Never has a lawyer had to practice his profession under such difficult conditions; never has such a number of overwhelming irregularities been committed against an accused man. In this case, counsel and defendant are one and the same. As attorney he has not even been able to take a look at the indictment. As accused, for the past seventy-six days he has been locked away in solitary confinement, held totally and absolutely incommunicado, in violation of every human and legal right.
How to maintain all its false accusations? How to keep secret what had really happened, when so many young men were willing to risk everything – prison, torture and death, if necessary – in order that the truth be told before this Court?
From that moment on, the structure of lies the regime had erected about the events at Moncada Barracks began to collapse like a house of cards. As a result, the Prosecutor realized that keeping all those persons named as instigators in prison was completely absurd, and he requested their provisional release.
What is more, these devices were in any case quite useless; my brave comrades, with unprecedented patriotism, did their duty to the utmost.
Let me remind you, your laws of procedure provide that trials shall be ‘public hearings;’ however, the people have been barred altogether from this session of Court.
I am going to make only one request of this court; I trust it will be granted as a compensation for the many abuses and outrages the accused has had to tolerate without protection of the law.
The Honorable Prosecutor’s famous little article hardly deserves a minute of my time. I shall limit myself for the moment to a brief legal skirmish against it, because I want to clear the field for an assault against all the endless lies and deceits, the hypocrisy, conventionalism and moral cowardice that have set the stage for the crude comedy which since the 10th of March – and even before then – has been called Justice in Cuba.
I warn you, I am just beginning! If there is in your hearts a vestige of love for your country, love for humanity, love for justice, listen carefully. I know that I will be silenced for many years; I know that the regime will try to suppress the truth by all possible means; I know that there will be a conspiracy to bury me in oblivion. But my voice will not be stifled – it will rise from my breast even when I feel most alone, and my heart will give it all the fire that callous cowards deny it.
The final mobilization of men who came to this province from the most remote towns of the entire island was accomplished with admirable precision and in absolute secrecy.
Discipline among the soldiers was very poor. They finally defeated us because of their superior numbers – fifteen to one – and because of the protection afforded them by the defenses of the fortress. Our men were much better marksmen, as our enemies themselves conceded. There was a high degree of courage on both sides.
I need not deny here the stupid statements by Ugalde Carrillo and company, who tried to stain my name in an effort to mask their own cowardice, incompetence, and criminality. The facts are clear enough.
This brief explanation has been necessary because it is basic to a consideration to which few people, until now, have paid any attention – soldiers have a deep respect for the feelings of the majority of the people! During the Machado regime, in the same proportion as popular antipathy increased, the loyalty of the Army visibly decreased.
I want to be just above all else, so I can’t blame all the soldiers for the shameful crimes that stain a few evil and treacherous Army men. But every honorable and upstanding soldier who loves his career and his uniform is dutybound to demand and to fight for the cleansing of this guilt, to avenge this betrayal and to see the guilty punished. Otherwise the soldier’s uniform will forever be a mark of infamy instead of a source of pride.
But if blind to this sad truth, a minority of soldiers had decided to fight the people, the people who were going to liberate them from tyranny, victory still would have gone to the people.
This is how peoples fight when they want to win their freedom; they throw stones at airplanes and overturn tanks!
The five revolutionary laws that would have been proclaimed immediately after the capture of the Moncada Barracks and would have been broadcast to the nation by radio must be included in the indictment. It is possible that Colonel Chaviano may deliberately have destroyed these documents, but even if he has I remember them.
The second revolutionary law would give non-mortgageable and non-transferable ownership of the land to all tenant and subtenant farmers, lessees, share croppers and squatters who hold parcels of five caballerías of land or less, and the State would indemnify the former owners on the basis of the rental which they would have received for these parcels over a period of ten years.
This exposition may seem cold and theoretical if one does not know the shocking and tragic conditions of the country with regard to these six problems, along with the most humiliating political oppression.
With this background, is it not understandable that from May to December over a million persons are jobless and that Cuba, with a population of five and a half million, has a greater number of unemployed than France or Italy with a population of forty million each?
With these three projects and reforms, the problem of unemployment would automatically disappear and the task of improving public health and fighting against disease would become much less difficult.
The politicians spend millions buying off consciences, whereas a handful of Cubans who wanted to save their country’s honor had to face death barehanded for lack of funds. This shows how the country, to this very day, has been governed not by generous and dedicated men, but by political racketeers, the scum of our public life.
They did not even attempt to cover appearances. They did not bother in the least to conceal what they were doing. They thought they had deceived the people with their lies and they ended up deceiving themselves. They felt themselves lords and masters of the universe, with power over life and death. So the fear they had experienced upon our attack at daybreak was dissipated in a feast of corpses, in a drunken orgy of blood.
I know many details of the way in which these crimes were carried out, from the lips of some of the soldiers who, filled with shame, told me of the scenes they had witnessed.
