The Gag Law / Laritza Diversent

The Cuban Penal Code (CP) characterizes and punishes behavior that goes against the security of the state, the economy, public policy, etc. But in a different area of the law there is another criminal provision, which carries the same weight and promotes the same goals: Law No. 88, “Protection of National Independence and the Economy,” popularly known as “the Gag Law.”

But these laws differ in the way their rules are drafted. Law 88 is more confusing and imprecise, which makes it hard to interpret. For example, the Penal Code prohibits conduct that goes against the legal order: public disturbance, incitement to crime, etc. In each of these sections the legislature made clear the factual situation that describes the crime:

“Anyone who . . . yells out an alarm, or utters warnings of a common danger . . .” (Public Disorders, Section 200.1 CP); “A person who provokes squabbling and bickering . . .” (Public Disorders, Section 201.1 CP); “A person who . . . publicly incites another to commit a particular offense . . .” (Incitement to Commit a Crime, Section 202.1 CP).

The character of places where the criminal activity occurs is also explicit: . . . “in public places, shows, or large gatherings . . .” (Public Disorders, Article 200.1 CP); “. . . in establishments open to the public, public transport vehicles, social circles, shows, family or public celebrations, or other events or places where many people gather . . .” (Public Disorders, Section 201.1 CP).

Article 8 of Law No. 88 (Part 1) sanctions “everyone . . . who intentionally disturbs the public order . . .” and “everyone . . . who promotes, organizes, or encourages disturbances to the public order referred to in the previous section” (Part 2).

Article 8 says nothing about the nature of the places where the conduct alleged to be socially dangerous occurs. Nor does it describe the possible acts that must occur to be considered disturbing the public peace. The offense is not defined.

The authorities may consider any action to be a disturbance of public order. This creates a climate of insecurity for citizens subject to the rule.

From this analysis we can derive a lesson and discover one of the strategies of the Cuban political class: drafting laws based on undefined and highly abstract fact patterns makes the interpretation and application of the Gag Law severe and leads to arbitrariness, supposedly in the public interest.

Translated by: Tomás A.

The Gag Law

The Penal Code (CP) characterizes and punishes behavior that goes against the security of the state, the economy, public policy, etc. But in a different area of the law there is another criminal provision, which carries the same weight and promotes the same goals: Law No. 88, “Protection of National Independence and the Economy,” popularly known as “the Gag Law.”

But these laws differ in the way their rules are drafted. Law 88 is more confusing and imprecise, which makes it hard to interpret. For example, the Penal Code prohibits conduct that goes against the legal order: public disturbance, incitement to crime, etc. In each of these sections the legislature made clear the factual situation that describes the crime:

“Anyone who . . . yells out an alarm, or utters warnings of a common danger . . .” (Public Disorders, Section 200.1 CP); “A person who provokes squabbling and bickering . . .” (Public Disorders, Section 201.1 CP); “A person who . . . publicly incites another to commit a particular offense . . .” (Incitement to Commit a Crime, Section 202.1 CP).

The character of places where the criminal activity occurs is also explicit: . . . “in public places, shows, or large gatherings . . .” (Public Disorders, Article 200.1 CP); “. . . in establishments open to the public, public transport vehicles, social circles, shows, family or public celebrations, or other events or places where many people gather . . .” (Public Disorders, Section 201.1 CP).

Article 8 of Law No. 88 (Part 1) sanctions “everyone . . . who intentionally disturbs the public order . . .” and “everyone . . . who promotes, organizes, or encourages disturbances to the public order referred to in the previous section” (Part 2).

Article 8 says nothing about the nature of the places where the conduct alleged to be socially dangerous occurs. Nor does it describe the possible acts that must occur to be considered disturbing the public peace. The offense is not defined.

The authorities may consider any action to be a disturbance of public order. This creates a climate of insecurity for citizens subject to the rule.

From this analysis we can derive a lesson and discover one of the strategies of the Cuban political class: drafting laws based on undefined and highly abstract fact patterns makes the interpretation and application of the Gag Law severe and leads to arbitrariness, supposedly in the public interest.

Translated by: Tomás A.


