Some Gays Boast About Spies / Yaremis Flores

Mariela Castro, CENESEX director and Rene Gonzales, one of the "Cuban Five"

Mariela Castro, CENESEX director and Rene Gonzales, one of the “Cuban Five”

During this month the island is celebrating the sixth edition of the Cuban Day Against Homophobia. The LGBT (lesbian, gay, bisexual and transgender) community on the island, in their eternal struggle against rejection and exclusion, joins in an apparent cultural celebration organized by the government.

The smiling faces of several LGBT people, marking the day, suggests a satisfied community.

However, the government has not taken any firm steps with regard to respect for sexual rights. The island does not recognize same-sex couples let alone allow their adoption of children. No accusations of gender discrimination may be brought in the Cuban courts.

Under slogans like “Socialism yes, homophobia, no,” Mariela Castro, daughter of Cuban President Raul Castro and director of the National Sexual Education Center (and also a Deputy to the National Assembly), leads the activities of the day. Unofficial sources reported that some detractors of the Deputy were prevented from attending some events.

On the night of Saturday May 11, the Cuban Gala Against Homophobia was being held with the presence of Cuban agent Rene Gonzalez, who was officially recognized, as was reported in Granma, the Communist Party mouthpiece newspaper. Also, the Gala was chaired by the First Vice President of the Councils of State and Ministers, Miguel Diaz-Canel, and the President of the Cuban Union of Writers and Artists, Miguel Barnet.

“More than a cultural gala it appeared to be a political act,” said one gay college student attending the event. “There was a great presence of uniformed and plainclothes police. The performances of the transvestites (men who dress as women’s clothing as an art form) took place in front of photos of “The Five,” the student said in reference to the five spies sentenced in the United States.

According to this observer, the speakers of the evening repeated, “Long live diversity and freedom for the Cuban Five!” He questioned, “I do not understand what one thing has to do with the other, why do they flood our few spaces flooded political slogans?”

Lissy, an LGBT member, confessed her discomfort in one part of the gala in which a transvestite speaker, paraphrasing the famous gay expression (“Out of the way, Mirtha Medina*, Annia Linares* has arrived”), replaced it with “Out of the way, Obama, Mariela has arrived.”

“The worst thing is that many at the joke, I don’t know, but the most culture they had was the closing song by Los Van Van,” he said.

A gay intellectual who requested anonymity criticized that spaces for debate are only granted to discuss the issue of homosexuality in the context of the day. “There hasn’t been a lot of outreach about the activities and in many of the events there is little gay presence.”

According to this year’s report to the UN Universal Periodic Review, by the Cuban government, on the island they are “promoting respect for freedom of sexual orientation and gender identity.” Brazil recommended to the Cuban delegation that they expand the opportunities for dialogue and interaction on these issues. However, beyond dialogue, the Cuban LGBT community needs laws to protect their sexual rights.

May 17 is World Day Against Homophobia. In over 50 countries homosexuals are persecuted and in at least 8 they are sentenced to death. In other countries there is cause for celebration because of the advances with respect to their rights. We hope that this event will be held in Cuba without ideological manipulation and a common message: non-discrimination.

*Translator’s note: Both are Cuban singers.

Text taken from Cubanet and posted in Wendy and Ignacio’s blog

17 May 2013


Deputy Attorney General of Cuba Questions the Conviction of Inmate Michel Martinez Perez / Yaremis Flores / Laritza Diversent

07 SEPT 2012

Young man sentenced to 10 years for “illegal slaughter of cattle” based solely on evidence from a dog, granted new trial.

By Yaremis Flores

Carlos Raul Concepcion Rangel, Deputy Attorney General of the Republic of Cuba, asked the Supreme Court to review the penalty of 10 years imprisonment imposed on Michel Martinez Perez. The common prisoner has gone on hunger strike over 3 times, insisting on his innocence.

“There have been breaches and inaccuracies in the criminal proceedings,” Conception Rangel acknowledged in writing, in his request which was granted by the highest court on the island.

