A Better Quality Shadow / Lilianne Ruiz

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Antonio Rodiles, left center, Father Jose Conrado, right center

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My blog is now 4 days behind, but I was fortunate enough to be present last Monday night for the presentation of the Tolerance Plus award to Father Jose Conrado at the home of Antonio Rodiles, within hours of his release.

The release of Rodiles was undoubtedly the most important event of the week and the most anticipated by his friends. Thinner and with a blackish crescent below his lower left eyelid from the bruise caused by the beating, Rodiles returns to his home like a big brother coming home from the war wearing a star on one of his pockets that announces the triumph of the light.

That night brought the scent of others gone by, songs of warriors from another dimension of time, when Father Conrado read the words he had prepared for the occasion. Martí settling like a nocturnal butterfly over the Monday night, opening the spirit of all those gathered there so as to receive the dew which, if it comes at night, is always the dew brought by the shadow of the Holy Spirit: that of infinite possibilities.

Father Conrado, in turn, presented to Ofelia Acevedo (widow of Osvaldo Payá) the award conferred by several organizations under the umbrella of Nuevo Pais (New Country Project). It was my second time seeing the widow and I approached her, always having to suppress the desire to cry for her loss and ours.

I admired each of the persons congregated there. It felt like I was witnessing a historic evening. Beyond the outcome of our actions, the punishment with which the regime attempts to intimidate and even annihilate,those who dare oppose it, the denial by means of violence of the respect we deserve and the attempt to brush us aside as if we were nothing. Beyond the success or failure, always fleeting in a Universe governed by change, a change that will come to them like a tsunami that will sweep them up and give each the just retribution for his actions, the feeling of being in the right place, being sure that God is with us, was confirmed within me, in a part of my being which makes me stop the fabric of time and feel that we are saved.


November 30 2012

Interview with a State Security Official / Anddy Sierra Alvarez #Cuba

At 2:00 PM on November 22, 2012, I was interviewed at the People’s Revolutionary Police (PNR) Capri Station, located in the Arroyo Naranjo municipality of Havana, with the Lieutenant called “Junior” from Department 21 (the State Security department that deals with dissidents).

The interview began after 20 minutes since he could not find a place to hold it:

Official: (He introduced himself as a Department of State Security (DSE) official but did not show identification, and began)

What has motivated you to do these types of things? I believe it’s probably due to something that happened in your past, such as losing in sports, or due to the time you were assaulted and not fairly treated.

Interviewee: That was in the past, it no longer interests me.

Official: How did you find out about the course in journalism from the United States Interests Section (SINA)?

Interviewee: Well, I don’t remember well, but I think that since 2009 I was in CAPF (Commission of Attention to Prisoners and Relatives), and visiting the embassy I found out about the course.

Official: I did not know that you were from CAPF, why do you write blogs? referring to everything published that is true and not invented.

The official continues to ask me why I’m writing blogs because it is not in line with my character. You have nothing in common with those people, you are a professional, he says.

Interviewee: I’m not the only professional, Miriam Celaya, Yoani Sánchez, Reinaldo Escobar, and many others.

Official: Yes, but there are only a few.

Interviewee: That’s what you say.

Official: Tell me what you intend to change with what you are doing?

Interviewee: Everything that’s wrong. Explain to me why is Estaban Lazo in charge after he had the problem with the pig farm in Oriente.”Nothing happened because the people  were not made aware of the situation and instead of being ousted, he was promoted”. You profess that children in Cuba do not go hungry and if you go to Lumumba there are children there who go to bed with bread in their stomachs but don’t have shoes to wear to school. If this is a free country why is there no freedom of expression?

Official: Well, freedom of expression is relative all around the world. If you watch the news you see protesters suppressed with tear gas and beatings. Here we don’t do that.

Interviewee: So why was Rodiles kicked on the floor?

Official: In reality it did not happen that way. Rodiles resisted arrest.

Interviewee: But that did not warrant being brutally beaten.

Official: What happens is that sometimes, due to insufficient police training, some errors are made. That’s why we are always there to make sure nothing happens. However, department 21 does not look after people like Rodiles, it is department 3.

Interviewee: Then you don’t need to look after me.

Official: Yes, you are from CAPF

Interviewee: I was.

Well, now you know what I think. Tell me, what motivates you to be an official?

Official: Well, “that none of the hungry children in the world are Cuban, that none of the illiterate people in the world are Cuban, that education is free, that violence in Cuba is minute compared to the world index,” he said.

Interviewee: So you are the one that takes care of me.

Official: Yes, since you graduated from the course on journalism.

Interviewee: Then if something happens, I’ll come to look for you.

Official: Yes, you tell them to find the Official Junior from 21 and that’s it. Keep in mind that how the situation evolves depends on you. We are here to maintain a dialogue, not to confront. That depends on you. I don’t wish to call you some day to say, look, what you published here is a lie because I saw that person, “this, this, and this are lies”.

Interviewee: Look, the first time that I was taken prisoner to the Unidad jail in Lisa (Havana municipality), I was interviewed by a young lieutenant like you whose name was Marcos, and he said I was making fun of him, and that he was going to hit me. What would have happened if he had hit me?

Official: You would have been in a fight.

Interviewee: No, if I defend myself by hitting him in the head with the chair, what would have happened given that I did not start the fight? “They would have accused me of disobeying the authorities and other things.” Who would have lost? Me.

Official: Stop, I hope that when I send you a citation, you’ll come.

Interviewee: No, I hope this is the last encounter, why come back to you now that you know what I think.

Official: We need to continue to meet because we must talk about other things, and also one day I’ll tell you not to go to Estado de Sats — to make an example of you, if you go I’ll put you in prison. “I hope that when we talk man to man you’ll have the decency to do what I say.”

Interviewee: Well, if you know that Yoani works for the CIA why don’t you jail her?  What’s published in the newspapers and broadcast on television must be lies since you don’t arrest her, only a way to defame her so that people stay away from her.

Official: I don’t like to talk about people when they are not present, but Yoani is a mercenery. If you don’t know what that means, it means “people who are paid to serve the interest of a foreign country.”

Interviewee: Well in regard to the citations, send them personally to me, don’t go through my mother. If you do, I will not come. That’s personal.

Official: The reason is that you need to be at home but yet you stay elsewhere.

Interviewee: I have rights, don’t I?

Official: Tell me the number of your house.

Interviewee: I don’t remember the number. There are three houses with the same address.

Official: Which is it? The first, second, or third?

Interviewee: The second one

Official: The one with hibiscus on the fence.

Interviewee: All the fences there have hibiscus.

Official: Then what’s the color of the house.

Interviewee: Yellow.

Official: Is it the only one of the three that’s yellow?

Interviewee: Yes

Official: The name of your girlfriend I think is a name of an older person: Caridad, María, Carmen. I have it written with the first surname, I don’t have her last surname, so that I can look for her address and give you the citation personally.

Interviewee: OK

Official: What’s her last surname?

Interviewee: What’s her first surname?

Official: I don’t remember. I have everything written down, but I can’t remember everything.

Interviewee: Caridad is her name. Last surname is Torres.

After two hours of conversation he told me I could go.

Translated by: Marina Villa

November 26 2012

Paya’s Funerals / Mario Barroso #Cuba

I always had the dream of getting to know that worker whose speech on receiving the Sakharov prize I heard live from Hapsburg, vibrant with excitement thanks to the magic of radio. I never thought of a future post-Castro Cuba with Payá physically absent.

Much less did I imagine it on that Sunday morning of July 22, while rejoicing in our church as we concluded a week of intense work in what we call Bible School, but that afternoon when I intended to rest from physical fatigue an text message came to my mobile with the unexpected news that would take me off my normal path, just like the car had been made leave the road, the car in which I was unaware that in the eastern part of this island they were then removing the inert body of my admired Paya.

It is impressive that the rhythm of a life and of a whole nation can be so drastically altered. If someone had told me that Sunday morning in church that in barely 24 hours I would be traveling as clandestinely as possible from Villa Clara, the province of my residence, to Havana, to participate in the funerals of Oswaldo Paya Sardinas, I would not have believed it. But so it was.

Prevented from attending, in October 2011, the brief funeral tribute to the leader of the Ladies in White, Laura Pollan, due to the huge police cordon around my house, I was forced, this time, to take extreme measures to escape Villa Clara. But I especially had to do it because I woke up on the morning of the 23rd listening on a short wave broadcast from abroad to the ragged voice of Oswaldo Paya’s daughter, Rosa Maria, which reached the depths of my soul.

Not only did she confirm the death of her father, but also called into question the official version of an chance traffic accident. She was clearly that young girl who had been shown happily playing on the beach with her father in those pictures released by the regime. I also woke up to the harsh reality that it was not a nightmare, and that the news of the inconceivable death of Paya had not been a false rumor the previous day.

And I managed to undertake the sudden journey, and also arrived, although I knew that many others were arrested along different parts of the national highway, and forcibly returned to their homes, especially at the point called Aguada de Pasajeros where many opponents were caught, as was the case with my friend Javier Delgado Torna from Caibarien.

Just ten minutes before the arrival of the body the heavy-hearted crowd had been waiting hours for, and that had been dazed by the hand of God itself, I was already on the esplanade that surround the Savior of the World Parish, at Santo Tomas and Penon, in the el Cerro neighborhood, an historic site and nest of all the spiritual and political battles of the martyr.

The same church where the Paya family had celebrated many significant dates, had now become the grounds to say goodbye to the lifeless body of someone who took as paradigms  Christ, Varela and Heredia Varela, claimed and in fact opened the way to change the sick and betrayed history of Cuba.

The experiences I had in this church between three in the afternoon of July 23 and the morning of 24 consolidated in me all the influence that at a distance and for so many years I had seen exercised in an epic civic project, a Movement and a Man who had the virtue of facing one of the most totalitarian regimes clinging to power the chronology of the Americas has suffered.

The scenes, so full of different emotions and feelings left no place for the physical fatigue of those who had made the long journey, and the night that would separate us from the following day, the 24th, when the burial would take place, was too short to contain both reunion and solidarity.

All of the different trends in the political opposition were present, as never before, as I had dreamed of seeing Payá in life and as so many had sought to recall if there were concrete examples as demonstrated by the manifesto “All United”, written by him in 1999 to turn his Varela project into a project of all Cuba, beyond himself or his movement, as indeed came to pass.

Far beyond his church as well, he become a bridge to change for all Cuban Catholics, Protestants, other believers, or unbelievers, because ultimately the same totalitarian power affects us all.

I cannot forget an inner strength that is impossible to describe, the same as accompanied me on the journey from Villa Clara allowing me to break the cordon of those confused State Security agents who dared to try the door of the temple when the coffin entered, and block passage to those who remained outside.

I remember in front of me seeing the freelance journalist Ignacio Estrada whose neck was detained by the burly arms of one of those agents; that’s when I fell to the floor and crawled through his legs to make my way into the enclosure literally running, surprising those guardians who vainly stretched out their tentacles to catch me when they realized I was part of the crowd that was pushing into the church, and advanced at the same rate along the crowded aisle on the left side near the alter where no one could stop me.

Once inside I applauded Paya with all my strength as part of an immense multitude for about ten minutes that could have been multiplied into ten hours if one of the bishops present hadn’t given the word about the Catholic rituals appropriate for the occasion.

A few minutes later we were already a multitude and sang with all our might the National Anthem, which at the end was followed by the cries of innumerable slogans that came together into a united and overwhelming cry of “Freedom!” A word that honors God and the country to which Paya dedicated the major efforts of his life.

We would still be shouting “Freedom!” if Paya’s widow Ofelia had not reminded us from the alter of the imperious and comprehensive need to pray and to say goodbye to the face so loved in life.

A sea of people of all political and religious persuasions then paraded before the coffin and gave their condolences to the grieving family.

5. Paya and the Catholic Church in Cuba

The Catholic Church dedicated to Payá all the honors he undoubtedly deserved. The number of lay and religious men and women present were uncountable. The church hierarchy was also present. Not only the auxiliary bishops of Havana, Bishop Alfredo Petit and Bishop Juan de Dios, also Bishop Alvaro, Bishop in Granma, where the fateful events took place, had come to Havana, after playing a key role on the previous day because of the disinformation surround the death of an extraordinary man; it was he who showed up at the hospital in Bayamo where the body of Payá was taken and made the final confirmation of the tragedy.

Personalities as relevant as Monsignor Carlos Manuel de Céspedes and many others with dedicated chairs were there. The Apostolic Nunciature, at the end of the Mass celebrated by Cardinal Jaime Ortega himself on the morning of the 24th, before leaving for the funeral, delivered a note of condolence sent by the Vatican Secretariat of State, which was read to all present.

There is no denying that the family felt accompanied by its church from the very moment the rumors of his death started and I suppose until this moment. This was reiterated by Rosa Maria and Ofelia in every public statement they were allowed to make, both in the parish and in the cemetery, on behalf of the whole family.

