Habeas Corpus Proposed in the Constitutional Reform is Ineffective / Cubalex

Habeas Corpus will be elevated to constitutional status

Cubalex, M.sc. Laritza Diversent — Article 50 of the constitution, as proposed to the National Assembly by the Cuban Communist Party, will recognise Habeas Corpus. This guarantee against illegal arrest was the subject of parliamentary debate. The Deputy for Baracoa in Guantanamo province, Tamayo Mendez, made reference to this precept.

“Any person who is deprived of his liberty,” he read. “Here we are affirming that it was foreseen that someone may be illegally penalised,” he added. “No, not penalised, but illegally deprived of their liberty,” he was corrected by Deputy Jose Luis Toledo Santander, member of the constitutional editing commission. continue reading

“What is being addressed here is the protection of the right of an individual who is deprived of their liberty to due process as established by law. This process exists in the Law of Legal Procedures,” explained Toledo Santander.

Due process” for Habeas Corpus and the authorities’ practices

In effect, Habeas Corpus is regulated in domestic law, but offers no protection against arbitrary detention, nor against enforced disappearance.

For example, one of the “processes established by law” is that of denying Habeas Corpus, if, during the arrest, a “sentence of or order for a limited period of imprisonment” was decreed. Every year, the Cuban state and its agents undertake thousands of arbitrary detentions as a punishment for exercising freedom of expression, meeting and association. 

Additionally, it requires that “the place where the person is held be identified, as well as the official or his agent or the functionary who is holding him.” The government agents employ pseudonyms, wear plain clothes and do not identify themselves. As far as human rights defenders are concerned, they do not complete any detention paperwork, to isolate them and make it impossible to identify their location, opening the door to their enforced disappearance.

The tribunals limit themselves to verifying that the required procedural criminal documentation exists, and reject pleas for habeas corpus, without requiring the police officials to produce the person who has been detained and to explain when and why he was detained. It is unlikely they would agree to an applications for oral hearing.

Awarding constitutional status to a guarantee which does not comply with international standards does not constitute any advance in human rights, and is obviously ineffective.

M.sc. Laritza Diversent

Translated by GH

Without Guarantees of Due Process, Detentions Always Appear Unjust / Cubalex

Cubalex, M.sc. Laritza Diversent, 3 August 2018 — The constitutional reform will recognise Habeas Corpus, as it is applied in domestic law. An obviously ineffective procedure. It does not provide protection against arbitrary detention or enforced disappearance. Nor does it comply with international standards in terms of due process.

“No-one who is imprisoned considers that it is in order,” was  José Luis Toledo Santander’s cynical comment. “Everyone detained by the police considers himself innocent and to have been unfairly detained,” adds the deputy and member of the editing commission of the constitutional text. “That implies,” he concludes, “that every person detained by the police would be able to seek a writ of Habeas Corpus.”

Abuse of power and excess of discretional authority

The agents of police and security (Ministry of the Interior) have minimal training and excessive authority. After being recruited and a 6-month course, they are ready to exercise power and enjoy the impunity guaranteed by their uniform and their licence. continue reading

Whether on the orders of a superior, personal dislike, or a battle for territorial control — it’s all the same. No-one who has a business escapes the payment of tribute to the authorities. The evidence presented and declarations to a tribunal, whether true or not, carry more weight than the law itself.

In such circumstances, it is logical that everyone detained by the police considers himself unfairly detained. That’s the logic in a country where guarantees of due process do not exist.

Do you know that the police can interpret and apply, acting as judges, 27% of the offences in the Penal Code?

Without remission of the case to a tribunal, they are authorised to judge it, and apply a fine. When they exercise this power, they do not inform the detainees that, in the event of their accepting it, they are recognising their guilt (loss of the presumption of innocence) and abandoning the right to be judged by a tribunal.

Absence of independent, impartial tribunals

Do you know that the Committee against Enforced Disappearance (an office of the United Nations) is concerned that the subordination of the tribunals to the National Assembly and the Council of State affects the independance of the judiciary?

Yes, judges are subject to all types of political influence. Both of these state organs are charged with appointing, promoting, suspending, and dismissing them. A judge can be dismissed from a tribunal, for not being willing to join the Cuban Communist Party, which subjects them to conflicts of interest and intimidation.

Total absence of the right to defence and therefore the presumption of innocence

Did you know that the national tribunals only accept legal service contracts issued by the Collective Law Firms (Legal practices supervised by the Ministry of Justice)?

Yes, in practice they are obliged to contract defence lawyers from an organisation which is unique in the country and ideologically committed to the political group holding power in the country. This situation affects the right to freely select your lawyer.

Nor are the ONBC lawyers are not independent. They are subject to interference, pressure and undue influence from the authorities who intervene in the penal process, which prevents them from performing dilligently and fearlessly, acting against the interests of their clients.

First published in Cubalex

Translated by GH

In Debate: Replies to Doubts About Decree 348/2018 / Cubalex, Laritza Diversent

Together we can. No to Decree 349. A law that makes art a crime..

What are “artistic services?”

Cubalex, 2 August 2018 — Artistic services are those offered by government organisations authorised to contract artistic workers. Artistic services may be requested from these entities. As I understand it, they are like agencies which employ artists or groups of artists. An individual or a business contracts the service, and pays the organisatioon. Then, the agency pays the artist. (Resolution 44/2014 “Regulations governing work arrangements for those whose work is of an artistic nature.”)

Is this terminology only used for people who are paid for their work as artists, or is it for all artists who show up in a place, if it is an independent place, like ours, where they aren’t paid to turn up?

According to Resolution 54/2014 “Regulations governing artistic work evaluation”, AN ARTIST is a person who interprets or carries out one or several works in accordance with each appearance and speciality. continue reading

To work professionally in each artistic field, a work evaluation is essential, apart from those exceptions established by the employment legislation in force for this sector (Article 11)

The artistic evaluation is confirmed by way of the issuing of the appropriate Evaluation Certificate, and is independently authorised for each speciality or each artistic position on an individual basis for each artist, and for groups of more than one artist, without prejudice to the individual pay guarantee (Article 10)

The regulation imposed by Decree 349/2018: One may not work as an artist, or carry out artistic activities without government authorisation

In accordance with Decree 349/2018, only state-authorised artists can offer artistic services, on an individual basis or on behalf of a group, and payment for work carried out is only permitted for such people.

