Social Dangerousness, regulated in the penal code, needs reforms in order for Cuba to achieve democracy. This is the opinion of a group of lawyers, members of the organization Lawyers Without Borders UK Limited, in their book “Electoral Project, Road Map” (third edition).
The work addresses an analysis of the current legislation in Cuba that obstructs the celebration of free and fair elections. It offers a range of proposals to consider in a future process of democratic transition.
The investigation, based on international electoral standards, evaluates the current impact of a series of rules for conducting free and fair elections. Furthermore, it recommends which precepts should be created, modified, eliminated or retained. It objectively lays down a foundation of the reasons for change.
The current Penal Code is one of the laws analyzed, and within this, the character of the dangerous state (Articles 72 and 75 of the Penal Code). In this respect, the group of jurists recommends eliminating the term “socialist.” In this sense they argue that:
“The specific reference to maintaining a socialist morality presupposes that the party in power is socialist by nature. As a consequence, this statute in its current form could lead to the punishment of any individual who demonstrates opposition to the socialist government, which would have a direct and adverse effect on the celebration of free and fair elections in Cuba.”
Furthermore, they strongly urge that a text be added in this part of the penal code that excludes non-violent speech and political action from the term “dangerousness.” The idea is to show that the vagueness and scope of the definition of the word is used as a means of oppressing political opponents.
The Road Map of the “Electoral Project” provides neutral proposals with respect to political and socioeconomic theories. It defends legal reform and the elimination of political compromises in legislation, as a way of promoting the peaceful transition towards a democratic Cuba.
Translated by Regina Anavy