Wednesday, September 24, 2008

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Wednesday, May 14, 2008

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Insurance Settlement Association.
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individual in the Department of Labor.
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discovery and disclosure of secrets, burglary
Crimes against honor: slander, libel
Crimes against family relations: marriages illegal - labor and alteration assumption of paternity, state or condition of the child-breach of the duties of custody, child abandonment induction address, abduction, abandonment of family, children or
unable Crimes against property and against the socio-economic order:
theft-theft-extortion, robbery and use of vehicle theft, fraud, misappropriation
damage-crimes relating to intellectual property
offenses relating to industrial property-related crimes to the market and consumers, receiving
Crimes against the public and against social security
Offences against the rights of workers
Crimes against foreign citizens
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LEGAL SERVICES LETTER


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Tuesday, March 11, 2008

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NEWSLETTER N ° 7 February 2008: Readers:


The current Agramontista (group of independent lawyers Cubans) is pleased once again to present to you, Dear Reader, another issue of its newsletter, the seventh-, which-as usual, we invite you to discuss, disclose and reproduce. They appear in the various articles and speeches, the text, of course, is the sole responsibility of each of their respective owners.
In our previous issue was referred to our President awarding of the prestigious International Award for Human Rights Ludovic Trarieux , which provide together various legal institutions of the Old World (France, Belgium, United Kingdom, Italy, Germany, Poland, etc.).
On October 19, 2007, after the publication of the previous issue of the Bulletin, was held at the Senate building the Kingdom of Belgium for the ceremony. It could not attend the colleague René Gómez Manzano, whom the communist authorities denied the "exit permit" you need all Cuban citizens to travel abroad, however, did attend his personal representative, the lawyer also Agramontista Juan Escandell Ramírez, a former supporter of numerous political prisoners currently in exile in Florida. Our current is very pleased to now publish this newsletter speeches made on that occasion by Dr. Bertrand Favreau, president of the International Jury awarded the prize, and by its own Escandell. We also include the message that Gomez Manzano, in anticipation of the refusal of the immigration authorities to grant the "exit permit", had previously recorded, of this text include the sentiments of our President, who believes that this award is not only him but all lawyers Agramonte.
The Number 7 is issued when just taken place in our country the inaugural meeting of the Seventh Legislature of the Popular Power National Assembly, which has institutionalized the cessation of Dr. Fidel Castro in the exercise of supreme command, and the designation in property, to take the responsibilities of President of the Councils of State and Ministers Army General Raul Castro Ruz. It remains curious that the premiere of the new Head of State has gone together with a clear infringement of supralegal text now displays the communist regime: According to paragraph d) of Article 93 of the Constitution, one of the powers of the president is to "propose to the Popular Power National Assembly, once elected by the Commission, Council members of Ministers. " As is known, this rule was breached, and also unnecessarily, since according to the intentions announced by the new supreme ruler, well have to be formally ratified in their positions the various ministers, without prejudice to the subsequent implementation restructuring of the central state administration has been announced.
The authorities have stressed the need for change, showing somewhat the scope of the statements made by Army General on 26 July and seven months ago about the need to carry out "structural reforms concepts, "that includes, as already noted, the restructuring of the central state administration as well as removing unnecessary prohibitions, the abolition of the dual currency, increased agricultural production and the elimination of irrational subsidies. In the same statement of 24 February, the new Head of State has said that "there is no fear of discrepancies in a society like ours."
These approaches suggest that the new government will take steps designed to bring the country out of the deep crisis in which it is sunk, and point to the possibility of social norms to achieve more rational and modern, and less exclusive and discriminatory. Hopefully, for the good of Cuba, facts fit the words, and that these desires do not lead to more frustration.
also be welcoming the release of four members of the Group of 75, although in this case with the deplorable condition they leave the national territory. Our current hopes to be producing more releases of political prisoners, and that they are unconditional and without exile.
The new government of the Republic has signed two human rights covenants of the United Nations. This is hardly, of course, the initial step in the process so that our country becomes a party to these conventions, because there is no ratification and deposit official instruments; also worth noting that the Cuban Party has announced that reservations to the text of these statutory bodies. Moreover, it should be noted that before the inauguration of the current president, the communist regime has signed documents that have not been met, as the Declaration of Viña del Mar. We hope that this situation is not repeated in the case of two major international covenants mentioned first, especially when they have a higher legal hierarchy.
In the case of Rolando Jiménez Pozada Agramontista lawyer, to whom we present all the time, we are compelled to note that, unfortunately, remains locked in the prison of El Guayabo in his native Isle of Youth. We must say it is unfair not only incarceration, but he has been rude provocations, such as sneaky aggression against him by several highly dangerous common prisoners, with the consent of the prison authorities (which were locked all together in one area of \u200b\u200bthe prison), beat him savagely, causing serious injury. Current Agramontista once again condemns this cowardly attack and the unjust situation of confinement and isolation that is the colleague and brother of our struggles.
Keeping in mind this situation, Current Agramontista reiterates its appeal for solidarity with our colleague and all political prisoners of our country, and repeat again its just demand: Freedom without exile for Pozada Rolando Jimenez and the other Cubans imprisoned for their ideas!
Havana, March 2008.

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COLLECTIVE BARGAINING: TO BE OR NOT THE PUNISHMENT OF DEATH

by Maybell Padilla Pérez *

In practice, collective bargaining is a process that gives parties conciliatory: Management and union, basically. Through it is given the opportunity to exchange formal promises and commitments, addressing points of view born of the daily life in a given entity, which must be congenial harmony, so that these particulars are not within the loopholes in the law, but require collective bargaining for the rights of workers are adequately protected, without exception, from a worker to an HIV patient ex-prisoners, including the highest degree of specialization of a worker.

The collective agreement is an agreement signed by representatives of the Administration, on the one hand, and the union representing the workers, of the other, "to establish the conditions governing the individual and collective labor relations, while the rights and obligations of both parties by the administrative and development activity and initiative of workers, with varying socio-economic relations, also apply to employing entities with foreign investment.

such, collective bargaining is an exchange of promises and commitments, according to criteria, consists of two phases: making promises (contract negotiations) and fulfilled so as to satisfy the commitments made. This involves specifying the reconciliation of interests and to enhance and improve labor relations. The

legal instruments of this important aspect of everyday working life are the Decree-Law No. 229 (April 1st 2002, the State Council), On Collective Bargaining "and Resolution No. 27 of 2002 Ministry of Labour and Social Security (Regulations of the Decree-Law), which is based on substantially the spirit that characterizes it (which replaced the previous legal instrument governing it.)
With collective bargaining, they seek to solve the labor problems that occur in the various entities, especially with regard to gaps and issues not mentioned in legal life, and highly dependent on the daily to be taken account for these peculiarities appear in the negotiation. It is not just expose problems and needs, but, together, reach a consensus as to the commitment to meet these dilemmas, according to the obligations and responsibilities to each concern in its solution. The negotiation process can be described as follows:

• Once completed the development of the project, is presented to workers, the general assembly for analysis, discussion and approval, a term that should be no less than seven days nor more than thirty.
· Of approved the document will be signed by the parties, reflecting the date you enter into force and duration.
· The dispute arose during its preparation can be handled by higher levels, with the participation of stakeholders.
· If detected a violation of the clauses, we will notify the offending party to rectify, if unresolved, will rise to the administration or the union, for its solution.
· The discrepancies in the preparation, modification or review, or that arise during the term of the Collective Bargaining Agreement, shall be submitted to the panel of the National Labour Office, attended by the Central de Trabajadores de Cuba (CTC) and stakeholders.

For all legal purposes, are void the terms and provisions of employment contracts or other documents that contravene or conflict with the agreements of the collective bargaining agreements concluded between the business entities. Considered devoid of legal value contractual links contrary to the law, which revocation shall declare its provincial branches of the National Labour Inspectorate.

collective bargaining agreements may be concluded between two or more legal labor, to adopt agreements to be entered on the duties and rights of the parties involved in them (government and joint venture entities, relevant unions and employer firms). National bodies that are employment agencies may lead to a tripartite agreement.

budgeted units or activities with similar characteristics, allow the Collective Bargaining Agreement when the similarity or similarity of working conditions so warrant, provided it is matter of mutual accommodation, which must be captured between the head of the agency and the national union for prior approval of the Minister of Labour and Social Security.

The term of an agreement is at least a year and a maximum of three, as agreed. During this period You can make additions, modifications and deletions made or under other legal provisions or features of the entity concerned. Its scope covers all workers in the labor organization, union or not, the new entrants and those who subsequently join to work. In the Collective Bargaining Agreement should not miss include:

· Specifications income.
• Promotion and retention of workers labor organization.
· regime of rest, work and occupational hazards.
· Terms wage, stimulation and training.
· Facilities of the union, incorporation courses, seminars and other activities.
Homepage More.

The development of the Collective Bargaining Agreement begins when the parties submit in writing questions to get along, guided by the Manual of Procedures for the Development of Collective Bargaining, without having to copy ", in the legal text general appear related items on labor policy, social and trade union to take into consideration in the negotiation process, including:

• Procedures for admission, retention and promotion of employment.
· Rules, manners and indicators for assessing workers.
· Main jobs.
· Review, dissemination and effectiveness of internal disciplinary regulations, branch or certain categories of workers.
• Procedures to determine whether a worker is qualified.
· relocation of workers.
• Since work by appointment.
· Periods of testing and technical training and professional association
· Policy, development strategy and conditions of trade union cadres to do the job. Association
• Participation in programs to generate new jobs.
• Attention to the worker, in particular pregnant women, young, new workers, retirees and relatives of deceased workers.
• Attention to disabled workers, shelter and contingent workers.
· Facilities justice agencies to work as a basis for its operation.
· Determination of available workers and the causes of work stoppages.
· Work, rest, work breaks and end of the workday.
· Template and qualifiers of charge.
· Systems of wage payment and stimulation.
· Credits and budgets to the workers.
Transportation • collective labor.
· socialist emulation, moral and material.
· Auto Inspection procurement work force.
· Review Card Accrued Salaries and length of service (SNC-2-25).
· Ways to compensate for work on holidays and national commemoration.
· Maximum overtime performed.
° day of closure of payroll and payroll.
· Topics related to ANIR and Science and Technology Forum.
Homepage More than labor policy and wages may be necessary.

