Submitted by Anglicanpolitics123 t3_yztzlf in history
One major feature historical feature of the Cuban revolution and its aftermath are the political trials and executions that took place. They are both well known and little understood historically at the same time. So here are some interesting historical facts surrounding these events.
The crimes of the Batista era, the Law of the Sierra, and the influence of the legal precedents of Spanish Law and Nuremberg
- It is well known that Castro and Che came into power overthrowing another dictator named Fulcencio Batista. According to analysis done by various groups, including the CIA at the time, "It [was] estimated that roughly 20,000 politically inspired murders and deaths during revolutionary action occurred during Batista's last term in office--March 1952 to 31 December 1958"(Political murders in Cuba--Batista Era Compared with Castro Regime, January 1963 CIA memorandum)
- This background is itself important because according to studies done on this period, "During the rebellion against Fulcencio Batista's, the general command of the rebel army led by Fidel Castro introduced into the liberated territories the 19th century Penal Law commonly known as Ley de la Sierra. This law included the death penalty for extremely serious crimes whether perpetrated by the dictatorship or by supporters of the revolution. In 1959 the revolutionary extended its application to the whole of the republic and to war criminals captured and tried after the war of liberation. This latter extension, supported by the majority of the population, followed the same procedures as the trials held by the Allies in Nuremberg after World War II"_Ramon Treto Gomez(Thirty Years of Cuban Revolutionary Penal Law, pg 115-116)
Out of the three, Che Guevara was surprisingly the most moderate when it came to the trials of that era
- Che Guevara has the reputation of being the most hardline out of those who led the Cuban revolutionary movement. In some respects he definitely was the most ideological compared to Castro, but when it came to the trials of the post revolutionary period he was surprisingly the most "moderate". Raul Castro at the time was the most ruthless in terms of being least likely to preside over trials that had due process. Fidel Castro presided over trials that typically involved bombastic speeches accompanied with calls for "to the wall" for the accused, which was pretty much a show trial.
- Che Guevara surprisingly by contrast did not presided over bombastic, show trial like judgements. According to scholars analysing this period, "He went over the cases with the judges and reached his final verdicts coldly and neutrally, on the basis of evidence alone. According to Borrego, Che too great care in selecting judges and prosecutors. For instance, rebels who had been mistreated were not allowed to pass judgement on their former torturers. 'There were sometimes prosecutors who were on the extreme left' Borrego explained. 'One had to moderate those who always asked for the death sentence'"_Jon Lee Anderson(Che, pg 371)
Both Fidel Castro and the Cuban revolutionaries were driven by the pressures of public opinion
- Scholarship on this period universally agrees that the trials of the Cuban revolution had public support. "There was little overt public opposition to the workings of the revolutionary justice. On the contrary. Batista's thugs had committed some sickening crimes and the Cuban public was in a lynching mood. Newspapers were full of morbid revelations and gruesome photographs of the horrors and brutalities that had taken place under Batista. Bohemia published snide interviews with suspects awaiting trial and provided sanctimonious captions to pictures of the executions"_Jon Lee Anderson (Che, pg 372)
- But it was simply that there was public "support" for the trials of the Cuban Revolution. There was in many cases active public pressure on the revolutionaries. Scholarship shows that "Despite the impression the U.S. media gave of the executions, there were some efforts to formalize, and even slow down, the trials. For example, on January 16, Raúl Castro announced that trials would be temporarily suspended in order to put together more convincing evidence against the defendants. The pace of executions may also have slowed as invitations were extended to several U.S. congressmen to attend the massive January 21 rally. As Castro warned, “Be assured that we are going to be much more benign than what the people want. . . . f we follow what the people want, we would have to shoot all the informers, which is a considerable quantity, but you can’t. One has to punish the exemplary cases, the minimum. For the rest, there are other punishments. Not everyone has to be shot'. But the public often felt the sentences were not harsh enough. As a tribunal member, Orlando Borrego, later recalled, people “thought the sentencing was too benign. . . . Sometimes one asked for [a sentence of] ten years and the people wanted it to be twenty.” Toward the end of the month trials were again delayed, and now appeals were permitted in all cases. Again the delays caused consternation, and soon new legal steps were taken to hasten the trials: the constitution was altered for ninety days in order to hasten detentions; prisoners were now allowed to be tried in any part of the island, not simply where the alleged crime had taken place; and six new courts were created in Havana to try war criminals. Meanwhile, local protests continued. In Manzanillo, when two soldiers received prison terms instead of death, and one corporal was acquitted, the decision sparked a two-day riot. In Santiago the acquittal of a notorious man provoked tumultuous protests; and when the Tribunal Superior de Guerra overturned the death sentence given by a local tribunal in Pinar del Rio, sentencing the three defendants to prison sentences instead, public outrage took on ominous overtones, including veiled references to the potential such decisions had to breed counterrevolution"_Michele Chase(A Century of Revolution: Insurgent and Counterinsurgent Violence During Latin America's Cold War/The Trials: Violence and Justice in the Aftermath of the Cuban Revolution, pg 182-183)
