By Yaremis Flores

The increase in police reports and criminal trials held in the capital, were among the topics discussed a few weeks ago in a meeting among presidents of municipal courts in the former Audiencia de la Habana*, facing the Capitol.

A judge who participated in the meeting and requested anonymity, said that the filing of cases has doubled. “One of the objectives of the meeting was to strategize about the increase in crime in the capital Havana” he said.

“The Municipal Court in Central Havana has the most cases reported in the country,” confessed another judge, on condition of anonymity. However, according to figures from the National Statistics Office, until 31 December 2011, Centro Habana ranks eighth in population density, with 149,995 inhabitants.

“The Criminal Chamber of ordinary procedure (crimes carrying sentences of 1-3 years in prison) settled 132 cases this year, by July 2, similar to the number filed in 2011 up to December 12 of that year.”

“In the same court, the Criminal Chamber of summary procedure (offenses punishable with from 3 months to one year imprisonment) has already had 212 cases filed, while in 2011 it closed the year with 240 criminal cases, excluding 53 cases of complaints that are pending review,” the source said.

Police stations in Central Havana receive a total of 900 crime reports a month, the judge said, with threats, robbery with violence, theft between homosexuals, and carrying a weapon, are the most common crimes.

“By way of a solution, the police applied excessive fines to prevent cases reaching the Court. But they have imposed this measure on ex-offenders, contrary to the provisions of the Legal Code,” he said.

According to unofficial forecasts crime is expected to keep growing, with the celebration of carnival in Havana starting in mid-July. Traditionally in these celebrations, injury offenses and public disorder predominate even more.

*Translator’s note: The “Real Audiencia de la Habana” was a crown court established in 1838 when Cuba was under Spanish rule.

July 18 2012

Yaremis Flores

At least 25 retirees were fired by the Chief of the Basic Unit of Cooperative Production (UBPC), located in the town Merceditas, in Matanzas, 2 weeks ago. “The reason for the dismissals was the death of one of the elderly, after being trapped in a fire in the cane-growing area of the cooperative,” said Silvia, daughter of one of the unemployed.

According to the source, the deceased worker was trying to create a backfire (the method used to prevent the spread of the flames). But a wind gust spread the fire to surround him. “The firefighters never came. When they managed to put out the fire the man was already incinerated,” he said.

Enrique, age 60, is one of those affected by the layoffs. He had a monthly salary of 700 Cuban pesos (25 U.S. dollars). “We made up more than 70% of the workforce of the cooperative,” he said and asserted that the response of the managers, before the fatal incident occurred, was to fire the retirees. “Other UBPCs (basic units of agricultural production) like Hoyo Colorado in the town of Marti in Matanzas, have also initiated some unfair dismissals.”

The laid-off worker argued that “the bosses fear that there will be another death, or we will cause losses through carelessness.” But he claimed that he has never been disciplined for any misconduct during his employment.

Enrique receives monthly support of 300 Cuban pesos, about $10, as his pensionfrom the State. Senior citizens on the island have to subsist on a “little extra work” because the pension does not cover their basic needs.

In general, retirees in Cuba are hired for a limited time period. However, the labor law does not empower the managers to end the employment relationship without legal justification.

May 18 2012

By Yaremis Flores

The fate of Alberto Lairot Castro changed on August 28, 2007, when he was just 28 years old. Two soldiers, Hector Luis Osorio and Frank Ochoa Pérez Angulo, applied a technique not allowed in the self-defense programs of the Ministry of the Interior. It caused irreversible consequences.

The young man was celebrating that day at the Calixto Garcia Baseball Stadium in his native Holguin. He had drunk some alcoholic beverages, but had no weapons and hadn’t bothered anyone. He had a confrontation with some police officers and was taken to the city jail for an alleged crime of resistance.

At the station, the policemen took Lairot Castro to the holding area. Alberto refused to enter the cell. His large size necessitatedaction by several guards. Second Lieutenant Frank grabbed him from behind and immobilized him with a “Double Nelson” hold. Hector, the captain, took him by the feet. Both placed the prisoner in the call.

“I felt my neck snap. After a few minutes I started to scream because I didn’t feel my legs,” admitted Alberto, who had surgery immediately.

Medical terminology does not adequately convey the seriousness of the matter. It might be more understandable if I said that Alberto has a spinal cord injury and cannot move his legs. His muscles have atrophied. Immobilityhas predictably resulted in the appearance of bedsores.

The Military Prosecutor considered sufficient a sentence of 2 years in prison -conditionally suspended – as punishment for the police officersfor the crime of Serious Injury. At the hearing, doctors Jaime Oliveros and Frank Fernández concluded that the injury was caused by the use of the “Double Nelson” and the subsequent transfer to the jail cell.

But these statements were dismissed. The judges of the Military Court of Holguinnoted in their decision “the police applied the technique in a timely and professional manner.” They added that Lairot Castro caused his own injury bystruggling and resisting placement into the cell.

The defense attorneys invoked the innocence of the officers. They took refuge in the argument that “causing injury in the line of duty does not carry criminal responsibility.” That is the moment when any lawyer can be ashamed of their profession.

There was no shortage of praise for the accused. Referring to Perez Osorio the judges state “he fulfilled his duties as Deputy Chief of Police ofHolguín, has been a disciplined soldier, and is not violent.” As for Ochoa Angulo, “he enjoys prestige and authority, outstanding in the struggle against crime.” The opinion of the judges about Lairot Castro was different. “He was aggressive, well-known in the neighborhood for his physical strength, and wearing tight clothes to show off his muscles.”

The court acquitted the policemen. Nearly five years later, Alberto Lairot is still not well. His strength is deteriorating day after day, under the pained gaze of his mother, who remains with him in the hospital. His days as an athletic youth are past. But the deed remains unpunished.

May 14 2012

By Yaremis Flores

Members of the Rastafarian culture on our island are discriminated against by society and by the authorities. They are often linked to crime and deprivation. The Rasta Hector Riscart Mustelier, was arrested at dawn on November 16, 2011, as he left the National Cabaret, across from Central Park, after a performance of the musical group “Herencia” which he directs. The reason: an alleged crime of drug trafficking and resisting arrest. Possible punishment: 10 years in prison.

“The guards wanted to search me front of everyone. I asked them to handcuff and take me to the station. I am an artist and that is a violation of my honor,” said Hector, better known as ‘El Ñaño’. “A policeman was upset, he hit me and handcuffed me on the ground. My turban had fallen to the ground,” he said.

Law enforcement officers in Old Havana, participating in the arrest, acknowledged that the suspect that offered his identity card and then “in order to prevent the operation, he wriggled away, jerking his body. His turban covering his ‘dreadlocks’ (as Rastas wear their hair) came off, revealing two wrappers with 65 grams of marijuana,” according to the provisional findings of the Prosecutor, dated January 30, 2012.

The accusation relied on the statements of the policemen; according to them they had an undercover cop in the cabaret. However, Riscart said there were other interests that led to his arrest: “An officer of the National Drug Task Force identified as Yoandris, proposed that I work with him, I refused and he warned me that I was going to be sorry.”

Other “evidence” for the prosecution, is the detainee’s urine sample, the result confirms the consumption of marijuana — not punishable under Cuban law — but nothing proves the crime he’s charged with.

El Ñaño said his statement can be corroborated by the security cameras where he was arrested. “I demand the presentation of the film, which should be at the service of the citizens,” he said. But it is rumored that, coincidentally, the security cameras did not work that night. El Ñaño also reported that his lawyer was afraid to challenge the authorities.

The prosecution says the accused “was marketing the addictive substance inside the cabaret” but no money has been seized as a result of the apparent business. Neither did they find any drugs in a raid on his home. The prosecutor also said that the accused meets many drug traffickers, but omitted their names and as well as why these so-called “capos” are not in prison.

Yaremis Flores

The trial, held behind closed doors despite being a criminal offense not classified as closed to the public, was concluded on Friday April 13 at the Diez de Octobre Municipal Court rather than the Provincial Court of Havana, although this offense is its jurisdiction. It is expected that there is no new arbitrariness in the application of the law.

19 April 2011