Only people with authorisation to carry out artistic work in an artistic  position or occupation can offer artistic services, on condition that they have a signed “established contract”, with a state institution which is authorised to contract artists and to approve their offer of artistic services.

If an artist provides his services without the authority of an employing organisation which contracts with him, then an offence is committed and he will be fined. Additionally, any instruments, equipment, accessories or other goods may be seized, the performance or relevant screening immediately cancelled, any authorisation to perform independently may be cancelled, and the employing organisation may apply disciplinary measures.

Do you know where the Cuban cultural policy may be found?

The Cuban cultural policy should be all the regulations imposed by the Ministry of Culture, a government entity of the Central Government Administration of the Republic of Cuba, charged with the direction, guidance, control and execution, within its operational ambit, of the cultural policy of the state and Cuban government, in order to guarantee the defence, preservation and enrichment of the cultural heritage of the Cuban nation. The Mincult (Ministry of Culture) has a website where the cultural policy is explained.

M.sc Laritza Diversent, Executive Director of Cubalex

First published in Cubalex.

Translated by GH

‘Cuban civil society fails to utilize the mechanisms to report human rights violations’

Attorney Laritza Diversent, Director of Cubalex

diariodecubalogoDiario de Cuba, 30 January 2018 — Forced into exile by the Cuban regime, the Legal Information Center (Cubalex) has undergone a “radical and painful change”. However, reorganized in the USA, it aims to continue along the project’s same line: “to internationally denounce the Cuban State for its human rights violations, and spotlight the situation in the country. ”

Director Laritza Diversent spoke with DIARIO DE CUBA about some aspects of the organization’s work, what it has left behind, and, above all, the reasons for the lines it has drawn and the procedures they will use under the new circumstances.

How has Cubalex reorganized in exile?

Cubalex registered in the state of Tennessee in the USA. We currently have a Board of Directors that governs the organization. The team, which includes me, works online because we live in different states, mostly in Pennsylvania.

What has it meant for the members of Cubalex to have to leave the Island?

It was difficult to accept that you have to start a new life, and adapt to new customs and idiosyncrasies. Everything is missed, especially the aroma of coffee on the terrace where we met up almost every morning to begin our work, and working in the same physical space, and personally receiving those who visited us at the office in Cuba. Today we see each other on a screen. It has been a radical, difficult and painful change. All of us have shed tears of nostalgia. continue reading

Have your relatives suffered reprisals in Cuba?

As long as we continue doing the same work as in Cuba, which is vexing for the Government, and it continues to yield results, as we appeal to international human rights organizations and shine a light on the situation in the country, our relatives in Cuba will be at risk. It is one of the forms of punishment that the regime wields best. We have to recognize it. They are effective. We are powerless in this regard.

What difficulties does having to work from outside Cuba entail?

Obtaining the resources to keep the organization running and including the entire Cubalex team that left Cuba as part of the staff. On another front, making the activists in Cuba understand the importance of reporting, at the international level, the human rights violations of which they are victims, which is a difficulty that we had in Cuba. Thus far we have not managed for many to report the repression to which they are subjected. The record of complaints lodged with international organizations for human rights violations by the Cuban government is paltry.

Has the project had to modify its objectives given this new scenario?

Not yet. We changed the population group that the organization focused on. Between 2011 and 2015 54.85% of the cases we dealt with were related to criminal matters brought to us by persons deprived of their freedom. In 2016, up until the time that our headquarters was searched, 61% of the requests for our services were made by inmates in prisons, 48% of whom presented their cases directly at our offices, through a family member, generally mothers.

After leaving the country, we cannot continue providing counsel in a personalized way, at least not directly. The deficient Internet access on the Island makes it unlikely that we can keep up this pace of work. We are currently focused on monitoring and following up on activists at risk. But, as I said before, it is a difficult task that requires a lot of patience and perseverance on our part.

In Cuba, we assisted 982 human rights activists, members of different civil society organizations who claimed to be victims of arbitrary short-term arrests, repudiation rallies, official citations, as well as searches in their homes. We conducted 96 training workshops for 613 activists in eight provinces of the country, most of them in the east. We also provided legal advice to activists in an individualized manner, but the statistics compiled by our office show that of the vulnerable groups at risk, they are those who least turned to us.

One of the main struggles with activists in Cuba is to get them to follow our recommendations to document cases of violations of their rights, which is essential to carrying out our work at the international level. We are aware of the ignorance in Cuban civil society of the mechanisms for reporting human rights violations at the domestic and international levels. This prevents the development of strategies to mitigate the risks and threats to the activities they carry out.

How is the activists’ lack of awareness of complaint mechanisms, and their importance, evidenced?

In August of 2016 Cubalex prepared basic human rights courses to teach activists from partner organizations. We formally invited 13 organizations, but only 10 responded, of which 7 appointed a representative to attend the course. Then 6 confirmed they would appear, but the course was ultimately attended by 3. This means that there is not only ignorance, but also a lack of interest.

Cubalex has observed that most activists use social media as their favorite means of reporting violations of their rights. At the beginning of 2017 we surveyed 106 activists, and 84.91% said that they defended their rights through this channel. We also monitored the social media accounts (Twitter and Facebook) of 72 activists or members of at least 9 organizations operating informally in the country. The information was insufficient to monitor the specific situation and document human rights violations. Example: the names of the victims of the acts committed were not mentioned, who committed them, or when.

Social media, despite being the most used via by activists to denounce human rights violations and get the public’s attention, is not the appropriate way to attract that of international human rights organizations capable of pressuring the Government. These organizations do not use social media as a source of information. It is necessary to document the violations, draft a report, and send it to these institutions. Complaints on the social networks must be maintained, while improving posting strategies to provide more information about the incidents reported, but it should not be the main tool.

How do you get information from inside Cuba?

Directly from the victims, by telephone and by email. We use social media to identify activists at risk or to report violations occurring at the moment. If the person does not offer data to locate him, we inquire through other activists until coming into direct contact with the victim.

What is the situation like for those members of Cubalex who remained in Cuba?

They are awaiting a final decision by the US Government in the political asylum case. We keep abreast of the status of each one, especially Julio Ferrer. We presented his case to the Working Group on Arbitrary Arrests while we were still in Cuba, and it worked. He is currently free, although he is not out of danger.

