Video: Police search of Cubalex: breaking open the gate.
14ymedio, Reinaldo Escobar, Havana, 26 September 2016 – The headquarters of the independent legal group Cubalex, this weekend, lacked the hectic bustle of the many users who normally flock to the site for legal advice, especially the families of inmates who come with thick folders of documents, appeals and demands.
When the attorney Laritza Diversent received us for this interview, the furniture had not been put back in place after an intense search that left everything “upside down” and, on the table, lay the shattered remains of a door latch, as physical proof of forced entry.
The psychological scars are fresh among team members of this organization, threatened with a legal process and forced to strip naked during the search. However, on Sunday the legal work resumed its course, thanks to the solidarity of other members of civil society who provided two computers. A few papers comprise the first evidence of a case that will demand time and expertise from Cubalex: their own complaint against the authorities who seized their belongings but could not stop their work.
14ymedio. What was the point of the raid against Cubalex?
Diversent. There were parallel purposes. On the one hand there were the architectural changes made on this house, where they were looking for the slightest violation of planning regulations. For example, they fixated on a bathroom that we put under the stairs as a service to the public. At the same time they wanted to monitor our work as an organization that provides legal services to the population.
14ymedio. Who participated in the police search?
Diversent. The prosecutor Beatriz Peña of Oz, the Attorney General of the Republic, at the head of about 20 people. Among them, a doctor, an employee of the prosecutor, Lt. Col. Juan Carlos, who led the operation from his status as an officer of the Ministry of the Interior (MININT), another prosecutor of the province and an instructor called Doralis, who made the list of the equipment that was seized.
They also brought experts who took photos, a videographer who was filming everything, and other computer experts. They had several officials from State Security, two uniformed police officers and other MININT officials wearing the uniform typical of prison guards; a representative from the National Tax Administration Office (ONAT), another of the Institute of Physical Planning and another from the Ministry of Justice.
14ymedio. Why was there a representative of the ONAT present?
Diversent. It was justified with the assumption that we are undertaking an activity defined as ‘self-employment’, that we are providing a service for which we are supposedly charging people, without having the necessary permit. We explained to them in every possible way that we are a non-governmental organization (NGO) that provides a free social service, but they acted as if we hadn’t made that clear.
14ymedio. Why a repressive act of this nature at this time and against a peaceful group?
Diversent. It is very difficult to find the reasons for this action, which can be described as unconscionable. But it can be attributed to what we have done. First, our attempts to achieve the legalization of our organization, Cubalex. We have also filed complaints against official institutions such as the General Customs of the Republic, saying that books and other belongings have been seized from us at the airport without justification. That complaint we have taken to court. We have also made a policy proposal to the Communist Party of Cuba to change the electoral law.
14ymedio. So you think that is a response to these actions?
Diversent. You would have to ask them. As citizens we believe we have the right to make proposals and we have the right to participate in the social and political life of the country in which we live.
14ymedio. Did you resist the police officers who were entering the premises?
Diversent. The “resolution to enter the home” – the warrant – to undertake the search said that they were looking for “objects of illicit origin,” but it didn’t specify which ones. The law establishes that this detail must be clarified, so I denied them entrance and invoked the right to inviolability of one’s home. However, they broke the lock on the outer gate and also the one on the main door to the house.
14ymedio. The law also specifies that the search must be made with at least two members of the Committee for the Defense of the Revolution [local watchdogs] as witnesses. Was that requirement met?
Diversent. The witnesses were two members of the party nucleus in the zone, who did not behave as impartial witnesses, but as partners in the operation. To the extent that they sometimes suggested to MINIT officials where they needed to search, and they constantly used the term “we” with the sense of being a part of the operation, far from their supposed function as impartial witnesses. One of them was more than 85-years-old and boasted of being an unblemished revolutionary.
14ymedio. What was the final outcome of the search?
Diversent. They seized four laptops and five desktop PCs, including a server, and three multifunctional printers. In addition they took hard drives, memory sticks, cameras and all the cell phones were taken.
14ymedio. What has been the reaction of other independent groups to this search?
Diversent. Almost all the entities of civil society have expressed their solidarity.
14ymedio. Could the information seized pose a risk to you?
Diversent. More than 200 case files that we are working were taken, many of them regarding inmates anxious to see some improvement in their status as prisoners. There is a risk that these people, in exchange for any advantage in their prison regimen, might declare something that hurts us, such as that we charge for our services. But that is in the realm of speculation.
14ymedio. What is the worst thing that could happen?
Diversent. We are very concerned because they have made specific threats against us, such as that so far this is an administrative matter but that it could become another type of process.
14ymedio. Are you thinking of not continuing the work you have been doing?
Diversent. No. Rather, what happened encourages us to keep doing what we do.