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Laritza’s Blog: Laritza’s Laws and Cuban Legal Advisor

Everything Changes!

3-tablero-ifaMovement is a universal property: nature changes and society  changes. The difference is that changes in nature respond to  objective laws which operate with or without human involvement, while  history is made by men, allowing them to hasten or delay change, but not to stop it. The  need for social change manifests itself as a permanent dissatisfaction with  what has been achieved, which makes society a perfectible entity.

In Cuba,  the convergence of various factors – internal, external, historical, sociological  and cultural – at a specific time and geopolitical space, led to the prevailing immobility of the recent decades. But these same factors, together with new ones, have placed the limits of immobility on the agenda. A  reality that the authorities of the country, long entrenched in the  idea that Cuba has already changed, have acknowledged in their discourse – the  need to change whatever needs to be changed, or update the model, or both.

Attempts  to homogenize the pluralistic society, changing the citizenry en masse, ignoring  the vital role of rights and freedoms to determine what, when, and  how to do things, first led to stagnation, then to decline, and finally resulted in a  resounding failure with significant material and spiritual  damage.

Although  the infeasibility of the model has brought the economy to the point of collapse, the  system continues to cling to an ideology with no future, to the point that, to  paraphrase Lenin’s definition of a revolutionary situation, the coincidence in Cuba of: the exhaustion of the model; the stagnation of the nation;  public discontent; external pressures; and consensus for change, forms an objective picture showing that those underneath do not want, and those above are not able, to continue as before. In this context, while clinging to immobility and the politics of  confrontation, a series of events happened very early in 2010: the government denied entry to Cuba to a Member  of the European Parliament, the Socialist Luís Yáñez; the  political prisoner Orlando Zapata  Tamayo died following a  prolonged hunger strike; a similar strike was started by the dissident Guillermo  Fariñas; and there were various manifestations of repression against the  Ladies in White, which formed a new scenario at the very time when the  government announced the “update of the model.”

Behavioral  change was manifested in accepting and allowing previously unacceptable acts, such as: allowing Rosa Diez, leader of the Spanish Progressive and Democratic Union, what had earlier been forbidden to Luis Yáñez – to enter Cuba with a  tourist visa and meet with several dissidents; the Cuban foreign minister  meeting with the Troika of the European Union, where they raised the proposal of Cuba’s  willingness to continue dialogue despite the alleged “media campaign  against Cuba”; and the meeting of the Cuban head of state with authorities of the Catholic Church, where they addressed the issue of the  Ladies in White, Fariñas’s strike, and the release of prisoners.

But while this change in behavior does not mean that the political  will exists to democratize Cuba, there is an important practical result: the failure  of inaction, as the issue of the prisoners could be a prelude to other  urgent claims of society. I refer to rights  relating to freely leaving and returning to the country, free Internet  access, or freedom of expression, to name just three of the many needs of Cubans.

If the  government’s tactic consists only in releasing prisoners to change the external  appearance and to gain access to plans of cooperation and funding sources, it is on  the way to a new and resounding failure. To avoid  this it is important that, in the absence of an independent civil  society with the legal recognition to act within Cuba, the international community,  while encouraging the release of prisoners, should place on its agenda with Cuba  the need to ratify human rights pacts signed more than two years ago and put  the domestic legislation in line with those documents. It would be a  grave mistake to implement aid to the government without it demonstrating its readiness to go beyond the liberation of political prisoners, which  did not help either the government or Cuban society.

The desire to change must be demonstrated  with the implementation of human rights, based on the dignity of the person, and the acceptance  that, along with the government’s attempt to update the model, citizens  enjoy the right to propose alternative models, which implies renouncing the strategic interest of remaining in power forever. Citizen participation parallel to that of the State is a requirement of modernity. Cuba has changed  throughout its history and yet we are in a deep structural crisis, one  of the causes of which has been the weakness or absence of civil  society, that place of interaction and coexistence of diverse interests,  where their autonomy and independence from the state constitutes an  irreplaceable instrument for citizen participation.

The demonstration  of the ability to retain power cannot be extrapolated to progress in  the economy, which also indicates that it is insufficient to stop history. Everything  changes, and Cuba is changing.