I can not help but confess, however, I found counterproductive all the undeniable support of the Catholic hierarchy with the contradictions that in recent years they had had with Paya, demonstrable in such controversial statements in Lay Space magazine, as in the recent editorial “The Commitment to Truth” which is heard in the voice of Oswaldo himself refuting through radio interviews, and with a firmness no at odds with his unquestionable and always present Christian ethics, because he was, like other Catholics, committed to the justice of the Kingdom of Heaven and therefore logically contrary to the totalitarianism that rules in Cuba, as do people such as the Lay Catholic Dagoberto Valdes and the priest Jose Conrade, followers of a line of lay and religious people that continue the work of those who came before, Pedro Meurice, Perez Serante, up to heroes like the knight Jose Agustin, Varela, or Bishop Espada.

I myself was one of the hundreds of victims of repression during the papal visit of Benedict XVI in March, placed under house arrest in the house of a friend in Alamar under a scandalous siege by the political police, and I am still waiting for a single word of regret from the Vatican, or at least from the senior hierarchy of the Cuban Catholic Church.

I imagine the immense pain that Payá must have felt, in notable contrast to the visit of John Paul II in 1998, when if he thought about it, he had literally been thrown aside this time.

I find it very strong and contradictory that we throw aside people in life when we have at least the opportunity to spend at least one second, to greet him, and then in death we grant him every honor he was denied in life. Of course, I refer to sections of the hierarchy, not the church that Payá always loved and defended, and that until the last moment was voice and part of and which is he now a martyr of.

November 3 2012

Oswaldo Paya Was Also Sentenced in the Black Spring / Mario Barroso #Cuba

In 2003 José Oswaldo Paya Sardinas received the greatest tyrannical onslaught that preceded this other well-calculted and final one of 2012. Even without being on the list of those imprisoned, he was the grewatest victim of the so-called Cuban Black Spring.

The greatest part of those affected in this witch hunt , at least some fifty of them, were involved in the collection of signatures for the opposition project led by him, the Varela Project, that had the capability of hitting Fidel Castro as no opposition project had managed to do, to the point of forcing him to reform the constitution; only the genius of Oswaldo could exploit these cracks.

The fact that they left him out of the well-planned operation was an ignominious affront to the great pacifist strategist. The clear objective was to demoralize the opposition and to generate divisions and murmurs — as happened in some cases — but the majority was not fooled and did not fall into the trap.

While the prisoners took up residence in punishment cells hundreds of miles from their homes, the regime published one of its typical libels, this time called “The Dissidents”, in which it’s possible to find Paya in the injurious mouth of each one of those interviewed, while perniciously selected documents try to distort his image, or feed the unfounded divisions.

One of the most grotesque attacks in that publication was to maliciously display Payá family photos showing him in good health enjoying the beach with his family as if it were a sin he should not allow himself.

Two pages with this sequence of photos were aimed like a dagger to direct relatives of victims of the Black Spring that had very fresh wounds from the imprisonment of their loved ones, the message was clear: Payá is enjoying on the beach while your family members languish in prisons.

Thus was fulfilled with the sinister objective of generating jealousy and mistrust and provoking questions in a population that was beginning to doubt the Paya name. Family members as well as prisoners today testify how much agony the arrest of his friends caused Oswaldo, his constant travel throughout the island visiting their families, his calls and letters.

Regardless of all the rumors and smear campaigns articulated by the regime he could say categorically that if it had been in his hands as the leader he would have changed places with any of them, and still would have given his life for the condemned. The sentence to remain in “freedom” while the rest were imprisoned was the worst torture someone could infringe on a person with the human qualities of Paya.

During the funeral of Oswaldo, Librado Linares, a former prisoner of the group of seventy-five told me that if thinking aloud and this was the conclusion I reached after a deep meditation: – “Look for when they saved Paya.”

And the words of the direct victim of that Black Spring, one of those who had collected signatures for the Varela Project, even my signature, made me think hard. The suspicious deaths that preceded Paya’s, and the fact that they were already thinking about the modus operandi and launched targeted assassinations and killings, of which I am fully convinced, made me reflect on the macabre of the procedures of this regime that do not hesitate to qualify as horror, but the way they acted against Paya, not only for his death and the dark days that have happened, but throughout his political activism, are a powerful symbol of the excesses to which a beast like that which seized Cuba more than fifty years ago has come to, the confluence of the most murky and gangster of the whole Republican era.

October 31 2012

About Our Justice / Cubal Law Association, Wilfredo Vallin Almeida #Cuba

By Wilfredo Vallín Almeida

One of the fundamental elements required for a credible trial is PUBLIC.

While not synonymous with total transparency, a public trial allows us to be informed about it, as the events take place before our eyes and actions of the court are exposed to the severe scrutiny of those who are watching. Especially when it comes to judicial proceedings that, no doubt, feature in the nation’s history and in the personal history of its players.

