Category: TRANSLATORS

Restriction and Violation of the Right of Association in Cuba

The establishment of an association in Cuba requires authorization from the Ministry of Justice. It lies in its discretion to allow or disallow a group of citizens to exercise its constitutional right of freedom of association. Its decision depends on an investigation of the legality and appropriateness.

The right of association is widely recognized as a basic individual civil right of utmost importance. Principally, because it provides protection against arbitrary state interference when people choose to associate with others. Furthermore it is an indispensable condition for the existence and functioning of a democratic society.

To protect these rights, the state is not only obligated not to interfere with their exercise, but, under certain circumstances, should take measures to encourage the effective exercise of this freedom. These rights could be restricted, but only under certain strict conditions, not at the discretion of government authorities.

The Cuban state not only grants discretionary power to the Ministry of Justice to authorize and register associations in accordance with the law. It also imposes relations of subordination and functional dependency upon authorized associations, thus unnecessarily restricting the freedom of action of Non Governmental Organizations (NGOs) within the Island.

A sine qua non for the constitution of an association is the adoption of rules stipulating its relation and functional dependence on a state organization. It is also subject to double taxation. The Ministry of Justice also monitors its activities and can impose administrative sanctions.

The gravest of all violations of this right, however, is committed when the authorities do not respond to dissidents who request legal recognition to operate as an NGO. To this is added the threat, commonly used by the organs of State Security against the opposition, of accusing them of the crime of illicit association.

The penal legislation provides a sanction of one to three months imprisonment for the person who belongs as an associate or affiliate to an association not inscribed in the register. The sanction is tripled for the promoters or directors of the same.

Faced with these violations there was not much that could have been done. However, a recent event, unprecedented in 51 years of the “Revolution,” showed that it is still possible to take legal action against the silence of the socialist administration.

An organization of independent lawyers called the Cuban Law Association (AJC), on June 24, filed a lawsuit before the People’s Provincial Court of the City of Havana against the Minister of Justice, María Esther Reus, for preventing them from exercising their legal right of association.

For the first time a dissenting organization brings a lawsuit before a court against a representative of the government.

Translated by: undef

Telephone

Since I started this blog I’ve felt like never before the isolation produced by not having a phone line. It’s not that I didn’t want one. If blame needs to be apportioned to anyone or anything besides the boycott and the imperialist menace it should be to my husband who never wanted a phone line when he was still an active member of the Cuban Artists and Writers Union (UNEAC for its initials in Spanish). His reasoning was that the telephone ring, the same as the door ring, would upset the state of grace in which he needed to immerse himself in order to write. By the time he knew about answering machines he was already a “writer on hiatus” as he likes saying, and despite my begging he didn’t want to ask for a letter from UNEAC avowing his condition as a founding member of the institution. For those who are lost at this point of the story, I have to clarify that the telephone company is in charge of deploying new lines, but only after being authorized by the Poder Popular Municipal, which is more or less the equivalent of a city government.

Somewhere around six years ago, and without my husband knowing, I went to UNEAC’s literature section and filed a written application for e-mail service, to be “anchored” to the telephone line from my mother’s house. I was told back then that it would take some time because of upgrades on the CUBARTE server taking place at the moment, and I never got an answer afterwards. It seems that my husband doesn’t meet their criteria on reliability, or they knew beforehand that he wouldn’t accept the signed user agreement included in the contract, which implies that no information criticizing the government may be sent or received.

I’m considering now applying for a mobile phone, but I haven’t decided yet, for as long as there are no fixed tariff plans, which is what I really want, a mobile phone may be a luxury or a necessity depending on circumstances.

Translated by: Xavier Noguer

New Satisfactions

When I first heard someone speak about a blog I had no idea what it meant, yet I was still interested and decided to attend the classes with my friend Regina.