Chapter II of this Decree-Law (Enforcement of Conventions, Completion and Resolution of the discrepancies arising in the Development and Implementation) grants the right to request the application of the law with the non-conformity in terms of the Collective Bargaining Agreement, giving knowledge to the panel that covered by this Decree-Law.

this body represents, undoubtedly, one of the key legal instruments of trade union work, provided that this organization is a faithful exponent of the interests of the working class. It is essential that the Collective Bargaining Agreement is drafted properly, without omissions, and its terms must be respected and fulfilled, by management and the union.

not be overlooked that in a system like ours, the union does not represent workers or their interests, so that should work for the working class aware of the provisions of this Decree-Law, so that workers assemblies propose issues not contained in legal regulations or is necessary to reflect, from treatment to HIV-AIDS patient or a former inmate, until a disabled person. If there

recognized independent unions, they could participate in the preparation of those conventions, but as not, it is imperative that workers know their rights and reflect them in collective bargaining, mainly in relation to matters not reflected in the Act or that are typical of that labor organization and, unfortunately, not covered by the agreements are not met, or not claimed by not knowing the ways employees use or the legal arguments necessary to deal with the Administration and the official labor unions.

What is not adequately reflected in the Collective Bargaining Agreement can not be claimed. Everything should be referred to in the text of this document. The different working conditions should be described, for the execution of work, with particular intrinsic to each place, legally reflect that important legal instrument, or to remedy gaps in the law is through this route. A good negotiator

by the association, whether officially or independently, must possess qualities that enable a substantial use of the opportunity it provides collective bargaining, given that this process should aim to be continuously improved to solve the problems. Working life is the one that says where is the problem and what is the solution.

If the negotiator does not know the rights of workers, but meets the conditions set out its role will be zero, so it must be a student of the trustee and labor regulations and be aware of their role as union leader. In practice it is difficult for a person meets such exquisite qualities, for It should work in teams, have their executive and master each one of them his share.

Although the present Decree-Law and has years, there are still companies that are governed by the repealed, which means that there are difficulties. To this is added the lack of many workers and the incompetence of not a few leaders. Among the problems encountered, we noted:

• Lack of knowledge about essential aspects of the Decree-Law No. 229 and Resolution 27/2002.
· unfamiliarity on the part of workers of the main problems affecting them and must be agreed.
· weakness statement union leaders, officials administrative workers, the provisions of both legal instruments.
• Lack of systematic screening of the agreement.
· Disinformation among workers about their rights.
· Poor wording.
· evolutionary clause that do not respond to the problems of the entity, or not met.
Absence of relevant legislation.
· Validity of some of them for more years than required.
• Lack of discussion with the workers.
· Contradictions in the state.
· Lack of labor legislation on their rights and defend them.
Homepage More. Generally

not covered by them:

· Youth workers.
° Male and female workers who have been deprived of their liberty.
° Male self-employed.
· Woman partial disability that is bound to another job.
• Attention to retired women.
· Work of pregnant women and single mothers. Incentive
· women for procreation, to avoid aging that precipitated the Cuban nation. Administrative sanctions
· leaders when a worker suffers a workplace accident for failure to set on the Protection and Occupational Health.
• Elimination of financial penalties, that lower wage workers. Proposition
· within the provisions relating to the administration of labor justice, changes adapted to the conditions of their work.
· Garantización of working mothers who enjoy one-year license, when the child this age and she can not walk into work.
· Stimulation good workers, giving them more days off, especially if you have more than twenty years as workers.
· Grant opportunities for women to fill positions.
Do not discrimination against women because of their color or religion.
· suffering monetary Effect a worker to the child's illness.
· Grant of a cash benefit in service or in kind, a single working mother for reasons that proved unable to do your job, which must appear as stated in the terms of the Collective Bargaining Agreement.
· Entry in the Collective Bargaining Agreement (with the solution to give in these cases) the status of single working mother when she did not perform work outside the home for the care of their minor children.
· Terms labor and environment.
Warranty on media safety and health, and adoption of measures to prevent occupational accidents and diseases.
• Plan of action and prevention program risks, and schedule of medical checkups and specialized.
• Right of the former prison worker, with or without children, to their special status is reflected in collective bargaining.
· Ensure working conditions corresponding to the types of activity in the labor organization, and consistency of its peculiarities in terms of collective bargaining.
· assessment of the conditions and methods of the activities that should be paid leave and unpaid.
"remark of the benefits of self-employed workers in collective bargaining labor entities where they exist, so that they enjoy equal rights with other workers.
"remark of the working conditions of persons engaged in business entities and enjoy total disability pension or have limited work experience a partial disability.
Homepage More emanating from the richness of life.

Well argued, discussed, analyzed, internalized and defended the Collective Bargaining Agreement can become an important tool in the hands of the working class. We think that the Labor Law is essentially dynamic, dialectical, changing every day life.

then?

A collective bargaining is not another way to be or not be.
* Maybell Padilla Pérez: Guantanamera. She graduated from the Universidad de Oriente a BA in History (1973) and Law (1978). She was a professor of law faculties of universities in East and Havana. Specialist in Labor Law. Worked as such in the Cuban Fishing Fleet. Former member of the current Agramontista. He is currently Director of the Bureau of Labor Independent Legal Advice (Bajilan) and Deputy Secretary General of Council of Cuban Workers (CUTC).

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Godínez by Lazaro Gonzalez Giraldo *
has tried to give scientific explanations, philosophical, political, religious and multiple nature to explain the origin of life. Despite the controversy, all or almost all agree on the marvelous, mysterious and wondrous of it, what helps is valued as the main property of the individual.
Legal matters, what distinguishes one country from another is precisely the concept we have about the person, as in countries where men and gender is more important, ruled by democracies with a proper rule of law, where the guiding principle of the law is the supreme protection of person and human life. This does not mean that there are more or less democratic countries-politically speaking-where life is respected, but as a rule, there is a correlation between democracy, the person and the right to life as well innate and sacred. Therefore, the death penalty is the deprivation of life of the convicted for committing a serious crime punishable by law the death penalty. It also called capital punishment.
writers and philosophers of the eighteenth century, as Montesquieu, Voltaire and Cesare Beccaria (the Marquis) called for major reforms in the penal systems, which were being gradually from limiting the punishable offenses capital punishment until its complete abolition in many legislations. During the nineteenth century emphasized the social aspect of criminal activity, and studied the free will of the offender, noting that it was possible to modify their behavior through education and living conditions. These studies paved the way for studies on the rehabilitation of punishment and rehabilitation of offenders. For its part, the abolition of capital punishment (death penalty) in many countries caused the abandonment of value "magic" of punishment, and even awareness of the offender is still one of the goals of imprisonment, it is first purpose to be effective in the social.
Today, many countries allow the death penalty only in exceptional cases, as in wartime and in situations of extreme gravity. The U.S. has the death penalty in some states, after a ruling by the Supreme Court ruled against the same grounds it was unconstitutional, but, unfortunately, in those states of the American Union which authorizes such a procedure is applied so frequently than would seem that is a phenomenon across the country. Other decisions of the highest court of the United States has sustained its adaptation to changing the Constitution.
In Spain, the death penalty was abolished by the 1978 Constitution, as in the entire European Union.
Proponents of capital punishment argue in their favor exemplary character, which, as interpreted, is not achieved with imprisonment. Those opposed to the application of the death penalty argue just the opposite, adding as an argument the possibility of judicial error regrettable that never shall be free (it would always be impossible to remedy), and the helplessness of those inmates , having no financial resources, could not afford an effective defense at trial, or simply that the defense has been erroneous or misleading. But above all things, is a terminal penalty, which admits no possibility of amendments.
considerations are primarily ethical and religious to the most weight at the time to advocate for the abolition of the death penalty, considering the right to life as sacred and unquestionable.
dictatorships or regimes with democratic appearance have remained in their death penalty laws, among other things for a mechanism of coercion and force to appease the disgruntled crowd.
There are countries where governing exceptions to their application, so we see that does not apply
• With based on assumptions;
° at women
· At over sixty years
· A political prisoners and common crimes related to political, and
· A criminals whose extradition has been granted under that condition.

against the ruling that imposes the death penalty will be permitted all legal remedies, including the appeal, it will always be accepted for processing. The penalty will be executed after exhausting all resources. The Congress may abolish the death penalty.
Those who defend the right to life, believe in the sanctity of it. Consequently, there should be established, rule or applied in any case the death penalty or torture, or other degrading punishment or procedure involving the loss or decline physical integrity or health of the individual. In no case should be allowed to serve prison for violating the dignity of the person, but rather should ensure that the criminal trial and to pursue his rehabilitation, fitness to work and prophylaxis of crime, and protect society from possible beaten by people who threaten the common good.
The right to life is inherent in human beings. It must ensure protection in general from conception, should be abolished the death penalty in any legislation. Everyone should be protected by the state in its physical and mental integrity, as well as in his honor and reputation; without prejudice to other rights necessary for full moral and material derived from the nature of the individual.
Our country has a long history with this type of sanction in positive law. It said it was exceptional and should only be applied in the most serious offenses for which it is established. You can not apply to persons under twenty years, or women who committed the crime while pregnant, or are in the time of sentencing. Is executed by firing squad. However, the mere fact that there is the possibility of imposing such sanctions means that there are definite interplay with human life as leverage and coercion by the authorities. This catalog as a lawyer as an embarrassment to the Cuban justice system and lawyers involved in it. There are other ways, other faults under our law that could be alternatives to this shameful and lamentable failure as shameful and regrettable failures are all imposing the death penalty in response to violations of the Act
One of the most great mistakes of man is to believe God, and although we are made in His image and are the temple of the Holy Spirit, why not have the right to decide on our own lives, let alone on others. That flourish culture of life, to cease and the culture of death in which not a few Sometimes we educate, train and live our lives! This is the goal and the way we should go Cubans
* Godínez Lázaro González Giraldo (Guane, province of Pinar del Rio, 1964): Bachelor's degree in Law at the University of Havana ( 1988). Current member Agramontista. Practiced law in lawyers' Vueltabajo the capital for years, until his unjust expulsion following a judicial hoax. Earlier, another similar attempt to ban arbitrary practice led to the submission to the National Organization of Collective Law in a document Current support Agramontista, signed by dozens of lawyers in business. He served as General Counsel of the Civic Consulting Center for Civic and Religious Pinar del Rio. Resides in the city of Pinar del Río.