They could not do the same in the Spanish Clinic, where Gustavo Arcos and José Ponce were patients, because they were prevented by Dr. Posada who bravely told them they could enter only over his dead body.
I wish to state for the record here that all the victims’ pockets were picked to the very last penny and that all their personal effects, rings and watches, were stripped from their bodies and are brazenly being worn today by their assassins.
But what honor was earned by the soldiers who died in battle was lost by the generals who ordered prisoners to be killed after they surrendered. Men who became generals overnight, without ever having fired a shot; men who bought their stars with high treason against their country; men who ordered the execution of prisoners taken in battles in which they didn’t even participate: these are the generals of the 10th of March – generals who would not even have been fit to drive the mules that carried the equipment in Antonio Maceo’s army.
Weyler’s intervention in this horrible incident and his delight upon learning the details of the massacre may be palpably deduced from the official dispatch that he sent to the Ministry of War concerning these cruelties. “Small column organized by commander Marianao with forces from garrison, volunteers and firemen led by Captain Calvo, fought and destroyed bands of Villanueva and Baldomero Acosta near Punta Brava, killing twenty of theirs, who were handed over to Mayor of Guatao for burial, and taking fifteen prisoners, one of them wounded, we assume there are many wounded among them. One of ours suffered critical wounds, some suffered light bruises and wounds. Weyler.”‘
For my dead comrades, I claim no vengeance. Since their lives were priceless, the murderers could not pay for them even with their own lives. It is not by blood that we may redeem the lives of those who died for their country. The happiness of their people is the only tribute worthy of them.
Poor country! One morning the citizens woke up dismayed; under the cover of night, while the people slept, the ghosts of the past had conspired and has seized the citizenry by its hands, its feet, and its neck. That grip, those claws were familiar: those jaws, those death-dealing scythes, those boots. No; it was no nightmare; it was a sad and terrible reality: a man named Fulgencio Batista had just perpetrated the appalling crime that no one had expected.
You will answer that on the former occasion the Courts failed to act because force prevented them from doing so. Well then, confess, this time force will compel you to condemn me. The first time you were unable to punish the guilty; now you will be compelled to punish the innocent. The maiden of justice twice raped.
Lacking even the most elementary revolutionary content, Batista’s regime represents in every respect a 20 year regression for Cuba. Batista’s regime has exacted a high price from all of us, but primarily from the humble classes which are suffering hunger and misery.
Not once in all the cases I have mentioned, Honorable Judges, have the agents responsible for these crimes been brought to Court to be tried for them. How is this? Was this not to be the regime of public order, peace and respect for human life?
The Constitution is understood to be the basic and supreme law of the nation, to define the country’s political structure, regulate the functioning of its government agencies, and determine the limits of their activities. It must be stable, enduring and, to a certain extent, inflexible.
What is more, it was not simply a matter of usurping sovereignty at a given moment in order to name a Cabinet, Generals and a President. This man ascribed to himself, through these Statutes, not only absolute control of the nation, but also the power of life and death over every citizen – control, in fact, over the very existence of the nation. Because of this, I maintain that the position of the Court of Social and Constitutional Rights is not only treacherous, vile, cowardly and repugnant, but also absurd.
As the Court of Social and Constitutional Rights has accepted this state of affairs, what more are they waiting for? They may as well hang up their judicial robes. It is a fundamental principle of general law that there can be no constitutional status where the constitutional and legislative powers reside in the same body. When the Cabinet makes the laws, the decrees and the rules – and at the same time has the power to change the Constitution in a moment of time – then I ask you: why do we need a Court of Social and Constitutional Rights?
It was so in the theocratic monarchies of remote antiquity. In China it was almost a constitutional principle that when a king governed rudely and despotically he should be deposed and replaced by a virtuous prince.
In the Middle Ages, John Salisbury in his Book of the Statesman says that when a prince does not govern according to law and degenerates into a tyrant, violent overthrow is legitimate and justifiable. He recommends for tyrants the dagger rather than poison.
Thus far, Honorable Judges, I have mentioned examples from antiquity, from the Middle Ages, and from the beginnings of our times. I selected these examples from writers of all creeds. What is more, you can see that the right to rebellion is at the very root of Cuba’s existence as a nation. By virtue of it you are today able to appear in the robes of Cuban Judges. Would it be that those garments really served the cause of justice!
The people’s right to rebel has been opposed only by reactionaries like that clergyman of Virginia, Jonathan Boucher, who said: ‘The right to rebel is a censurable doctrine derived from Lucifer, the father of rebellions.’
I know that imprisonment will be harder for me than it has ever been for anyone, filled with cowardly threats and hideous cruelty. But I do not fear prison, as I do not fear the fury of the miserable tyrant who took the lives of 70 of my comrades. Condemn me. It does not matter. History will absolve me.
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