I recall that my first post was actually published on her blog, for I had not yet opened mine.  I would have never imagined just how far of a reach this would have, nor how much personal satisfaction it would bring me.  Through this, I have found long lost friends, while I have also made new friends like Gustavo and Aracelis.  I just found another one of my very loved friends whom I have not seen in years, but who I still keep very close to me through many cherished memories.  She asks me to please post photos on my blog of all of my work.

However you paint it, we have gained a bit of relief with the positive outcome of the hunger strike of Coco Farinas.  Meanwhile, the World Cup has everyone absorbed.  I am going to publish, especially for Felita and for all of my readers, some photos of my recent works on patchwork.

Translated by Raul G.

The Procedure to Legalize an Association in Cuba

After a group is formed, it submits an application to the Registrar of Associations of the Ministry of Justice for a certificate stating that no other official or non-governmental organization (NGO) exists in the country with the same name or the same purposes as the new association. This certificate accompanies the rest of the documents for the application for the charter.

The rule requires that when the association is of national scope, the application must be made to the government department or agency that is relevant to the objectives of the proposed association.

If the goals are of a provincial or municipal nature, the entity responsible for receiving the application will be the executive committee of whichever Administrative Board of the Assembly of the People’s Power is appropriate (provincial or municipal).

These entities make evaluations and submit reports to the Ministry of Justice (MINJUS), setting out their considerations regarding approval or denial. MINJUS issues the order that either authorizes or rejects the charter of the association, in accordance with the law and regulations (Article 7, Law of Associations).

That decision can be challenged by lodging an appeal with the Minister of Justice, and his or her resolution of the matter may be challenged in the courts. (Article 20 of the Act).

The state agencies maintain a close link with the chartered association and oversee its activities, coordinating and collaborating with the development and operation of the entity so that it achieves its intended goals. The Ministry of Justice also oversees the functioning of the association and may impose administrative penalties. These rules of connection and dual control over its actions govern the relationship of dependence and subordination of the organization to state interests.

Conclusion: an association in Cuba is created by a private autonomous act, followed by administrative control of that initiative, a process that leads to entry in the appropriate registry, which determines its legal status.

There are associations in Cuba that have a special form of constitution, for example, cooperatives of credit and services (CCS), and of agricultural production (CPA). In these cases the applicants must have the State declare that it recognizes the group as a legal entity, provided that it is organized in conformance with the terms and conditions imposed by Law 36 of July 22, 1982.

The State verifies whether these conditions have been met by the proposed entity, and if so, the official confirmation of the prescribed requirements, and the subsequent order of registration and publication, are what confer legal status upon the entity. The law is not the source of that status.

Political, social, and mass organizations recognized as legal entities in our legal system are also formed in a unique way. They are regarded in the legal system as organizations of people, with legal independence, whose decisions and contracts are given the status of voluntary acts, with the power to dispose of or encumber their assets, for historical-political issues.

Translated by: Tomás A.

Legal Requirements for Associations in Cuba

Cubans have a constitutionally recognized right of association. But it is necessary to distinguish between constitutionally endorsed rights, and state recognition of the legal status of an association as an entity capable of assuming rights and obligations. That recognition is what enables an organization to exercise its legal capacity.

In Cuba, associations are formed in accordance with the requirements of the law. The Law of Associations (Law 54 of December 27, 1985) and its regulations set out those particulars, and once an association complies with them, it is recognized as a legal entity.

Nevertheless, for an association to come into existence, first it is necessary for the entity to be formed, and second, it must receive state or legal recognition. The first step is linked to the will of those concerned, to the act of a group of people coming together to achieve a goal, or setting aside some asset to accomplish a particular purpose.

The law does not impose any requirement that future members of the association show their intention of creating the same thing, it does not require that they demonstrate their willingness in a public writing, following the norm.

The second point refers to the fact of legal recognition, which is the last stage, the registration of the legal entity. Its legal existence is accredited with the certificate prepared by the Registry where it is issued (Article 18 of the Associations Law), which indicates the purpose of its registration. The legal system will not recognize any group as an association that is not listed in the Register of Associations.