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MYOPIA OF SOCIALIST LEGALITY

Register for Vicente Casas *

some time ago was published in the newspaper Tribuna de La Habana an article entitled "Illegal Sale of Oil Discovery." As expected, this was an action of the National Revolutionary Police (PNR) through which were taken over a hundred gallons of cooking oil at a house in the municipality of Regla in Havana, said the source.
action that leads the title of that article (ie, "discover") encourages the comment. It is no secret that there are people wandering around town or displayed on any site-by-section that is publicly offering food, household products and others, including those found from aluminum tooling for the home to the stunted stalks clothesline plastics, which often meet immediate needs of the Cuban family, almost entirely neglected by the Castro government paternalism, which is unable to guarantee either the petty candles or paraffin wax to provide some illumination during power cuts in so-called rolling blackouts. This illegal action of the illegal sale, so evident today in Cuba, takes more features actually hungry criminal who, for reasons that motivate him and the circumstances surrounding many of the authors, because of the hardships of daily life suffering and suffer to the same agents and officials responsible for ensuring internal order.
According to the publication itself, the occupation of edible oil was made possible by the information of the population (the informant insurance have secured their oil to survive). This is food for thought and analysis, as in dozens of occasions I had to set demands, complaints and denunciations with the competent authorities for violations of civil rights or third mine by right of representation, violations that systematically violate the order established legal and blatantly violate fundamental rights says the government guarantee in the Constitution, expressed specifically in Chapter VII (Articles 45 to 61 and 63).
citizens these rights are recognized as "fundamental rights", and in some cases with limiting or distinction expressed itself Constitution, as, for example, in Article 53, which states recognize freedom of expression under the late socialist society, in Article 54 (the right to freedom of assembly and association, governed by of social and mass organizations recognized by the government) religious freedom while respecting the law (law as an expression of political will of the ruling class in power atheist), or the inviolability of the home with the exceptions laid down in Law, are often a dead letter. That
Constitution of the Republic of Cuba formally recognizes the supreme principle of the rule of law, to express in the article 66 that "strict compliance with the Constitution and laws is an inexcusable duty of all." Thus, it should be noted, "if there is a legal order to which we should all be equal, why not act with equal force to facts made known to the competent authorities for the timely information to the public through the hundreds claims, complaints and reports each month come to the Attorney General's Office, the Ministry of Justice (MoJ) and other relevant units?
facts are as frequent as those established by the substantive criminal law (Law No. 62 of 1987) in the Special Part (Book II), Title II, Chapter I (violation of the duties inherent to a public function), acts committed against the impoverished village where the average citizen by necessity have to perform administrative, or other voluntary jurisdiction, which show, by officials without shame, repeated acts of corruption, bribery and abuse of authority with the strong intention to profit, made that on a personal repudiation, it is not a dignified way of obtaining financial support to help alleviate the miserable situation that we pay single employer pays the Almighty who is the government, is to him that he must demand that our task in its own right, not acting as merchants of the needs of others. Given
other acts in violation of the law (as, for example, the events in business that is in violation of Title X of that substantive criminal law, crimes against labor rights, or those covered under Part XIII - property rights crimes-), usually do not act properly or simply fails to act when it comes to cases where the victim is a natural person, something similar happens in the frequent cases of corruption described in the Articles 224 (abuse of financial and material resources), 225 (abuse in the exercise of office or employment agency economic) or 227 (violation of the rules of consumer protection). Faced with such impunity, it should be called "myopia of socialist legality."
is clear that this reflects a system of government where there is no real rule of law and where political will of the ruling class is called to protect the individual rights of the individual through which it may exercise the powers laws city attributed to each specific situation to its defense handled individual rights, limited only to the action of passing work to complain to the authorities, which is the best variant: after a long wait give an answer, without convincing the claimant worn in the coming and going from one place to another in search of a solution to your problem.
As a direct effect of this legal myopia, there are in all economic enterprises, administrative bodies and other institutions of production and government services and the Cuban State, a kind of "illegal law" approved by the chief diplomat of this with the misapplication of the law. Managers or directors, members of the Communist Party of Cuba (PCC), which are designated and carefully selected, have the occupational qualification "tables of state and government" (these pictures, although are moved from one place to another and rarely fall to the ground, they have nothing to do with pictures of works of art that are exhibited in galleries and are of a political category own government jargon). Its functions, duties and powers are regulated by the decree-law 196, 236, 1999 and 2004 and its Code of Ethics.
These men deftly wields authority surrounded by a work team or group of persons or their unconditional full confidence, a kind of clan, which in exchange for certain personal facilities (such as: allocation of vehicles, jobs or positions privileged to themselves, their family and close friends, and other material facilities movement or action and the means and resources of the entity), submit to the will of the boss regardless of the legal order, to which all owe obedience in the first instance and by which they must ensure in particular.
is my personal opinion that this kind of behavior (administrative corruption) is one of the greatest evils of the system of government headed by Castro, and has cost ever more impoverished the Cuban people over the much-vaunted million damages the lien or so-called "blocking" of the governments of United States.
Administrative corruption is no stranger to government, but as an endemic disease is almost impossible to eliminate and very difficult to control, despite all the legal rules that have been established in recent years, motivated by the extreme economic crisis, among them stand Resolutions Nos. 013/03 of the Ministry of Audit and Control, and number 297 / 03 of the Ministry of Finance and Prices, issued with the purpose of exercising greater control over economic institutions of government control in practice is very effective because it builds on the principle of self-control, a system of committees and bodies colleges in which they control controlled, and the president or head of the control groups is the head of the state administrative entity. In other words, maintaining the same standard of double standards and dead-letter law, where everything is written, but in practice little is met, or met by appropriate interpretation of the director, manager or head of the company or economic entity, and where knowledge is worthless or work of a consultant. I have heard cases of lawyers worth it, exercising his profession as specialists in economic entities of the State, for doing their job with real ethics have been harassed and hounded to separate from his job, forced to resign and, therefore, to seek employment in another place at the end turns out to be the same or worse.
In our country, under a legal system or another we must live without anarchy, with all and for the good of all, they are the law with objectivity legislative, justice and reason, nurtured in the dispute and respect the rights of others, those who prevail, not personal interests a few bad Cubans.
* Register Vicente Casas (Havana, 1958): Self-taught. Technician Graduate in Law (1992) and Bachelor of Laws (University of Havana, 1998). Specialist in Housing. He has worked as such in municipal departments of the Cuban capital. He has served as consultant and legal adviser. Current member Agramontista. Reside in Havana.

Monday, March 10, 2008

Leroi Compressor Manual

Socialism and Totalitarianism

by Manuel Fernández Rocha *

Socialism and totalitarianism are not the same, and even totalitarian regimes have taken the name of socialism, we can not mix them in any way.
socialist parties emerged in Europe and spread worldwide from the mid-nineteenth century. Were aimed at reforming society and defend the interests of the lower classes in the first place the interests of the working class. International
were divided into two: one in 1864 and another in 1889 in Paris, during the centenary of the French Revolution. The Second International is currently active.
The Socialist Party has turned into a political party that focuses on social improvements for the benefit of all people and in raising general living standards. It is not the dictatorship of any kind and is an advocate for Human Rights of individuals.
Totalitarianism arises after the First World War. Earlier, in November 1917, took power in Russia, eliminated all other political parties and confiscate all property. The State becomes the monopolist of all activities and personal individuality disappears.
Totalitarianism in 1922 extends to Italy, in 1933 to Germany in 1939 to Spain and China in 1949. Other countries in the world, mainly in Europe have totalitarian governments between the two world wars.
In Germany, Italy and Spain are organizing a national totalitarianism, in Russia establishing a proletarian internationalism that lasted 74 years and started from 1919 with the creation of the Third International, which he refused and was denied by the Second International.
The big problem is the personal dictatorship that comes with totalitarianism and denies all the principles of collective leadership of socialism.
totalitarianism in practice denies the collective leadership, which is the basis of democracy. Top leaders emerge who can do everything and govern without the consent of the governed. Comes a highly centralized government and are eliminated by force all the other political parties. To centralize everything and to eliminate any criticism, the government sealed and the greatest errors occur.
The mass media only publish what the government wants, and like it. The people are uninformed and repressed. Education becomes political indoctrination. Is total propaganda and has no nuances.
This oppression is not practiced in countries where the socialist party has been government. Currently, in Europe and Latin America governing Socialists in various countries.
You see, socialism and totalitarianism are not the same, and the differences are enormous. Is democratic socialism, totalitarianism no, the human rights advocates socialism, totalitarianism did not, and socialism does not repress its critics, totalitarianism itself. Totalitarian states people flee or commit suicide, the prisons are full of political prisoners. The socialist government with other political parties seek to advance their people, not predestined to rule forever think and believe in the democratic change of governments.
In practice, there is no difference between communist and fascist governments. Total repression occurs in both. The governments of the USSR and Nazi Germany invaded Poland from the east and west, and began the Second World War in 1939. There was no ideological difference, usually allied.
Together with the Socialist Party government turns in other democratic parties, whether liberal, conservative or other denominations, none seeks to tighten its grip on government, because that is not democratic. Democracy, as a form of government, has spread worldwide, but there are countries today that are totalitarian or authoritarian, where there is no democracy.
authoritarianism and has been given in various parts of the world. In Latin America and Africa was and is endemic. It falls short of the abuses of totalitarianism. There may be political parties, but the authoritarian leaders dominate everything. There have been avoided democratic constitutions. The Batista government in Cuba, 1952 to 1958 is an example.
Authoritarianism illegally killed and repressed, with a democratic constitution must pretend. Totalitarianism legally kill and repress, undemocratic constitution does not pretend to be democratic at all. A single party rules indefinitely, and its proponents say this is okay. There can be no opposition, and one leader ruled until his death or until a phenomenon.
The fact is that many totalitarian governments are said to be covered with a socialist democratic party, and many people believe that socialism is a form of totalitarianism. Swedish Socialist Party has consistently affirmed that socialism will be democratic or not, and he is absolutely right. They criticized the lack of democracy USSR.
In totalitarian countries, socialist parties do rows with other democratic parties are the biggest critics of one-party despotism. In the socialist parties there is no maximum leader know and do everything. Discusses and approves all collectively, as it is in all respects democracy.
In a democracy, political parties and their programs are free, and people choose the best and creating change in the next election if they so wish. No one plans to stay in office indefinitely, and elections must be supervised by neutral. Data are immediate, and not spend days and days for the results.
In democracies, political parties exist to run the country better. Have their programs and the people in free elections, those who choose the party you prefer. Election propaganda is free and choose their representatives.
* Manuel Fernández Rocha: Graduated from the University of Havana in racing history and law. Among the lawyers Agramontista living in Cuba is one of the oldest. He is founder and Chairman of the Forum for Historical Studies, and this condition has been attached to various projects opponents, such as Concilio Cubano, the Varela Project, the Initiative for the Homeland of All and the Assembly to Promote Civil Society. Reside in Havana .

