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The lawyer and human rights defender pointed out that the lack of independence of the judiciary in Cuba affects justice and reinforces a climate of impunity in which human rights violations go unpunished.
On November 6, Laritza Diversent, executive director of Cubalex, participated in the Forum “Law and Justice in the Defense of Democracy”, organized by the Inter-American Institute for Democracy, Inspire America Foundation and Diario Las Américas.
In her presentation, titled “The Judicial Branch in Cuba, an obstacle to justice and democracy”, Diversent made a profound critique of the Cuban judicial system, highlighting how its lack of independence becomes an obstacle that seriously impacts justice and democracy in the country.
Diversent explained how the lack of judicial independence in Cuba transforms the courts into tools of political control rather than guarantors of justice. He pointed out that this subordination to state power allows for the manipulation of judicial processes to persecute dissidents and silence critical voices, severely impacting human rights and undermining public trust. Diversent emphasized that the absence of due process guarantees and bias in trials reinforce a climate of impunity in which human rights violations go unpunished, underscoring the urgent need for judicial reforms to protect citizens' rights and promote a genuine rule of law in the country.
Main points of his speech
Political subordination of the judiciary
Diversent explained how the judiciary in Cuba is subordinate to the Communist Party, preventing it from acting as a true counterweight to the executive and legislative branches. This model, known as “democratic centralism,” concentrates power in the state and eliminates the checks and balances necessary for impartial justice.
Impact on rights and democracy
The lack of judicial independence fosters a climate of impunity in which human rights violations go unpunished. According to Diversent, this reality limits citizens' access to fair trials, undermines public trust in institutions, and weakens citizen participation—essential elements in any functioning democracy.
Lack of judicial guarantees
The lawyer pointed out that judicial processes in Cuba frequently lack transparency and minimum due process guarantees. Reports from organizations such as the Inter-American Commission on Human Rights (IACHR) have documented how these processes are influenced by political interests, particularly affecting activists and dissidents.
Public distrust and political control
Diversent emphasized that the manipulation of the justice system creates an environment of repression that discourages political and civic participation, thus weakening the foundations of an effective democracy. This perception of bias and injustice within the judicial system discourages the public from expressing critical opinions, reinforcing a climate of self-censorship and fear.
Urgent call for reform
In his conclusions, Diversent stated that the justice system in Cuba must be reformed to guarantee an independent and autonomous judicial system that defends citizens' rights and the rule of law. Only in this way can the judicial system serve justice and not state repression.
To see Laritza Diversent's full speech, you can access the following link: