Analysing What’s Happened / Cuban Law Association, Wilfredo Vallín Almeida

By Wilfredo Vallín Almeida

It’s good news. People like Yoani Sánchez, Eliecer Ávila and Berta Soler find themselves abroad enjoying a right which was denied for fifty years

In the Asociación Jurídica Cubana (Cuban Law Association) we are always happy to receive everything which implies more liberty for the Cuban people, without closing our eyes to the problems which continue to be presented by government decisions, especially when there continue to be unclear or arbitrary legal positions.

Let me explain

In the year 2003, 75 people were accused of crimes against the Cuban state. Tried immediately, they were condemned to different and severe prison sentences. During the following seven years they were all freed.

In relation to that something is happening which I would like to share with our readers, but which will require more than one post, and because of that, in this one I want to set out essential introductory elements to help with this analysis

For someone in jail, who hasn’t completed their sentence, there are two ways of waiving the remaining term and going free. They are:

A reprieve

An amnesty

In the case of a reprieve, they extinguish the criminal responsibility and it is construed as pardoning the penalty which was applied to the person. If it is a complete reprieve, they extinguish the prisoner’s entire sentence. If it is a parcial reprieve, part of the prisoner’s penalty disappears or they change it for more minor sanctions.

A reprieve applies to one individual person. In order for it to have effect, it is necessary to have an administrative act and a firm sentence and you don’t necessarily have to extinguish the preceding penalties of the individual in question. Normally the possibility of a reprieve (also known as “The Law of Pardon”) rests in the hands of important representatives of the State.

As far as an amnesty is concerned, it doesn’t refer to the penalty, but to the offence itself. It relates to all those who have committed it, not to particular individuals, it extinguishes total criminal responsibility and eliminates the preceding penalties in removing the criminal status.

In he case of an amnesty, it is necessary to pass a law in order to arrange it, and it extinguishes the antecedent penalties of the individuals involved given that it covers all who committed the crime and not particular individuals.

The amnesty is used above all for political offences and not normal crimes.

With these elements, we are ready for an analysis of what has happened.

Translated by GH

24 April 2013


Cuba 360 / Rafael Rodriguez

Civic political project “Cuba 360″

For years we have we have been getting on with the opposition movement and we have never left off giving our support, however modest, to the cause of the democratisation of Cuba. It is a constant focus maintained by all those who are involved in the destiny of our country, in spite of the multiple difficulties we have to deal with in developing our work.

It is evident to us how slow it is for our work to actually germinate as a result of the continuous boycotting by the political police, but even so we never stop fertilising and watering our seed for the good of the nation. this time we are drawing up a programme with a multidimensional architecture with the aim of achieving the intercommunication and respectful debate between Cubans and the sustained and total articulation with the civil society in general by way of the executive project “Seedbed”.

With this project we try to outline to people what is our constructive and legitimate message – like all democratic opposition tries to do – to demonstrate to them the different alternatives of hope and reconciliation which exist in and for Cuba.

One option for Cuban society is  simulation, indolence, emigration and irresponsible obedience and, as we indicate in the project, another is the ambitious objective of “transforming each subject into one who acts out his own personal and national destiny.”

Here I leave you with the link to read the promotional brochure of “Cuba 360.”

Translated by GH

1 May 2013


Operation Truth – Video / Eliecer Avila and Yoani Sanchez

Operation Truth Video & Transcript

Site manager: We decided not to subtitle the video itself, given its length and poor sound quality, so a transcript is provided below and can be downloaded here.  The video of Eliecer’s encounter with Ricardo Alarcon is available subtitled in English here.

Yoani Sánchez: It’s a pleasure to be with you and share an interview with Eliécer Ávila. Eliécer is an Information Scientist, but in recent years has been best known for his political and social action in Cuba. He is also the producer of the alternative television program “One More Cuban” and in the year 2008, for those who remember it, in the Universidad de Ciencias Informáticas (UCI) (Information Sciences University).  Eliécer had a question and answer session with Ricardo Alarcón, President of the National Assembly.

(Excerpt of video between Eliecer and Ricardo Alarcon)

Eliécer Ávila: OK, let me introduce myself, I am Eliécer Ávila, Faculty No. 2, leader of the “Technological and Political Surveillance” Project, which is one of the specialties of Operation Truth). What we are looking at here is the constant monitoring of the internet and our mission of reporting and fighting in this area.

