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CITIZEN PETITION TO THE NATIONAL ASSEMBLY OF PEOPLE’S POWER PRESENTATION OF A PROPOSED LAW FOR AMNESTY Havana, December 18, 2007 Mr. Ricardo Alarcón de Quesada President of the National Assembly of People’s Power Deputies of the National Assembly of People’s Power Esteemed compatriots: We, the Cuban citizenry, supported by article 63 of the Constitution of the Republic, present to you this Citizen’s Petition, with the following considerations on which it is based. CONSIDERING: That many citizens have been detained, jailed and sentenced for political motives, accused of violating Law 88 or various articles of the Penal Code, although these citizens had not planned nor committed any violent actions against any person or property. CONSIDERING: That the health of almost all of those citizens is seriously endangered. CONSIDERING: That many citizens have been detained and jailed without having committed any crime at all, on a supposed propensity to commit crimes, under the Index of Dangerousness covered in Title XI of Book I of the Penal Code. CONSIDERING: That article 63 of the Constitution guarantees that “all citizens have a right to direct complaints and petitions to the authorities and to receive adequate attention or reply within an appropriate timeframe in accordance with the law.” CONSIDERING: That article 88, clause g) of the Constitution recognizes that “the initiation of laws is the concern …of the citizenry. In this case it will be an indispensable requisite that at least ten thousand citizens that are registered voters exercise the initiative.” CONSIDERING: That more than twenty-five thousand voters, exercising their right to petition and the legal recognition granted in articles 63 and 88.g) of the Constitution respectively, we have presented to the National Assembly of People’s Power a proposed law, entitled the Varela Project, for a referendum on changes in the law, so that these fall in line with the Constitution. One of the points of this proposal demands that amnesty be declared for all who are detained, sentenced, and imprisoned for political motives who have not participated in acts against the life of any other person. CONSIDERING: That article 9 of the Constitution states that ““the State carries out the will of the working people and…guarantees the freedom and full dignity of man, the enjoyment of all rights, the exercise and fulfillment of duties, and the full development of his personality.” WE ASK: That the National Assembly of People’s Power discuss and approve the following Proposed Law for Amnesty.
Respectfully, Oswaldo José Payá Sardiñas Minervo Lázaro Chil Siret Peñón No. 221 between Monasterio Bldg. 19 Apt. 1106 and Ayuntamiento, Cerro, Havana Pastorita Neighborhood, Cienfuegos CI: 52022900800 CI: 72030211546 PROPOSED LAW FOR AMNESTY WHEREAS: Article 70 of the Constitution establishes that National Assembly of People’s Power “is the only entity with legislative… authority in the Republic;” WHEREAS: Article 75 of the Constitution enumerates among the responsibilities of the National Assembly of People’s Power, the responsibility to “approve...laws” and “concede amnesty.” NOW THEREFORE: The National Assembly of People’s Power, in wielding the authority which it is conferred in article 75, clause b) and t) of the Constitution of the Republic, adopts the following: LAW FOR AMNESTY ONLY CHAPTER ON AMNESTY ARTICLE 1 – The following will be granted this amnesty: All Cuban citizens that have not committed acts against lives of others and have been sentenced under the Law for the Protection of National Independence and the Cuban Economy (Law No. 88, February 16th, 1999). All Cuban citizens that have not committed acts against lives of others and have been sentenced under Article 91 of the Penal Code (Acts against the State’s Independence and its Territorial Integrity). ARTICLE 2 – This amnesty will also be granted to all Cuban citizens that that have not committed acts against lives of others and have been sentenced under the following articles of the Penal Code: Articles 95 and 96 (Revealing secrets concerning the Security of the State) Article 103 (Enemy Propaganda) Article 115 (Circulating False News that threatens International Peace) Article 125 (Other Acts against the Security of the State) Article 143 (Resistance) Article 144 (Contempt) Article 147 (Disobedience) Article 208 (Illegal Association) Article 209 (Illegal Gathering and Protest) Article 215 (Illegal Entry into National territory) Articles 216 and 217 (Illegal Exit from National Territory) ARTICLE 3- This amnesty will also be granted to: All Cuban military staff who, without planning or participating in violent acts or actions against the lives and integrity of others, have been accused of and sentenced for Desertion, Insubordination or Breaking the Norms related to the Service of Combat Guards, outlined in the Law of Military Crimes. All Cuban citizens that have been sentenced under article 171 of the Penal Code (Violations of the Rights Inherent to Military Service). ARTICLE 4 – This amnesty will also be given to all Cuban citizens, who without having committed illegal acts, have been imprisoned after being declared in a State of Danger for Antisocial Behavior, according to Title XI of Book I of the Penal Code. ARTICLE 5 – This amnesty will also be extended to those who have been accused of committing crimes and breaches within penitentiary