Translated by: Tomás A.

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Dimas’s Blog

For the Democracy of Cuba

Several days ago the digital site “Rebellion” published an article which bitterly attacked the public actions of a group of men and women in Eastern Cuba who are not incorporated into the country’s Communist system, nor retain ties with any government enterprise or organization.

It was referring to the Eastern Democratic Alliance. Among the names that the journalist offered to “prove his case,” I saw mine, accompanied like the others, with adjectives used by the Cuban regime against those of us who take our time without masks or restraints.

The journalist who wrote it (Percy Alvarado) has the freedom to do so. The members of the Alliance have the freedom through my blog of telling a bit of what they have accomplished over the past seven months in parts of eastern Cuba and Camaguey, Las Tunas, Holguin, Granma, Santiago de Cuba, and Guantanamo. Despite the arrests, beatings, restrictions on movement, and closed-circuit monitoring, they all lived to tell the tale.

Rolando Rodriguez Lobaina chairs the Democratic Alliance and spoke to me on their behalf.

Translated by: Tomás A.


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Luis Felipe’s Blog: Crossing the Barbed Wire.

Using the Criminal Law for Political Purposes

In principle, States enjoy sovereign power, which they are able to express through the actions of their government bodies and the enactment of laws. The latter are the suitable instrument for exercising their right to prescribe crimes and penalties (the right to punish). But it is disturbing how the Cuban government uses the coercive force of criminal law for political purposes.

Supposedly, the criminal law and the activity of the coercive state apparatus should protect society in general. Their purpose is to prevent and suppress acts that injure or endanger fundamental interests that affect the lives of human beings. For example, protecting property against theft, and human life against acts committed against one’s person, etc.

The precarious economic situation of the nation determines in part that conduct which qualifies legally as crimes, may be welcomed, supported and tolerated by society. For example, theft in the context of labor relations with the state. In other cases, socially accepted behaviors are penalized for political reasons. The sale of goods between individuals is prohibited by law. Economic activities are the exclusive province of the Socialist State.

There are also actions that are not prohibited by law, but which are suppressed by law enforcement. For example, having an official address in a province other than the capital, and staying in the capital without authorization, can result in being detained for illegally being in Havana.

Carrying on critical journalism independent of the official media is another example of prohibited conduct that does not represent a danger to society. Law 88 of February 16, 1999, “On the Protection of National Independence and the Economy,” popularly known as “the gag law,” punishes those who publish their opinions by any means – on radio and television stations, in newspapers, or in magazines or other foreign media.

It is clear that the repressive apparatus of the Cuban state has deviated from its fundamental objective and the principal reason for its existence. While Cuban society is sinking into decay, it uses the right to punish to suppress and persecute conduct perceived as undesirable by those who wield political power.

Laritza Diversent

Translated by Tomás A.

Judicial Power in Cuba

In Cuba, the power to administer justice belongs to the People’s Courts. The Supreme People’s Court (TSP), under Article 121 of the Constitution of the Republic, is the highest judicial authority and its decisions are final. But it is not recognized as the highest organ of “the People’s Power.”

Not having the status as the highest organ of the State means that the TSP does not have sole and exclusive jurisdiction to administer justice. It means that another state body may exercise those functions. For example, the general and compulsory interpretation of current laws is the prerogative of the State Council (Paragraph Ch of Article 75 of the Constitution of the Republic).

The defense of the Supreme Law is a function of the National Assembly. The parliament decides the constitutionality of the laws that it issues, the legal decrees, decrees and other general provisions (Paragraph C, Section 75 of the Constitution of the Republic). They also revoke judicial decisions that contradict the Constitution (Paragraphs Ch, R, and S of Article 75).

The Council of State has this same authority (Subsection O of Article 90) regarding the decisions of lower bodies. They can even suspend the decisions of the Council of Ministers and those of the local assemblies, when they do not comply with the constitution or laws.

Consequences:

  • The legal system does not have a Court of Constitutional guarantees or of Constitutional jurisdiction;
  • The judicial bodies cannot rule on constitutionality or unconstitutionality, to control and guide the actions of the government and the legislature;
  • Judicial power is void in Cuba, and with it the rule of law. Higher state bodies are immune and unaccountable for the excesses of government.

