In recent months, the Cubalex Monitoring team has observed with concern the adoption of various measures by the Cuban authorities that They could indicate an expansion of military control over traditionally civilian areas of public life. The frequency of military exercises, the mobilization of reserves, official speeches focused on preparing for war scenarios, and the introduction of regulatory changes in the criminal and military spheres raise questions about the real scope and objectives of these policies, as well as their impact on the civilian population.
Based on this context, the New Special Report from Cubalex This report analyzes these measures from a legal perspective, in light of Cuban constitutional law and international human rights standards. It examines how the domestic legal system regulates exceptional situations, including states of war, general mobilization, and states of emergency, and assesses whether some of the practices currently observed could, in practice, amount to the implementation of measures typical of these regimes without a formal declaration activating the corresponding legal mechanisms.
The study also incorporates a comparative analysis with international standards, particularly those established in the International Covenant on Civil and Political Rights, the Syracuse Principles This approach examines the limitations and derogations of rights in emergency situations, as well as international jurisprudence regarding states of emergency. It allows for an assessment of the extent to which the measures adopted in Cuba conform to or deviate from international criteria governing the exceptional use of state powers that affect fundamental rights.
Among the report's key findings is the persistence of regulatory ambiguities surrounding the criteria for determining when a country is considered to be in a state of emergency. The analysis also identifies broad powers granted to the defense apparatus to make decisions that can directly impact the exercise of fundamental rights. In this context, the report also warns of the risk that measures typical of a state of emergency or mobilization could be implemented in practice without the formal controls, institutional safeguards, and transparency guarantees required by international law.
With this analysis, Cubalex seeks to contribute to an informed public debate on the impact that these policies may have on the fundamental freedoms and rights of the Cuban population, as well as to underline the importance of strengthening institutional transparency and respect for international standards in the adoption of measures that affect the constitutional order and civil life of the country.
You can download the full report.