On the 15th of July the second chamber of Civil and Administrative Law of the Provincial Court of the City of Havana summoned the incumbent Minister of Justice, María Esther Reus González, in the matter of the lawsuit filed by the Cuban Law Association (CLA)for denying their request for certification, a step that is indispensable for the legalisation of this organisation of independent lawyers.
The Cuban Law Association is an independent NGO (Non-Governmental Organisation). It was founded in October 2008 and provides legal advice to citizens on a non-profit basis. On three occasions State Security suspended courses on Cuban laws offered to the general public by the Association, which also seeks to increase the public´s awareness of the legal system.
The Registry of Associations at the Justice Ministry didn’t certify if there was another NGO in the country with the same name and purpose as the CLA in the time between April 2009 and March 2010. The independent lawyers brought the matter to the court after the Minister in charge of the Registry ignored an administrative appeal against its decision, made on the grounds of violation of procedure.
The lawsuit brought on June 24 was filed by the Court on the 29th. A week later the judge, Alfaro Guillén, and the lay judges Núñesz Valdés and Figueredo Ramos responded to the lawyers with a delay due to the Chamber´s excessive work load, demanding that they changed the wording of their motion´s terms.
The Court considered it inadmissible that the attorney Wilfredo Vallín Almeida, president of the Cuban Law Association, is acting on behalf of a legally unrecognised entity. The Cuban legal system considers any group not inscribed in the Registry of Associations of the Minister of Justice to be an “illicit association.”
As a matter of fact, the Associations Act (Law 54 from the 27th of December 1985) and its bylaws do not impose any formal requirements for the establishment of an association: the interested parties assemble in order to pursue a common goal and request their recognition as a legal entity by the State.
The writing of the judges demanded that the attorney Vallín bring the lawsuit as a private person and that the terms of the petition be changed to reflect the fact that the Justice Ministry has not responded to the request for certification. The judges declared the formulation “refusal to grant authorisation for the establishment an an association” used in the wording of the petition to be incoherent.
It is the the first time that a dissident organisation sues a representative of the government. This is an event without a precedence in the last fifty years of Cuban jurisprudence.
Note: See also “The lawsuit is getting ahead”: La demanda prosperó.
Photo: The Cuban Minister of Justice during her participation in a session on human rights in Geneva, Switzerland.
Translated by: undef
August 14, 2010