Cuba
Information current as of: August 23, 2010
General
Official Country Name
Geographical Region
Latin America (Caribbean). [2]
Death Penalty Law Status
Abolitionist de facto. The last execution in Cuba took place in 2003. [3]
Methods of Execution
Shooting.
(Firing Squad). [4]
References
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Country Details
Language(s)
Spanish. [1]
Population
11,200,000 [2]
Number of Individuals Currently Under Sentence of Death
0.
No one was known to be under sentence of death at the end of 2018. [3]
On December 28, 2010, Cuba’s Supreme Court commuted the death sentence of Cuba’s last remaining death row inmate, a Cuban-American convicted of a murder carried out during a 1994 terrorist invasion of the island. [4] No new death sentences have been recorded since. [5]
(This question was last updated on May 29, 2019.)
Annual Number of Reported Executions
Executions in 2020 to date (last updated on October 14, 2020)
0. [6]
Executions in 2019
0. [7]
Executions in 2018
0. [8]
Executions in 2017
0. [9]
Executions in 2016
0. [10]
Executions in 2015
0. [11]
Executions in 2014
0. [12]
Executions in 2013
0. [13]
Executions in 2012
0. [14]
Executions in 2011
0. [15]
Executions in 2010
0. [16]
Executions in 2009
0. [17]
Executions in 2008
0. [18]
Executions in 2007
0. [19]
Year of Last Known Execution
2003. [20]
References
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Crimes and Offenders Punishable By Death
Crimes Punishable by Death
Aggravated Murder.
Premeditated murder, murder for pecuniary gain, involving cruelty or a helpless victim, aggravated by abduction, in the course or furtherance of rape, molestation or another offense, of an official performing state duties, of a relative or spouse, endangering multiple lives, or planned at length is punishable by death. [1]
Terrorism-Related Offenses Resulting in Death.
Acts to sabotage or impair social, economic or military resources, resulting in death, are punishable by death. [2]
Terrorism-Related Offenses Not Resulting in Death.
Acts to sabotage or impair social, economic or military resources, when using dangerous methods or agents, causing serious injury to health or property or threatening public security are punishable by death. [3] Aiding such acts or possessing the means of aiding such acts, when aimed at threatening the security of the state, is punishable by death.
Rape Not Resulting in Death.
Rape resulting in serious injury, by an offender previously convicted of the same crime or by an offender who knows that s/he suffers from a sexually transmitted disease is punishable by death. [4] Rape (including statutory rape) of a child under the age of 12 is punishable by death. [5]
Robbery Not Resulting in Death.
If the robbery is at gunpoint or under the threat of injury by a fire arm, if a person is deprived of his or her liberty during the course of the robbery, if the robbery results in serious injury, or if the robber is a person in a position of authority or is a person responsible for security and protection, robbery is punishable by death. [6]
Drug Trafficking Not Resulting in Death.
If those trafficking, producing or transporting the drugs are public agents or utilize state resources to traffic drugs, if they utilize individuals under the age of 16, or if they are part of an international drug trafficking ring, drug trafficking is punishable by death. [7]
Treason.
Insurrection or usurpation, bringing about hostile relations between Cuba and another country, [8] aiding the enemy, inciting war against Cuba, taking up arms against Cuba, attempting by force of arms to change the constitution or the form of government, entering the country illegally with the intent of committing any act of treason or any other act aimed at harming the independence of the Cuban state ( including threatening the life, liberty, or personal integrity of a state, government, or communist party official) [9] is punishable by death. Treason may be a more expansive offense in Cuba than is common among nations: acts of “sedition” such as disrupting the socialist order, interfering with elections and refusing to obey civil or military authorities are punishable by death. [10]
Espionage. [11]
War crimes, crimes against humanity and genocide.
Genocide: Taking measures to reduce the birthrate of a targeted ethnic group, acts of ethnic cleansing, the forced removal of children, or bombing defenseless civil populations in violation of international norms is punishable by death.
Other Offenses Not Resulting in Death.
-Working as a Mercenary. [12]
-Piracy. [13]
-Apartheid.
Taking steps to maintain the dominance of one racial group over another through acts such as forced labor, torture, cruel, inhuman or degrading acts, segregation, or creating obstacles to full political, civil and cultural participation. [14]
-Pedophilia.
If the victim is less than 14 years of age, if the offender has been previously convicted of the same crime, or if the offense results in serious injury or illness. [15]
-Corruption of Minors.
Introducing a minor into prostitution, homosexuality, or criminal behavior, where the corruption of the minor is brought about by violence or intimidation, where the minor is physically harmed or contracts an illness, where more than one minor is endangered, where the offender has care or guardianship of the minor, where more than one person is involved or where the minor is under 12, mentally ill or incapacitated or incapable of resisting is punishable by death. [16]
Does the country have a mandatory death penalty?
No. Law No. 87 of 1999 states that a person may be sentenced to life imprisonment instead of death for any of the death-eligible crimes in the penal code. [17]
For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?
There is no mandatory death penalty in Cuba.