What has happened to the cases that Cubalex was handling? Did the regime’s action have any consequences for those people?

For now, we don’t know. The prohibitive prices of the Internet and telephone calls off the island make it impossible for people to contact us. We, from outside, also have economic restrictions on making calls to Cuba and following up on them. Our long-term plans including creating strategies and conditions so that the population, especially the poor, have access to a free legal advice service.

What lines of work is Cubalex currently pursuing?

We are following the same line. Reporting human rights violations by the Cuban State, and spotlighting the situation in the country. The filing of complaints in accordance with special United Nations procedures is one of the few tools we have to report human rights violations in the country, and the only one that the State officially reacts to. Between 2011 and 2016 the Government received 24 communications from UN bodies, and responded to 21 of them. The Cuban Commission for Human Rights and National Reconciliation, however, reported 44,604 acts of harassment during the same period. Cubalex intends to change this reality.

Cubalex is working on another report on violence against women in Cuba. Why is it necessary to revisit this issue?

In general, women in Cuba, although they have access to education, health, employment, sexual and reproductive rights, and equal pay for equal work, continue to do most of the work at home, and to raise their children, despite the fact that most of them work outside the home too. Even so, Havana does boast high gender standards compared to other countries in Latin America. The Cuban State subscribes to the Convention for the elimination of all forms of discrimination against women, but to date there is no gender law in the country that protects women from violence, and there are no shelters for victims of this scourge.

Added to this phenomenon is institutionalized discrimination, especially through criminal law. For example, the designation of people as “pre-criminal social hazards,” which allows the authorities to categorize and punish people for what they are, and not for what they do, perpetuates prejudices and stereotypes of a racial nature, based on gender, socioeconomic level, marginality, lifestyle, ideology and political opinion.

The “pre-criminal social hazard” measure, in addition to being selective and discriminatory, is an institutionalized form of violence against women. It is wielded against girls between 16 and 18 years of age who engage in prostitution, an activity considered by the authorities to be a socially reprehensible vice. Prostitution is not a crime, but the Government says it “does not tolerate it”. It represses those offering these services, but not those soliciting them, most of whom are tourists.

Many of the women offering sexual services migrate from rural to tourist areas in search of better economic opportunities. They grow more vulnerable when they are forced to submit to the sexual exploitation of pimps, to shield themselves from police repression and corruption. The “pre-criminal hazard” designation linked to prostitution is also used against trans women and other members of the LGBTI community.

Discrimination and marginalization on the grounds of gender and sexual orientation is a widespread phenomenon, but is overlooked even by civil society organizations that describe themselves as defenders of human rights, and whose members are also victims of institutionalized forms of violence and discrimination. This legal mechanism is also used to harass, threaten and prosecute human rights activists, who are stigmatized as “subversives and terrorists”.

Given this situation, what particularities do cases like that of the Damas de Blanco (Ladies in White), who are systematically repressed, feature?

In the case of the Ladies in White, this violence acquires a special significance. They are victims of acts of torture and degrading treatment that places their lives in danger. In 2017 the organization was the target of 54.10% of the acts of harassment reported on the social networks and in other media. Its members constituted 45% of female human rights activists who were victims of repression. They suffered 53 violent attacks, which in 94.34% of the cases occurred during arrests.

The death of Ada María López Canino, a member of the organization, on December 12, 2017, is a wake-up call. In 2016 and 2017 she was arrested 81 times. She received several beatings during operations and acts of repudiation, and she was diagnosed with a subdural hematoma, the result of cranial traumas inflicted by blows to the head.

This brain injury produces multiple symptoms, including strong and constant headaches, which do not go away by themselves. They can lead to complications over time and cause permanent brain damage. It is also aggravated by repetitive head trauma. Cubalex knows of other Ladies in White with similar symptoms.

The Ladies in White are part of a social group that is doubly vulnerable: as women and as defenders of human rights. They suffer from aggravated forms of discrimination and violence, not only from the authorities, but also from civil society organizations themselves, which find it difficult to accept women’s leadership capacities. However, this organization does not specifically and directly address gender issues. On the contrary, they defend and fight for the rights of political prisoners.

Note: Article taken from Diario de Cuba’s English site which can be viewed here.

Cubalex Identifies State Security Agent Who Led 2016 Assault on its Headquarters

Beatrix Peña de la O led the illegal assault on the headquarters of Cubalex, an independent legal aid organization, in 2016

Today, the attorney Laritza Diversent posted on her Twitter account a photo of the State Security agent who led the illegal assault on her legal aid organization in Havana more than two years ago.

An article from 14ymedio reported the assault carried out in September of 2016: continue reading

Cubalex, The Center of Legal Information, located in the Havana municipality of Arroyo Naranjo, was searched by National Revolutionary Police (PNR) officers and State Security agents on Friday… the police burst into the site which is also the home of independent attorney Laritza Diversent… Seven people were inside the home at the time the search started, among whom were Ariadna Romero, Yamara Curbelo Rodríguez, María Bonet, Teresa Perdomo, Amado Iglesias, Diego Ricardo and Laritza Diversent herself.

The assault was captured on video from outside the site, and recounted in detail, later, by Diversent, the center’s director.

In her tweets today, Diversent responded to the assault and looked to the future of Cuba.

This search warrant was illegal.
Cubalex warns that there will be “a tomorrow” and those who illegally repressed Cuban citizens will be held accountable for their actions.

Justice, truth… and a different future.

‘Cuban civil society fails to utilize the mechanisms to report human rights violations’

Lartiza Diversent, Director of Cubalex. (DDC)

diariodecubalogoDiario de Cuba, 30 January 2018 — Forced into exile by the Cuban regime, the Legal Information Center (Cubalex) has undergone a “radical and painful change”. However, reorganized in the USA, it aims to continue along the project’s same line: “to internationally denounce the Cuban State for its human rights violations, and spotlight the situation in the country. ”

Director Laritza Diversent spoke with DIARIO DE CUBA about some aspects of the organization’s work, what it has left behind, and, above all, the reasons for the lines it has drawn and the procedures they will use under the new circumstances. continue reading

How has Cubalex reorganized in exile?

