Believe it or Not / Esperanza Rodriguez Bernal #Cuba

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Esperanza Rodríguez Bernal

As mentioned in previous works, the most common cases that come to the Law Association for help relate to the subject of housing.

It is interesting to note that most of the people that come to us for advice have already exhausted all other resources in search of a solution to their problem, and bring in documents with numerous letters addressed to different entities.

Thus, Ramon showed up at our headquarters very distressed because for approximately nine years he has been waiting for people who are living illegally in his house to leave.

To its credit, the resolution of the Municipal Housing Office for the municipality of Playa where in its First Resolve accedes to Roman’s interests and in consequence urges the occupants of said residence to abandon the property in 72 hours after the date of notification, otherwise they will be evicted with the help of the Revolutionary National Police (RNP).

In its own resolution, which notifies both parties, it is made known to them that against what the resolution itself provides, reclamation proceeds before the Chamber of the Civil and Administrative Popular Provincial Tribunal of the City of Havana (TPP).

Here is where the absurdity of absurdities begins for Ramon.  As expected the counterpart appealed to the TPP and as a result, it declared the counterpart’s pretext baseless.

Unhappy with the ruling of the TPP, the counterparty filed an Annulment Resource before the People’s Supreme Court, which upheld the TPP ruling.

Although Ramon has the judgment dated October 31, 2002 the TPP, which grants the right to occupy the property that is the subject of this litigation, the agency responsible for executing the same has ignored the ruling of the court of justice.

It is necessary here to clarify that all cases that come to our office with housing problems of this nature do not always have the same treatment: some, like the present case, can delay indefinitely eviction of the illegal occupants made, others however, at 72 hours, are unceremoniously evicted.

The obvious question then is, why in some cases are the resolutions quickly enforced in other cases with the same resolution it “sleeps the eternal sleeps”?

I tend to think that there is an “unknown” element involving either result in compliance with the judgments of the courts…although we find it hard to believe.

Translated by: Boston College CASA and RST

January 5 2013