Laritza Diversent

Translated by: Tomás A.

Criticism Can Be a Crime (II)

Juan, a commentator, told me he had sent a “Down with Fidel” email to the newspaper Granma, knowing that it is a crime in Cuba. He asked me what sanction they would impose if they found out who he is.

First, I don’t believe that the Cuban authorities are going to pursue him for sending a message. If they can identify him (as a specific person with all his particulars), at a minimum, they will not let him enter the country. I am delighted for this person to know the Cuban criminal law.

The current criminal law protects leaders, officials, and state institutions against negative expressions and opinions of the citizenry. In other words, criticism in Cuba can be a crime.

The Criminal Code regulates various offenses to protect the honor of the people from general forms of defamation, slander, and insult.  But protection against disrespect is given exclusively to the authorities, over and above the crimes mentioned above.

The penalty is a fine or imprisonment of three months to a year to those who “threaten, slander, defame, insult, injure or in any way outrage or offend, verbally or in writing, the dignity or decorum of an authority, public official, or their agents or assistants, in the exercise of their duties or at the time of or because of them.”

The initial penalty against Orlando Zapata Tamayo was for committing this crime. A prisoner of conscience, he died in prison after 86 days of a hunger strike. He was sentenced to three years in prison, because the offense is aggravated when committed with respect to the President or members of the State Council of Ministers and the National Assembly. Thus, it is a common crime strongly tied to politics.

This means that mocking the comrade who reflects,* calling him stupid for his incoherent policies, or labeling the speaker of parliament a cynic, can be interpreted by the police as a crime of contempt.

Juan also asked me how the Cuban authorities could identify him. I don’t know. I am only warning him of the risks.

The commentator is right when he says that “Cuban criminal law is applicable to all crimes committed on national territory or aboard Cuban vessels or aircraft, wherever they are, except as otherwise provided by treaties signed by the Republic” (Criminal Code Article 4.1).

But he must carefully read Article 15.1 of the same law. The rule specifies that “the place of the commission of a crime is where the agent has acted, or has failed to carry out a required act, or where the effects are produced.”

Juan should remember that, although he lives in Spain, when he comes to the island he is treated as a Cuban citizen, and Article 5.1 of the Criminal Code states that “Cuban criminal law is applicable to Cubans and stateless persons residing in Cuba who commit crime abroad, if they are found in Cuba or are extradited. ”

The criminal laws, to our regret, are very general and abstract. Let me explain: they contain very broad descriptions of acts (part of the standard that describes the prohibited conduct). This allows the regime to interpret and apply them loosely and as they choose. In Cuba, the judiciary depends on instructions from the State Council. This is according to the Constitution of the Republic.

If Juan wants to be sure that he will not be prosecuted if he enters Cuba, I recommend that he wait for the time prescribed in the criminal code. That is, the time that starts running from the day he sent the message. According to the sanction that applies to the crime of contempt, it is three years (Criminal Code, Article 64.1, subsection d).

* Translator’s note: Fidel Castro writes a column in Granma that until recently was titled “Reflections of Comrade Fidel.”

Translated by: Tomás A.

Criticism Can Be a Crime (I)

Juan, one of the commentators of this site, is worried. He wants to know what would happen to him if they discovered that it was he who sent a “Down with Fidel” email to Granma, knowing that it is a crime in Cuba. He also asked about the risks involved in having a blog that criticizes the current prevailing system in the country.

We part on one point: I do not incite destruction of the “socialist state.” I do not do propagandize for war nor incite violence. I limit myself to opinions about the reality I live. I am aware that they can enforce the law against me and of the risks of going to jail. I assume my responsibility for this.

If a commentator outside of Cuba is afraid, what fate remains for me? My location and identification is very easy for the authorities. I give my name, address, telephone number, and I show my face. The only thing I haven’t given is my identity number. Here it is: 80060403759.

I’m not trying to be a martyr, I don’t want to be a hero. I want a future, to make plans, to have opportunities. I love peace and I have never taken up arms. I want to decide for myself what is good or bad for me. I simply exercise the rights that are recognized worldwide for all human beings.