Cubalex registered in the state of Tennessee in the USA. We currently have a Board of Directors that governs the organization. The team, which includes me, works online because we live in different states, mostly in Pennsylvania.

What has it meant for the members of Cubalex to have to leave the Island?

It was difficult to accept that you have to start a new life, and adapt to new customs and idiosyncrasies. Everything is missed, especially the aroma of coffee on the terrace where we met up almost every morning to begin our work, and working in the same physical space, and personally receiving those who visited us at the office in Cuba. Today we see each other on a screen. It has been a radical, difficult and painful change. All of us have shed tears of nostalgia.

Have your relatives suffered reprisals in Cuba?

As long as we continue doing the same work as in Cuba, which is vexing for the Government, and it continues to yield results, as we appeal to international human rights organizations and shine a light on the situation in the country, our relatives in Cuba will be at risk. It is one of the forms of punishment that the regime wields best. We have to recognize it. They are effective. We are powerless in this regard.

What difficulties does having to work from outside Cuba entail?

Obtaining the resources to keep the organization running and including the entire Cubalex team that left Cuba as part of the staff. On another front, making the activists in Cuba understand the importance of reporting, at the international level, the human rights violations of which they are victims, which is a difficulty that we had in Cuba. Thus far we have not managed for many to report the repression to which they are subjected. The record of complaints lodged with international organizations for human rights violations by the Cuban government is paltry.

Has the project had to modify its objectives given this new scenario?

Not yet. We changed the population group that the organization focused on. Between 2011 and 2015 54.85% of the cases we dealt with were related to criminal matters brought to us by persons deprived of their freedom. In 2016, up until the time that our headquarters was searched, 61% of the requests for our services were made by inmates in prisons, 48% of whom presented their cases directly at our offices, through a family member, generally mothers.

After leaving the country, we cannot continue providing counsel in a personalized way, at least not directly. The deficient Internet access on the Island makes it unlikely that we can keep up this pace of work. We are currently focused on monitoring and following up on activists at risk. But, as I said before, it is a difficult task that requires a lot of patience and perseverance on our part.

In Cuba, we assisted 982 human rights activists, members of different civil society organizations who claimed to be victims of arbitrary short-term arrests, repudiation rallies, official citations, as well as searches in their homes. We conducted 96 training workshops for 613 activists in eight provinces of the country, most of them in the east. We also provided legal advice to activists in an individualized manner, but the statistics compiled by our office show that of the vulnerable groups at risk, they are those who least turned to us.

One of the main struggles with activists in Cuba is to get them to follow our recommendations to document cases of violations of their rights, which is essential to carrying out our work at the international level. We are aware of the ignorance in Cuban civil society of the mechanisms for reporting human rights violations at the domestic and international levels. This prevents the development of strategies to mitigate the risks and threats to the activities they carry out.

How is the activists’ lack of awareness of complaint mechanisms, and their importance, evidenced?

In August of 2016 Cubalex prepared basic human rights courses to teach activists from partner organizations. We formally invited 13 organizations, but only 10 responded, of which 7 appointed a representative to attend the course. Then 6 confirmed they would appear, but the course was ultimately attended by 3. This means that there is not only ignorance, but also a lack of interest.

Cubalex has observed that most activists use social media as their favorite means of reporting violations of their rights. At the beginning of 2017 we surveyed 106 activists, and 84.91% said that they defended their rights through this channel. We also monitored the social media accounts (Twitter and Facebook) of 72 activists or members of at least 9 organizations operating informally in the country. The information was insufficient to monitor the specific situation and document human rights violations. Example: the names of the victims of the acts committed were not mentioned, who committed them, or when.

Social media, despite being the most used via by activists to denounce human rights violations and get the public’s attention, is not the appropriate way to attract that of international human rights organizations capable of pressuring the Government. These organizations do not use social media as a source of information. It is necessary to document the violations, draft a report, and send it to these institutions. Complaints on the social networks must be maintained, while improving posting strategies to provide more information about the incidents reported, but it should not be the main tool.

How do you get information from inside Cuba?

Directly from the victims, by telephone and by email. We use social media to identify activists at risk or to report violations occurring at the moment. If the person does not offer data to locate him, we inquire through other activists until coming into direct contact with the victim.

What is the situation like for those members of Cubalex who remained in Cuba?

They are awaiting a final decision by the US Government in the political asylum case. We keep abreast of the status of each one, especially Julio Ferrer. We presented his case to the Working Group on Arbitrary Arrests while we were still in Cuba, and it worked. He is currently free, although he is not out of danger.

What has happened to the cases that Cubalex was handling? Did the regime’s action have any consequences for those people?

For now, we don’t know. The prohibitive prices of the Internet and telephone calls off the island make it impossible for people to contact us. We, from outside, also have economic restrictions on making calls to Cuba and following up on them. Our long-term plans including creating strategies and conditions so that the population, especially the poor, have access to a free legal advice service.

What lines of work is Cubalex currently pursuing?

We are following the same line. Reporting human rights violations by the Cuban State, and spotlighting the situation in the country. The filing of complaints in accordance with special United Nations procedures is one of the few tools we have to report human rights violations in the country, and the only one that the State officially reacts to. Between 2011 and 2016 the Government received 24 communications from UN bodies, and responded to 21 of them. The Cuban Commission for Human Rights and National Reconciliation, however, reported 44,604 acts of harassment during the same period. Cubalex intends to change this reality.

Cubalex is working on another report on violence against women in Cuba. Why is it necessary to revisit this issue?

In general, women in Cuba, although they have access to education, health, employment, sexual and reproductive rights, and equal pay for equal work, continue to do most of the work at home, and to raise their children, despite the fact that most of them work outside the home too. Even so, Havana does boast high gender standards compared to other countries in Latin America. The Cuban State subscribes to the Convention for the elimination of all forms of discrimination against women, but to date there is no gender law in the country that protects women from violence, and there are no shelters for victims of this scourge.

Added to this phenomenon is institutionalized discrimination, especially through criminal law. For example, the designation of people as “pre-criminal social hazards,” which allows the authorities to categorize and punish people for what they are, and not for what they do, perpetuates prejudices and stereotypes of a racial nature, based on gender, socioeconomic level, marginality, lifestyle, ideology and political opinion.