The Provincial Court of Matanzas, in March 2012 found Martínez Pérez, along with other defendants, responsible for the illegal slaughter of cattle, theft and robbery with force. The only evidence against him was an “odor print” taken at one of the crime scenes. Continue reading


Just Sitting Around Waiting for Internet Access / Yaremis Flores

cartel020213With another year of the period of pretend “reforms” implemented by the Government ending, free access to information remains distant and unchanged. Besides buying and selling homes and traveling abroad, internet access is one of the most anticipated changes Cubans.

However, in 2012 the Ministry of Informatics and Communications (MIC) issued no legal statute to open the possibility of connecting for individuals. One of the justifications most commonly tossed out was that “economic and technological constraints prevent a broader distribution of that service.”

At least twenty of the resolutions issued last year by the Minister of Information, Medardo Diaz Toledo, allowed the preparation and circulation of postcards and stamps in tribute to historical dates and events like Mother’s Day, Valentine’s Day , etc … But only one statute alluded to internet access. In May, the MIC charged the State-owned phone company ETECSA with the task of implementing programs to provide this service at the headquarters of state associations of disabled people.

Some speculate that the connection charge will be reduced to 6 CUC an hour, still excessive. Others, more optimistic, aspire to surf the web from home, a grace which, in Cuba, only high government officials and personalities linked to culture, science and sport enjoy.

A senior MIC official insisted that even with the installation of a fiber optic cable, it is impossible to guarantee massive internet access “due to internal problems of a technical and financial character.”

“There are many homes that still do not have telephones and the local computer platform will not support an avalanche of connectivity,” he said.

According to statements by Hilda Arias Perez, director of ETECSA Mobile Services — the only telecommunications company in Cuba — the island has more mobile phones than fixed.

“The total number of fixed telephone lines has reached 1,162,000, of which 109,000 correspond to the alternative fixed-line mode,” the official newspaper Granma announced on 18 January.

It also said that, “It is the country’s will to bring cellular service to the people.” Commercial activity for 2013 seeks to increase the number of mobile users, which amounts to about one 1,680,000.

Supposedly, the MIC is not focused on developing fixed lines, and so has to improve internet. So, Toledo Díaz reduced the rates for cellular telephony. In a short time it reduced the cost of the call from 60 to 45 cents CUC, and the cost of sending text messages from 16 to 9 cents CUC.

On January 11, the Official Gazette of the Republic published reduced the cost of voice calls from 45 to 35 cents a minute CUC.

In the last Universal Periodic Review, four years ago, the Cuban government accepted Vietnam’s recommendation about “improving information infrastructure for the benefit of society.” The government will be further reviewed at the Human Rights Council from 22 April to 3 May.

For now, only a select few have access to information. Access will continue to restrict digital pages that are “contrary to social interests, morals, good customs and affecting the integrity or security of the State,” and specific locations to connect to the network at prohibitive prices will be maintained.

A law that protects the free access to information on the Island? Might as well sit around waiting.

Translated from Diario de Cuba

2 February 2013


Academic Exchange on Law and Human Rights in Cuba / Estado de Sats

With the independent Cuban attorneys Yaremis Flores and Laritza Diversent (Cubalex), René Gómez Manzano (Agramontista Current), Antonio G. Rodiles (Mathematical Physicist) and students from the New York University Law School.


This video is 44 minutes long. There is a live interpreter translating the session into English in real time.

22 January 2013


Campaign for Another Cuba: Video #Cuba

This video is less than 4 minutes long.


Amnesty International Calls for the Release of Antonio Rodiles — Letter Campaign, YOU CAN HELP RIGHT NOW

Antonio and his friends and family in support. His parents are seated in the chairs.

URGENT ACTION

CUBAN MAN TARGETED FOR GOVERNMENT CRITICISM

Government critic Antonio Rodiles has been charged with “resisting authority”. It is believed the charges may be used to punish and prevent his peaceful criticism of Cuban government policies.

A coordinator of a civil society initiative calling on the government to ratify international human rights treaties, Antonio Rodiles, has been charged with “resisting authority” (resistencia). He has been placed in pre-trial detention (prisión provisional), but no date has been set for his trial.