establishments or reeducation centers while being imprisoned; they are granted this amnesty as they are covered under articles 1 and 4 of this Law. Those who have been sentenced for threatening the life or dignity of another and for drug trafficking will be exempt from amnesty. ARTICLE 6- The Amnesty will establishment the annulment of penal and civil responsibilities derived from the sentences imposed or that could have been imposed as principal or accessory charges. ARTICLE 7- The effects and benefits of this Amnesty are the following: The complete return of all civil and political rights to the sentenced citizens. The annulment of the criminal record of the sentenced citizen even if he/she has passed. ARTICLE 8- The Amnesty leaves annuls all judicial resolutions and administrative sentences that resulted in firings, punishments, limitation or suspension of worker’s rights, as a result of accusations mentioned in this law. All of those affected will be given the rights that they enjoyed at the time the law was applied and these measures had not been put into effect. ARTICLE 9- In each case, the application of Amnesty will correspond exclusively to the respective Judges, Trials and Judicial Authorities. They will adopt, according to the laws currently in force and without delay, the corresponding decisions to comply with this Law; regardless of the status of the process and its jurisdiction. The decision will be made under a maximum timeframe of 10 days. ARTICLE 10- The competent judicial authority will immediately order the release of those covered under this Amnesty who are being held in penitentiary establishments or under police custody. It will annul all orders of search and arrest for those declared to be in rebellion, as well as any orders of arrest for those who were under investigation. ARTICLE 11- The amnesty will be applied officially. Amnesty will also be applied through the request of an interested party, when the Amnesty has not been correctly applied, in any case, by the jurisdiction of the Public Prosecutor. The act of requesting Amnesty in the case of a delay or a lack of recognition will be made public. The refusal to release the beneficiaries from prison will be punishable by law for any prosecutor, official, prison authority, judge or tribunal that refuses to apply this Law. ARTICLE 12.1- The National Assembly of People’s Power will designate an Amnesty Commission for each province in the country, as well as another for the Special Municipality of the Isle Youth, which will represent the citizens living in those localities, and in the aforementioned Special Municipality respectively. The Amnesty Commissions will receive and decide on all requests for inclusion under the benefits that the Amnesty Law will grant. 2 – Complaints can be directly presented by those who were sentenced, military men and civilians, and on behalf of those on whom measures against pre-criminal tendency have been applied, directly or though family members or other citizens. 3 - Interested parties will be allowed to present complaints if their actions consisted of expressing written or verbal opinions, through written press, radio or any other communications medium; or if their actions consisted of exercising in peace other citizen rights and if their actions do not correspond with any of the crimes stipulated in the Penal Code or the laws that were applied to sentence them and impose upon them pre-criminal security measures. 4 - From the moment the Amnesty Commission receives a complaint it has a total of ninety (90) days to resolve it. If it considers that the complaint is valid, it will make its decision public and will communicate it immediately to the interested party, as well as to the competent judicial authority so that they can proceed according to what Articles 9 and 10 of this Law stipulate. ARTICLE 13- This Amnesty will be applied equally to: Those who remain in a penitentiary establishment serving prison sentences, Those serving sentences, under temporary imprisonment as a precautionary measure, Those detained in police stations or under police custody Those serving sentences through correctional work while imprisoned Those serving sentences through correctional work without imprisonment Those who are serving under terms of limited freedom Those who are under conditional freedom Those who are under extrapenal licenses Those who are conditional return to sentencing Those who are under house arrest Those who enjoy provisional freedom after paying bail Those who are under police investigation ARTICLE 14.1 – Only the crimes under articles 1 through 5 can be granted Amnesty 2- Other crimes will be granted Amnesty even if they are not included under articles 1 through 5 of this Law, in the event that the Amnesty Commission established under article 12, finds that relevant complaints are valid. SPECIAL REFERENCE ONLY: For the purpose of establishing the timeframes and terms referred in this Law, only natural days will be considered. FINAL RESOLUTION ONLY: This Amnesty Law will become effective immediately upon its approval by the National Assembly of People’s Power. 2—Quedarán amnistiados otros delitos, aunque no estén señalados en los artículos 1 al 5 de esta Ley, en los casos en que las Comisiones de Amnistía que se establecen en el artículo 12 de esta Ley, consideren que son justas las reclamaciones correspondientes.
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