To be legally constituted, the group needs the authorization of a state body, which requires an investigation of legality and appropriateness. The permit is a discretionary administrative act issued by the administration (Ministry of Justice) at the request of a party, in this case, of the founders or group of people interested in fulfilling a societal goal.

The law allows associations only for certain purposes: scientific, cultural, artistic, athletic, friendship and solidarity, and any others that promote goals of social interest. The formation of political organizations is implicitly prohibited within the constitutionally-sanctioned single-party system.

It excludes social and mass organizations, churches or religious associations, agricultural production cooperatives, credit and services cooperatives, and others (Article 2).

The State recognizes the validity of the goal and the opportunity that arises from an independently functioning entity in the life of society. It evaluates the entity’s social, non-profit aim. Among the necessary elements it takes into account is its social legacy, which becomes the most important element for its constitution.

Translated by: Tomás A.

Saint Fermin Whom the Cuban Political Prisoners Will Not Forget

Saint Fermin, the patron saint of Pamplona, is not a saint of devotion in Cuba.  But this July 7, 2010, the 52 political prisoners of the Black Spring of 2003 and their relatives will never forget him.

After many days of prayers and uncertainties, today something has happened.  A statement by Raul Castro himself has declared that the Spanish chancellor, Miguel Angel Moratinos, has been informed that the 52 prisoners that remained from the Group of the 75 and which were jailed 7 years ago, will be released.

The news that has been going around the world, while I write this post, had not yet been known to the majority of the internal opposition nor to the remarkable Ladies in White.  A very important part of this victory is due to them, and also to the name of Orlando Zapata Tamayo, which we will dedicate it to his mother, Reina Luisa Tamayo.

And if this news came just in time for someone, it is for Guillermo Fariñas, who we hope will abandon his hunger strike and will commence the slow recuperation process of his damaged body.

The names of the political prisoners who will leave Cuba are still unknown, as is whether it will be immediately or within the next few months, and if they will leave alone or accompanied by their closest relatives.  But today, in a telephone call from his son Jimmy, 11.

In and out of the island there have been, and will continue to be, many different opinions, in favor and against the negotiations between the government, the Catholic Church, and Spain.  Debate is healthy.  Let us continue debating.  Let us draw lessons from this and let us attempt to leave irreconcilable divergences aside, both in the opposition and in the exile.

Differences aside, for the family members of these 52 prisoners, July 7, 2010, the day of Saint Fermin, will be unforgettable.

In order to reach the end of a long path, it’s not always the best option to run.  Most of the time it is better to walk slowly.

Step by step.  And today, whether we like it or not, Spain and the Catholic Church, along with other mediators, have taken the first steps to empty the jails of this island of Cubans whose biggest crime has been to think differently.

Ivan Garcia

Photo:  joseliusgildela, Flickr.  Saint Fermin in the Cuesta of San Domingo in Navarra, Spain.

Translated by Raul G.

Freedom to Decide? (I)

To consent means to express, explicitly or implicitly, agreement with something. A decision that is legally binding, because one assumes rights and obligations. This way, the consent becomes a requirement of the capacity to act.

The capacity to consent is subject to restrictions. Principally, when the consent is given by a non-emancipated minor, a deaf-mute person unable to read or write, or a person who is mentally ill. The consent granted in these cases is not considered to be the result of free will and deliberation.

The Committee for the Defence of the Revolution (CDR) is an organisation which joins together the majority of social groups in the country. Article 7 of its statutes stipulates that “the request to join the organisation is an individual and voluntary act (…).” One of the requirements for entry is to be 14 years of age or older.

In Cuba the age of majority is 18 years and from this moment on a person attains his or her full capacity to act. As an exception to this rule, also considered emancipated are married females older than 14 years and married males of age 16 and above.