Honda Pilot Front Plate

the adequacy principle can not be hacked PROVEN IMPUNITY

Leblanc by Francisco Amato *

is a fact that since its inception, the principle of the suitability originated a series of deformations in its interpretation, taken unilaterally by the state government as a result of subjectivist positions caused by a poor and false identification of conditions of release, (valued very superficially in some cases and in others maliciously), which led to conflicting figures such as discrimination, nepotism, cronyism and favoritism. Also it was confirmed the emergence of serious irresponsibility on the decisions of the committee members approval, which must act with fairness and impartiality in the workplace, to the entry, retention and promotion in employment of workers.
It was observed that some entities are entered into gossip and concessions to the granting of a better right to determine whether the worker was promoted or remained in the center, as recognized by the national press itself. ° And what about those workers who, for an absurd and erroneous application of the adequacy were subject to discriminatory actions, motivated because of their gender, skin color, religion, political opinion, national or social origin or any other offense against human dignity?
And not only has done an inadequate, unjust and arbitrary interpretation of fitness, but his whimsical and absurd application has reached such extremes that there have been cases where not only political opinion a decision was misguided and inappropriate but only by knowing the membership of dissent or orally share some of their aspirations the worker in question, has won his removal from office and workplace mercilessly.
Yes we must stress with emphasis (to that does not ignore) the adequacy principle is universally collected, including the ILO (International Labour Organization), characterizing it as "real proven ability" or "fitness certainly proven" or simply "fit shown." And what is the concept of the well appointed "fitness"? This is nothing more than "a set of special conditions required to perform jobs or workplaces, according to their nature or characteristics."
Therefore, when a worker signs a contract with the Administration to work, it entered the "requirements suitability "to be met by the worker to perform the duties, if required. This is the concept, hence it is argued that the best right to a place or position characterizes it and strengthens the relevance, because it gives precedence to the worker more skilled, more qualified, more skilled and skilled-in short, more ready- , to perform the tasks and duties, which must abide by and to correspond with the results of their work.
then undoubtedly, some administrations simulated knowingly ignore the provisions in the preceding paragraphs, and instead, took advantage of the opportunity, by a malicious interpretation, "Shake off and discard the center" to that employee regarded by them as "confrontational", "controversial" or simply "dangerous", only to issue criteria or honest criticism about the poor or erratic performance management or administration in a aspect of the work, including making statements or remarks in a meeting or union meeting, which showed unmistakably that the "suitability" only served as a fulcrum and ostensible pretext for their enmity, thus getting rid of the worker.
True Resolution N ° 08 ¤ 2005, on March , 2005 (General Regulation on Labour Relations) of MINTRAB, Article 20, made it established the general requirements that make the determination of the income of workers, retention and promotion, as well as their incorporation into training and development through the "fit and proven", which are:
· Taking the job with efficiency, quality and productivity required.
· Compliance with the standards of conduct general or specific, and personal characteristics required in the performance of certain occupations or positions established in the Internal Rules of the entity.
· formal rating, expressed in the educational certificates or degrees, corresponding to the requirements for the occupation or position he aspires to play.

It is therefore vital that the role be played by the union leadership, both by their active, consistent and orderly, for counseling and channeling because it involves the procedure to be followed. And when we talk about the important role of the union, we are referring to that organization, detached from any impregnation or tutelage by the administrative work and play fully its responsibility as a union, advocacy and representation of workers in the workplace.
In the same way as other basic tasks that the union must tackle in the implementation of appropriate mechanisms should be carefully completed at the end that does not appear subjectivist attitudes, negative and counterproductive to the detriment of workers, are the following :
· Subscribe to the administrative management of the entity in the collective bargaining agreement, techniques and procedures used in each case to determine the suitability demonstrated.
• Require the Directors of the company's ultimate preparation of the members of the Committee of Experts and Body Worker Justice Base.
· Try it both in committee approval and in the Committee of Experts, the union leader appointed and elected workers are the most capable and prepared to fulfill their duty to guide and solution.
· Alerts to the Administration when not properly complied with the provisions of Resolution N ° 08 ¤ 2005 (General Regulation on Labour Relations) of MINTRAB, regarding the suitability demonstrated.

Finally, it is good to note that, with allegations of poor or uneven application of the principle of suitability, the employee is dissatisfied with the decision of the chief authority to do so can claim in law labor, as well as provided for in Article 36 of the Rules of the above Resolution No. 2005 MINTRAB ¤ 08, at the Body of basic labor justice, according to the procedure laid down in Decree No. 126 of August 15, 1997 and its complementary legislation.
What we should be quite clear is that fitness is not to "shake off" a worker who may or may not have particular problem. If the employee committed a breach of discipline, you must read the Internal Discipline Rules, if the worker presents difficulties because of problems of knowledge, one must take into consideration the established guidelines for training. What itself can not separate an employee from his office or position in situations of political or religious marginalization, or prejudice or enmity.
Recently, the State Council issued Decree Law No. 246 (De Violations of Labor Laws on the Protection and Hygiene of Labor and Social Security), dated May 29, 2007, which in Article 16 , paragraph 3 states that commits violation (and imposing a fine of 200 pesos if natural person, and 4,000 pesos if legal person) that: "3 .- It takes no account of the better right, in accordance with established by law, to decide the incorporation to employment, retention, promotion and ratings of a worker. "
So even our current legal system provides that all cases may incur a flagrant violation of the suitability shown, in order that the violation of this principle does not go unpunished.
* Leblanc Francisco Amate: Habanero. Graduate degree in legal studies (University of Havana, 1963). He has worked as a lawyer in the maritime and fishing industry. Specializing in Labor Law. Current member Agramontista. Director of the Cuban Institute of Independent Trade Union Studies (Havana).

° Newspaper Workers May 12, 2003.

Gallbladder Removal More Condition_symptoms

VOYAGE OF A REPORT

By Mario Enrique Mayo Hernández *

The trip would have been easier for Mr. Ernesto Alonso Martinez if he had sailed through the bypasses that marks the Cuban Criminal Procedure Law , but the nautical chart fell into disuse, and the journey is entangled. It
-for-that Mr. Alonso decided to sue the State Council official René Montes de Oca for an alleged crime of usurpation of public functions, having taken the assignment of answering a complaint letter he sent President Castro.
In this letter he moved to the Cuban leader irrefutable evidence of the injustice committed by the former revolutionary court, who stole their property and sent to prison for three years.
When the interested person in the National Police Headquarters, in Havana, obtained in response to file a complaint with the State Council itself, and by insisting on its willingness to make the accusation, simply told him to go to headquarters Police located in Zapata and C of that city. Once in place, was bounced like a ball by acting number 1982 for the Municipal Court Plaza, and there a secretary reported that courtroom does not land either, adding that just were being inspected that day by the Supreme Court, one more reason not to accept it.
The truth is that for all intents and sometimes the officials' position that was intended to acknowledge challenged so concerned that they preferred to throw the ball to another base and wash their hands like Pontius Pilate.
With some glimmers of optimism, this gentleman who has over 32 years of asking various bodies and authorities to investigate his case went to the highest judicial body still hopeful, and what was his disappointment when a very clear and English transparent, Mr. Rodriguez and Mrs. Emma, \u200b\u200bevacuating those procedures at that level, he stated bluntly that they knew the accuser giddy right now, but they had orders not to receive it.
In this case "rule of law" as these things happen, and although the Criminal Procedure Act itself approved by the government grants a privilege to citizens, if it goes against their interests becomes a dead letter, "nothing happens" . Alonso
The ordeal could be longer, but decided to take a break, since he already has 76 years, though his journey will continue, because, as the old, in some portion of Cuban territory that someone will listen ever. The quixotic errant
resides in No. 28 Seventh Street between D and E, Watershed municipality, province of Camagüey, in my humble opinion, only with the transition to democracy and freedom Mr. Alonso can reach safe harbor. For now, wait
* Mario Enrique Mayo Hernández: Camagüeyano. Graduated in 1987 with Bachelor of Laws at the University of Camagüey. He has worked in the Provincial Office of Collective Law and legal advice. Independent journalist and poet. Current member Agramontista and the Group of 75. He is currently on probation "license parole. " Resides in the city of Camagüey.

Pitiriase More Condition_symptoms

LAW No. 88: GENERAL (PART)

by José Manuel de la Rosa Pérez *

I wanted to write for the Bulletin and its importance for education and advisory work for the Cuban population and dissent in particular.
The topic was recommended to me by Mr. René Gómez Manzano, leader of the current Agramontista (independent attorneys Cuba) after reading the motion and the letter of extension that a small group of Cubans will go to Mr. Ricardo Alarcón de Quesada , President of the National Assembly of People's Power (ANPP) in 2005, which to date have not received any response, however, already had in my mind since that year (ie 2005) to do some writing for this body , but the two years in prison Gómez Manzano, the failure to publish the Bulletin at the time and the deterioration of the disk where I had recorded the first part of my job prevented me so far. Today I will talk about the generalities in which founded our criteria or reasons for requesting the repeal of the ANPP mented by Act No. 88 as unconstitutional, at a time, I wish clarified my views on this matter, after the threat of applying that law activist René Montes de Oca Martija.
First let's clarify the background to this initiative. May 2005 was taking effect in Havana the Assembly to Promote Civil Society, that such success had by that date. Before, ie from March, the president of the Cuban People's Party (Orthodox), Heriberto Portales Rodríguez, had asked me by phone to develop a project to combat the Global Gag Rule, as it was known that monster Communist. The project was conducted in two parts: the May 27, 2005 was presented to the ANPP the motion, and the November 15, 2005, the supplementary to it. We also formulate a couple of complaints about late payment of the President of the Cuban parliament, which were addressed to the Minister of Justice and the Attorney General's Office, respectively. It is worth saying that we have never received a response.
Initially, the motion was based on four cardinal principles that demonstrated the incompetence of the deputies with regard to this Act Later, with further submissions, clarify and more abound in this area. The elements on which declare the unconstitutionality of this Act were and still are the following:
· Misrepresentation of the principle of visibility;
· Incompetence of the National Assembly People to pass a law with special character
· Misrepresentation of the principle of opportunity (procedural) and analogy as
• The essence of this Act

later added a fifth element, namely:
• The inhumanity of this Let us explain
Law
roughly what they are the first two of these elements that allowed us to define the Law No. 88 as unconstitutional.

