exchange of ideas, the progress of jurisprudence and
the study of comparative law and the unification of laws and their
dissemination throughout the Americas, DECLARES:
1.
THE FEDERACIÓN INTERAMERICANA DE ABOGADOS / INTER-AMERICAN BAR
ASSOCIATION (FIA/IABA),
in compliance with one of its aims consisting in “promoting, by the
methods described above and through legal procedures consistent with the
Bar Association’s democratic commitment, the preservation and defense of
the human rights and liberties of the people of the Hemisphere, that
stem from the democratic principles upon which their respective
countries were built” (section 3,d) of the IABA’s Bylaws), has followed
closely the news regarding the immediate liberation of seven political
detainees and the announcement concerning the forthcoming liberation of
another forty-five political prisoners.
2.
FIA/IABA
expresses its sincere hope that the liberation announcement does not
amount to an individual measure similar to others obtained through the
efforts of public and social personalities of the stature of Rev. Jesse
Jackson (release of 26 political prisoners in 1984), Dr. Vivancos
(liberation of 6 prisoners in 1995), Bill Richardson (3 dissidents in
1996), Jimmy Carter (1 dissident in 2002) or Pope John Paul II (over 80
dissidents released in 1998), but rather that the new announcement
amounts to a real and continued acknowledgment of the effectiveness of
the principles enshrined in the Interamerican Charter of Human Rights
(07/22/11/69 Sections 7, 8 and 13) in relation with like principles
established in the International Covenant on Civil and Political Rights
(16.12.66 (NY). With utmost
respect for the sovereignty of the Cuban people, FIA/IABA:
a)
Expresses its wish that the procedural and administrative rules
in force in Cuba in relation with the prosecution and detention of
individuals by reason of their opinions, beliefs or dissent be revised
and aligned with the international principles enshrined in both legal
texts which are valid at a global level and, particularly, in the
Americas.
b)
Requests the revision of all the judicial and administrative proceedings
affecting other detainees held in prison for reasons of opinion, beliefs
or dissent with a view to ensuring their release as soon as possible.
c)
Strongly and respectfully urges the Government of Cuba to carry out the
foregoing within the scope of a general plan devised to bring its
judicial and administrative system, in terms of opinion, beliefs and
dissent, in line with the abovementioned international principles in
force in the
d)
Offers its wholehearted cooperation to ensure that this process is
carried out in keeping with the Democratic Principles of the Rule of Law
with a view to securing the abolition and eradication of coercive or
restrictive measures affecting internationally acknowledged Human Rights
such as personal freedom and the freedom of expression or opinion.
3.
FIA/IABA
proclaims that only a body of laws that respects individual Human rights
can be deemed valid and binding on all citizens, whichever there country
may be.
4.
FIA/IABA
requests that with immediate effect the cleavage of views between
individuals or between these and their respective Governments (the Cuban
Government in this case) be addressed and solved through dialogue and
understanding and within the framework of a judicial system in which due
process is ensured under all circumstances.
This
decision was adopted by the EXECUTIVE COMMITTEE of this organization on
the thirteenth day of the month of July 2010, without prejudice to the
submission of a report of its contents before the COUNCIL at its
earliest session.
BEATRIZ R. MARTORELLO, Esq.
HUGO CHAVIANO
Secretary General
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E-mail:
iaba@iaba.org
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Phone: (202) 466-5944, Fax: (202) 466-5946, Email:
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