When the trial is public and allows any interested party to attend, it’s difficult for things to happen that are not observed and so, to undermine justice.

Thus the importance for participants on both sides.

The trial for the event that cost the life of the winner of the Sakharov Human Rights Prize, Oswaldo Paya Sardinas — promoter and executor of the already historical Varela Project — which was held against the Spaniard Ángel Francisco Carromero Barrios, the person who was driving the vehicle in which Payá was traveling with his collaborator. Harold Cepero and a Swedish citizen, was held in secret.

This event sparked, from the beginning, a series of controversial opinions because the Cuban authorities always considered it an accident and a great many of the government’s opponents did not share this opinion.

They should have acted, then, in ways that would not allow any doubt about this troublesome issue, where it was clear that we were in the presence of an unfortunate accident. Such a practice could only be achieved by strict adherence to the provisions of these cases.

Thus, in the Criminal Procedure Act (LPP), Article 305, we read:

The trial is public unless reasons of state security, morality, public order or the respect due to the person aggrieved by the offense or their relatives suggest it should be held behind closed doors.

The trial was held behind closed doors with a large police presence around the court. If indeed the authorities did not consider what happened as a mere traffic accident, why did not declare their privacy for reasons of state security which is much closer to the real facts and why did they publish that the trial would be public?

Later in the same article 305 mentioned above, we read:

The only people who will attend the sessions of closed door trails are the parties, their representatives, advocates, support staff and people that the President or the Court authorize.

But, inconceivably, they did not allow the children of the deceased, Payá Sardinas, access to the courtroom of the Tribunal in clear contrast to what we just read in Art. 305 of the LPP. Would these two young people have been able to cause public disorder in the courtroom? I doubt it.

Finally, the article we are discussing closes:

The Court can make this decision before the trial, or any state thereof, or upon its own motion, stating on the record the reasons to support that decision.

We already have experienced how simple administrative processes trials are held in secret and with a police deployment without any explanation for it.

In any event, I would like to read in the minutes of the Court the reasons for acting the way they did in this case. But I doubt that’s possible with everything we’re seeing … and despite what is reported at international events about our justice system.

October 12 2012

CONCEPTS: Criminal Code / Cuban Law Association, Wilfredo Vallin Almeida #Cuba

By Wilfredo Vallín Almeida

As our readers know, the legal education of the national population constitutes one of the founding purposes of the Cuban Legal Association.

Given the importance of the topic and its need, we intend to continue working in this direction in this space, to assist with the preparation so necessary for everyone given current conditions.

So, we begin with a question and an answer: What is the Criminal Code?

Usually a Criminal Code is a compilation of those human behaviors deemed detrimental to social harmony and therefore  punishable because of theirs damage to the established order and organized peaceful relations that should exist in any civilized human community.

When the dangerousness of a human act (or even a failure to act) or conduct for the rest of the people in society is defined by the state as seriously harmful, it is considered and then defined as a “crime” and comes to occupy a place in the conduct to which we referred in the previous paragraph.

Each and every one of those human behaviors designed and offenses are listed, then retained and reflected in articles written consisting of the Criminal Code in question, so that individual behavior can be collated as described in the article prohibiting it, and which is understood that if it occurs, the subject’s behavior is criminal.

If the behavior of the subject in question does not match closely to the provisions of the letter of the law, then there is no crime.

So, in short, a criminal code is not simply the compilation of state-forbidden behavior, but also cover other aspects relating to the adequacy and enforcement of criminal justice.

Non-observance of its precepts will entail the suffering of a punishment (sentence) imposed by the state apparatus established for this purpose (the judicial system).

The Cuban criminal code, opens with some Preliminary Provisions which describe the objectives of the code in force in our country and which, in my opinion, it would be interesting to analyze in detail in future editions.

October 17 2012

VOICES MAGAZINE 17, TOMORROW 7pm FROM HAVANA / Orlando Luis Pardo Lazo #Cuba

Brothers and Sisters,

Our (yours, mine and everyone’s) freelance magazine VOICES 17 will be launched this Friday the 30th at 7pm in Havana.

Everyone is VERY welcome to attend!

In its two years of life, VOICES depends on you as readers and authors to live. To keep from dying of loneliness in the midst of this deconcentration camp that Cuba is now. To breathe an imaginary gap of the future that may never come, but that was not less real in hears with free and beautiful people.

In the sidebar of this blog you will see all the previous issues with a link to read and download the PDFs for free.

Thank you for millions and more!