Misrepresentation of the principle of visibility

first thing we ask is: What is the reputation thing? This is just what is public knowledge. Where is the misrepresentation? If we While the thread of the story, we see that the only person in Cuba for more than five years talking about the Helms-Burton was Dr. Ricardo Alarcon de Quesada, president of the Popular Power National Assembly. Apparently, everyone was informed of the Helms-Burton Act, but no one has seen, not even prosecutors and judges who applied the Law No. 88 in the spring of 2003, and this is very important, since this body law refers specifically to the Helms-Burton Act, the "block" and "economic war."
Cuban law does not clarify what is meant by "blocking" and really can not clarify it, because it does not exist as such: trade with the United States has broken the barrier of one million dollars, that regardless of the support of the American people, who are more than 270 million dollars. On the other hand, the law could not clarify what it was the "economic war", since the sale of large, medium and small businesses is a legal business practice of free nations. All this was undermined by Mr. Alarcón de Quesada.
What's more, in legal theory, and within the criminal law in particular, there are a series of rules which by their nature are known as white criminal laws. Such rules refer others to complete the legal mandate. And Law No. 88 always refers to the Helms-Burton Act, a statutory body, I repeat no one has seen, therefore, the Cuban government should have published that foreign law for fair and thorough knowledge of Cuban society . Despite (and I will not tire of repeating) that the Cuban government has the human and material resources to implement the act of publication of the American law, it did not. Cuban courts tried under a law unknown, prosecutors convictions adapted their applications to a law they never saw and still today do not know. Size crime has not yet been repaired. Who can tell me not to misrepresent the condition of visibility? I remember that, in the mid 90's last century, the newspaper Granma published in integrum the Cuban Adjustment Act. All this shows that the Cuban government's interest that Cuba's people know the truth.

Incompetence of the National Assembly to pass a special law

In one of the articles of Law No. 88 we read that she is special with respect to any other preceding it. Anyone who does not know the first law intended to accept the validity and legality of the Act No. 88, but someone who is versed in the subject, say no. Under the Constitution, the National Assembly of People's Power has the authority to approve, amend or repeal such laws will be presented to its members, but we will see the same article 75, subsection or specific), we clarified that the ANPP must submit to the people in a law that, their characteristics and demands. This was violated, and I will demonstrate.
First, the Act itself No. 88 in one of its by how many, says she is the daughter of the "Law of Reaffirmation of Cuban Dignity and Sovereignty. The latter was approved by the people of Cuba, in response to the Helms-Burton. If so, why is labeled with the number 88 does not traveled the same path?
Second, lack legal objectivity. Law No. 88 has the name Protection Act of National Independence and Economy of Cuba, and all articles contain facts which may have nothing to do with national independence and still less with the Cuban economy, so its wording, as we said on that occasion turned out to be mediocre and lends itself to interpretations malicious.
Thirdly, Article 53 of the current Constitution addresses the right of citizens to freedom of expression and the right to information. The last paragraph of this article reads: "The law regulates the exercise of these freedoms." Now a wonders and asks Mr. Ricardo Alarcón de Quesada: What is Law? Where is it written? Immediately understand that this law does not exist, and is that different offenses of the Law No. 88 have a direct relationship with Articles 53 and 75 of the Constitution, so it was appropriate that this Assembly will be held on referendum that provision provides. This was violated.
Theoretically, the explanation is as follows: Dr. Julio Fernandez Bulte, professor at the University of Havana, in his Theory of Law, referring to the English researcher AHL Hart, said that in the modern world, and the Law as such, there are three main types of legal rules, which are exchange for the award and legitimacy. Following the trail, we can say that the rules of change in Cuba are contained in the Regulations of the ANPP, in the chapter regulating the law establishing rules for the award are those that appear in Article 75 of the Constitution and indeed where it appears the division is in the rules of standing. This article 75, subparagraph b), legitimate acts of creation, modification and / or revocation of any general policy emanating from both the National Assembly itself and the agencies of the central state administration; but then, subsection u) legitimizes the populus, that is, the people, for this approved through a referendum as they see fit. This means that the power of representation that the elective system Cuba legalized, it limits the powers of the tribune that the deputies are vested. For others, the specialty is vested with this Act is inconsistent with the Constitution of 1976, but not with the 1940 Constitution, where Congress had broad authority, unless the applicant has not made use of the principle of ultra- Law, no reason whatsoever for the ANPP has acted the way he acted. Consider the contradiction
Law No. 88 with the current Constitution. Article 121 of the Constitution of 1976-92, governs the exercise of freedom of the people's courts function, giving the judges called ius decidendi or right decision, the procedural law governing the exercise of free will. The provision that judges in Cuba does not owe obedience to the law is a farce. I mean, Dr. Renén Pírez Quirós, also a professor at the University of Havana and a PhD in criminal justice, said in his masterpiece (General Criminal Law Handbook, Volume II) that the product is beginning to be to give the apparent conflict of legal norms; argues that the special rule contains compared to the ordinary rule, a quality that will stand out, that will differ with respect to the hypothetical fact contained in it, abounds that this quality product, the Court is obliged to punish according to what is decided in this law or rule of law, and therefore this Court can not, from any point of view, get to decide on the severity of the punishment. And so, for something special this Act would have been approved by the people, but the Act No. 88 was not approved by the Cuban people, but by a higher body of power, although it is authorized to this legal act is limited, I repeat, by the Constitution certain general legal acts. Sumémosle all this other situation that is of paramount importance to the right and the Cuban model in particular. From the time a law legalizing special character, the Cuban State is obliged to institute a special tribunal or a special room where they aired these legal acts. It is worth saying that in those courts or special chambers have no room for participation or so-called popular or lay judges, given that, as its name implies, the room is special tribunal. If that mandate is not contained in the special law (voted and approved in a referendum, I repeat, by the Cuban people), remains unconstitutional the legal act of the Popular Power National Assembly.

And to finish this first part: when the 4 and 5 April 2003 the court defied the request of the prosecution in the sense that they impose on the accused's conviction of life imprisonment, we should not see it as free will or ius decidendi of the same, but this was because no such conduct was in "the clear intention of the criminal offense, in addition to the search for a particular outcome" (José Luis Toledo Santander), which is typical element in this law reigns. For those sentenced were not required to have liability, so no harm done against individuals or the state as such.
So far, some considerations of constitutional vulnerability that this law creates, and which the current Cuban authorities boast daily.
* José Manuel de la Rosa Pérez: Moens. Graduate Degree in Law at the Higher Institute Mining-Metallurgical of Moa (2003). He served as General Counsel of the Provincial Business Equipment and Workshops of Holguin and as Registrar of the property. Current member Agramontista. Adviser to the College of Teachers for Cuba. Lies in Moa, Holguín Province.

Acid Reflux And Bedwetting

SIGNATURE AND EFFECTIVE IN CUBA TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