The “pre-criminal social hazard” measure, in addition to being selective and discriminatory, is an institutionalized form of violence against women. It is wielded against girls between 16 and 18 years of age who engage in prostitution, an activity considered by the authorities to be a socially reprehensible vice. Prostitution is not a crime, but the Government says it “does not tolerate it”. It represses those offering these services, but not those soliciting them, most of whom are tourists.

Many of the women offering sexual services migrate from rural to tourist areas in search of better economic opportunities. They grow more vulnerable when they are forced to submit to the sexual exploitation of pimps, to shield themselves from police repression and corruption. The “pre-criminal hazard” designation linked to prostitution is also used against trans women and other members of the LGBTI community.

Discrimination and marginalization on the grounds of gender and sexual orientation is a widespread phenomenon, but is overlooked even by civil society organizations that describe themselves as defenders of human rights, and whose members are also victims of institutionalized forms of violence and discrimination. This legal mechanism is also used to harass, threaten and prosecute human rights activists, who are stigmatized as “subversives and terrorists”.

Given this situation, what particularities do cases like that of the Damas de Blanco (Ladies in White), who are systematically repressed, feature?

In the case of the Ladies in White, this violence acquires a special significance. They are victims of acts of torture and degrading treatment that places their lives in danger. In 2017 the organization was the target of 54.10% of the acts of harassment reported on the social networks and in other media. Its members constituted 45% of female human rights activists who were victims of repression. They suffered 53 violent attacks, which in 94.34% of the cases occurred during arrests.

The death of Ada María López Canino, a member of the organization, on December 12, 2017, is a wake-up call. In 2016 and 2017 she was arrested 81 times. She received several beatings during operations and acts of repudiation, and she was diagnosed with a subdural hematoma, the result of cranial traumas inflicted by blows to the head.

This brain injury produces multiple symptoms, including strong and constant headaches, which do not go away by themselves. They can lead to complications over time and cause permanent brain damage. It is also aggravated by repetitive head trauma. Cubalex knows of other Ladies in White with similar symptoms.

The Ladies in White are part of a social group that is doubly vulnerable: as women and as defenders of human rights. They suffer from aggravated forms of discrimination and violence, not only from the authorities, but also from civil society organizations themselves, which find it difficult to accept women’s leadership capacities. However, this organization does not specifically and directly address gender issues. On the contrary, they defend and fight for the rights of political prisoners.

Note: Translation is from Diario de Cuba

Stricter Rules For The Advancement And Protection Of Human Rights / Laritza Diversent

Laritza Diversent, 25 November 2017 — Paragraph 9 of Resolution 60/251 establishes that, in order to be able to occupy the position of Member of the Human Rights Council, countries will have to apply stricter rules for the advancement and protection of human rights. Cuba claimed in its candidacy that it signs up to 46 of the 61 instruments adopted by the international community in regard to human rights.

Certainly the Cuban state is signatory to 6 of the 9 most important universal treaties on human rights and to 2 of the optional-supplementary protocols in the Convention on Childrens’ Rights. Nevertheless, the country doesn’t have any way, or political will, to meet several of the requirements of the Human Rights Council, especially in relation to the general obligation to respect and protect, which are derived from the international instruments to which it has agreed. continue reading

In the 2009 EPU (Universal Periodic Assessment of every signatory’s progress on the advancement of human rights) it undertook to carry out a study into the need to complete legislative and administrative changes with a view to giving effect to human rights domestically and to progress its actions to adopt, reinforce and to align its national legislation with its international obligations pertaining to the treaties to which it is signatory.

In 2013, it reiterated its commitment  to revise and maintain the congruence between its national legislation and international human rights instruments, and its international commitments, although, inconsistently, it only took note of the Convention’s suggested recommendation to incorporate the Convention against Torture into national legislation.

Broken promises and undertakings which should be taken into account by the community of nations when considering whether it should continue as a member of the Human Rights Council.

Up to now there is no legal regulation or procedure which permits the assessment of the compatibillity between domestic rights and international ones, and therefore there is no possibility that Cuba, as a member of the Council, will apply stricter norms on the advancement and protection of human rights.

[i] Sections  2 and 3 of  paragraph 130, recommendation formulated by  the United Arab Emirates, Trinidad and Tobago, Ghana, Uzbekistan, Mexico

[ii] Paras. 170.20 yand 170.22 formulated by Belarus and China

[iii] Para. 170.24, formulated by  France

Translated by GH

Laritza Diversent and Cubalex Begin Their Life In Exile

Laritza Diversent (center) before the Inter-American Commission on Human Rights (Flickr)

14ymedio bigger14ymedio, Mario J. Penton, Miami/Havana, 4 May 2017 — The team at the Cubalex Legal Information Center and its director, attorney Laritza Diversent, have obtained political refuge in the United States following the intensification of repression against the nonprofit organization dedicated to legally advising Cubans.

Diversent, told 14ymedio, from a stop at Miami International Airport this Thursday, that this was a “very hard” time for her and her team.

“We are saddened that we can not continue to provide legal advice to people within Cuba, especially to many of the prisoners we helped, but since last September our work has not been safe in Cuba,” he said. continue reading

On September 23, 2016, agents of the Interior Ministry raided the Cubalex headquarters in Havana and confiscated their work equipment as well as two hundred files of people who were advised by the organization.

“We are saddened that we can not continue to provide legal advice to people within Cuba, especially to many of the prisoners we helped, but since last September our work has not been safe in Cuba”

One day before her departure from the country, the lawyer was summoned by the Attorney General’s Office to inform her of the legal proceedings brought against her by the authorities.

“It seems it is a new strategy to raid the headquarters of organizations. It already happened with Convivencia and with Somos+,” recalls the lawyer.

Diversent explained that she was accused of violating self-employment regulations.

“The State assumes that as we receive financing from abroad we hire people. As legal guardianship is not recognized as an activity to be carried out independently we are accused of violating the law,” she says.

She also reported that they had told a “string of lies” about supposed gifts given by her in exchange for speeding up procedures to legalize her home.

The Prosecutor’s Office ruled against a ban on her leaving the country, Diversent was able to verify. “They told me they knew I was working on the immigration process, and that they would allow me to leave, but that if I returned they would activate the investigation again,” she said.

“They threatened to accuse me of forgery and bribery if I returned to Cuba.”

