CUBA Law and Lawyers in Cuba January 16 – 25, 2009

Busy Schedule for the week

Professional Research tour organized by Global Exchange (SF) on a General License from US Treasury’s OFAC

Thank goodness everyone likes to drink!

Law and Lawyers in Cuba Saturday 17

• Visit the Scale Model of Havana– Learn about how and why the Cuban capital as

developed as it has. • Tour City of Havana, including walking tour of

colonial Old Havana• Meet with Cuban legal workers to discuss

week• Evening:Individual research

Law and Lawyers in Cuba Sunday 18

• Visit Museum of the Revolution. • Visit studio of artist Jose Fuster – “Cuba’s

Picasso” in the fishing village of Santa Fe.• Enjoy dinner at El Aljibe – state run

restaurant.

Is it already past noon? Time for a mojito and a cigar?

Law and Lawyers in Cuba Monday 19

• Meet with Cuban Institute for Friendship with the Peoples, ICAP, our official host in Cuba.

• Meet with Union of Cuban Jurists (lawyers and judges)– An overview of the Cuban law system, including

civil law and procedure. • Visit Casa de Africa– Cuba’s most important African Art Collection

• Evening: Individual Research

Cuban History• Pre-1959 Revolution

– Over 500 years of war, invasion– 1898 - U.S. military occupation

• 1901 Platt Amendment gave U.S. right to intervene when saw fit• 1903 established military base at Quantanamo Bay

– Batista elected President in 1940 and staged a military coup to take power again in 1952• More than half of Cuba in foreign hands• Corruption rampant in government

• 1953 – 1959 – Student uprisings in Havana, guerrilla attacks from Sierra Maestra

• Led by Abel Santamaria, Haydee Santamaria, Melba Hernandez, Fidel Castro, Raul Castro, Ernesto ‘Che’ Quevara, Camillo Cienfuegos, Juan Almeida

– Batista fled to Dominican Republic January 1, 1959• Took US$40million from Cuba treasury

Cuban History• January 5, 1959 – new government

– Manual Urrutia became first president, resigned in July when Castro said “Him or me.”

– Castro formed popular militia• Purged judicial system• Nationalized all companies, utilities, banks, housing

• October 19, 1960 – U.S. declares partial embargo• January 1961 – U.S. broke off diplomatic relations• April 16, 1961 – Castro declares Socialist nature of Cuban revolution,

followed by Bay of Pigs• June 1961 – U.S. declares full trade embargo• 1976 – Third Constitution approved; Castro becomes President• July 2006 – Raul Castro assumes duties as President due to Fidel’s illness• February 2008 – Raul Castro elected President

Cuban Legal System• Civil Law vs. Common Law• Government

– Municipalities (169)• Assembly – nominated by neighbors, secret vote, simple majority; 16+ years old• Judicial – Bench trials only with two lay judges, one professional

– Provincial (14)• Assembly – similar to Municipalities; 16+ years old• Judicial - Bench trials only with two lay judges, three professionals

– National - meets twice a year • Assembly – 614 deputies

– 1 per 20,000 people; general election; 5 years; 18+ years old– State Council elected by Assembly– President, Primary VP, 5 VPs, One Secretary, 23 others– Council of Ministers designated by Assembly – manage government

• Judicial - Bench trials only with two lay judges, three professional• Communist Party – 65% of parliament; <35% general population• Lawyers

– Undergraduate degree – 5 years– Two sets of fees –

• Popular Fees for Cubans• Second for tourists and Cubans outside of Cuba

Law and Lawyers in Cuba Tuesday 20 (Inauguration Day)

• Meet with Cuban lawyers and judges at law office – Criminal Law and Procedure

• See a farmers’ market and a shopping mall• Lunch at Casa de la Amistad• Visit Legal department of the Ministry of Foreign

Investment• Stop by La Colmenita – children’s theater• Evening: Individual research

Law and Lawyers in Cuba Wednesday 21

• Tour city of Cienfuegos (south central part of island)

• Meet with Cienfuegos Union of Cuban Jurists– Discussion of work of lawyers and judges in Cuba

• Meet in evening with local block organization - CDR– Committee for the Defense of the Revolution

Law and Lawyers in Cuba Thursday 22

• Travel for day excursion to colonial city of Trinidad , a UNESCO World Heritage Site

• Visit a community project for problem youth• Return to Cienfuegos• Evening: Individual Research

Law and Lawyers in Cuba Friday 23

• Visit University of Cienfuegos Law School– Exchange with law professors and students.

• Return to Habana • Evening: Individual research

Law and Lawyers in Cuba Saturday 24 – Sunday 25

• Visit the Fine Arts Museum• Enjoy a free afternoon in Havana• Share a farewell dinner at the Hotel Florida• Depart Cuba