by Juan Carlos González Leiva *

In 2007, the Cuban government announced that in the first three months of next year sign the International Covenant on Civil and Political Rights, adopted by the General Assembly the UN on December 16, 1966 and entered into force on March 23, 1976 . In effect, the Minister of Foreign Affairs, Mr. Felipe Pérez Roque, signed the document on February 28, 2008. In this article I give this most important international code, its spirit, essence, legal and applying them in our country.
In its preamble, the aforesaid International Covenant states: "Whereas, in accordance with the principles proclaimed in the Charter of the United Nations, freedom, justice and peace in the world are based on the recognition of the inherent dignity of all members of the human family and their equal and inalienable rights. " That is, the foundation of international peace, universal justice and liberty, is the dignity of the human person, which exists only when you respect their legal attributes are indispensable. This spirit animates it from beginning to end. The letter is a harmonious and clear spring light bath for all peoples of the earth to achieve it. Articles 19
and 21 endorse: "Nobody may be harassed because of their opinions." "Everyone has the right to freedom of expression: this right includes freedom to seek, receive and impart information and ideas through any media regardless of frontiers, either orally, in writing, in print or art, or through any other media of his choice. "" The right of peaceful assembly. "
Over one hundred prisoners of conscience languishing in the jails of the Cuban government. Twenty have been prosecuted in the last three months, in summary, non-public by biased courts subject to military security State. Extinct over twenty-five sentences of up to four years without having committed any crime, as I said the Supreme Court itself, they were accused of being "likely to commit crimes" by socially dangerous behavior. Fifty-five, belonging to the Group of 75 imprisoned in March 2003, have five years of imprisonment and torture overkill, with most in poor health for the strict punishment, the avenger of government in Havana.
Article 10, paragraph 1 thereof provides: "All persons deprived of liberty shall be treated humanely and with respect for the inherent dignity of human being." Nearly a hundred thousand people currently suffer the horrendous prison box. Are about 260 political prisoners, survivors malnourished, without water, without medical assistance and exposed to tuberculosis. Since all prisons have been frequently reported massive beatings. At least 35 common prisoners died in 2007, victims of this terrible regime. Two were killed by the guards hierrazos in Prison Kilo 8, Camagüey. Under these conditions fifty survives the death penalty.
God from Eden, condemned the bloodshed and enshrined the right to life of his creatures, made in His image and likeness. The Covenant, Article 6, states: "The right to life is inherent in human beings. This right shall be protected by law. No one shall be arbitrarily deprived of his life. "
Arbitrary detention, interference with privacy, family, home or correspondence, and attacks on the honor, being outlawed by the rules of the Covenant.
Article 23, paragraph 1, calls the family of "natural and fundamental group unit of society" and recognize their "right to protection by society and the state." But about four hundred people were evacuated from their homes to blows last month in Holguín. The government announced it would demolish the houses of some three thousand people. Twenty pedicabs were confiscated in Havana in mid February 2008, and its owners were left without support or tools for work to feed his family. Facts like these are political and daily activities of the Cuban authorities across the country.
The visit to Cuba by Vatican Secretary of State, Monsignor Tarcisio Bertone, today does not mean that we preach in parks, public places or from house to house. Has not yet returned the rights to radio, television, press and religious education. Dozens of Christian human rights defenders were arrested or visited in their homes by the State Security, which prevented their participation in the Mass celebrated by Cardinal Bertone in Santiago de Cuba and Guantanamo los días 23 y 24 de febrero de 2008.
Gerardo Sánchez Ortega, Yorledis Duvalón Guiber, Rolando Rodríguez Lobaina. Abel López Pérez, Kéiber Rodríguez Fernández y Noelmis Cevila Terrero denunciaron por vía telefónica que permanecieron hasta doce horas en unidades de la policía política, siendo interrogados y amenazados por los militares. También fueron víctimas de esta actividad represiva Yordis García Fournier y Ana Belkis Ferrer García.
¿Cuándo comenzará a respetarse este postulado?: “Toda persona tiene derecho a la libertad de pensamiento, de conciencia y de religión”; así como la libertad de “manifestar su religión o sus beliefs, individually or collectively, in public and private, through worship, religious observance, practice and teaching. "(Article 18, first paragraph, the International Covenant.)
Without political freedom can not be said any other attributes specific to the individual, which is why Article 25, paragraphs a), b) and c), gives "to participate in public affairs, directly or through freely chosen representatives," "vote and be elected at genuine periodic elections which shall be by universal and equal and secret ballot, guaranteeing the free expression of will of the voters "and" access, on general terms of equality, to public service in his country. "
The political continuity, far from opening, just gave in Havana a thunderous slam that has chilled the blood of friends and enemies of the regime, inside and outside Cuba. Raul Castro was officially president of the Council of State and Government, but has agreed to not move a finger in foreign policy, military and economic if not consult his brother, who cited some fifteen times in his speech, during which said: "More important than thinking is to work for what is agreed here."
Amid all this domestic drama and without the slightest hint of relief, how to understand the entry into force and implementation of this honest and practical, the most important international instrument that protects human beings and their basic rights? (For the International Covenant is antithetical not only the official dynastic succession just suffer, but the tyrannical hijacking 50 years now seeks to legitimize in the eyes of the world the top ruler, with the sole purpose of holding on to power, expense of the suffering and the life of an entire people.)
is true that the signing of the Pact involves formal recognition by the government of human rights for the people, but amen reserves which undoubtedly will make, what has happened during this half century with the Universal Declaration of Human Rights, from which Cuba is a manager and signatory? States Parties are obliged to amend domestic law to give input to the rules of the Covenant. "Raul Castro abolished Law No. 88 (Gag) and will immediately release all prisoners of conscience? "Reforming the Penal Code and all rules that institutionalize the systematic violation of the rights in Cuba contained in the Covenant? Will it improve prison conditions and the criminals will no longer haunt me for defending precisely what the said Covenant Boss?
In my opinion, the government once again trust in their customary resources: handling and international ridicule. Learn about the complex and dysfunctional mechanisms of verification and implementation of United Nations, delays and reservations. Cree to escape on a tangent. Everything is a matter of waiting with open eyes
* Juan Carlos González Leiva: Avileño. Blind. From the day of his graduation as Bachelor of Laws (University of Havana, 1997) joined the current Agramontista. President of the Cuban Foundation for Human Rights and Executive Secretary of Council Rights Rapporteur Human (both organizations based in Ciego de Avila). Is the only former political prisoner in the world blind. Lies in Ciego de Avila.

Sunday, March 9, 2008

Useful Gifts For Stroke Victims

speeches and messages in the ceremony of the International Human Rights Award Trarieux Ludovic (Brussels, 19 October 2007) SPEECH OF BERTRAND FAVREAU

Rotronic Logistics Drivers 12.02.1086

PRESIDENT OF THE INTERNATIONAL JURY PRIZE Trarieux LUDOVIC

SENATE OF THE KINGDOM OF BELGIUM, 19 OCTOBER 2007

"A nation is not founded as a camp send" José Martí



The wanted so much!
For us, there were more than a fleeting image in black and white. But even without color, were the living image of freedom.
And those pictures you went around the world, and will continue because this story is not finished being told.
Who could not feel impatient and sight of the brave in the Sierra Maestra bearded, dressed in tattered rags, these Robins Hoods of tropical forests, chased and surrounded by the army of men with helmets of a bloodthirsty despot!
Beyond the tremor and the grayness of the images of the day, we return to see them.
want them because they put an end to the odious regime of a tyrant and his henchmen who lived in the torture and murder.
were young, and had dedicated their lives for democracy and freedom.
Fifty years on, how can we forget the hopes they brought us? There was the Manifesto of the Sierra Maestra, as a day in Central Park, would be the announcement of the "humanist democracy."
Even today those hopes have the stigma of what would happen next.
A legend for ever: they were the real fighters.
Che winner on the train cars derailed dislocated in Santa Clara, after war in the Sierra del Escambray. A face of the archangel of death, with his snuff and his beret, which one day Celia Sanchez had hung a star, a face looking dull and faded features, giving rise to the skyline forever, which sought future promise of its own annihilation in the service of a revolution that should not end ever.
The cowboy hat Camilo Cienfuegos and pointy beard Ebony, more suited to the times of the gold rush, he, who was said to have summed up all the joy of the children of Havana, and now, however, the strange smile and disabused of Huber Matos, the liberator of Santiago, with its cap raised ear. In it, eleven months later, in his view, had to say: "What we promised to the Cubans? That freedom would be an absolute right, nobody can be persecuted for their ideas .... "
The triumphal march of eight days and eight nights from Santiago de Cuba to Havana, a January, repeat step procession bell Carlos Manuel de Cespedes, La Demajagua, that was released in 1868 for the first time, to slaves of the island and had marked the hour of battle against racism resume later Martí.
And with them, the procession of those centurions wearing a suit and string, ill-shaven, which was the epic and the revenge of a large enslaved people who had achieved victory. Column Eight of dirty shaggy tresses guerrillas, who had cheated death in the tangled jungle of the Sierra, toward where they had believed to refuse because she would eat more safely than the Caribbean Sea. Granma survivors built next to the last minute, everyone was there, marching, marching in a rapture of joy that is always the liberation of peoples. Who could reproach
today if any wanted so much?
Was not the first time in America's army had surrendered to the victorious people who had triumphed, and not vice versa? From Herbert Matthews, who was the first to exalt in the New York Times-righteous Democrats to Errol Flynn, the United States had been the first to celebrate the liberators and the whole world send their images, or set the tone of laudatory articles in the press. Did the "American"-as they say in Cuba had not always been the sponsors of all collections of Cuban revolution, including the latest thinking for the future and buy the conscience of the people free?
was so evil that reigned before. There had been the dictatorship of Machado. Politicians subject to great neighbor and Batista's gangster regime had been evil. A good evil would arise, away forever from the green alligator on the "fiery prophet of the dawn."
many twilight for that morning! The sinking of the great dream of 1959, which would not last more than a few hours of joy. Ludovic
Trarieux, it was a simple man, argued that it happens to evil, or that good can come out of evil. But we also know that evil can come out of evil.
In The Kingdom of This World, Alejo Carpentier, who loved both France and whose pen we love, but nothing has been able to open your eyes ... - that when the first insurgent
Santiago had to erect a fort to defend the dangers that lurk, they had no choice but to recover abandoned old cannons. As luck would have had to entrust their survival a heterogeneous mixture of clutter. A cannon of the French Revolution in which case, in gilded bronze, one could read "Liberty, equality, and a English cannon in which curb-and I quote Carpentier-one could read this melancholy expression:" True, but unfortunate. " But they were two adjectives, running 1949 and it was only a novel.
The black and white have little place in Cuba, the island where everything is written, we live, is in color. Multiple and variegated colors, the same as Columbus did exclaim: "This is the most beautiful land human eyes have ever seen." Not only is the monochrome green olive tree. "
But who toils again facing a remarkable longevity will go down in history. We are not here to bark at the statues. Let them be cleared tomorrow or the acquittal of History! We have no vocation to celebrate the illustrious. We stand for the victims. Side of those who struggle, of suffering. We pay tribute to Mandela, but we were in 1984, and was by what he had done before. Others, many were going to celebrate for what he did later.
"Too soon we forget the dead"
The island had never known freedom.
Not a day after that day in October 1492 in which about Holguin, the Taino and Siboney, peaceful inhabitants had discovered those great wooden boats and white men in helmets who welcomed them with fruits, dances and offerings, never dreaming they would subjugate, to contaminate all civilized words , to destroy them and burn them alive. At the end of Bartolome de las Casas, who saw the island just fifty years later, could not conceal their "great pity" to see her "deserted and delivered to the loneliness." And never again
freedom would reign in Cuba for more than five hundred years.
Four centuries of colonization by the English invaders, sixty years indirect colonization interrupted by military presence "Americans." And then?
What to say now that not a single inch of territory is truly free Cuba from Pinar del Rio to Guantanamo!
The geography does not lie. It is she who wants centuries the island itself as a permanent prisoner tries to escape to the big open mouth of the Gulf of Mexico between Florida with sharp fangs and Yucatan, as if the big neighbor had been petrified at the time of sacrifice his greed is easy prey, as if he could restart at any time.
After all, did not long ago that these "Americans" have been confiscated for the exclusive use of the name of your continent?
José Martí, who lived fifteen years in "the belly of the beast," he wrote in New York, in Free Verse: Two homelands
I have,
Cuba and night, Or are they both?