The lawyer says that independent organizations such as hers are a direct target of State Security and are exposed to all kinds of harassment by the Government.

The lawyer says that independent organizations such as hers are a direct target of State Security and are exposed to all kinds of harassment by the Government

“State Security is aimed directly at us. The international community does not have a strong position with the Government, so we are subject to double discrimination: that of the State that calls us terrorists and mercenaries and that of international organizations and countries that do not support us because they seek to maintain good relations with the Cuban government,” she said.

Family reasons also carried great weight in this decision:

“I am a human rights activist, but I am also a mother. I have a son 17 and I don’t want anything to happen to him. In the case of women, the first thing they do is attack their children,” she said.

Diversent explained that she will be based in the state of Tennessee and that the rest of his colleagues will travel in three groups between May 25 and June 5.

The organization, based in the municipality of Arroyo Naranjo in Havana and founded in 2010, provides legal advice but is not legally recognized within the island, despite the numerous reports it has drafted for the United Nations and the Inter-American Commission on Human Rights, among other international organizations.

In July of last year the government refused to legalize Cubalex, after ruling that in Cuba no independent legal aid organizations are needed because “the State already defends the people.”

In July of last year the government refused to legalize Cubalex, after ruling that in Cuba no independent legal aid organizations are needed because “the state already defends the people”

Cubalex members, who have received refugee status, will be based in different states of the United States. However, the lawyer is confident that they will be able to meet at some point to restart the work. For now they have dismissed Miami as a possible site.

Two members of the group, Julio Iglesias and Julio Ferrer, must remain in the country because they are under criminal proceedings or in prison. Ferrer received a change of the precautionary measures against him this week.

“It really hurts me, what is happening to those in Cuba because of the commitment they have made to the people and the work they have done,” Diversent said.

The lawyer explained that for nine months they have been denouncing “violations of due process” in those cases but have not been able to do anything despite exhausting all the resources.

Following the raid on Cubalex’s headquarters, Amnesty International called for urgent action to “call on the Cuban authorities to allow members of Cubalex and other human rights lawyers and activists to operate freely without harassment or intimidation.”

“Cubalex will be legalized in the United States and will continue its work from here focused on supporting civil society organizations on the island”

Laritza Diversent’s trip to the US coincides with Thursday’s release of a communiqué from the Cuban Observatory of Human Rights (OCDH), which reports that there have been 1,809 arbitrary detentions in the first four months of 2017.

In April alone, the organization documented 467 arbitrary arrests, of which 335 were women, 132 were men and 147 were black people, ten of whom were “brutally beaten,” according to the activists.

The OCDH has stressed that a climate of repression prevails “at a time when the Cuban Government has achieved important international support like the European Union and the Government of Spain,” and warns that “in the coming months the political climate may be aggravated, as a result of certain nervousness of the Government before the difficult economic and social situation that is facing Cuba.”

Diversent agrees.

“There is much to be done in international human rights organizations. There is a lot to do with the organizations that are inside Cuba, to support them,” she explains.

“Cubalex will be legalized in the United States and will continue its work from here focused on supporting civil society organizations on the Island.”

Broken Dreams / Cubalex

A montage of photos of Cubalex on the day of the police raid and mail from the people they help.

Translator’s note: The references here to the empty offices and the inability to work relate to a police raid that occurred in September of last year, during which much of the organization’s equipment was confiscated.

Cubalex, 20 February 2017 – It is an ordinary November day. Cubalex members are visiting the headquarters, the emptiness of the offices hardly bearable, their faces are not the same as before, but they continue to be united.

“A letter has arrived,” says an assistant. “Read it out loud,” everyone says. “It is a new case, I don’t recall the name,” she affirms. “But start reading it,” exclaimed the investigator.

“OK, I’ll start,” she says. “Havana, 16 November 2016, Dear Laritza and the Cubalex team, I recently wrote to you, another inmate gave me the address. Today I received an answer from you in which you explained the process to be able to help me. continue reading

“And I felt like the happiest prisoner in the world. I had written to all the state institutions and none responded to me. I am speaking to you from my heart, that you have given me back my hope and a desire to go on living.”

The emotion was visible on everyone’s face, after so many days without being able to do our work this letter filled the space and all of us with emotion. It was the first pleasant emotion we had felt after more than 90 days of anguish.

“A million thanks,” she continued reading, “love and blessings to you all, a thousand thanks for the help you can offer me, I have no way to thank you. I once again want to live. In you, I have found different human beings.

“I will send you all the documents you asked me for, I am serving a sentence for a crime I didn’t commit, while the real culprit walks free. They accused me of the theft and slaughter of cattle, and condemned me to 12 years* and I swear to you I am innocent.

“Soon I will turn 21, you are my best gift, just by responding to my letters. I was planning to go on a hunger strike, but I knew of Cubalex’s existence and the help you have given to many inmates here. May God always accompany you and thousands of blessings to you,” she concluded reading.

“He’s just a kid,” said the group’s senior sadly. “Where is it from?” “From Agüica,” replied the reader, looking at the envelope. “We have to answer him,” said the psychologist, “even if it’s on a blank sheet and with a pen. We must explain what happened at our headquarters on September 23. He has his hopes set on us.”

“I have an envelope, and I saw that they left the stamps on the day of the [police] operation, you’ll find them in my drawer,” said the secretary to the assistant.

“Who will answer him?” She asked. “I will,” was the answer that was heard in chorus. “That’s like pouring a bucket of cold water,” said secretary said. “It would be better if the psychologist answered.”

The silence was an expression of the anguish captivated them. “Send him the phone number to call us,” advised the Director. “At least we can guide him. Let’s keep the letter, to show it to the teacher Julio on the next visit to the prison. By the way, who is going to make this visit?”

“I am,” replied the social investigator. “Don’t worry, I’ll give it to him.”

*Translator’s note: the penalties for unauthorized slaughter of cattle in Cuba are very severe, and it is literally true that a person may serve more time for killing a cow than someone else serves for killing a person.

