The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-23
JUSTICE IN CUBA.
| The Prosecuting Attorney of Havana Points
| Out Reforms Urgently Needed.


HAVANA. July 15.-The Prosecuting Attorney
Fiscal Of the Audiencia or High Court OF the
Province OF Havana, Don Augusta Martinez
AyaIa. has Just submitted to the Fiscal OF the
Supreme Court OF the island a report on the
administration OF justice in Cuba. which con-
tains an interesting description OF the most
important reforms needed here in that de-
partment. Senior Ayala says that from Jan. l..
to June 80. 2.42O criminal cases were tried in
Havana province. and convictions obtained.
and that in l5OO cases the persons accused
we're discharged. He is not satisfied with this
result. because in his opinion not all the
acquitted deserved their liberty. and. on the
other hand. criminal proceedings have been
instituted In many cases most unjusty The
fault is not. Senior Ayala says. entirely that of
the Magistrates.
The Code Of Criminal Procedures is old and
defective. The Judges OF Primera Instancia.
or Magistrates. are in charge OF the investiRa-
ton OF the crimes, and friction often arises be-
tween them and the Fiscales. who. represent
ing the State. interfere also in the proceedings.
These are still secret, as in Spain's linguistic
rial tim es. While the indicted is held inco-
mmnicndo. not knowing the charges against
him. nor his accusers. he is not allowed to con-
suit with his counsel. The Judge. invested
with the supreme powers Of q Gar, is under no
obligation to explain any of his acts to any
other authority. Senior Ayala merely points
Cuba a Magistrate. Under pretext of inyesti-
eating a crime. satisfies his personal re-
or b ruins man hrnt to ss SAFETY an
ofcioles de Cdusos. who have no salary but
what they, can get from persons indicted. are
positions OF the witnesses. and naturally be-
come masters in the art OF making black white
The secret OF investigation. says Senior
Ayala is really no secret. i is secret only for
those who by al! preceptts Of humanity and JUS.
them. So many persons interfere in those
secret procsedings. from the "a Fiscal Fis and the
bano. or Secretary. that the secrecy is pract-
cally Joke. 1t is urgent. therefore. to modify
of issuing warrants OF arrest which do not
T"rsonal SAFETY IS a moekery in a country
midnight without knowing why and kept
many days incomunicado without be ing
allowed to send message to wife. friend or
Publicity in the decision Of the courts"
adds senior AyaIa, lis the most important re-
public eye it is very seldom that Magistrate
dares to commit an open injustice. That is the
only guarantee Of Justice which can be offered
to the citizens of a free country. good police
ia also needed to help in the investigation Of
crimes The municipal police is not enough.
detective. The municipal police organized by
Chief MrCullagh is giving very good results.
vestigaton Of crimes. The Spaniards who
framed tho law OF criminal procedure now
prevailing here after the French model took
from, the French all that is cruel and harbaric;
but did not initiate them in the organization OF
their wonderful detective system"
Senior Ayala has also great deal to say in
his report about the Penal Code now In force
here. 1t is the spanish Code OF 1870; an nnbso;
lete and even ridiculous work. The Fiscal
quotes a book published in Spain several years
ago under the title Of The Penal Code and
Common Sense" in which the great blunders
of that code were exposed. Senior Ayala thinks
that an urgent reform of the code is necessary,
and hopes that the American Government in
Cuba will effect it, Those laws Of Spain were
one Of the most important causes OF the revou-
tionary movements in Cuba against the Span
ish Government. Senior Ayala says also that
Gen. Brooke did well when he announced on
Jan. that Spain's civil and penal laws were to
continue in force because otherwise great dis
turbanceS might have occurred.
The reforms asked BY Senior Ayala are sup
posed TO be one Of the most important works
on which the Secretary Of Justice is engaged
now. The right OF habeas corpus and tho
other individual rights embodied in the Con
stitution Of the United States have been re-
p"atodly demanded by the press and public
opinion,