Shortly after the arrest of the independent lawyer and journalist Yaremis Flores on 7 November, Antonio Rodiles, his wife and several other government critics went to the Department of State Security headquarters, know as Section 21 (i) in the neighbourhood of Marianao in Havana, to enquire after her whereabouts. Before they could reach the building they were approached by 20 people, all plain-clothed, as two officials from the Ministry of the Interior looked on. Antonio Rodiles was reportedly knocked to the ground and pinned down by four men. Several of the other activists were also manhandled and were forced into a police vehicle and sent to various police stations around Havana. All were released by 11 November, except Antonio Rodiles.

The Public Prosecutor’s Office (fiscalía) informed Antonio Rodiles’ wife on 14 November that he was being charged with “resisting authority” but a formal charge document has yet to be issued.

Antonio Rodiles is one of the coordinators of Citizen Demand for Another Cuba (Demanda Ciudadana Por Otra Cuba), an initiative calling for Cuba to ratify the International Covenant on Civil and Political Rights, as well as the International Covenant on Economic, Social and Cultural Rights, which the country signed in 2008. Amnesty International believes the charges against him may be being used to punish and prevent his peaceful activities as a government critic and is gathering further information on his case and treatment.

Please write immediately in Spanish or your own language:

  • Calling on the Cuban authorities to release Antonio Rodiles immediately and unconditionally if they are unable to substantiate the charges against him, and to investigate reports that he was ill-treated during his arrest;
  • Calling on them to immediately cease the harassment of all other citizens who peacefully exercise their rights to freedom of expression and association.Please write immediately in Spanish or your own language:
  • Calling on the Cuban authorities to release Antonio Rodiles immediately and unconditionally if they are unable to substantiate the charges against him, and to investigate reports that he was ill-treated during his arrest;
  • Calling on them to immediately cease the harassment of all other citizens who peacefully exercise their rights to freedom of expression and association.

PLEASE SEND APPEALS BEFORE 27 DECEMBER 2012 TO:

Head of State and Government
Raúl Castro Ruz
Presidente de la República de Cuba
La Habana, Cuba
Fax: +41 22 758 9431 (Cuba office in
Geneva); +1 212 779 1697 (via Cuban
Mission to UN)
Email: cuba@un.int (c/o Cuban Mission
to UN)
Salutation: Your Excellency

Attorney General
Dr. Darío Delgado Cura
Fiscal General de la República,
Fiscalía General de la República,
Amistad 552, e/Monte y Estrella,
Centro Habana,
La Habana, Cuba
Salutation: Dear Attorney General

And copies to:
Interior Minister
General Abelardo Coloma Ibarra
Ministro del Interior y Prisiones
Ministerio del Interior,
Plaza de la Revolución,
La Habana, Cuba
Fax: +1 212 779 1697 (via Cuban
Mission to UN)
Email: correominint@mn.mn.co.cu
Salutation: Your Excellency

Also send copies to diplomatic representatives accredited to your country
Please check with your section office if sending appeals after the above date.

ADDITIONAL INFORMATION

Journalist Yaremis Flores was held for 48 hours before being released without charge. During her detention she and was threatened with charges of “disseminating false information against international peace” (difusión de noticias falsas contra la paz internacional), which carries a prison sentence of one to four years, if she continued her work as a journalist.

Antonio Rodiles has been charged under Article 143 of the Cuban Criminal Code. This covers the offence of resistencia, which refers to resistance to public officials carrying out their duties and is often used to deal with alleged cases of resisting arrest.

Article 143 is broad enough to encompass non-violent forms of resistance; it is sometimes used in ways that unlawfully restrict freedom of expression.

On 20 June, Citizen Demand for Another Cuba handed in a petition with 500 signatures to the National Assembly of People’s Power (Asamblea Nacional del Poder Popular) – Cuba’s legislative body located in Havana – calling on the government to ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Along with the Universal Declaration of Human Rights, these covenants constitute the International Bill of Rights and are the key international human rights instruments. Since Cuba’s signing of both covenants in 2008, Amnesty International has called on the authorities to ratify them in order to bring them into force and begin their implementation.

Antonio Rodiles is also the coordinator of State of SATS (Estado de SATS), a forum which emerged in July 2010 to encourage debate on social, cultural and political issues.