On January 30, 1959, the Constitution of 1940-so progressive that René Gómez Manzano called "the landmark constitution that gave people" - in which the right to freedom is enshrined as a constitutional norm Article 29 was suspended, and the death penalty was reinstated.
Since then, the promise so many times consistently restore the constitution and free elections, there never has been met.
Indeed, the referendum exists, but there is a political party, association, an independent press that allows the exercise of suffrage. Do not even have ballots to say "no."
There is no other option between submission, commitment, and prison and death. Over a hundred thousand Cubans in prisons on the island, represent over one hundred Cuban.
to flee the uniform vote, approval or detention, there are only so many, a means of voting.
many years ago on the island do not vote with your hands. What you think Basically, your choice deep, not said. One can not even "vote with their feet," as Danton. You vote with their oars with paddles, and the voting booths are the boats and rafts.
approve or splitting. You do not ever end
counting the number of those votes that have been expressed in a game rather than suffering.
hundred and thirty thousand only during the Mariel boatlift.
Among them, Reinaldo Arenas, who, however, owed everything to the regime, he could not stand being forced to hide in the shadows warm public parks. Before Night Falls, before that night of Cuba in the shadow whispered always unpredictable agents of repression against homosexuals.
And how many rafters, as Erick de Armas and many others, dreaming of finding or building a raft, before finding the plane miracle that led here, to Brussels in 1994!
OK or die.
many have not ever completed the journey of 160 miles driving to Florida! Entrusting his soul to God, and their meat to the sharks. And
squads have not fired their latest downloads.
As Stephen says, the hero of Alejo Carpentier in the Age of Enlightenment: "Too soon we forget the dead." Proclaiming that Cuba is a dictatorship now unacceptable. How to Qualify a country where freedom of opinion, freedom of expression, no freedom of association?
All tyrannies are always their censing and nostalgic. And for that, each year we have to accept clothe a new shirt of Nessus, that every time we burn with a constantly renewed, but always fair. Want something else to Cuba is to be next to the extreme right in Miami. It is also not accepting the horrors of Guantanamo, where crimes are perpetrated under the cover of non-entitlement.
We will always side with those who, risking their freedom and their lives, fighting for democracy, wherever they are. But, after all, is not We have agreed to be classified as quartermasters of communism and the KGB agents, or followers of Islam?
also have to accept now, as ever, our winner is not present among us.
Such is the rigorous law of Ludovic Trarieux Award.
Dear Members of the jury, we do not have the vocation to honor the protest of living. From the moment we are dedicated to exalt the suffering egregious, as well as to help them, we know that inevitably will be called to the front line who have paid with their lives, like Digna Ochoa, those who learn of his appointment to the fund a prison in which they are forgotten for many years, Nelson Mandela, or Esber Yagmurdereli Najib Hosni, or lawyers whose battle was also prohibit them from leaving their country, bordered of consciousness, as Zhou Guoqiang, Parvez Imroz and René Gómez Manzano.
Should we resign ourselves to all these fatalities? To accept the inevitability of death Hatuey, the fate of colonized peoples, the fate of American hegemony? Determined to recurrent dialectic which opposes the evil empire "axis of evil become" the great Satan, to recapitulate, in a macabre accounting, its procession of dead victims and their cohorts?
"A light in a unique way that favors wealth inadvertent reality."
Is there an inevitability of the dictatorship in Latin America?
After all, we know that dictator. We know the dictionary definition: dictatorship is "a concentration of all power in the hands of an individual, an assembly, a party," and dictator is "a person who, after taking power, no control is exercised" . But also know his portrait, his features, his faults. For over fifty years, the greatest American novelists have described in detail the terrifying world of the dictatorship "American."
is a lawyer, Miguel Angel Asturias, who, having participated in twenties in the uprising against the dictator Estrada Cabrera, master of Guatemala, has drawn the first picture: Mr. President, a president "attentive to what happens in the most secret entrails of the inhabitants", who sees everything, which heareth and always ends up knowing everything, simply because he is evil incarnate.
And because gender could not be without issue, in 1967, Carlos Fuentes and Mario Vargas Llosa invited several authors to write about this particular power in Latin America. Augusto Roa Bastos was the first to respond. His novel I, the Supreme escaped and his model José Gaspar Rodríguez de Francia, dictator of Paraguay from 1814 until his death in 1840, to become the archetype of the "supreme and perpetual dictator" that demands recognition and submission for giving his people "a free, independent and sovereign" ... and for having "defended the attacks of internal and external enemies ... ".
was Cuba that Alejo Carpentier chose for your very Cartesian Method Appeal. But another dictatorship of Machado. His "Head", the incarnation of all tyrants, wearing a borrowed uniform, because "he himself had thrown up as well, with gallons and all, a day of youth riot" - and is expressed in words-hand ... "riveted in different registers, with the corresponding gestural pantomime "and that, however, he knows" worn, old, inefficient "and" a hundred times thwarted by their actions .... "
about the same time, Gabriel García Márquez, in The Autumn of the Patriarch, with little regard to another despot, has carved, at the whim of his endless sentences, the vision of suspicious and delusional tyrant, but that there was a maze of phrases always repeated, never verified, and who "the few newspapers still published were devoted, as in the past," to proclaim the eternity.
and is the instigator, Mario Vargas Llosa, who has closed the procession, the last year of the last century, with the "Benefactor of the Fatherland, the Father of the New Nation," which in the course of the years he has faced and beaten thousands of enemies "buying them, intimidating or killing" and never "repented of nothing." More than thirty years of dictatorship of Trujillo, assassinated in 1961, more than a dark period in Dominican history, is the day to day all the people were terrorized by a man whose ambition is to make his country the outlet for their delusions.
This is, without doubt, the same number of novels that critics classified in category magic realism. Gender, after all, is not more than Carpentier himself defined as "a light that favors a particular way wealth is not perceived reality." The cartoon slash
just the excess. Beyond the novel creation, is the truth that penetrates: The horror of tyranny for the one who suffers. The unique system built in repression of government informers to the rank of civic virtue, the moral collapse of a subject people by terror: levies and executions of all kinds, sometimes killing, greed, foreign protection, be convulsed with power leads inevitably to deny all humanity other. And in filigree, to Gabriel García Márquez, this searing and painful question: who governs with such an absolute power, can escape the corruption it engenders the same power?
None of them had thought of that. Neither the Cuban Alejo Carpentier, García Márquez and Roa Bastos, and especially Asturias, who wrote in 1946 and received the Lenin Peace Prize in 1966 - seem to have dreamed that the strength of his recall was such that erasing geographical boundaries and policies and the horror of the dictatorship on a universal scale. As the President, the Supreme, the Head of the Patriarch or Benefactor are but one and the same evil.
really know the parade, which stigmatized Asturias, who has lived under a dictatorship, Jorge Ubico staunch ally of the United States and protector of the interests of United Fruit in Guatemala. This gallery of portraits hernaniana describes the "warlords", Latin American dictators, lackeys of the "American" and therefore, belonging to the extreme conservative right.
But why should we care that the dictator is on the right or the left? What is Pinochet and Ceausescu? "Honecker or Videla? "Franco and Lukashenko? Or a judicious mix of both? What does it matter that has ended another dictatorship, even if it was an even worse!
Would you support a right-wing dictator to avoid a left-wing or a left to get rid of one right? Should we accept to be a referee in the competition of dictatorships? Can there be a tyranny better than another? A tyrant may conceal another, and human compassion can not be satisfied comparisons. Every lawyer knows the dictatorship, as counterfeiting can not ever be determined by the differences, but only by the similarities. The state of dictatorship is determined by the location reserved for those who suffer, and those among them find the "worst" of Calderon, the title of one of his works, has said he does not always was safe.
Where should we locate the boundary between acceptable and unacceptable? Could the hatred of the big neighbor to justify everything? "It would only damage caused by the Empire to justify everything? We must continue walking terrible of the men, but indomitable patriots devoted to the defense of others, which are inevitably doomed to rejection, stigma and, sometimes, the exile to escape the ever repeated arrests. Is it necessary to speak here of the ordeal suffered by the lawyers? Some, here are the living proof: Juan Escandell Ramirez or Pedro Fuentes Cid.
defender become dissident dissidents. René
de Jesus Gomez Manzano was on the verge of adolescence in 1959 when Cuban crowds flocked to the margins of the great central highway between Santiago and Havana. It was a teenage revolution. He studied in Moscow and Havana, and for many years agreed to be a lawyer like all of Cuba since 1959: a member of the collective firms. It was during a decade
Attorney Office of the Supreme Court. There, after having defended in the eighties to many dozens of dissidents, was imbued with the higher law is not adapted to the temporal contingencies, borders, or political circumstances: natural law, the law of genre human.
In 1990, considering that the very essence of counsel claim that is not a totalitarian state official, but look for yourself the process of independence in the exercise of the profession, René Gómez Manzano decides to gather peacefully to all lawyers think like him. This is when the current case of Independent Counsel Agramontista. Agramonte
! Beautiful name. What reference as illustrating the Ignacio Agramonte y Loynaz! His fate would have it he is, undoubtedly, the least known of the heroes of the wars of independence.
There is always talk Céspedes, Maceo, Maximo Gomez and Jose Marti. Agramonte, meteorite of the struggle, general at age 28, is not always forgotten?
However, Agramonte, Camagüey son, is not perhaps the purest hero of the Revolution? "He whom Carlos Manuel de Céspedes, the Father of the Nation, called" the heroic son "and whom José Martí called it" a diamond with soul kiss "!
He is the "liberator", the "savior of the revolution", the "champion of freedom", the "apostle immaculate" posterity has spared no praise. But the lesser-known title and best suit him is "famous lawyer." Lawyer son of lawyers. Unlike José Martí, and long before him, Agramonte did not have time to write. But had no time to argue, fight and die. What
most beautiful sign of patriotism Ignacio Agramonte could have claimed the current members! It is he whom the President of the Republic in Arms, Céspedes, was to appoint Major General of the Mambi Liberation Army. "The Bayardo" without fear and without blemish, the law student who challenged to a duel to English officials that disrespect for the Cuban. The gentleman who started the general intrepid Sanguily from the clutches of execution by force dealt a blow after enemy lines. No segments-as-history: before Martí, that each dispute and confiscated, rather than Gómez, before Maceo, Agramonte was, "Major."
He is the symbol of the Cuban soul of patriotism more demanding and more pure, and all who would come after him would not be more than imitators. After 45 battles fought, died at age 32 in combating Jimaguayú pasture in the heart of the land that would become forever in the "land Camaguey." And the English colonizers took umbrage with the dead hero's body before burning it. Of it would José Martí said: "It was never larger than when the enemies desecrated his body ...."