Yoani Sánchez: What is and what has been Operation Truth?

Eliécer Ávila: Operation Truth is a project that stems from an “activity” of the UJC (Young Communist League). An “activity” (for non-Cubans here) is a meeting of the key militants and UJC teams of all the UCI brigades, which they hold periodically, about once or twice a year as I recall, in the Palace of Conventions.

The Minister of Culture, Abel Prieto, was invited to one of these activities and, among other things, he explained that currently they were pursuing another campaign of defamation and that kind of thing, and then a student … (after the announcement Prieto played the university card, to use the students to express the Revolution’s opinion on the theme they were discussing. … a student proposed creating a project organized in the UCI,  which was the university most technically able to do it, to send out to the world the truth about Cuba, the truth put forward by the government about Cuba. Also the context of the Five Heroes. The second important objective of the Operation Truth Project was to tell the world about the Cuban vision regarding the Five Heroes.

Roughly in what year was the Operation Truth started?

I think it was 2007-2008

It was exactly in that period, in early 2008, if I’m not mistaken, when the conversation occurred between Ricardo Alarcón and a group of students of the UCI, and you in particular, pretty much in the same time period.

I think the Project had been going some months because it was then fairly well developed and they had gained a lot of experience. There was already a signed document of the Project at that time. It had been in operation for some time. Continue reading


90% of the private cars in Cuba don’t offer any protection to drivers and passengers / Anddy Sierra Alvarez

Most of the private cars in Cuba are old, built around 1939, 1941, 1955 etc. None of them have seat belts or airbags, which increases the number of fatalities in an accident.

Private cars don’t have seat belts or airbags at the steering wheel. Also government vehicles are like this too, and their passengers a vulnerable in any accident.

A government driver in the Instituto Nacional de Educación Física y Recreación (INDER), who preferred to remain anonymous says “I have been driving a (Russian made) Lada 2107 for two years and it hasn’t had seat belts since the day they gave it to me.”

A mounted policeman explained that most of the traffic is made up of old cars. “Many of the old cars have brakes which rely on water with detergent in place of proper brake fluid” explained the traffic cop.

Ricardo López, 35-years-old, says he has a friend who places his trust in water and detergent rather than spend money on brake fluid. “The reality is that drivers trying to save money don’t buy brake fluid,” added López

The modifications to the old cars: exchanged motors, transmissions, gearboxes, and even loss of the structure of the vehicle in order to get more people in. These things are everywhere in the streets offering private transport services, “But nobody bothers about safety,” says Carlos Ramírez, aged 42, a passenger.

Adrian González, 32, comments that the car he is driving is a ’52 Chevrolet, “the car has had its chassis modified to carry more people,” says González

An accident in Independence Avenue (Boyeros) is usually catastrophic.

Independence Avenue is one of the roads where you get many old adapted cars, which are made into racing cars and which are driven at excessive speed.

Private cars are mostly ancient machines with a very rigid chassis which in turn adds to the danger because they it do not absorb the force of the impact, while modern cars are designed to absorb the force of impact, as well as having the benefit of seat belts and air bags on the steering wheel.

But not everyone has the opportunity to buy a one- to three-year-old car. The economy doesn’t permit it, the old crates are more affordable in terms of paying back the loan.

Translated by GH

25 March 2013


Easy / Rosa Maria Rodriguez

Cubans line up in Havana to pay their respects on the death of Hugo Chavez

The dynamics of modern life offer lots of reasons to reject stagnation in human activity. Because of that historically Cubans emigrate en masse to wherever there are more lively sociopolitical and economic rhythms, although afterwards we complain about the fast pace of life and “how hard you have to work” in other countries. Those who go away email us about the compensations, or they tell us about it with their own voice when they come to visit a relative who has remained penniless in this country. Many of our countrymen say that when they come to Cuba they have the impression that they are flying back in time to an earlier age. “Nothing seems to move forward here”, they say and comment that “whatever they do is so slow that you can’t notice it.” They add that where they have come from everything goes forward quickly and efficiently. Some foreigners are more diplomatic and prefer not to comment about our way of getting along by way of cars pulled by mental horses in the age of nanotechnology.