Call me on my cell phone still inside this little Isla to tell you the secrets of VOICES 17…
…at +53-53340187

Translator’s note: Orlando speaks excellent English (perhaps even better than yours or mine!)… go ahead… call him!

November 29 2012

Without the Right to Be Mistaken / Rosa María Rodríguez Torrado

Statue of Jose Marti in the Plaza of the Revolution. Downloaded from Gráfico http://www.cubagob.cu/

Raul Castro’s public expression justifying his delay in modifying everything that must be reformed sounds like a hollow cliché which, to be fair to Cubans and our history, the truly practical and effective thing would be that it were changed.

“We don’t have the right to be mistaken” is no more than a military slogan brought to the civilian field, whose truth the same authorities are constantly putting to the test, by counterproductive decisions and the interests of the state bureaucracy that surrounds the general-president himself.

An example is the law decree 259 concerning the delivery of lands (to farmers in a form of leasing called “usufruct”), which was “reformed” and undone according to decree 300, in which is evidenced the intention to not cede control, which for the Cuban totalitarian model equates to not losing power.

It is incredible that after almost fifty-four years in government, the repeated and apparent improvisation of the authorities leaves us the frustrating and exhausting flavor of the endless dictatorial problem. If in psychology contradictory tendencies in people generate anguish and even neurotic disorders, as a society, what will be provoked in us by the permanent conflicts that the government has gotten us accustomed to and that they seem to have no intention of solving?

With the same slogan they spent two years “analyzing and studying” in order to “not be mistaken” and to bring to us Cubans an incomplete travel/immigration law that in spite of recognizing only a handful of rights for those on the island, truncates and leaves inconclusive many of those belonging to our diaspora.

The motto remains in force — as an expression, clearly — not because the real changes that they urge for our society are really taken seriously, it seems. The keep us entertained with the dual game of “I want to but I do not dare,” when in reality they “dare and can, but do not want to.”

The foremost objective is to create for themselves a good programmatic cushion for the seat of those that succeed them or inherit, and later, for each to use his legal “reformist” feather duster in his own way so as to move the dust from one place to another and appear to be cleaning.

Maybe with such manipulations the moment will arrive when a deep cleaning becomes truly necessary, rearranging the furniture and the surly personnel accustomed to the homeland being the pedestal for the group that comes to power. That, it seems, is the basic currency of these systems, and in preserving their privileges they certainly will not allow themselves the least bit of carelessness or the right to be mistaken.

November 28 2012

On Your Marks, Get Set… / Cuban Law Association, Yanelis Ramirez Cruz #Cuba

By Lic. Yanelis Ramírez Cruz

With this motto conscientious teachers prepared us in physical education classes for the stretching our tense muscles, somewhat stunted by the idleness in the classroom where another  classroom professional, this time in math or other subjects, tried to awaken our dormant adolescent neurons.

We had to run a section of the yard, to the finish, near a close neighbor.

I bring up this topic with regard to the publication in the Official Gazette of  Decree Law 302 amending Law 1312, the Emigration Act of September 20, 1976.

On October 16, we Cubans woke up listening to reports on all the news media about changing immigration policy. The Granma newspaper article read:

Updating Cuba’s Immigration Policy.

As expected, the queue to buy the paper that day took on significant proportions, and it was another big surprise that the Official Gazette mentioned was available along with the paper.

The news has become the talk of meetings around the table, in the parks and the corridors: now Cubans can travel where they want, without having to receive a letter of invitation from relatives, friends or acquaintances from other countries, after paying the high consular fees to the Cuban Embassy.

It seems a radical change but, looking sharp eye, not so much. It’s enough to look with an analytical spirit at Decree No.306 “With Regards to the Treatment of Cadres, Professionals and Athletes who require permission to travel abroad .

This is a complicated puzzle because the decree, with incredibly dark and convoluted language, inaccurately states who are those who can not leave the country with the supposed ease offered by the modifications.

It talks about those classified as cadres, managers of the central apparatus of the state, managers and executives who work in activities “vital” to developing the country’s ’strategic’ programs, research projects and health services, as well as technicians performing those same vital and strategic activities and high-performance athletes, coaches and trainers who are vital to the Cuban sports movement.

In a word, no doctors, no nurses, no health personnel, no athletes, no physical education teachers, no teachers of any kind. These are excluded from the amendment.

Does this mean there will be a new law increasing their miserable salaries. Could be. I doubt it.

They will continue to be asked for sacrifice, work and more work. Meanwhile, thousands of young people are crouched on one knee and look towards the finish line, waiting for the teacher’s signal with the old phrase: On your mark, get set, … out!

