Cuba

Constitutional Provisions

Article 46 of the 2019 Constitution of the Republic of Cuba guarantees that "All citizens have the right to life, physical and moral integrity, justice, [and] security". The right to life had not been protected in the earlier Constitution. According to Article 51: "People may not be subject to forced disappearance, torture, or cruel, inhumane, or degrading treatment or punishment."

Treaty Adherence

Global Treaties

Regional Treaties

National Legislation

Police Use of Force

There exists no formal legislation establishing the National Revolutionary Police in Cuba and there appears to be no legal provisions governing the use of force in the arrest of criminal suspects.

Police Oversight

There appears to be no external independent oversight body for the police in Cuba. 

In 2017, in its Concluding Observations on Cuba, the Committee on Enforced Disappearances regretted that Cuba had not established an independent national human rights institution compliant with the Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles).

Caselaw

Global

In its 2012 Concluding Observations on Cuba, the Committee against Torture stated that it 

remains seriously concerned about the continuing reports of arbitrary detention for short periods, the use of ambiguous criminal concepts such as “pre-criminal social dangerousness” to justify the imposition of security measures, restrictions on freedom of movement, intrusive surveillance, physical aggression and other acts of intimidation and harassment allegedly committed by officers of the National Revolutionary Police and members of State security bodies.

Regional

In its 2015 Annual Report, the Inter-American Commission on Human Rights criticised abuses by the Cuban Revolutionary National Police, in particular against political opponents, journalists, and LGBTI persons.

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