‘El Sexto’ Moved to a Criminal Prosecution Center / 14ymedio

Graffiti Artist El Sexto (JUSTICE AND PEACE)
Graffiti Artist El Sexto (JUSTICE AND PEACE)

14ymedio bigger14ymedio, Havana, 6 December 2016 — The artist Danilo Maldonado, known as ‘El Sexto’ (The Sixth), was transferred Sunday from the police station at Zapata and C in Vedado to the Bivouac Calabazar criminal prosecution center in Havana. The graffiti artist’s mother, Maria Victoria Machado, visited him on Monday morning and told 14ymedio that the prosecution could keep him there for up to two months.

Machado’s meeting with her son only lasted 10 minutes, in which the artist was able to eat food brought from home, but still refused to eat food provided by the prison.

Machado said that the investigator in the case, Fernando Sanchez, informed her that her son could be held “up to 60 days in preventive detention.” The official explained that the detention would be extended “until the file is investigated.” Machado presented a petition for habeas corpus, with legal advice from the independent legal association Cubalex, and in particular from the attorney Laritza Diversent who leads that association.

El Sexto is accused of causing damage to state property, a crime “that does not exist in the Criminal Code,” Cubalex emphasized in an article published on its digital site. “Painting the walls or facades of a hotel constitutes a violation against public adornment. Inspectors of the communal system are entitled to impose, in these cases, a fine of 100 Cuban pesos (roughly $5 US),” says the article.

Amnesty International Calls For “Urgent Action” to Support Cubalex /14ymedio, Miami

The State Security raid on Cubalex (Cubalex)
The State Security raid on Cubalex (Cubalex)

14ymedio bigger14ymedio, Miami, 19 November 2016 –The non-governmental organization Amnesty International (AI) called on Friday to take “urgent action” to protect members of Cubalex, an NGO not recognized by the Cuban government against which there has been a resurgence of actions.

“Since September, the Cuban authorities have intimidated members of Cubalex, which provides free advice in Havana on legal matters and human rights,” AI said, detailing the raid on the organization’s headquarters where they confiscated laptops and documents,” according the Cubalex director Lartiza Diversent. continue reading

AI also mentioned the humiliating treatment of the security forces, including forcing at least one woman to disrobe. In addition, the Havana Provincial Prosecutor gave notice that Cubalex is under investigation regarding taxes.

AI also detailed the testimonies of two members of Cubalex who were summoned for interrogations, which lasted about an hour and 45 minutes. The authorities have also summoned people who have taken advantage of the legal advice offered by Cubalex.

“The director of Cubalex [Diversent] reported that in her recent travels she had been detained and interrogated several times at the airport. She believes that her home, which is used as a base for the activities of Cubalex, is under surveillance,” says the AI appeal.

The international organization calls on people to show solidarity with the members of Cubalex, by writing letters, email, faxes or tweets, to different Cuban officials on the island and abroad.

AI aims to sensitize international public opinion in order to allow members of Cubalex “and all other lawyers and human rights activists” to operate freely without harassment and intimidation.

Amnestey International also urges that the criminal justice system not be used abusively, nor that civil litigation be used to attack or harass human rights activists;

It calls for ensuring a safe and supportive environment in which it is possible to defend and promote human rights without fear of retribution, retaliation or intimidation.

Opponents of the Cuban Regime React to the Election of Trump / Cubanet, Ernesto Perez Chang

Clockwise from top left: Eliecer Avila, Antonio Rodiles, Martha Beatriz Roque, Laritza Diversent, Jose Daniel Ferrer, Berta Soler
Clockwise from top left: Eliecer Avila, Antonio Rodiles, Martha Beatriz Roque, Laritza Diversent, Jose Daniel Ferrer, Berta Soler

cubanet square logoCubanet, Ernesto Perez Chang, Havana, 9 November 2016 – The elections in the United States, with the victory of the Republican Donald Trump and the defeat of the Democrat Hillary Clinton, contrary to the predictions of most polls, has captured the attention of the world’s public opinion in recent hours due to the decisive nature of United States policy in the international arena.

The normalization of relations between the governments of Cuba and the United States and the diverse opinions generated by the lengthy diplomatic process and packages of measures aimed at easing the embargo, implemented by current US president Barack Obama, have given rise to a broad spectrum of opinions within Cuban civil society, such that some of the main opposition leaders on the island have expressed their views to CubaNet to the election results announced at dawn on Wednesday.

Antonio Rodiles, coordinator of Estado de Sats (State of Sats) and organizer of the We All March campaign, says: “We expect consistency of those who, within Cuba, maintained a policy against Trump and were confident in Hillary’s victory. (…) Maybe difficult times will come for the process of normalization of relations with Cuba and the continuity of Obama’s program. We expect another direction in the dialogue and a president who places the issue of respect for human rights and freedom of expression as a priority, a determinant, at any negotiating table.” continue reading

Jose Daniel Ferrer, a member of the Patriotic Union of Cuba, UNPACU, argues that the electoral decision does not mean negative effects on the relations between the two countries: “I do not think the difference is notable. The American people have chosen. The new president will do what suits the citizens of the United States and, as he should, prioritize the interests of his nation (…). The candidate the people believed to be better has won (…). (Regarding Cuba) common sense in the process of normalization of relations will prevail and we expect a strong hand with the dictatorship because (Cuba) is a regime contrary to the interests US, it is a regime that no American candidate would never agree to in the style of Venezuela or China. (…) We expect better relations with the new government.”

The regime opponent Martha Beatriz Roque said: “It seems that the American people have passed the bill to the Democratic Party. Many people are concerned about the ways in which Trump has expressed himself during his campaign, but I think that concern should be minimized because surely the Republican Party will take control of the situation. (…) With regards to his impact on the Cuba issue I think there are measures taken by Obama that are irreversible. Especially because America is a democracy, not like Cuba, which is governed by a totalitarian. It will not be easy to give a twist to relations with the island. However, I think this gentleman will be educated by his advisers enough to not make the mistakes of the previous president.”

Eliecer Avila, activist with the movement Somos+ (We Are More), confessed to not having had a previous position in favor or against any candidate, although he said about his expectations: “I didn’t support either of them one hundred percent. In Hillary Clinton I saw very positive support for Obama’s policy (toward Cuba). (…) Donald Trump has shown some strong positions but I do not think that will change the policy of his predecessor but, apparently, will negotiate from other positions.”