After all, what would the current of seditious Agramontista?: A state of law, judicial independence, democratization and decentralization of the administration of justice.
In short, this group of independent lawyers claimed the right not to be answerable only to their clients, and not to the Cuban government. They wanted to be so under other skies is called a bar. Was it asking too much democracy? The legalist René Gómez Manzano claimed by the Cuban authorities to register your bar association. He received no response. Then the Minister of Justice sent a: decided to expel the firm René Gómez Manzano group to which he belonged. Was no longer entitled to "attorney." The defender of dissidents had become a dissident.
who used the law in a country not governed by the rule of law, is intended to persecution. The meetings of the members of the current were monitored, spied upon, harassed, forced to seek new havens in each case, the most unlikely-to avoid the first to arrive were the police.
Where there is no opposition there can be no else dissidents. A journalist who works for the official media, as an attorney not in the lawyers' work is considered as an "enemy state" or a "mercenary in the White House before being rejected as a" worm " or "scum."
Nevertheless, the law review of "Agramonte appear since then. Irregularly, at intervals that nobody can foresee. Each number is a dangerous adventure. Each entry must be brought forth in pain and hiding from the writings of resistance. The number that has been published in recent days is only 6. Is it prohibited the newsletter because the comments and the presentations are unacceptable? Judge more by the mere titles of articles, although critics: "The practice of law: vocation, profession, frustration," "Freedom of association, protection of wages and the right to strike", "Democracy in Cuba" "dangerous state", "Legal Immigration, confiscation and limitation of rights", "Fundamentals of law and violations of ILO conventions signed by Cuba", "Mahatma Gandhi, Martin Luther King and then some", "Critical remarks on new regulations labor justice, "" The extinction of habeas corpus, "Legislation changing in Cuba." Stop here anthology.
"The truth and tenderness are never useless."
Dissident: one "who professes a religion different from the official religion." The first sentence of the dissent is that it be imposed on himself, to never quit and restart forever.
It called for the empowerment of civil society, nourishing sap of any democracy, who wanted to launch René Gómez Manzano. The silence of civil society could be one explanation: consensus or slavery. The consensus is expressed at the polls, slavery was walled in the inexpressible.
Despite his expulsion and "misadventures" of the current in October 1995 René Gómez Manzano is one of the founders of Concilio Cubano, a group of over a hundred unofficial groups, including organizations that defend human rights and professional groups, "which calls for a peaceful change and respects the Constitution. Dismantled immediately by the State Security, the Concilio Cubano is banned three months later, and René Gómez Manzano will be arrested a first time for activities contrary to the principles of the Revolution.
May 1997: René Gómez Manzano founded a new movement with two economists, Martha Beatriz Roque Cabello and Vladimiro Roca Antúnez, a former fighter pilot and son of "revolutionary hero Blas Roca-and engineer Felix Bonne," Working Group of the Internal Dissidence. Soon the group will become famous. Members of the Group of Four have the courage to write and publish a text in response to the draft formal resolution of the V Congress of the Communist Party of Cuba, scheduled for October. It was a critical examination of the reality of the country and a call for democracy for Cuba, its title: The Homeland Belongs to Everyone.
"The Fatherland Belongs to All!" That cry was seditious launched in 1884 in New York by José Martí, who is, himself, also of all, since it belongs to the universal consciousness. And he added: "and if she belongs to someone, and then only in spirit, will be to him who serve ... more disinterest."
The Homeland Belongs to All of a response and not revenge. It was a moderate document. It was an instrument of diatribe, but dialogue. Did not express any sense of bending, any judgments about the past. Evoked the place of the citizens of Cuba in human society as it was. I had accounts to settle with the recent or distant past. Took the story at the time than men corresponds write. The Homeland Belongs to All was an act of faith. Conjugate a steadfast love for the homeland with a demand for democracy and progress, both necessary to the future of the Cuban people.
On July 16, 1997, having sent the document to the Party Central Committee, which had called for the discussion of his own text, the four authors were arrested and thrown into prison. For nineteen months would have to ignore the charges against them and remain without seeing a judge.
After nineteen months in detention, a speedy trial was held behind closed doors in Havana. Dozens of supporters of the accused, who came to support them, were arrested the day of the trial.
On March 4, 1999, Vladimiro Roca was sentenced to five years in prison, Rene Gomez Manzano and Felix Bonne Carcasses, four years, and Martha Beatriz Roque, three years. Also, being a lawyer, René Gómez Manzano was disbarred from the practice of law for five years. It was the first time that Amnesty International declared him a prisoner of conscience. After the rejection of three applications for habeas corpus and fourteen additional months spent in a high security prison where he remained for the bulk of his sentence without care, without contact with his family, René Gómez Manzano was finally released on May 23, 2000 It was the second youngest of Four.
not therefore be discouraged. Since his departure, was, together with the other leaders of the Group of Four, one of the founders of the Assembly to Promote Civil Society in Cuba (APSC), a federation, declared illegal and always regarded as such, several hundred many small movements.
In May 2005 the Assembly was able to hold its first congress for democracy, which had been advertised for many months. Seventeen MEPs, 45 French members submitted applications for permission to go to celebrate. In vain. The conference of dissidents held in the courtyard of a private home. Purpose, the place of the meeting was posted on Internet in the last minute. However, the event far exceeded the limits of the continent.
The success was short-lived. On July 22, 2005, René Gómez Manzano was in bed, suffering from flu. That day the police came to his home to arrest him for disturbing public order. Martha Beatriz Roque had called a meeting with the French Embassy to demand the release of political prisoners and to protest against the normalization of Franco-Cuban relations. The event never took place, but the repression itself. Thirty-three dissidents were arrested.
released the next day to twenty-four of them. Another six out several days later. Only three had a more stringent target, among them René Gómez Manzano. The three were charged under Law 88 of 1999, called "Gag Rule". It is she who has made Cuba the world's biggest prison for journalists and lawyers, after China. Is the charge of most of the indignities: the conspiracy against "the national independence and economy of Cuba." The penalty may exceed twenty years.
Without ever having appeared before his judges, René Gómez Manzano remained shut for nearly two years in a high security prison of Las Villas, named Nieves Morejon. For through his brother filed an application for habeas corpus, a person bedridden with the flu can not disturb public order, he argued. The application was dismissed. René Gómez Manzano was released on February 8, 2007 without being brought before a court. Also on this occasion he had told Amnesty International prisoner of conscience.
Undoubtedly, he is not the only one, and we must not forget here the other lawyers. Juan Carlos González Leiva is also a contributor to the Bulletin of the current Agramontista. Blind, is president of the Society for the Blind Independent Cuba, but also of the Cuban Foundation for Human Rights. Also in 2002 He was arrested for organizing in the city of Ciego de Ávila a peaceful demonstration in support of political prisoners. Spent 26 months imprisoned without trial. More than two years of isolation and psychological torture before being tried behind closed doors .... Sentenced to four years in prison for extreme condescension was authorized to terminate the sentence at home.
But where the penalty was life imprisonment, because he should not return to enjoy peace. Since then he has had to suffer harassment, subpoenas, all sorts of warnings undue State Security, which punctuate the daily lives of dissidents. In addition, from time to organize your home "Acts of repudiation."
"repudiation": well-organized meetings in which supporters of the regime are responsible for booing the victim, throwing stones and other objects at their windows, prevent sleep and barred all access to your friends and family. Often, rapid response brigades and the defense committees of the Revolution occupy the forefront of these demonstrations are described as "spontaneous", against which no appeal.
Pozada Rolando Jimenez is another member of Agramontista independent law school. Since 2002 he was the Director of the Center for Human Rights Democratic Pinero, in Nueva Gerona, capital of Isla de Pinos, now renamed the "Isle of Youth." It is the island's prison, one in which all youth who wants to see how they are otherwise destroyed the most beautiful years of his life. This is where Jose Marti was confined before being deported to Cadiz, and was also there that a distinguished leader in prison, but only for about twenty months. Rolando Jimenez
Pozada have painted some signs irreverent or pertained to the Supreme Patriarch. Pozada Rolando Jimenez was arrested in 2003 during the great repression of the Black Spring, while 27 journalists who were tried and sentenced immediately for their alleged collaboration with the United States by the fact that he founded an independent news agency, written or spoken a dissident magazine in one of the stations of the two million Cubans forced into exile.
On April 6, 2007, after three years of isolation in the prison of the Guava, a court, a process too secret, Rolando Jiménez Pozada sentenced to twelve years' imprisonment for contempt.
the end of his last article on habeas corpus, in the Bulletin of the current Agramontista, René Gómez Manzano concluded with a note of hope: "I am convinced that in the times ahead, we will witness the rebirth of this old institution, which is what should happen in a real rule of law, as that irrefutably be restored in Cuba. "
Almost at the conclusion of The Kingdom of This World, Alejo Carpentier wrote:" And understand now that man never knows who suffer and wait. Suffering and hopes and works for people who will never know, and that in turn will suffer and wait and work for others who are not happy, because man always craves happiness placed beyond the portion that is granted. But the greatness of man is precisely what is wanting to improve. Is imposed tasks. (...) Therefore, overwhelmed with penalties y de Tareas, hermoso dentro de su miseria, capaz de amar en medio de las plagas, el hombre sólo puede hallar su grandeza, su máxima medida, en el Reino de este Mundo.”
Lo que busca René Gómez Manzano para su país en el Reino de este Mundo es la democracia. Es por ella que padece y espera.
Hubiera podido escoger otra vía: la sumisión, la aprobación, la resignación, antes que la oposición, la rebelión y la prisión. Él jamás se ha apartado de su oposición pacífica, lo que significaba la aceptación de todos los sacrificios para sí mismo.
La tarea que él se ha impuesto, como el sufrimiento que ha padecido y padece todavía hoy, dan la verdadera dimension of his life. Moreover it measures the smallness or cowardice of our own.
And that is why if there is a lawyer in the world among many Cuban lawyers who have deserved the prize, that is, more than any other, but with so many others, René Gómez Manzano. And for that, too, and here it receives through the oceans, despite the prohibitions, beyond the contingencies of a day that will never alter the strength of the messages. Well
posts through space, time and other cross. Animated
premonition of his death, on the eve of his landing in Cuba, José Martí wrote two last letters to his son and his wife, who had not seen for years.
by his son, in a last message he wrote: "Goodbye, be fair." And he sent his watch, and to bequeath a sense of time and the virtue of patience.
to his wife that day, he wrote these words: "Truth and tenderness will never be useless."
was 1895.
justice, truth and tenderness. Also patience. How much longer and how much suffering must suffer Cuba for the last will of José Martí is finally accomplished!

(Translation French direct René Gómez Manzano.)