An ancient lyric of the disappeared musician and composer Ignacio Piñeiro, went “slowly is more enjoyable”. Of course he was using a crafty double reference to Cuban dance music, because in many other respects  – before as well as now – this statement is counterproductive. For example: imagine you are waiting to go into an establishment which prices things in dollars and that the cashier keeps the queue waiting while he or she is counting money. Why are they always doing that in shops in Havana? At different times of day and in different towns they do the same thing: as an indication of contempt they delay all the customers who are keen to buy things and leave. Why do they have to do all this counting? Why can’t they do it at the end of the day? Some suspicious people in the line in a shop the other day commented that they do it to keep on top of things and take money out to make sure they have no surplus in the event of a surprise audit.

I would like to share with my readers and visitors my view that we live “conveniently” slowly at the pace which suits a government interested in its own permanence. It’s always been like that, and the previous president, to aid his personal war against the United States, favoured an irrational obstinacy which ruined Cuba and which today is moving closer to the future annexation which he was supposedly trying to prevent. The change in mentality which they talk about now, in the form of the latest and most manipulative slogan, is just like the education which is provided free at the price of eternal submission, in order to justify what is unjust and badly done. We shouldn’t show impatience  because we are made to wait, if this long oppressive line, after outrages and repeated screw-ups, now looks as if it is beginning to move forward. We’ve only had to wait 54 years.

 Translated by GH

26 March 2013


About Leaders and Responsibilities / Cuban Law Association, Lic. Rodrigo Chavez

Lic. Rodrigo Chávez

In the newspaper Granma, an article published with the title “About leaders and responsibilities”, by Félix López, makes it clear that a well-known old Cuban proverb “the rope breaks at the weakest point” would be ideal for this article.

How many of us who have always been subordinates have carried the blame for something which we had nothing to do with? And I say subordinate because whenever we have a superior, we are inevitably subordinate.

Say to yourself crime, contravention or indiscipline, they categorise and describe actions in this way because they are gathered up in legal regulations, but what’s for sure is that as a general rule, when regulations go unobserved, and are breached, usually the weight of the law falls on or breaks the weakest point: the “subordinate”.

Is it the workers who designate or choose their bosses? That’s as untrue as the belief that in the Management Board of any Employment Centre, the chief feels he is subject to the same conditions as his employees. Going to any Management Council is like being in the presence of a contract of adhesion “take it or leave it” – and to tell you the truth, we can understand even better than the people who work there that the chief has his entourage, incapable of or prevented from disagreeing with the decision of the supremo, except in rare circumstances, which are always viewed with disapproval and in terms of whingeing, trouble-making or out to make problems.

What can you say when a chief takes disciplinary measures against a subordinate and the latter complains to the Employment Law Authority (OJLB)? It would be a bit awkward if the worker were to leave victorious after the confrontation, because both he and the OJLB are employees and who would think of going against the wishes of the chief they will ask  themselves. “Who will guarantee my employment if we let the worker win?” Because although the regulations say that the Authority has to comply with the law when carrying out its functions, when the function of delivering justice gets to the decision, will they continue being employed?

When you get to a work location trying to work and experiencing difficulties, you will find out who is the Chief, Manager, Director, Administator… perhaps you will be lucky enough to see him and hear him from a distance at a meeting, but you also learn that this individual has been shifted out … how is this person supposed to know about the activities he has been asked to run? How are things going to operate? There are lots of unanswered questions, and anybody who is able to answer them does not do so.

Translated by GH

23 March 2013


Travelling Without Money / Rebeca Monzo

clip_image002From the moment you know that one of the above mentioned wants to invite you, the Odyssey begins: expensive procedures, paperwork and disbursements, occasionally excessive (in relation to our country), insurance policy if you are travelling to Europe, the cost of the visa, etc. Anyway, all these procedures and payments have to be carried out in CUC, the hard currency, which is precisely not what your salary or pension is paid in. That’s without taking account of the fact that the ticket has to be paid for by the person inviting you.

Many people will say to you before you set off on your outbound trip: listen, when you are over there, take the opportunity and connect to the internet, and bring everything you can, because this is your first trip of the year and here you pay on entering in Cuban pesos.

What nobody tells you and what you have to be very clear about is that you can connect when your host lends you his computer, and that the excess baggage which is very expensive is paid for in the country where you board, not where you arrive. And believe me it would be too unfair to also charge this expense to your hosts’ account!