Name: Antonio Rodiles
Gender : m
UA: 333/12 Index: AMR 25/026/2012 Issue Date: 15 November 2012

 


Reasoning with Antonio Rodiles / Reinaldo Escobar


Translator’s note: Our apologies for not having a subtitled version…

As of this afternoon the latest chapter of Citizens’ Reasons will be available, dedicated to discussing a topic that is abstract but essential: Legitimacy. Participating on this occasion are Dagoberto Valdés, Miriam Celaya, Antonio Rodiles and, as moderator, this humble servant who is pleased to announce the program.

Of particular interest is the presence of the animator of the space Estado de Sats — Antonio Rodiles — who was arrested just as we were finishing editing the chapter.

As its title indicates, this edition of Citizens’ Reasons tries to respond to the question of to what extent we citizens should recognize the legitimacy of the “current” Cuban government and what we must do from civil society to achieve our own legitimacy.

The arbitrary arrest of Antonio Rodiles occurred confronting a department of State Security while participating in a civic and peaceful action to inquire about the situation of the attorney Yaremis Flores. There he was brutally beaten, but it was not his attackers who had to answer to the law, but rather the victim, accused of “resisting arrest.” At the time of this writing the courts have not ruled on the matter.

This has been the reality that gives the context to what is discussed in the most recent chapter of Citizens’ Reasons. I recommend that you watch it.

16 November 2012


Hablemos Press Correspondent Calixto R. Martnez Will Be Charged for “Contempt for Authority” / Yaremes Flores, Cuban Legal Advisor

By Yaremis Flores

Independent journalist Calixto Ramón Martínez Arias continues to be jailed in the Santiago de las Vegas police station, and “will be charged with the crime of aggravated contempt for authority,” according to precinct captain Marisela.

On September 19 the captain referred to Hablemos Press Information Center correspondent as having “disrespected Fidel and Raúl Castro and said that the investigator in charge of the case was sub-Lieutenant Rosmerty.”

For 72 hours after the detention, the police kept the details about Martínez Arias’ arrest secret, after he was detained last Sunday night for investigating an event that took place at the International Airport José Martí. Presumably, the event holds the Cuban government responsible for the deterioration of medicines sent by the World Health Organization (WHO).

According to Roberto de Jesús Guerra Pérez, director of Hablemos Press, he and a group of friends showed up in the police station located at Avenidad Independencia and Calzada de Managua in the town of Santiago de las Vegas.

“The officer on duty at the station communicated to us that Calixto had been transferred to another station. We received no further details,” said Roberto. Nevertheless, according to the law, the police have the obligation to allow communication with the detainee.

For this reason, this Wednesday at one o’clock in the afternoon, at the Santiago de las Vegas police station, Roberto de Jesús and independent lawyer Veizant Boloy, demanded that information about Martínez Arias’ legal situation be given. “Last Monday they lied to us, because Calixto was in the station,” stated Roberto de Jesús.

“We asked the captain, Marisela, if we could see him and give him some toiletries, when a State Security agent named Yuri showed up, accompanied by another police officer. They asked us for identification and sent us to the cell,” explained Boloy after they were released that same day around midnight.

“As we walked down into the dungeons we yelled Calixto’s name, who was surprised to hear us and replied to us. We saw the wounds on his face, caused by the beatings inflicted by the police,” said both Guerra and Boloy.

“Our detention and everything that happened at the station took place under Major Arnaldo Espinoza’s watch, Unit Chief at the Santiago de las Vegas police station. His badge number was 00182. Although the ones that really give the orders are the State Security agents,” added Boloy.

According to information given this past Friday by Roberto de Jesús Guerra, Calixto R. Martínez was given medical attention at the National Hospital for a swollen left eye, and was transferred to a prison located to the West of the capital and known as “El Vivac.”

The Prosecution has not given notification as to when Calixto will be able to hire one of the lawyers from the National Organization of Lawyers’ Practice, who are the only ones authorized by the law to defend Cuban citizens in a Cuban court of law.

Calixto Ramón has been jailed on several occasions for his journalistic work, and has also been deported at least 12 times for remaining in Havana with an identity card that has an address from Camagey.

This time, the correspondent of Hablemos Press, who assured us his mission was “to break the wall of silence imposed by the island’s government and to denounce human rights violations,” could serve a sentence of 1 to 3 years in prison.