Rights that the State has the obligation to respect and protect. No political group has the power to restrict or violate them, except in extreme situations, yet we have borne these conditions for over 50 years.

Yes I’m afraid; for this reason I say what I feel and think publicly. We have kept silent for too long out of fear of repression, prolonging its effects. But the result is the same whether you stay silent, whisper, or speak: they still control you, suffocate you, deceive you. It is time that we all lose the fear and speak the truth head-on.

Translated by: Tomás A.

Rooted Custom

Exactly how do minors become affiliated with the Committees for the Defense of the Revolution?

When you turn 14 years old they begin contacting you and requiring your presence at meetings of the organization and volunteer works. The parents (legal guardians) don’t have to consent or reject it. Consent is implied, there is no legal formality.

You do not need written parental permission. They (the parents) know that for their children to survive and to “be someone in life” they need the endorsements of each of the organizations. They also need  it. The experience is passed down from generation to generation.

They don’t object when they are asked to pay the price for their minor child. Even, as is often the case, when dad or mom are required to be present at the meeting. Keeping up appearances is a matter of necessity.

They know that the CDR can’t solve the problems of street lighting, the water supply, or the transport situation. But they are aware of how much damage can be done by a negative opinion from the chairman of the committee or the monitors.

The home of these “leaders” is an obligatory reference for the repressive agencies of the government: National Revolutionary Police (PNR), State Security (DSE), Department of investigative work (DTI). They are the ones that confirm to the state whether you own a building or car, or intend to leave the country. Their assessments affect the determination of a sentence.

Legal guardians are aware of the consequences of refusing to be quoted by the child or publicly declaring that they disagree with joining the ranks of the organization, because they are minors, and as such, have no capacity to act or economic independence.

It’s like a rooted custom. The organization brings together all the ‘mass’. As the body grows and renews itself be incorporated into the process. It is one of the tools used in building the new man.

It starts in pre-school with the Pioneer guards, and continues with the incorporation into the  many social and student organizations that the system has. In everything they ask you to be loyal to the “Revolution” and to sacrifice for it.

However, I can assure you that less than 1% of the members of the CDR know the rules of the organization. The important thing is your commitment, not what you are committing to. They don’t care if you consent to the rules, nor if you comply with the obligations assumed.

I watched as a daughter voted for her mother who was on a mission in Venezuela, at the request of one of the leaders of the committee, who wanted her polling station to have 100% turnout at the election. Also, as the mother of a judicially-declared incompetent, she paid her daughter’s fee in the CDR and as she (the daughter) exercised her right to vote.

The saddest thing of all is that most citizens are not aware of this situation. For them it is normal. We are a people with a general education, but legally illiterate.

Translated by: Tomás A.

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.

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.

Whispers in the Wind

I looked at the picture of the political prisoner Ariel Sigler, taken after his release from prison. I closed my eyes, while various feelings swept over me. Once again I felt the reaction of the effect of his example. I wiped away the tears and composed myself.

I tried to imagine the future, before shouting aloud, “What destructive power and indolence! Who will pay for so much suffering? What is the formula for not harboring hatred and resentment? What will those say who today claim that all who dissent on the island do it for money? How much is seven years in prison worth, or the risk of going there?”

It is time to think in the present. What present? We live unique moments, but we can’t stop breathing uncertainty and incredulity. What will happen tomorrow? Doesn’t anyone know how and when the situation will end (if some day it will end)? A question to which there is no answer. Which is more disastrous, Greek tragedy or Cuban?

As they saying goes: “Everything that begins must end,” and another, “There is no evil that lasts 100 years, nor a body that can resist it.” Proverbs are laws of daily life, but how sad when daily they fill you with pessimism.

This is my present: daily walking the streets, taking public transportation, and feeling the reign of alienation. There is a single reality and worry for the preoccupied faces that pass by along the avenue: what to put on the table to eat. They sleep, but they do not have dreams. They know that there will be a tomorrow, but they are resigned not to think about the future.