Crimes For Which Individuals Have Been Executed Since January 2008:
None. [18]
Categories of Offenders Excluded From the Death Penalty:
Individuals Below Age 18 At Time of Crime.
Individuals in Cuba cannot be executed for offenses committed while under the age of 20. [19]
Pregnant Women.
Women who are pregnant at the time of sentencing cannot be sentenced to death. [20]
Intellectually Disabled. [21]
Individuals are exempt from criminal liability or face diminished liability at sentencing if intellectual disability substantially or completely impairs their ability to appreciate the consequences of their actions or to control their actions.
Mentally Ill. [22]
Individuals are exempt from criminal liability or face diminished liability at sentencing if mental disorder or insanity substantially or completely impairs their ability to appreciate the consequences of their actions or to control their actions.
References
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International Commitments
ICCPR
Party?
No. [1]
Date of Accession
Not Applicable.
Signed?
Yes. [2]
Date of Signature
February 28, 2008. [3]
First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee
Party?
No. [4]
Date of Accession
Not Applicable.
Signed?
No. [5]
Date of Signature
Not Applicable.
Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty
Party?
No. [6]
Date of Accession
Not Applicable.
Signed?
No. [7]
Date of Signature
Not Applicable.
American Convention on Human Rights
Party?
No. [8] However, in 2009 the Organization of American States lifted a 47-year suspension of Cuba from the OA, [9] which may encourage Cuba to become a party.
Date of Accession
Not Applicable.
Signed?
No. [10]
Date of Signature
Not Applicable.
Death Penalty Protocol to the ACHR
Party?
No. [11]
Date of Accession
Not Applicable.
Signed?
No. [12]
Date of Signature
Not Applicable.
African Charter on Human and Peoples' Rights (ACHPR)
Party?
Date of Accession
Signed?
Date of Signature
Protocol to the ACHPR on the Rights of Women in Africa
Party?
Date of Accession
Signed?
Date of Signature
African Charter on the Rights and Welfare of the Child
Party?
Date of Accession
Signed?
Date of Signature
Arab Charter on Human Rights
Party?
Date of Accession
Signed?
Date of Signature
2018 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [13]
Vote
Abstained. [14]
Signed the Note Verbale of Dissociation
No. [15]
2016 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [16]
Vote
Abstained. [17]
Signed the Note Verbale of Dissociation
No. [18]
2014 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [19]
Vote
Abstained. [20]
Signed the Note Verbale of Dissociation
No. [21]
2012 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [22]
Vote
Abstained. [23]
Signed the Note Verbale of Dissociation
No. [24]
2010 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [25]
Vote
Abstained. [26]
Signed the Note Verbale of Dissociation
No. [27]
2008 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [28]
Vote
Abstained. [29]
Signed the Note Verbale of Dissociation
No. [30]
2007 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [31]
Vote
Abstained. [32]
Signed the Note Verbale of Dissociation
No. [33]
References
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Death Penalty In Law
Does the country’s constitution make reference to capital punishment?
The Constitution does not explicitly address capital punishment or the right to life. However, the Constitution does require that the state guarantee the “full dignity of man” and the “inviolability of persons,” including prisoners. These guarantees could be interpreted to limit the constitutionality of any death penalty. [1]
Does the country’s constitution make reference to international law?
Cuba’s constitution makes reference to an international relations policy grounded in respect and the principles of the United Nations Charter and other international treaties, so international law could plausibly impact human rights protections in Cuba. [2]
Have there been any significant changes in the application of the death penalty over the last several years?
Cuba has refrained from carrying out executions since 2003. [3] Furthermore, in 2008 President Raul Castro commuted most of the outstanding death sentences to sentences ranging from 30 years imprisonment to life in prison. [4] Three prisoners remained on death row—two for killing an Italian tourist in a hotel bombing and one for committing murder while attempting an terrorist infiltration of Cuba. [5] By December 28, 2010, those death sentences had also been commuted. [6]
Is there currently an official moratorium on executions within the country?
No. While there has been a de facto moratorium since 2003, President Raul Castro cites Cuba’s tumultuous relationship with the United States and the constant threat of terrorist acts as the primary obstacles to an official moratorium or abolition. [7] The U.N. Human Rights Council has urged Cuba to maintain this and move toward abolition. [8]
Have there been any significant published cases concerning the death penalty in national courts?
As of July 29, 2010 we did not locate any significant published decisions of national courts concerning the death penalty in Cuba. [9] However, by December 28, 2010 Cuba’s Supreme Court commuted the final remaining death sentence. [10]
Where can one locate or access judicial decisions regarding the death penalty?
Bulletins of the People’s Supreme Court of Cuba—including its major sentences and decisions—can be found on its website at http://www.tsp.cu/Archivos/Boletines_del_Tribunal_Supremo.asp. However, the website currently hosts bulletins only from 1997 through 2002.
What is the clemency process?
In death penalty cases, once a death sentence has been appealed to the People’s Supreme Court, the decisions of the People’s Supreme Court may then be brought before the Council of State for a final review and decision. [11]
Are jury trials provided for defendants charged with capital offenses?