Adolescent persons, at 14 years of age, are neither fully responsible for their actions nor are they free to fulfill the requirements for joining the CDR. Much less are they capable of assuming the obligations implied by membership. Do they possess the economic resources to pay for their share in the self-financing model of the organisation?

The case of persons legally declared incompetent is very similar. I am speaking of deaf-mute or mentally ill persons who are registered members of the CDR. Did they consent to agree with the Revolution and to be prepared to defend it? Did they accept the statutes of the organisation? Are they able to behave in accordance with the ethic and the principles of the Revolution?

In Cuba, the mass social organisations register the citizens as members without asking for their consent. This fact is a violation of the individual rights of the people.

Laritza Diversent

Translated by: undef@rocketmail.com

A Common Prisoner Dies

During the night hours of this past June 26th the common prisoner Roberto Rodriguez Ramos died of a heart attack in the provincial prison of Canaletas in Ciego de Avila. The functionaries of the Order of the Interior of the jail took Rodriguez Ramos to the provincial hospital Antonio Luaces Iraola after the prisons doctor checked him, according to the source which prefers to remain annonymous due to fear of reprisals.

The source added that the prisoner, 54 years of age, died in the clinic mentioned above. Roberto Rodriguez Ramos was a resident of the Cuban capital. In addition to this now deceased prisoner, there is a group of over 100 Havana residents that find themselves in this province under the indication of the National Direction of Penitentiary Establishments which goes directly against the will of the prisoners themselves and their family members. Roberto Rodriguez Ramos was jailed in “Tarea Confianza”, the prison adjacent to Canaletas.

We must also remember that in a matter of 20 months, 5 men have comitted suicide. Among the victims are the blind Rautel Fernandez Prieto. The source concludes this leak of information by stating that this very jail has one of the highest rates of suicide and self-affliction in the entire country. They add that this very well could be the reason why Colonel Reinerio Diaz Betancourt, the ex-director of Canaletas, was removed from his position.

Pablo Pacheco, Prisionero de conciencia

Chronicles of a Cuban Prison

“Galley 43 has exploited, and in the area of recycling”, a common prisoner told us. “It is hell to work with meat and not even being able to eat a steak,” answered Charon. Even if it may not seem that way, the common prisoners come together in solidarity whenever a crime is committed against one of us. Such chronicles may seem funny but the reality is quite the opposite.

The authorities of this penitentiary chose a large group of prisoners last year to work in a factory adjacent to the provincial prison of Canaletas in Ciego de Avila. Everything is indicating that the cruel realities of this jail (and what goes on in those factories) will be masked and hidden before the eyes of any high ranking international personnel , especially if it is someone from the United Nations. The mentioned factory specializes in numerous things like carpentry, construction, plastic jar making, and the recycling of clothes.

On other occasions I have written about the anomalies in the salaries of the prisoners, but today I am specifically referring to those who work in recycling, and according to them have received 300 pesos in national currency- 12 CUC a month. During this time, the men who have worked in recycling have been caught stealing brand name clothes. They then go on to be astonished prisoners and are removed from their positions. A prisoner is a prisoner.

In many occasions I have heard stories about the recycling sector. Civil workers and soldiers have been known to steal on the side. They get caught, are surprised, but then everything continues. That is where the gist of the problem lies. I don’t think that it will be difficult to sell some of those items, which they themselves took, to the prisoners and later sell them to stores. The captive should be encouraged and be able to buy clothes that go from hand to hand with their modest salary. “It is very, very difficult to work with shit and not get stained with it,” one recluse said.

Although recycling is not the only place where this occurs, one of the most lamentable cases occurred on June 14th when Henry Veitia Valdivia lost one of his legs when he suffered an accident with the mechanical cementer machine, thanks to the very minimal security measures emphasized by the authorities. This young man was in and out life and death and we currently do not know about his state of health. Well, just like a Ruben Blades song so perfectly says, “With the salary that I am paid, I will not risk the life that God has given me”.

