Category: Translator: GH

Professionals / E. Javier Hernandez H. #Cuba

Lic. Edilio Javier Hernández H.

There is a group of professionals in our society called to play an important role in the restoration of harmony between the people and the government, in the context of a Rule of Law which is seriously damaged, cracked and corrupt. We differentiate ourselves from the professionals of the health service, because apathy, idling, and ignoring of the Hippocratic Oath directly and lethally affect the general public.

Many professionals have decided to get rid of the connection with the impositions, demagogy, corruption and double standards, not agreeing to any more exploitation or manipulation or messing about indefinitely in bureaucracy.

We have recognised a new open group (years ago I knew about two of them who browsed the health website infomed) of surgeons and doctors from the Calixto Garcia Hospital, who courageously say what the majority of the Cuban population think but do not dare to express, about the administrative chaos experienced by our society in all the administrative structures and organisations of the state

All praise to those doctors who step forward for other professionals and intellectuals who stick their heads in the sand like ostriches when they see any danger. There are numerous examples of official and social associations, congresses, events and workshops, which act as umbrellas or windbreaks, shielding themselves against the rain and gusts of disappointment, frustration and unachievable hopes, which are our reality.

It seems also that analysis of the Lineamientos (Guidelines) has failed to serve as a problem bank or a generator of ideas to take forward as action to break through the inertia. Is it so hard, considering that the leaders don’t account to us for what they are managing, or say when things they are doing will be completed, or not, or tell us how much longer we will have to wait or continue to trust in them.

In tribute to those brave doctors, I would like to say to the other professionals in our country:

I still like my work; how much could we do, how much could we change if only some tribunal lawyers, some prosecution lawyers, legislative lawyers, defence lawyers, or consultants were to stop submitting and giving in to law which is ideological and burdensome, above all imposed by all the well-known organisations, the Party, the Military and the Ministries.

These are extracts from the Eighth Congress of the United Nations on Prevention of Crime and Treatment of Criminals, which took place from 27th August to 7th September 1990 in Havana, Cuba:

… considering that the appropriate protection of human rights and fundamental liberties which may be invoked by every person, whether they be economic, social and cultural or civil and political, requires that every person have effective access to legal services provided by an independent legal profession.

… the Basic Principles of Legal Practice which appear below, which have been formulated in order to assist member states in their task of promoting and guaranteeing the proper performance of lawyers, should be taken into account and respected by governments when framing their legislation and practice in their countries, and should be brought to the attention of lawyers, and others such as judges, prosecutors, members and officials of the executive and legislative powers, and the public in general …

 Access to expert assistance and legal services

1. Every person is entitled to seek the assistance of a lawyer of their own choosing, in order that they may protect and demonstrate their rights and and defend them in all stages of the legal process.

2. Governments will ensure that they establish efficient procedures and adequate mechanisms to enable effective and equal access to expert assistance on the part of all persons within their territory and who are subject to their jurisdiction, without any kind of distinction, such as discrimination based upon race, color, ethnic origin, sex, language, religion, their opinions whether political or of other type, national or social origin, economic situation or position, birth, or other condition.

The sentences of tribunals will gain greater conviction and their debates greater majesty.

The lawyers will be more highly regarded; the guarantees are to be published and affirmed.

For people to be free, their rights have to be clear. For people to govern themselves,  their rights have to be common …

From Nuestra América, José Martí.

We still have time to set an example to other professions.

Translated by GH

December 21 2012

Hold on and wait a few minutes please. The lines are busy. / Rodrigo Chavez Rodriguez #Cuba

1356696026_chavezLic. Rodrigo Chávez Rodríguez

Shall we carry on waiting a few minutes? When we have already waited decades, we continue every day a bit more painfully dealing with the lines, or rather the twists of this “planet Cuba”

When I talk about twists, what I am obviously getting at is that at least they should give us some idea of how to follow the tricky route to actually communicate something, which is every day more controlled by the armed institutions of our Republic of Cuba. PNR*, DTI*, Immigration and Aliens, DSE* (Eyesight Test, known as Cajoteros because of its old initials KJ, as in “KT”, meaning illegal Phone Tapping).

We are also becoming subject to the latest technology such as “KE” (Checks in the Ether), “KF” (Checks on Films), “KM” (Microphone Checks) and the customary checking over letters and documents official and unofficial “KC” (Correspondence Checks) , like those to do with Illegal Arrest, without any legal recourse and completely ignoring what is expected and established in the Laws of this PLANET CUBA, on the part of the police instructors (DTI, DSE), who expect to be called Lawyers, when all they have is a Degree in Rights, which isn’t the same thing. Respect them!

Everyone is subject to this. From a Cuban citizen or foreigner of any position in society, to a tourist and including political leaders, and accredited diplomats both national and visiting.

Our Public Prosecutor will watch out for the true and only legality in any proceeding, delivering with absolute and clear justice its verdict and firm sentence via POPULAR TRIBUNALS, or, as applicable, those of the People, in relation to people of whatever position in society.

Those who find it impossible to give in to the powerful, will not be waiting for a few minutes please nor GETTING OFF THE LINE

In this way, phone calls are not guaranteed, and calls for our RIGHTS confirmed in our CONSTITUTION OF THE REPUBLIC, in the unknown UNITED NATIONS AGREEMENTS, which are  unknown to the great majority of the population and whatever RIGHTS experts.

Don’t hang up, don’t let them carry on making us wait any longer, for the only opportunity to speak more and more clearly. Don’t block the lines PLEASE.

Translator’s Notes:
PNR: National Revolutionary Police
DTI: Technical Department of Investigations
DSE: Department of State Security

Translated by GH

December 28 2012

Couldn’t the Journalist Wait? #Cuba

By Osvaldo Rodríguez Díaz

In the month of November 2011, the concern and emotional state of the family and friends of an accused person reached an intolerable level. They were shocked at the in-your-face and disrespectful manner in which the press referred to the defendant.

The following appeared in the newspaper Granma on 8 November 2011 in a piece headed Theft and Killing of Cattle:

One of the accused, ex-director of CENOP, in a municipality in the capital city, refers, in a totally impertinent manner, to the insecurity of the control arrangements, which he took advantage of, in order to carry out illegal acts, and he boasted of having got round the requirements of laws and decisions, making use of wide open gaps in the arrangements. 

We don’t know how the journalist got access to the information during the preliminary investigation stage, as neither the attorney nor the lawyer, as parties in the legal procedure, were notified of this.

The obvious concern of the relatives of the accused was that this report in a national newspaper could, from that moment, have a negative influence on the views of the judges appointed to deal with the case, which is unhealthy in terms of due process, apart from the fact that in our country we have complained when other parts of the media have got up to such tricks for this kind of purpose.

Fortunately, the judgement has already occurred and it is possible that the tribunal members were not aware of the aforementioned article.

The journalist doesn’t know whether the information provided by the accused is very useful, and it is a great source of regret that tribunals take it into account as mitigating circumstance, by way of Article 52 of the Penal Code.

But, remarkably, the same journalist says that, taking into account similar judgements (to those of the accused, presumably),the Ministry of Agriculture (MINAGRI) now expects to make the procedures more flexible in order to deal with the present gaps.

Beware: every accused person is presumed innocent until proven guilty in open court; couldn’t the journalist have waited for that?

Also, it wasn’t proved in the judgement that the accused would obtain any personal benefit, but would only assist the owners of the cattle in getting the better of the bureaucrats.

Translated by GH

December 26 2012