Unclear. [12] Civilian courts use a panel of certified and lay judges. Lay judges need not possess extensive educational qualifications, and although they receive official training and serve 5-year terms, lay judges serve for only about one month per year. Lay judges are elected by legislative assemblies, and most belong to the Communist Party. Under such circumstances, lay judges may add a popular element to adjudication, but may also diminish the political independence of the criminal justice system. [13] Defendants may also be tried before military tribunals. [14]
Brief Description of Appellate Process
Decisions of the People’s Provincial Courts and Territorial Military Tribunals are appealed to the People’s Supreme Court. [15]
References
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Death Penalty In Practice
Where Are Death-Sentenced Prisoners incarcerated?
By December 28, 2010, death row was emptied by commutation. [1] Two Salvadorans on death row in Cuba were, shortly beforehand, being held at Guanajay prison. [2] Prior to the 2008 commutations of the majority of death sentences in Cuba, prisoners sentenced to death were generally kept in solitary confinement within maximum security prisons. [3]
Description of Prison Conditions
No one is on death row. [4] Cuba does not allow International Red Cross, Human Rights Watch, or U.N. monitors in to observe its prison conditions, nor has it submitted the required reports to the U.N. regarding its prison conditions. [5] Reports indicate that, in general, prisoners reported extended isolation, denial of rights to visit family, denial of health care, insufficient food and water, unhygienic conditions, beatings, and torture. [6] Some death row prisoners may still be in isolation, even if their sentence has been commuted to life. [7]
Are there any known foreign nationals currently under sentence of death?
All death sentences were commuted by December 28, 2010. [8]
What are the nationalities of the known foreign nationals on death row?
All death sentences were commuted by December 28, 2010. [9]
Are there any known women currently under sentence of death?
All death sentences were commuted by December 28, 2010. [10]
Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?
Comments regarding the racial/ethnic composition on death row
All death sentences were commuted by December 28, 2010. [11]
Are there lawyers available for indigent defendants facing capital trials?
A defendant has the right to hire an attorney at any time, and is provided with a public defender once formal charges are filed. [12]
Are there lawyers available for indigent prisoners on appeal?
It is unclear whether the public defenders available to defendants at the trial level are also available upon appeal. However, the Cuban Constitution provides that “every accused person has the right to a defense.” [13]
Comments on Quality of Legal Representation
Human Rights Watch notes that lawyers may lack access to their clients, particularly those who are political detainees, which can affect their ability to provide an adequate legal defense, and that the use of torture during investigatory and pre-trial detention undermines the legitimacy of confessions and convictions based on them. [14] . Additionally, lawyers may be discouraged from representing political detainees or may not attempt to prepare adequate defenses for political detainees. [15] However, we have not determined that, as a practical matter, political detainees face capital punishment in recent years.
Other Comments on Criminal Justice System
Prosecutors in Cuba have the right, in exceptional circumstances, to request summary trials. These trials give defense attorneys minimal time to prepare for trial. [16] Summary proceedings are provided for under Cuba’s Law of Criminal Procedure. [17]
References
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Decisions of International Human Rights Bodies
Decisions of Human Rights Committee
Because Cuba is not a party to the ICCPR [1] or the Optional Protocol, the Human Rights Committee does not issue any observations or decisions about Cuba. [2]
Decisions of Other Human Rights Bodies
The Human Rights Council Working Group on the Universal Periodic Review for Cuba issued its report on March 3, 2009. During the UPR process, three different nations issued recommendations to Cuba related to the death penalty. Brazil recommended that Cuba maintain its efforts to promote a moratorium on the death penalty. [3] Switzerland recommended that Cuba abolish the death penalty entirely. [4] Italy recommended that Cuba further reduce the number of death eligible crimes with a view toward eventually abolishing the death penalty. [5] Cuba supported the recommendation of Brazil. [6] Cuba stated that it would respond to the recommendations of Italy and Switzerland in due time. [7]
In its 2004 Annual Report, the Inter-American Commission on Human Rights expressed concern over the summary trials, death sentences, and executions of three prisoners in 2003, and suggested that these executions may have violated due process rights. [8]
References
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Additional Sources and Contacts
Direct member(s) of World Coalition Against the Death Penalty
Comisión Cubana de Derechos Humanos y Reconciliación Nacional (CCDHRN)
Mr. Elizardo Sánchez
Presidente del Consejo Ejecutivo
Avenida 21 # 3014 entre 30 y 34, Playa
11300
La Habana 13 Cuba
Tel: +53 7 2038584 /+53 5 245 8060
[email protected]
Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty
None.
Helpful Reports and Publications
Human Rights Watch’s report “New Castro, Same Cuba: Political Prisoners in the Post-Fidel Era” is helpful for its information on legal processes and prison conditions. The report was published on November 18, 2009, and is available at http://www.hrw.org/en/reports/2009/11/18/new-castro-same-cuba-0.
Additional notes regarding this country
None.