Fulgencio Batista
On January 1, 1959, following the abdication of power by Fulgencio Batista, Fidel Castro entered Havana as the revolutionary leader of the Republic of Cuba. The new year marked the end of the popular uprising against Batista that had begun on March 10, 1952, when Batista executed a military coup d’etat and suspended constitutional guarantees. The declared purpose of Batista’s opponents was to restore the 1940 Constitution.
1 This objective became the unifying banner under which Cubans fought and ultimately forced out Batista. The victory over Batista inspired hope that the Republic of Cuba would once again be governed by a constitution that expressed the will of the people. Unfortunately, history bears witness to the fact that Castro and his ministers betrayed the public trust.
Within days of seizing power, Castro began the process of illegally amending the Cuban Constitution.
The illegal amendments to the Cuban Constitution were part of a scheme orchestrated by the Castro revolutionary government to illegally confiscate and expropriate assets belonging to Cuban nationals and
1. International Commission of Jurists, Cuba and the Rule of Law (Geneva 1962), p.78.
foreign companies and individuals. These confiscated properties, worth billions of dollars, ranged from sugar mills and petroleum refineries to small businesses and private residences.
Castro’s rule has lasted for more than thirty-five years and one can only speculate as to when his regime will end. Nevertheless, as with the former communist bloc countries of Eastern Europe, Castro’s regime will come to an end. On that day, the Cuban people will have to grapple with important constitutional and legal issues arising from the Castro regime’s illegal confiscation of private property. The purpose of this paper is to highlight the private property rights
guaranteed in the 1940 Constitution and highlight the illegality of the Castro regime’s confiscations.
The violation of the constitutionally guaranteed private property rights will need to be addressed in a post-Castro Cuba.
Within days of seizing power, Castro began the process of illegally amending the Cuban Constitution.
The illegal amendments to the Cuban Constitution were part of a scheme orchestrated by the Castro revolutionary government to illegally confiscate and expropriate assets belonging to Cuban nationals and
1. International Commission of Jurists, Cuba and the Rule of Law (Geneva 1962), p.78.
foreign companies and individuals. These confiscated properties, worth billions of dollars, ranged from sugar mills and petroleum refineries to small businesses and private residences.
Castro’s rule has lasted for more than thirty-five years and one can only speculate as to when his regime will end. Nevertheless, as with the former communist bloc countries of Eastern Europe, Castro’s regime will come to an end. On that day, the Cuban people will have to grapple with important constitutional and legal issues arising from the Castro regime’s illegal confiscation of private property. The purpose of this paper is to highlight the private property rights
guaranteed in the 1940 Constitution and highlight the illegality of the Castro regime’s confiscations.
The violation of the constitutionally guaranteed private property rights will need to be addressed in a post-Castro Cuba.
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