Translated by Eduardo Alemán

October 1 2012


Military Service and Religion in Cuba / Cuban Legal Advisor, Yaremis Flores

If you want to learn how Cuban laws discriminate on religious grounds, read the last post published by Cubalex:

Yaremis Flores, Attorney at Law

According to Cuban law, religious belief is not a justification for avoiding Military Service. Specifically, Circular No. 129 of the Governing Council of the People’s Supreme Court states that “young members of the Jehovah’s Witness sect who are called to active military service and refuse to perform this duty would be committing a criminal offense under the existing Criminal Code.”

The circular also stated:

1. The policy of sanctions to be applied in these cases should be the highest possible within the punishment guidelines.

2. Because the accused’s membership in this particular religious sect is not an element of the crime, the judgment should make no reference to that fact.

3. In cases where the penalty imposed is imprisonment, or correctional labor with internment, the acronym “JW” should be recorded in the upper margin of the commitment order that is delivered, in order that the agencies of the Interior Ministry responsible for carrying out the punishment will know the status of the punished accused.

According to the International Covenant on Civil and Political Rights all people are equal before the law and are entitled without any discrimination to equal protection of the law. Accordingly, the law should prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on the basis of race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birthplace, or any other social condition.

But the distinction made in the previous circular is discriminatory, and severely punishes people solely because of their religious beliefs.

September 8 2012


The Assemblies to Nominate Candidates Begin / Cuban Legal Advisor, Yaremis Flores

By Yaremis Flores

The summons for the citizens to attend the nomination of candidates assemblies are already spreading around the neighborhoods. Some are attending like robots, simply to make an appearance and so as not to be “branded” in the zone.

After the candidate election process, on October 21 they will elect the delegates, who are committed to communicate the community’s opinions and difficulties to the local Assembly and Administration. They must also inform their constituents about the resolutions adopted to solve those problems or the obstacles to doing so.

In practice, the only form of communication between the delegate and his electors is the Accountability Assembly. A bitter pill that the delegate swallows -in a two and a half year term- in an accumulated series of moans and complaints. The solutions are postponed, period after period, by each predecessor in the job.

The delegate cannot count on resources to directly fulfill the voters demands. He is only a mediator, who must endure -not infrequently- the insults of the population, due to the inefficiency of his management.

Local power is almost existent. At that level, there are no verifiable results of his management. Far from solving the local problems, he does the work of monitoring, like a Police sector chief.

In this sense, the delegate is compelled by the law to inform about illegal constructions and confront legal violations in entities of his district, especially against every corruption manifestation, improper use of resources and other felonies.

He is also entitled to control and supervise the activities of the entities of his jurisdiction, regardless the level of subordination; bound to contribute to the socialist legality and the internal order.

Translated by @Hachhe

September 7 2012


Accessing the Internet in Cuban Churches / Cuban Legal Advisor, Yaremis Flores

By Lic. Yarmis Flores

Liu, reader of this blog, asked the Office if Cuban churches one can have access to the internet. Since 1996, the Cuban government, has been clear about its policy with respect to full access to internet services, in Decree 209 of the Council of Ministers, “Access from the Republic of Cuba to Information Networks of Global Reach.”

The island’s government established its proposal to guarantee full access to the Internet, but in a regulated form and acting in the national interests, giving priority to the connection of people in the judiciary and the institutions of the most relevance to the life and development of the country.

All the users with access to the internet on the island, be they Cubans or foreign residents in Cuba, need authorization from the Ministry of Information and Communication (MIC).

In addition, the IP address has to be registered (the only addressing protocol of the Internet, assigned to each machine or device found on the network) and they are controlled by the Agency of Control and Supervision of the MIC. Penalties are imposed on those who don’t comply with this requirement, like the removal of the license to be an Internet user.

It is not recommended to access the Internetsecretly, because if the authorities suspect some irregularity in a church or religious group, an order is not required to carry out a search, because Article 217 of the Law of Legal Procedure establishes that “To enter and search a temple or other place intended for a religious group, handing a messageto the attention of theperson in charge is all that is required.”

Translated by: BW

August 28 2012