Pablo Pacheco, Prisionero de conciencia

Cuba as Vicepresident of the UN Human Rights Council


Samuel Bak- “Luna”

Upon receiving the news that Cuba has been elected Vice-president of the UN’s Human Rights Council for the next period of the international organization’s sessions, all of us who defend human rights in whatever part of this planet called Earth have been left astonished, I would say.

I acknowledge the governments that make up this council, which is the same as the now defunct UN Human Rights Committee, which time and time again condemned the authorities of Havana with resolutions that the regime ignored each time, playing the role of the innocent one, just like a 7 year old kid that carries out acts of mischief behind his parents back. But, now, should the United Nations eliminate this dependency, or should they just give up the true purpose of an organization of unified countries? This question will be up to the countries that make up the UN to answer.

It is truly an insult to the intelligence of even the most mediocre of men. It is true that many other countries step over individual rights, including the right to life which God has granted us. I do not refer only to the classic violators, but also to the United States and the civilized Europe. The prisons of Abu Ghraib and Guantanamo, along with others, that the George W. Bush administration, and currently Barack Obama, have continued to maintain open for supposed Talibans for an undefined period of time. It is funny, I remember that the Taliban regime was not considered as perverse as it is now when it used to confront communist soviet expansion.

As for the old continent, we receive daily news that are targeted against immigrants. In sum, there is lots of dirt to uncover. But people, it’s not the same to live in a country where human rights are violated. Those responsible of such absurd determinations forgot, in the midst of their desire to contradict the West, that here, in this country, a group of peaceful women who simply demand freedom for their jailed loved ones (due to reasons of conscience) were dragged and beaten out in the open street in the Cuban capital by soldiers and mobs which were directly ordered by the offices of the Political Police.

Despite the attempts by Cardinal Jaime Ortega Alamino, archbishop of Havana and whom I unconditionally support, we political prisoners and prisoners of conscience still remain under harsh conditions- most of us with severe diseases which we have acquired in prison. In fact, the only one from the group of the 75 that was released as a product of the negotiations has been Ariel Sigley Amaya, on June 22nd, and I am immensely happy about this. The entire world, through the eyes of the foreign media, along with his friends and family members, have been shocked to see the frail rag of a man that has been made of him. Of course, I am referring to physical deterioration but his ideas are still going strong and firm.

The colleague which I chatted with about this subject (Cuba and the UN), believes, and I wouldn’t disregard it, that this may turn out to be a double-edged sword for the government of Raul Castro Ruz. Holding the vice presidency of the UN Human Rights Council usually means a compromise to uphold our natural human rights. In honor of the truth, I openly express my doubts in respect to such interpretations, for I think the government of Havana will fulfill no such thing, and I also doubt the confidence that other member countries have granted Cuba with. What fulfillment? I am still waiting for a fulfillment. I am still waiting for the official publication of the social, economic, and political accords which the governmental authorities signed more than 2 years ago. Time is and will be the best witness of all these outcomes.

Pablo Pacheco, Prisionero de conciencia

From an MP4 to Silence

Today could be a special day, and in fact, it is. In addition to the marital pavilion meeting, my unrivaled wife handed me an emotional letter from Sebastian Lebriel, a Dutch television host. I will respond to this letter soon through my blog, Voices Behind the Bars.

Too good to be true, I thought. Thirty minutes after I returned from the pavilion, the functionary from the Order of the Interior of Detachment 3 informed me that I had to accompany him to the room at the entrance of the prison. Something must be wrong, I thought. I completely forgot about the dialogues between the Cuban Catholic church and the government in favor of the Cuban political prisoners. Perhaps these 7 years of captivity and of suffering from the darkest part of humanity activated my intuition. The sense of smell that I have been using these days for the World Cup did not fail me. I was lead to the room of lawyers and was being questioned by none other than the State Security Chief- Agustin- who is in charge of the prisons of Ciego de Avila province. Also present was the infamous Lieutenant Jose Marino, chief of Political Police Operations and main culprit for the pompous searches of my home and the home of Pedro Arguelles Moran on the 18th and 19th of March 2003.

