The times., 1899-07-24
JUSTICE ~ CUBA.
The Prosecuting Attorney OF Hn,nnn
Points Oni Needed Refnruns


Havana, July 23.-The prosecuting at
torney fiscal, CT the Audiencia or High
Court of the Province of Havana, Don
Augusta Martinez Ayala, has just submit
ted to the fiscal of the Supreme Court OF
the island report on the admins trat on
OF justice in Cuba, which contains an in
teresting description OF the most important
reforms needed here in that department
Senior Ayala says that from January / to
June so, 2,i20 criminal cases were tried in
Havana province and convictions oh .aine l.
and that in 1900 cases the persons accused
were discharged. He is not satisfied with
this result because in mis- opinion not all
the acquitted deserved their liberty, and,
on the other hand, criminal proceedings
have been instituted in many cases mos.
unjustly. The fault is not. Senor Ayala
says, entirely thar of the magistrates.
The code of criminal procedures is old
and defective. The judges of primera in
stancia, or magistrates, are in charge OF
the investigation of the crimes, and fric-
tion often arises between them and the
fiscales, who,l representing the State, in
terfere also in the proceedings. These
are still secret, as in Spain's inquisitorial
times. While the Indicted is held inco-
municado. not knowing the charges against
him. nor his accusers. he is not allowed to
consult with his counsel. The judge. in
vested with the supreme powers OF
Car, is under no obligation to explain any
Of his acts to any other authority Senior
Ayala merely points out this evil, and does
not say how often in Cuba a magistrate.
under a pretext of investigating a crime,
satisfies his personal revenges, or ruins
man to satisfy enemy who gave the
judge a bribe. Clerks, known as oticiales
de causas, who have no salary but what
they can get from persons indicted, are
the unfaithful secretaries who write the
derositions of the witnesses, and naturally
become masters in the art of making black
white and white black.
The secret of investigation, says Senor
Ayala, is really no secret. II is secret
only for those who by all precepts OF
humanity and justice ought to know all
the charges against them. So many per-
sons interfere in those secret proceedings,
from the fiscal and the judge to the
alguacil and Official and escritano, or
secretary, that the secrecy is practically
joke. 1t is urgent therefore, to modify
the incomun!cado system, and also the
right of issuing warrants of arrest VIII ch
do not tell the charges against the per-
sons arrested. Personal safety is mock-
cry in a country where men can be thrown
into dungeon at midnight without know
ing why and kept many days inoomunicado
without being allowed to send message
to wife, friend, or counsel.
Publicity in the decision of the courts.
adds Senor Ayala, ''is the most important
reform needed. When the courts act be-
fore the public eye it is very seldom that
magistrate dares to commit an open inius-
tice. That is the only guarantee Of justice
which can be afforded to the citizens of
free country. A good police is also needed
TO help in the investigation of crimes. The
municipal police is not enough. There is
no such thing in Havana as an able de-
tective The municipal police organized
by Chief McCullagh is giving very good
results but it is not what the courts need
for the investigation of crimes. The Span
iards who framed the law Of criminal pro-
cedure now prevailing here after the
French model took from the French all that
is cruel and barbaric, but did not initiate
them in the organization of their wonderful
detective system
Senor Ayala has also a great deal 20 say
in his report about the penal code now in
force here. 1t is the Spanish code OF 1870.
an obsolete 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 1t. Those laws Of
Spain were one of the most important
causes of the revolutionary movements in
Cuba aginst the Spanish Government.
Senor Ayala says also that General Brooke
did well when he announced on January 1
that Spains civil and penal laws were to
continue in force. because otherwise great
disturbances might have occurred.
The reforms asked by SenOr Ayala are
supposed to be one of the most important
works on which the Secretary of Justice
is engaged now. The right of habeas cor
pus and the other individual rights embo-
died in the Constitution OF the United
States have been repeatedly demanded by
the press and public opinion.