Instruction No. 212 of November 9, 2011, issued by the Governing Council of the Supreme People's Court, stipulates that the right to receive copies of final judicial decisions must be guaranteed. However, this fundamental right is frequently violated in Cuba.
On May 2nd, Julio Ferrer Tamayo, Cubalex's lawyer filed a complaint with the Governing Council of the Supreme People's Court, specifically addressed to Otto Molina Rodríguez, president of the Criminal Chamber of the court.
The claim arises from the court's repeated refusal to issue a certified copy of a cassation ruling, despite numerous requests from the attorney, all duly substantiated under applicable law. The core of this claim is the recognition of the moral damages suffered due to the lack of access to said documentation and the express request for an order to issue a verbatim copy of the ruling.
Acknowledgement of receipt of the claim at the Court/ Photo: Courtesy of Julio Ferrer.
According to Instruction No. 212 of 2011 from the Governing Council of the Supreme People's Court, the right to obtain copies of final judicial decisions should be guaranteed. However, according to Ferrer Tamayo, this right has been systematically violated without valid legal justification.
The repeated denials and arbitrary justifications of the court president have not only blocked access to legal documents but have also caused considerable moral damage. This situation reveals a “double standard in the actions of the Cuban judicial authorities, which compromises professional ethics and contradicts the official discourse on the rule of law in Cuba,” the lawyer stated.
Ferrer Tamayo has asked the Governing Council of the Supreme People's Court to declare Otto Molina Rodríguez administratively responsible and order the reparation of moral damages, including the delivery of the requested copy of the sentence, as a reparative measure.
This incident underscores the urgent need to implement effective accountability mechanisms within the Cuban judicial system to prevent abuses of power. Furthermore, it highlights critical issues related to the integrity and transparency of this system, reaffirming the importance of ensuring that these structures operate fairly and openly.