If I say that I was not afraid, I’d be a flat out liar. Just like if I say that I did not foresee something negative coming, I’d be lying to myself. The State Security officials told me that thanks to a diverse range of sources, they knew that I had a digital memory device and that these technologies were strictly prohibited in Cuban jails. They told me that I had to turn it in and that they would be responsible to hand it back to Oleidis. I acceded without a fight, though I must say that such ridiculousness gave rise to an uncontrollable and ironic laughter in me. This apparently surprised the main henchmen.

It is an incredible fact that the international community must know that in the jails of this island video and photo cameras, radios, DVDs, recorders, fans, cell phones, and phones in service for prisoners are all either restricted or constantly monitored. Flash drives, Ipods, MP3s, and MP4s are all prohibited as well.

What is interesting about this story is that I simply use my 4 GB MP4 to listen to music, to play mind challenge games, and to stare at pictures of my beloved family. From today on I will have to do without staring at the one thing that I long for the most from within this wretched place. Such an insignificant thing is capable of worrying the informants of the Investigative Technical Department, Interior Order, Internal Control, and State Security of this detachment B of the provincial prison of Canaletas in Ciego de Avila, especially in galley 43.

It’s quite possible that the culprit of so much denunciations has been observing me for days on end, to inform his employers as they violate basic rights. Perhaps while I record this story the architect of passing on so much valuable information will hear this and applaud it. Their lack of human value leaves a lot of things unanswered. Even so, I’d still help him with whatever I can, but please, I won’t accept that someone will manipulate my intelligence. I am solidary by nature and if I have learned something during these 87 months of captivity it has been to forgive my fellow human beings. Even if so much human misery makes it seem absurd. We must keep in mind that such kinds of men are only pawns of the government and their political game. This is very common in Cuban prisons.

Sebastian Lebriel is right when he says in his letter that it is very terrible that one must live through such an injust struggle in this lifetime. But, my friend, if it is not me, it will be someone else. As long as evil exists in this world there will be men and women determined to fight against it. I do not doubt that one bit.

In addition to being prohibited from freedom, I am also prohibited from entertainment, from listening to music, and from seeing the pictures of my Odeilis and my only son, Jimmy. But it doesn’t matter, this means that I will only have more time now to continue what I dedicate myself to in prison: writing down what my conscience dictates and denouncing the constant violations of human rights in Cuba.

Pablo Pacheco, Prisionero de conciencia

Hunting in Placetas

Agents of State Security in Placetas

In the early morning hours they arrested Adriano Castaneda Meneses while aboard the Yuton bus on its way back from Sancti Spiritus. He was detained at the entrance of Placetas by a national political police unit. Officer Idel Gonzalez Morfi, aka “Railroad Spike”, did not notice Yordanis and only charged Adriano. When Yordanis got to his house, the dissidents Rolando Rodriguez Lobaina, Jose Cano Fuentes, Isael Poveda Silva, and Idalmis Nuñez Reinoso were all there. I told Yordanis and the others that “they are going to arrest you for sure.” Since the night before last the chief of the political police has been prowling around my house, and the presence of these titans had them (the police) terrorized. The meeting called by Yris, along with the situation of Coco Fariñas, was more than enough to alarm them.

