Cuba: Genetics, Elites, and Emigrant Children / Juan Juan Almeida

Some months ago, someone who does not wish to be named because she is closely related to a high level Cuban leader, called me and told me that she had finished living her first and very unhappy American experience.  Her voice sounded ragged, with the irregular breaths that usually accompany crying.

Bilingual, university graduate, pretty, well prepared and much better raised, she applied for a job and found as an answer: Your last name is vetoed here, we don’t want any trouble. I told her, “Don’t worry, when someone destroys our dream, life always fixes it to help us build another one much better.”

I believe that so I managed to calm her; but today I need catharsis after seeing the hubbub generated in the local press by the arrival in Miami of the young Havanan named Josué Colomé Vazquez, the son of the Cuban vice-president and minister of the interior, General Abelardo Colomé Ibarra.

It is true that since there is no gossip press on the island, the lives of certain people who make up that clouded high society generates a curiosity that approaches morbidity and gives life to hunters who with mandibular exercise seek to call our attention shooting relentlessly at the so-called elite who because of non-programmed genetics were born with certain privileges.

Needless to say, with exceptions, this so attractive demographic group that includes many relatives of leaders of the Cuban revolution, does not decide to emigrate because of feeling persecuted or for political reasons; they do it because of fashion, eccentricity, or to study and one day return home with the honorific baggage of an American residence and some ultra-flamboyant title.  Also to improve their personal economy and/or look for more stable places than Havana in which to reverse the syndrome of generalized apathy that is produced by not knowing where we are going… In short, the reasons vary by those who come, ninety miles further north, this galaxy that many call “Daddy’s kids.”

Are they simply opportunists?  God save me from judging, although I agree that they are taking advantage of Public Law 89-732, “The Cuban Adjustment Act” which offers refuge and opportunity to Cubans in this country, the United States. The same law and opportunity of which so many Cuban emigrants (the term exile sounds a bit more cruel to me) make use of.

It is not good to outlaw so much. He who is free of sin come and ask me for a few. Is it necessary to clarify that, although to many it seems an act of high patriotism, stealing an airplane, a boat or raiding a warehouse in order to steal loaves of bread, without being hungry or needy, are not political issues but common crimes?

Look, on March 31, 1589, the fortification works of Havana began to come into being, directed by the engineer, military architect and Italian builder Bautista Antonelli, and by field marshall Juan de Tejeda who was governor of Cuba from 1589 to 1593.  An excellent anniversary to think of building a better country, where judging is an act of law, the guilty pay for their crimes and not for being sons or nephews. Reconsidering it bodes well.

1 April 2014

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~ by Juan Juan Almeida on April 3, 2014.

One Response to “Cuba: Genetics, Elites, and Emigrant Children / Juan Juan Almeida”

  1. International Guarantees and Cuban Law

    the startup of a new digital newspaper in Cuba by Sanchez and her 11 supporters will be under scrutiny from inside Cuba and its roll out will be followed by the International Community with great anticipation. Cuban law is general and subject to wide interpretation by the courts.

    Universal Declaration of Human Rights Adopted by General Assembly resolution 217 A (III) of December 10, 1948.

    Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

    International Covenant on Civil and Political Rights
    Adopted and opened for signature, ratification, and accession by General Assembly resolution 2200A (XXI) of December 16, 1966. Entry into force March 23, 1976, in accordance with Article 49.

    Article 19
    (1) Everyone shall have the right to hold opinions without interference.
    (2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

    (3) The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

    (a) For respect of the rights or reputations of others;

    (b) For the protection of national security or of public order (order public), or of public health or morals.

    Cuban Penal Code Article 72
    Any person shall be deemed dangerous if he or she has shown proclivity to commit crimes demonstrated by conduct that is in manifest contradiction with the norms of socialist morality.

    Cuban Penal Code Article 91
    The person who, in the interest of a foreign state, commits an act with the intent to cause damage to the independence of the Cuban state or the integrity of its territory, shall be punished with 10 to 20 years in prison or death.Law 88 Protection of Cuba’s National Independence and Economy

    CHAPTER I
    Generalities

    Article 1: The purpose of this law is to categorize and penalize those acts directed at supporting, facilitating, or collaborating with the objectives of the “Helms-Burton” Law, the blockade and the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating Cuba’s socialist state and independence.

    Article 2: Given the special nature of this law, its application will be preferential to any criminal legislation that precedes it.

    Article 3.1: The dispositions contained in the general part of the penal code are applicable to the crimes foreseen in this law.

    3.2: The tribunal can impose the confiscation of goods as an accessory sanction to the crimes foreseen in this law.

    3.3: The crimes foreseen in this law are sanctioned with independence from those committed for their execution or as a result of it.

    CHAPTER II
    Criminal Infractions

    Article 4.1: Any person who supplies directly or through a third person the government of the United States of America, its agencies, dependencies, representatives or officials with information that facilitates the objectives of the “Helms-Burton” Law, the blockade or the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating Cuba’s socialist state and independence, commits a crime punishable by a prison sentence of seven to 15 years.

