On July 7, The People’s Provincial Tribunal of Havana responded to the group of independent lawyers who filed suit against the Justice Minister, Maria Esther Reus González.
In the response (which was delayed because of a backlog in the chamber) the judge, Alfaro Guillén, Esq., and the lay judges, Núñez Valdés and Figueredo Ramos, required the members of the Cuban Law Association (AJC), to modify the terms of the judicial petition, within 10 days.
The court found it “improper” for Wilfredo Vallin, Esq., president of the organization, to act in the name and on behalf of a legal entity that is not currently constituted. The notice requires the lawyer bringing the action to proceed in his own name.
The Cuban legal system will not recognize an association that does not appear on the rolls of the Register of Associations. The law provides penalties of incarceration for up to three months against a person enrolled in a non-registered association. The punishment is tripled for the promoters or directors of an illegal association.
For its part, the Law of Associations (Law 54 of December 27, 1985) and its regulations, does not impose any legal formality for creating an association. It is sufficient that interested people form a group to achieve a goal. Then they can ask to be recognized by the state as a legal entity.
The highest court of justice in the capital also ordered that the facts of the complaint be reformulated. It does not accept the term “denial of authorization for Constitution of Association”, considering it inconsistent. It asserts that the Justice Ministry (MINJUS) did not respond to a request for certification.
On April 7, 2009, the AJC asked the Register of Associations of MINJUS to certify that no non-governmental association (NGO) existed in the country with the same name and purpose as the association of attorneys. The document is essential to continue the legal process for setting up the guild.
The state institution did not issue the certification. In March 2010 the group renewed its request and received no response. The lawyers appealed to the Minister, Reus González, raising a complaint for breach of the required legal formalities, which also was ignored.
On June 24, the lawyers filed a complaint with the Second Chamber of the Civil and Provincial Administrative Court in the capital, against the Minister of Justice, for denial of the authorization (by administrative silence) for the legal constitution of the guild.
The legal petition was filed in the Court on June 29, under case number 338 of 2010. It seeks to challenge the decision of the Department of Associations of MINJUS. It is the first time that a dissident organization has brought suit against a government representative.
Translated by: Tomás A.
To comment on this article please visit:
Lartiza’s Blog: Laritza’s Laws and Legal Advisor.