“He has the message of an arrest on the tip of his tongue,” I insisted to Lobaina, “although Blas would go with you all to the terminal to let me know what happens.” In fact, about ten minutes later my cell phone rang with the message of the arrest. Upon his return, Blas told us that they were waiting for them at the Marti house, they arrested them, and that Idalmis was beaten just for screaming slogans in favor of human rights. That all happened at around 11 AM, but at around 2 PM I got the same text message on my cell, this time from Yordanis’ phone. He said that he was arrested along with them. Rolando, Jose, and Isael were transferred to their Guantanamo province. The next morning Yordani called me to tell me that he had been released along with Adriano. Now, these dissidents from Camagüey, Virgilio Mantilla Arango and Belkis Barbara Portal Prado, are honoring me with their visit. They will most likely be arrested when it is time for them to return. All that can be said is that, as opposed to repression, the solidarity is increasing and becoming stronger.

Translated by Raul G.

The Right of Association

Pedro, a commentator on the site, asked me how a Non-Governmental Organization (NGO) could be established in Cuba. I will dedicate several entries to explaining this issue according to Cuban law.

To associate for any lawful purpose is an element of freedom that is protected, in principle, in Article 54 of the Constitution of the Republic, stating that:

“The rights of assembly, demonstration, and association are exercised by manual laborers and intellectual, peasants, women, students and other sectors of the working people for they have the means necessary for such purposes.”

The associations give life to entities with legal personalities distinct from their members. The term is defined as a voluntary group of people pursuing a common purpose, on a non-profit basis. They respond to a form of freedom that corresponds to the exercise of other rights such as speech or petition.

As a recognized human right, this implies the right to form associations, to not be compelled to belong to one, and the right to resign from the association to which you belong. If a public servant interferes in this right, it is a violation.

That is, if they impede the creation of an association, or of someone’s becoming a part of one, without legal grounds to justify it; or, where appropriate, someone consents to it. It is also a violation to force someone to be belong to an association or, conversely, to force someone to leave one.

The right of freedom of association has legal restrictions on its exercise, since the purpose must always be lawful. It is enshrined in international law, and in some cases expanded upon.

The Universal Declaration of Human Rights, enshrines the right of peaceful assembly as a freedom for all people. The International Convention on the Elimination of All Forms of Racial Discrimination also guarantees it. Children also require this right, as recognized in the Convention on the Rights of the Child.

Basic principles regarding the role of lawyers establishes their right to freedom of expression, belief, association, and assembly; in particular the right to participate in public discussion of matters relating to legislation, the administration of justice, and the promotion and protection of human rights.

The instrument also emphasizes that lawyers are entitled to form professional associations or to join them in order to represent their interests, promote their continuing education and training and protect their professional integrity.

Marcos D in NYC

Another Crime Committed by the Foreign Minister

Placetas, July 5, 2010

I confess that I am one of those who feel justly scorned by the servile and complicit posture of the Spanish Foreign Minister. I commented sincerely while I was reading the official newspaper, Granma, which took up the task of misinforming us about the situation of our brother hunger striker. That article, I thought, was a ratification of his death sentence. In this very moment, there is one person who can save the life of Coco, and that is Moratinos, when he arrives here on Monday. But today, we Cubans heard on the news on Radio Marti that the Spanish chancellor, Miguel Angel Moratinos, will not be visiting Guillermo Farinas Hernandez. Once again, the feeling of human sensibility and the hope that there would be miracles faded, while this chancellor and his government ratify the conspiracy and also, in my opinion, are complicit in the possible death of this peaceful and courageous Cuban who continues on his mission of giving his life for the freedom of his jailed brothers.

Translated by Raul G.

Administrative Silence

Parties to cases who exercise the right of appeal can expect their applications to be rejected by administrative silence (negative silence).

Administrative acts that result from administrative silence may be also be asserted before the public administration. They are effective upon the expiration of the final deadline for the issuance and notification of the written decision (or attempted notification), even if one hasn’t been produced, and its existence may be attested by any form of evidence legally admissible, including the certificate attesting it was produced by silence, which can be requested by the competent decision-making body (the court).

The deadlines for filing legal appeals have to be calculated from the expiration of the final deadline for decision and notification, applying the general rules (subject to adjusting the deadlines from the notification of the written decision).

Translated by: Tomás A.