Generally speaking most of us travel with hardly even any change in our pocket, which can be very worrying. You can be sure that you are going to be waiting around at the airport because with what you’ve got you can’t afford a taxi, as well as the likelihood that any rascal, seeing your worried face, will try to take advantage of you.

Once you’ve got to your destination and having had the happiness of seeing faces you know waiting for you, you begin the other stage of your journey: accommodation. You need to accept your host’s arrangements with a smile on your lips, in order not to put him to more inconvenience or expense.

You will enjoy all the meals and outings which they have planned and you will offer infinite thanks for all the presents they give you, even if you don’t like them or they are not your size in terms of clothing, because you are also thinking at that moment of the friends you have left on your planet to whom you would like to take back something.

Among your excursions there will definitely be included a visit to a big shopping mall, and your eyes will pop when you see the great quantity and variety of things on sale. At that moment you will recognise how wretched you feel about not having the funds to pay for something you have needed or fancied for a long time. Try as hard as possible to resist a visit to IKEA because going there could give you a heart attack.

After enjoying yourself like a little kid who is given presents, you come to the moment when you have to go back to your real world. That’s when the big problem begins. maybe three days before your return date you will feel a stomach pain and will feel nervous or stressed thinking about how you are going to fit in the suitcase they have lent you all the things you have been given. You don’t have the money to pay for excess baggage, and it would be very painful to leave it

… because you need it to buy food on your return. At that moment your coat (if you took your trip in winter)

… which they have given you will be very heavy and you will have to wear it going back even though it’s hot.

Finally, when you arrive, you will suffer with a mixture of impatience and relief, the huge line you have to wait in order to get thru Cuban customs, something you have forgotten about, due to the speed with which you got thru in the other countries.

Some good neighbour will be waiting for you on your arrival, with the loaves of bread, which are entered in your ration book and which he has been good enough to keep for you.

Translated by GH

12 March 2013


Abandon all hope ye who enter here / Lilianne Ruíz

00-hugo-chavez-venezuela-08-03-13-300x200On March 5 Cuban TV aired the speech of Nicolas Maduro, the Venezuelan vice-president, where he announced to the world the death of Hugo Chavez; the perspective of Cubans turned toward the future, one that many perceive as tragic with regards to the economy, and that others perceive as hopeful from the political point of view.

The same thing is happening in Venezuela on a different scale. Cubans today share the only equality Socialism can provide, which is powerlessness against the Socialist State. In the Venezuelan case they have not yet reached the point where it is difficult to reverse; they are still going through the seductive chapter of the process.

In Maduro’s speech he emphasized the word “peace” in the doubtful context of the simultaneous announcement of the “deployment of the Armed Forces and the ’Bolivarian’ Police’” to “protect citizens and ensure peace and respect,” making ourselves into “vigilantes” (of peace). Again Maduro reiterated the same word, inviting people to “channel the pain in peace,” calling for the mobilization: “we shall gather in the squares, the people and the Armed Forces.”

In Cuba, there was not a single statement of opposition to Chavism in Venezuela to be seen. Despite the multi-state TV channel Telesur transmitting 24 hours on the Educational Channel 2 on Cuban television.

The mention of the opposition is always associated with conflict. In the broadcast of the March 7, in response to the question, “How is the country’s security?” a General answered, “On the alert, (the opposition) will always be conspiring,” adding, “all the people are in the street defending the Revolution,” and once more he spoke in terms of “deployment” of the intelligence services and the military.

“The Chavista people are united,” Diosdado Cabello said. While Elias Jaua, the current Venezuelan Foreign Minister affirmed, “The people want to continue constructing socialism.”

Cristina Fernandez, Argentina’s president, told Telesur: “This extraordinary concentration ratifies the massive support for Chavez,” referring to what the broadcaster defined as the “red tide” that accompanied the presidential coffin to the Military Academy where his wake is still being held, for 7 days.

More disconcerting still was the statement made by Nicolas Maduro about Chavez’s body, that “it will be embalmed, like Lenin’s.”

The propaganda of “21t century socialism” affirms that it intends to empower the people, down to the very poorest. For Cubans this hasn’t meant anything other than giving up all human rights, in return for receiving – as the crowning achievement of the utopia – a good ration of food, education teaching you to read and write, but which doesn’t favor your learning to think with liberty of conscience, and medical services.