November 1 2012

Loyalty and Integrity / Cuban Law Association, Wilfredo Vallin Almeida #Cuba

By Wilfredo Vallín Almeida

We are at a difficult time in our history. So difficult that even nature seems to have conspired to bring us trouble. You have to be totally blind not to see the continuing and rapid deterioration of Cuba’s social health.

What happens around us is not new for history lovers. Similar situations have occurred in other places and other times. No wonder scholars say that “history repeats itself every so often.”

The deterioration of the environment should not lead, however, to loss of internal values. These values are the only ones that can save us amid the general disaster.

And it can’t happen, that between ourselves we have same situations that we criticize and fight. That is something that should be very clear to all of us in the Cuban Law Association.

Every day we see (and deal with) corruption, crime of all kinds, the little or no integrity of entities which should be paradigms for the country, constant violations of the law, ignorance or evil intention of their agents … all types of misconduct.

It is, moreover, what Cubans have called “to resolve,” that is, to get money by any means, without considering how in order to alleviate the shortages and general need we all suffer.

But beyond  all the hardships and vicissitudes, is the legacy left to us by the founding fathers of the Cuban nation and the sense of probity that we maintain at all costs. And that legacy reads verbatim:

When there are many men without decorum, there are always others who bear in themselves the honor of many men. Those are the ones who rebel with terrible strength against those who rob a people of their liberty which is to rob men of their decorum. In those men are thousands of men, a whole people, human dignity.

We will not and cannot renounce these paradigms . This would be to lose everything in this country and to sink the few handholds with which we can rescue the nation tomorrow.

The Cuban Law Association will always require absolute adherence of its members to the previous paradigms at any cost, even that of running out of members. And the lawyers who are not at the level that this time requires and who are carried away by human misery to which we may be exposed, because we are in Cuba, must abandon the Cuban Law Association, without distinction of person.

Because all we need now, greatly need, is LOYALTY AND INTEGRITY

November 5 2012

Christmas for a Poor Child / Fernando Damaso #Cuba

Since Thanksgiving was celebrated last Thursday, marking the beginning of the Christmas season, I offer these reminiscences.

Every year during the month of November funds were collected by every student through the sale of raffle tickets. The proceeds were used to assure Christmas for a Poor Child, which is what the campaign was called. Its only objective was to hand out boxes of food before Christmas Eve and toys on Day of the Three Kings to poor children and their families who lived near the school, which was located in the neighborhood of La Víbora. The meaning of poor referred more specifically to those in need, since there was no discrimination against anyone nor any prior investigation to determine who was or was not poor. Whoever considered himself to be so, or who so desired, simply had to show up to collect a box and a toy. In those years the prevailing ethical concept was that no family which did not consider itself to be needy would show up to collect anything, nor would it allow its children to do so, since this would have been understood to be both immoral and degrading. This guaranteed that acts of charity were organized, calm and fair, leaving everyone pleased and grateful for the gifts they received.

For students like ourselves the sale of raffle tickets was an arduous task, since we had to sell them to our family members, friends and neighbors — the ones most affected. After the aunts, uncles and godparents, there were the shopkeepers, the butcher and all the other tradesmen with whom our parents did business. They almost always obliged. There was competition among the different grades to see who could raise the most money. The figures were displayed in thermometer graphs, which were drawn on one side of the blackboard and where the progress of the collection efforts was updated weekly. There was a classroom set aside to hold the various grades’ thermometers and the amount they had collected was recorded on the blackboard in colored chalk.

In the euphoria of the competition we sold more and more raffle tickets, requesting new booklets once we had liquidated the old ones in the hopes of making the thermometers explode at the top, which was considered a triumph. The price of each ticket was twenty centavos and normally the total take was between three and five thousand pesos. This money was put to good use buying food and toys at favorable prices, which allowed many people’s needs to be satisfied. This practice was routine in most religious schools and brought additional happiness to the Christmas holidays in those places where the custom was established.

Everyone took on this task, not as a burden, but as a just and necessary cause. It took place in an atmosphere of happiness, which gradually grew as we, along with the city and the country, were taken over by the Christmas spirit. I do not remember that anyone who received presents — the truly needy — felt either offended or looked down upon as a person for having to accept them. I did know of cases where people accepted them one year, but the following year did not — an indication that they no longer needed help because their economic situations had improved. Cubans were honest and felt a sense of solidarity with others.