They don’t know that there is an “unprecedented dialogue” between the church and the current leadership for the release political prisoners, that democratic governments of the world are pressing for respect of human rights on the island. They only know that there is a “media war against Cuba.” So they are informed by Granma, the Round Table, and Star News (NTV).

Instead, I try to find out and convey what is happening, so that the news runs from mouth to mouth, forming the snowball and later the avalanche. The listener keeps silent. You feel the look of doubt when with faith you pronounce the word “change.” It seems you do not understand, you are confused. Are you deaf, blind or dumb? No, they just think you’re crazy. There everyone stays, afraid to repeat what they hear, and your words remain, like a whisper in the wind.

Laritza Diversent

Translated by: Tomás A.

My Island Hurts

Cuba produces passions, but also pain. I am taking the liberty of reprinting here the comments of some readers, showing how much this island in the Caribbean Sea is hurting.

Laritza Diversent

Gabriel

“I’ve met many Cubans living in Spain, and their greatest trauma was not just the loss of their home. I’m talking about a lady in her sixties who gave me music lessons when I was about 16 years old. That is, back in the decade of the 60’s. For her, the greatest trauma was that they would not let her take her family photo album out of Cuba. Nor would they let her contact her relatives who remained in Cuba, either by phone or mail.

They erased the reminders of her entire life. Those photo albums lacked any monetary value. They prohibited her from taking them only to hurt her. That nostalgia for lost photo albums has been recounted to me by several different Cubans. Memories can be more valuable than objects.”

Dora Amador

“Few people in Cuba think about the pain of being uprooted. The unspeakable trauma that leaving the country entails. That is my case. I left at age 13, I am now 61. All my life, I had no greater desire than to return to my country, which, God willing, I will, to a Free Cuba, wonderfully democratic. I know it’s not easy to achieve democratic institutions, not only in the republic, but in ourselves, respecting the diversity of ideas and the validity of elections, etc.

Being exiled is one of the most horrible sufferings that a human being can experience. You can now observe this in the case of Adrián Leiva, who died trying to enter his country, because the government would not allow it.  That is my case, too.  They will not let me enter, they will not give me permission to return to my country. Soon all this will change forever.”

Anae

“Every officer who attends those who leave Cuba has a kind of license that allows them to mistreat you, with or without words, through every proceeding. In my case it was in the final days, in one of the offices where they multiply the documents needed to finish, so as not to allow you to say goodbye to your family and friends in peace, always thinking that something is missing and “without that” you cannot go.

The lack of one simple document is fatal . . . and terrifying.  It’s enough to lose sleep over, to say a quick goodbye and turn your face as you fight back your tears. Then, while waiting for the flight, you want to leave and say you’re sorry, to calmly say that you expect to return one day, but it’s not possible. Many people have not been able to return to reconcile themselves at this moment, and perhaps that is why they carry a heavy load. Many more than those who have been able to do so … ”

Eneas

“Yes, the wounds don’t heal, there are many. I left behind mother, child, childhood friends, etc. In short, every day of your life you live with nostalgia and suffering, because many of these wounds will follow you forever. I just wish that Cuba could return to normal, where the rights of every citizen are respected, and you can live in peace and harmony. Do you see? I don’t know … ”

Modesta García

“I too left Cuba 30 years ago and haven’t returned, because I also have open wounds, and I can’t forget. There were 10 years of waiting, when the exits were closed from 1970 to 1980, without hope. I started working with the government, and since I wanted to leave the country, I was considered a CIA agent. They invented sabotage plots, they watched me, etc. I can’t count all the intrigues, sufferings, and torments. All this cooled my desire to return to Cuba.

Although they tell me that it’s different now, I know that’s not true. Recent events show that nothing has changed, that it’s business as usual. I’m not a masochist, and as soon as I set foot in the airport, the humiliations by the employees would begin. I came to this country seeking freedom; I have it, and I enjoy it, and I don’t want to be without it for even a second.

This is not to say that I feel nothing for Cuba. On the contrary, for everything that happens, I’m sorry and I’m concerned and I very much want their freedom.  But until there is freedom, I will not return. I’m not critical of those going to see their parents, siblings, children, etc., because that is human.