    4.2: The prison sentence is eight to 20 years if it coincides with one of the following circumstances:
    1.(a) if the deed is committed with help from more than two people;
    2.(b) if the deed is committed in search of profit or by means of a handout, remuneration, reward or promise of an advantage or benefit;
    3.(c) if the offender came to knowledge or possession of the information through a surreptitious manner or any other illicit manner;
    4.(d) if the offender came to knowledge of possession of the information because of the position he holds;
    5.(e) if, as a consequence of the deed, there is serious damage to the national economy;
    6.(f) if, as a consequence of the deed, the government of the United States of America, its agencies or dependencies, adopt repressive measures against Cuban or foreign industrial, commercial, or financial entities or entities of another nature, or against one of its directors or their families.

    Article 5.1: Any person who seeks classified information to be used for the application of the “Helms-Burton” Law, the blockade or the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating Cuba’s socialist state and independence, commits a crime punishable by a prison sentence of three to eight years, or a fine of five thousand quotas, or both.

    5.2: The prison sentence is five to 12 years if it coincides with one of the following circumstances:
    1.(a) if the offender came to knowledge or possession of the information through a surreptitious manner or any other illicit manner;
    2.(b) if the deed is committed with help from more than two people.

    5.3: The prison sentence is seven to 15 years if the obtained information, because of the nature of its content, creates serious damage to the national economy.

    Article 6.1: Any person who accumulates, reproduces or spreads material of a subversive nature received from the government of the United States of America, its agencies, dependencies, representatives and officials or from any foreign entity for the support of the objectives of the “Helms-Burton” Law, the blockade or the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating Cuba’s socialist state and independence, commits a crime punishable by a prison sentence of three to eight years, or a fine of five thousand quotas, or both.

    6.2: The same sanction is applied to any person who with the same purposes brings into the country any material that refers to the above paragraph.

    6.3: The prison sentence is four to 10 years if one of the deeds referred to in the above paragraphs coincides with one of the following circumstances:
    1.if the deeds are committed with help from more than two people;
    2.if the deeds are committed in search of profit or by means of a handout, remuneration, reward or promise of an advantage or benefit.

    6.4: The prison sentence is seven to 15 years if the material, because of the nature of its content, creates serious damage to the national economy.

    Article 7.1: Any person who with the intent of succeeding in the objectives of the “Helms-Burton” Law, the blockade or the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating Cuba’s socialist state and independence, collaborates by any means with foreign radio and television stations, newspapers, magazines or other media outlets commits a crime punishable by a prison sentence of two to five years, or a fine of three thousand quotas, or both.

    7.2: Criminal responsibility in the cases cited in the above paragraph will be attached for those who use said media, and not for foreign reporters legally accredited in this country, if that is the medium employed.

    7.3: The prison sentence is three to eight years, or a fine of three to five thousand quotas, or both if the deed described in paragraph 1 is committed in search of profit or by means of a handout, remuneration, reward or promise of an advantage or benefit.

    Article 8.1: Any person who disturbs public order with the purpose of cooperating with the objectives of “Helms-Burton” Law, the blockade or the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating Cuba’s socialist state and independence commits a crime punishable by a prison sentence of two to five years, or a fine of three thousand quotas, or both.

    8.2: Any person who promotes, organizes or incites disruptions of the public order, referred to in the above paragraph, commits a crime punishable by a prison sentence of three to eight years, or a fine of three to five thousand quotas, or both.

    Article 9.1: Any person who in order to favor the objectives of “Helms-Burton” Law, the blockade or the economic war against our people, aimed at breaking the internal order, destabilizing the country and liquidating Cuba’s socialist state and independence goes through with any act intended to impede or damage the economic relations of the Cuban estate, or its public or private industrial, commercial, or financial entities commits a crime punishable by a prison sentence of seven to 15 years, or a fine of five thousand quotas, or both.

    9.2: The prison sentence is eight to 20 years if the deed coincides with one of the following circumstances:
    1.if violence, intimidation, blackmail or other illicit media are used in order to accomplish the deed;
    2.if the deed is committed in search of profit or by means of a handout, remuneration, reward or promise of an advantage or benefit;
    3.if, as a consequence of the deed, the government of the United States of America, its agencies or dependencies, adopt repressive measures against Cuban or foreign industrial, commercial, or financial entities or entities of another nature, or against one of its directors or their families.

    Article 10: The prison sentence is two to five years, or a fine of three thousand quotas, or both for any person who:
    1.proposes or incites others, by any means or way, to commit one of the crimes foreseen in this law;
    2.coordinates with other people to commit one of the crimes foreseen in this law.

    Article 11: Any person who, for the commitment of the deeds foreseen in this law, directly or through a third person, receives, distributes or participates in the distribution of financial or material resources or resources of any other kind coming from the government of the United States of America, its agencies, dependencies, representatives and officials or from private entities, commits a crime punishable by a prison sentence of three to eight years, or a fine of three thousand quotas, or both.

    Article 12: Any person who commits any of the crimes foreseen in the above articles with help from a third state that collaborates with ends established by the government of the United States, will be accountable for the sanctions established above.

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