In La Víbora, which was not a poor neighborhood, families living there were proud of the Christmas activities which the religious schools sponsored. In those very different times these activities were another reason for happiness, along with the well-known but now forgotten custom of the Christmas bonus — as much as a month’s salary — which was given to employees at their places of work, making the celebrations of the season more feasible.

In spite of its name Christmas for a Poor Child was really a humanitarian effort to make the holiday happier, more joyous and more comprehensive every year. We all felt good, those of us who gave as much as those who received.

Archive photos.

Author’s note: In my previous post, dated 11/22/12, I cited ITT when I should have written Electric Bonds & Share. I apologize for the error. [Translator’s note: The error has been corrected in both Spanish and English versions of the post.]

November 25 2012

Uncertain Benefit / Cuban Law Association, Miguel Iturria Medina #Cuba

By Lic. Miguel Medina Iturria

Embezzlement appears as an offense in many jurisdictions. In our case it is governed by Article 336 of the Penal Code and embodies when an individual consents to take for themselves or with the consent of another, goods they have access to relating to the management, availability or custody because of their job.

This offense falls within the so-called frauds and despite being included under the heading of crimes against property, because of the magnitude of its impact it is considered as an offense that lacerates the national economy and has most negative influence on it.

In Article 336, different criminal penalties are applied according to the amount defrauded. Three to eight years in prison, if the economic impact is between $1,000 and $10,000; from eight to twenty when more than $10,000; and six months to two years or a fine, when it is below $1,000. The related amounts are provided in the Instruction 165 of the Governing Council of the People’s Supreme Court. This responds more severely the bigger the fraud to state assets. Personally I share this idea.

In the 6th paragraph of this provision provides a benefit to the accused which I quote:

“If the offender returns, before the conclusion of the trial, the appropriate goods or through his management this refund is achieved, the court may reduce by up to two thirds the minimum sanction as noted in each case.”

The purpose of this course is clear, through this expectation the person who commits this type of crime is motivated to reimburse the defrauded in hopes of improving his legal situation, but this paragraph has interesting practical drawbacks in the use of the term “may” which makes it an optional standard; in the case of return of the assets the Court is not obliged to grant the benefit described. In our judicial practice the latter variant is happening frequently.

In my view it constitutes an act of disloyalty to urge someone to give you what they have stolen with the expectation of improving their status in the process and then not to grant them the expected benefit. This legal standard should be mandatory or binding on the forums of justice, since the judgments not only have an impact on those involved, but on society and future offenders.

For example, if those involved in such matters know that returning the money will not bring a definite advantage, certainly they will not choose this option, but if complying with it provides certainty, every defendant would cooperate and would, without doubt, return the result of their corruption to its place of origin.

October 5 2012

The Harassment of Cotorro / Cuban Law Association, Esperanza Rodriguez Bernal #Cuba

By Lic. Esperanza Rodríguez Bernal

On more than one occasion the citizen William Alexis Cacer Diaz has requested assistance from the Cuban Law Association for having been the victim of unlawful conduct by police officers.

First, he was robbed of a camera, a mobile phone and a mini tape recorder he used in his work as a self-employed photographer).

At that time he was oriented with regards to what he needed to do in accordance with the provisions of Article 66, paragraph 1) in relation to Article 401 and following of the Law of Civil Administrative, Labor and Economic Procedure, to lodge a Demand for Process of Protection of Possession, against the Relevant Acts of the Authorities before the corresponding court.

Now William returns to us for advice as he continues to suffer arrests.

On none of the occasions on which he has been detained have they showed him an arrest warrant: he has been taken in a police car to the Cotorro Police Station and kept in a cell there for several hours.

When he asks about the reason for this the answer has been: “it’s a CI (counterintelligence) matter.”

Now William refers also to the threat that, for going to Estado de Sats, they have warned him he will be arrested every time there is an event announced at the home of Antonio Rodiles.

It is legal to do what the law does not prohibit and therefore if the agents arrest William again for attention Estado de Sats it will confirm their illegal conduct and they can be accused before the Military Prosecutor for this act that contravenes Article 58 of the Constitution of the Republic:
Freedom and inviolability of persons is assured to all who reside in the country.

No one may be arrested except in the cases, in the manner and with the guarantees prescribed by the laws…

What is happening with William reminds me of that famous work of Victor Hugo, in which a police displayed a visceral satisfaction in a lifelong pursuit of a former convict who, in the end, ended up saving the life of his pursuer.

Who can refute that life, with its avatars someday repeats an episode similar to Les Miserables? … Only with new characters and and a new location, and so it seemed to me a good idea to call this the Harassment of Cotorro.

October 3 2012