That is to say, social security – which should be the function of any State whatever its political color – in exchange for liberty. Look at the almost religious exaltation of the leader, the emotional link, the comparison with “a father”, which will guarantee on a long term basis the complicated psychological phenomenon of a people submerged in slavery.

In the same way that in socialism (Leninist, Castroist, Chavista) the right to political freedom ends up exterminated; the same applies to economic freedom, because of their close relationship.

Using an allegory, the inclusion of what is called “21st century socialism” there is nothing other than an opening the mouth of the bag to the size necessary to take in more people and, eventually, the majority of votes in the elections (only when the members of whatever Socialist politburo feel obliged to organize free elections); after which, when everybody is inside the bag, the State terror will start to seal up its mouth and the end product will be comparable with the inscription which appears at the entrance to Dante’s “Inferno”: “Abandon hope all ye who enter here”.

Venezuelans perhaps still can’t understand that the cult of the leader, alive or dead, establishes hideous social relations between those in power and the public which has been shaped to believe, and to ensure that all popular opinion believes, in a false idyll between the two parties, which results in just one power – the State. They still can’t understand that peace is in conflict with surveillance. And that one day they won’t have the freedom to choose.

Translated by GH

15 March 2013


The number of political prisoners in Cuba is doubling: the case of Angel Santiesteban / Angel Santiesteban

Angel Santiesteban

Angel Santiesteban

By El Manisero (The Peanut Seller)

In this article, our Cuban contributor condemns Ángel Santiesteban’s prison sentence and the grave situation regarding political prisoners in Cuba.

The Human Rights and National Reconciliation Commission recently published a report about political prisoners of the dictatorial regime of the Castro brothers, which was made known by its spokesman, Elizardo Sánchez, and in which we can learn that between March 2012 and January 22 of this year the number of political prisoners has gone up from 45 to 90. The report emphasises that in spite of the fact that as a result of the closed character of the political regime the list does not include 100% of those imprisoned in Cuba for political reasons, it is noteworthy that the number of political prisoners has doubled in the last ten months.

This fact puts Cuba in the shameful and inhumane first position in the western hemisphere, and most of the world, for its number of persons condemned for political reasons. In this document, they also make reference to the regime’s change in strategy during the ten years following the Black Spring of 2003 in its effort to put in place, instead of its repression based on long prison sentences, a form of repression called “low intensity”, which consists of thousands of short-term detentions a year. Continue reading


Waiting Patiently for What Never Comes / Jeovany Jimenez Vega

IMG_0530The last time I was in the farmers’ market, a couple of days ago,I saw various things on offer which I don’t recall seeing since I was a kid. It was in the mid-80’s that this market – at least in Artemisa, where I live – had its “golden age”. But the economic strategists disrupted the prosperity of the most entrepreneurial and consistent producers and they stopped right then and there, so that the ability to largely meet public demand which was the case a few years previously, was, at the beginning of the following decade, past history. Continue reading


Kafkaesque Chronology in the Island Utopia / Angel Santiesteban #Cuba

1359151216_Angel-Santiesteban

Ángel Santiesteban

By Wichy García Fuentes | Originally appeared in Revista Replicante

A Cuban writer has just been sentenced to five years in jail for a crime he never committed. He has just been sent again to the galleys for that bad obsession that some have to wish that a hundred, fifty, ten, five or one person should have the same right to think and choose as the other millions of Cubans.

It was ten years ago that Ángel Santiesteban appeared at the International Book Festival of Guadalajara, where he was taken by the Cuban cultural authorities after winning the Alejo Carpentier Prize for his compilation of the stories The Children Nobody Wanted. Continue reading


Unprotected Widow / Odalina Guerrero Lara #Cuba

OLYMPUS DIGITAL CAMERALic. Odalina Guerrero Lara

Neida Lafita Moreira, Cuban citizen, housewife, 53 years old, who, because of her state of health, hasn’t any ties to employment, permanent resident of San Antonio de los Baños, widow since 21st August 2012, turns up, in desperation at the AJC for legal advice or support, as her husband, when he died, had a work connection with the Héroes de Yaguajay Agricultural Production Co-operative in the Municipality of Alquízar, in Artemisa province. Continue reading