- Essentially what was said above was that when Castro would give a sentence that was considered not sufficiently harsh enough, he would face a backlash from the public which sometimes in some provinces in Cuba turned to protests and riots. Continuing in this vein the scholarship also states "In February 1959, in several towns in Oriente Province, local anger over what were considered insufficiently harsh sentences developed into organized protests, including a brief transportation strike and declarations to a local newspaper. Two rebel army commanders were sent to stop the disturbances and release a statement of warning '*The problem posited by the people of Palma Soriano, protesting because Revolutionary Justice is being applied slowly and benignly [con mucha demora y benigdad] has served to allow Contramaestre to use the same incorrect procedure [protests]. . . . We say it is incorrect because they are using the same demagogic methods from 20 years ago, using public agitation to get attention. [But] a popular government, a government whose leaders cannot be called politiqueros or demagogues, a government that is resolving as quickly as possible all the problems brought on by the disintegration of a corrupt state, a government that loves liberty, respects individual rights, and is incapable of using public force against the people, because it emerged from the people . . . a government like this cannot be blackmailed with demagogic protests, disturbances of public peace. . . . We responsibly demand . . . that there be no more acts such as those in Palma and Contramaestre. [We ask that] when some injustice is committed, you go to the corresponding organisms, and you will see that justice will be done quickly."_Michele Chase(A Century of Revolution: Insurgent and Counterinsurgent Violence During Latin America's Cold War/The Trials: Violence and Justice in the Aftermath of the Cuban Revolution, pg 183)
Historical memory of Cuban and Latin American history influenced the decisions of the trials
- For the Cuban revolutionaries historical memories would have had an impact on the trials of this era though for Fidel Castro the memories emphasized would have been slightly different from Che Guevara. Castro and the Cuban revolutionaries when conducting the trials of the Cuban revolution would have looked back to the events of 1933. Whats' called the Cuban Revolution of 1933. After the resignation of Cuban President Gerardo Machado, dissatisfaction grew with the provisional government that came after him. Essentially in the ensuing chaos that took place mob justice prevailed where the people took things into their own hands which created chaos and instability.
- Castro and the Cuban revolutionaries look on those events of the past in the 30s and it informed their decisions. They saw the political trials as a way to appease the people in order to prevent the chaos of past days from re-emerging, as mentioned. This perspective is affirmed in the scholarship that states "Those who were in Cuba then were well aware that if the revolutionary government had not at that moment applied severe legislation against the few hundred torturers, bombers and other brutal criminals long employed by the Batista regime, the people themselves would have taken justice into their own hands, as happened during the anti Machado rebellion, and thrown society into chaos"_Ramon Gomez Treto(Thirty Years of Cuban Revolutionary Penal Law, pg 116)
- For Che Guevara the emphasis would have been on his experiences in Guatemala and Argentina. Lets remember he was the international revolutionary of the group who famously travelled across Latin America on his motorcycle. Che was present in Guatemala during the Guatemalan revolution of Jacobo Arbenz in the 1950s. The Eisenhower Administration, defending the United Fruit Company, initiated a coup detat to overthrow Arbenz's regime. The key to the success of the coup was flooding the radio waves with propaganda and disinformation, and also getting key generals of the military to betray Arbenz, leading to his overthrow. Che was determine not to let that happen again. So to prevent a potential coup Che supported government control of the media to prevent CIA disinformation tactics as well as the trials of the revolution to purge the military of factions that could be used for a coup.
- Che's experience in Argentina was also a factor as well. It should be remembered that he was Argentine. And for most of his life till his early twenties he lived in Argentina. This included WWII. It is well known that after WWII Nazi war criminals and collaborators escaped the Nuremberg trials. And one of the destinations they headed to was Latin America, specifically Argentina under Juan and Eva Peron's government. The trials of the Cuban revolution took place 14 years after Nuremberg. In living memory. And just like how Nazi war criminals fled across the atlantic there was a fear that Batista war criminals would flee across the Caribbean(which they did).
- What's interesting to analyse in all of this are the motivations and perspectives. The memories of both of them would have been known to both and would have influenced both. But they emphasised different memories still. Castro approached the Cuban revolution's trials from a nationalist perspective. Che Guevara from an Internationalist perspective.
FeriQueen t1_ix2wvon wrote
A fascinating post! Thank you.