The lawyer Laritza Diversent , founder of Cubalex, believes that the elections were a reflection of the opinion of the American people and believes that Cuba will occupy an important place in the policy of President-elect: “The process of normalization of relations between the United States and Cuba is irreversible. (…) There is a responsibility to the legacy of Obama. The United States, with its current policy, is leading positive changes. Many challenges are imposed on the new president. We should also consider the views of the US Congress and other powers in that nation.”

Berta Soler, leader of the Ladies in White, believes it is too early to make predictions about the directions Trump will take regarding policies on Cuba: “We have to wait. I have never preferred one or the other because there is a reality: it is not about the Cuban President but about the President of the United States. Someday I want Cuba to be able to elect a president in a way similar way to that in the United States. (…) We don’t know about Trump, we have to wait. There may be changes but I do not know, I’d rather wait. ”

The election of the 45th President of the United States has not only launched numerous questions in the world’s most important economic sectors. For Cuba, undergoing a process of rapprochement with the United States that could help find a solution to economic stagnation, for the government, or a way for democratization, for civil society, the policies toward the island that will be decisive in the immediate future will be designed by Trump.

Laritza Diversent: “We Have The Right To Participate In The Social And Political Life Of The Country” / 14ymedio, Reinaldo Escobar

Video: Police search of Cubalex: breaking open the gate.

14ymedio bigger14ymedio, 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.

See also: Police Burst Into Cubalex Headquarters and Cuban Police Seize Legal Center’s Work Equipment

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. continue reading

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.

Laritza Diversent (Source: Cubalex)
Laritza Diversent (Source: Cubalex)

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.

The doorknob and lock to Cubalex headquarters which was destroyed by the police to enter the premises.(14ymedio)
The doorknob and lock to Cubalex headquarters which was destroyed by the police to enter the premises. (14ymedio)

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.

Cuban Police Seize Legal Center’s Work Equipment / 14ymedio

Cubalex's office (Source: Laritza Diversent)
Cubalex’s office (Source: Laritza Diversent)

14ymedio bigger14ymedio, Havana, 24 September 2016 – Friday’s police assault against the headquarters of Cubalex, Center of Legal Information, located in the Havana municipality of Arroyo Naranjo, resulted in the seizure of six computers, several hard drives, USB drives and cell phones. The officers informed the lawyer Laritza Diversent that she could be accused of the crime of “illicit economic activity,” according to a report from the activist Kirenia Yalit to this newspaper.

The headquarters of the independent group was searched on Friday, by members of the National Revolutionary Police (PNR) and members of State Security, who stormed the place breaking down the doors.

The thorough search of the building lasted until after eleven p.m. and “when it seemed that everything was going to end and they had concluded their interrogations” of the activists, they forced them to strip naked “and squat to verify that there was nothing hidden in their bodies,” said Yalit. continue reading

The independent lawyers denounce the fact that they never showed a warrant that met the requirements for a search.

“They took everything, they just left some chairs and tables,” says Yalit, which 14ymedio was able to confirm through sources near the site. The prosecutor who led the operation informed the attorneys that the case “is of interest to the Attorney General of the Republic” and that they would undertake all relevant investigations to determine whether to proceed with an indictment against them.

Dayan Pérez Noriega, who was taken to a police station when he tried to send Twitter messages about what was happening, was released at around ten at night. The attorney Julio Ferrer, a member of Cubalex, remains missing after having been intercepted by the police on Friday.

After the operation at the property was completed, the lawyers received no  immediate injunction, fines or written summons.

Attorney Laritza Diversent intends to denounce “the outrage committed,” as she has done on previous occasions when she demanded the return of her belongings seized by Cuban Customs at the airport.

The Legal Information Center, Cubalex, is an independent agency that has provided free legal advice since 2010. The lawyers’ group also focuses on human rights issues. In July of this year Cuba’s Ministry of Justice rejected the application filed by the group’s members for legal status for the organization.

Police Burst into Cubalex Headquarters / 14ymedio

Attorney Laritza Diversent (left) with the activist Yalit Kirenia during a presentation at the Inter-American Commission on Human Rights. (Youtube)
Attorney Laritza Diversent (left) with the activist Yalit Kirenia during a presentation at the Inter-American Commission on Human Rights. (Youtube)

14ymedio bigger14ymedio, Havana, 23 September 2016 — The headquarters of Cubalex, The Center of Legal Information, located in the Havana municipality of Arroyo Naranjo, was searched by National Revolutionary Police (PNR) officers and State Security agents on Friday, as confirmed to this newspaper by the independent journalist Osniel Carmona.

After two in the afternoon, the police burst into the site which is also the home of independent attorney Laritza Diversent. Until after five in the afternoon all the phones of Cubalex members remained out of service and access to the house was restricted by the security forces, according to what this newspaper was able to confirm. continue reading

Seven people were inside the home at the time the search started, among whom were Ariadna Romero, Yamara Curbelo Rodríguez, María Bonet, Teresa Perdomo, Amado Iglesias, Diego Ricardo and Laritza Diversent herself.

During the morning Laritza Diversent had informed 14ymedio that there was a operation “organized by State Security agents and the police” around the house. She explained that several neighbors advised her of the presence of “buses and patrol cars,” so she feared they would eventually get inside the house.

T”a report on the status of freedom of expression in Cuba” that she presented “to the special rapporteur for freedom of expression” in the city of Geneva “in mid-August.”

“We feel that we are now at risk and are calling all our contacts asking for help so that the world knows that right now our office and our organization are at risk,” the attorney warned by phone.

The activist Kirenia Yalit Núñez, a member of Cubalex who is just a few blocks away, explained that the agency “had a judicial order but Laritza rejected it because it wasn’t valid.” However, a little later “they broke into the house with a crowbar and broke several locks.”

After six in the evening the activist Teresa Perdoma was released and she said that they had threatened Diversent with an accusation of “illicit economic activity.” The police also warned that they would take “all the equipment, like computers, flash memories and hard drives.”

She was arrested in the operation and taken to the Dayan Perez Noriega police station, where she tried to send Twitter messages reporting what happened. The other activists remained in the building until eight o’clock on Friday night. Two police patrol cars guarded the entrance.

The Legal Information Center, Cubalex, is an independent entity that has provided free legal advice since 2011. The lawyers’ group also focuses on Human Rights issues. In July of this year Cuba’s Ministry of Justice rejected the application for legal status presented by its members.