I am critical of those who visit the Island looking for cheap sex from unhappy girls who do it out of necessity, and of the “millionaires” who cover themselves with gold-plated jewelry, so people will believe they are wealthy and ought to be treated as celebrities. Unfortunately, these are the sad realities of travel to Cuba. I hope this nightmare ends, once and for all.”

Translated by: Tomás A.

My Island Hurts

Cuba produces passions, but also pain. I am taking the liberty of reprinting here the comments of some readers, showing how much this island in the Caribbean Sea is hurting.

Laritza Diversent

Gabriel

“I’ve met many Cubans living in Spain, and their greatest trauma was not just the loss of their home. I’m talking about a lady in her sixties who gave me music lessons when I was about 16 years old. That is, back in the decade of the 60’s. For her, the greatest trauma was that they would not let her take her family photo album out of Cuba. Nor would they let her contact her relatives who remained in Cuba, either by phone or mail.

They erased the reminders of her entire life. Those photo albums lacked any monetary value. They prohibited her from taking them only to hurt her. That nostalgia for lost photo albums has been recounted to me by several different Cubans. Memories can be more valuable than objects.”

Dora Amador

“Few people in Cuba think about the pain of being uprooted. The unspeakable trauma that leaving the country entails. That is my case. I left at age 13, I am now 61. All my life, I had no greater desire than to return to my country, which, God willing, I will, to a Free Cuba, wonderfully democratic. I know it’s not easy to achieve democratic institutions, not only in the republic, but in ourselves, respecting the diversity of ideas and the validity of elections, etc.

Being exiled is one of the most horrible sufferings that a human being can experience. You can now observe this in the case of Adrián Leiva, who died trying to enter his country, because the government would not allow it.  That is my case, too.  They will not let me enter, they will not give me permission to return to my country. Soon all this will change forever.”

Anae

“Every officer who attends those who leave Cuba has a kind of license that allows them to mistreat you, with or without words, through every proceeding. In my case it was in the final days, in one of the offices where they multiply the documents needed to finish, so as not to allow you to say goodbye to your family and friends in peace, always thinking that something is missing and “without that” you cannot go.

The lack of one simple document is fatal . . . and terrifying.  It’s enough to lose sleep over, to say a quick goodbye and turn your face as you fight back your tears. Then, while waiting for the flight, you want to leave and say you’re sorry, to calmly say that you expect to return one day, but it’s not possible. Many people have not been able to return to reconcile themselves at this moment, and perhaps that is why they carry a heavy load. Many more than those who have been able to do so … ”

Eneas

“Yes, the wounds don’t heal, there are many. I left behind mother, child, childhood friends, etc. In short, every day of your life you live with nostalgia and suffering, because many of these wounds will follow you forever. I just wish that Cuba could return to normal, where the rights of every citizen are respected, and you can live in peace and harmony. Do you see? I don’t know … ”

Modesta García

“I too left Cuba 30 years ago and haven’t returned, because I also have open wounds, and I can’t forget. There were 10 years of waiting, when the exits were closed from 1970 to 1980, without hope. I started working with the government, and since I wanted to leave the country, I was considered a CIA agent. They invented sabotage plots, they watched me, etc. I can’t count all the intrigues, sufferings, and torments. All this cooled my desire to return to Cuba.

Although they tell me that it’s different now, I know that’s not true. Recent events show that nothing has changed, that it’s business as usual. I’m not a masochist, and as soon as I set foot in the airport, the humiliations by the employees would begin. I came to this country seeking freedom; I have it, and I enjoy it, and I don’t want to be without it for even a second.

This is not to say that I feel nothing for Cuba. On the contrary, for everything that happens, I’m sorry and I’m concerned and I very much want their freedom.  But until there is freedom, I will not return. I’m not critical of those going to see their parents, siblings, children, etc., because that is human.

I am critical of those who visit the Island looking for cheap sex from unhappy girls who do it out of necessity, and of the “millionaires” who cover themselves with gold-plated jewelry, so people will believe they are wealthy and ought to be treated as celebrities. Unfortunately, these are the sad realities of travel to Cuba. I hope this nightmare ends, once and for all.”

Translated by: Tomás A.