Thursday, October 6, 2016

Cubalex considers suing the Minister of Justice for violating its right to form an association

Cubalex considers suing the Minister of Justice for violating its right
to form an association
DDC | La Habana | 6 de Octubre de 2016 - 02:47 CEST.

Justice Minister María Esther Reus dismissed "without recourse" the
administrative appeal the association Cubalex had filed in response to
the July decision by the Department of Associations to deny entity its
right to form an association. Laritza Diversent explained the situation
to DIARIO DE CUBA on Tuesday.

According to Diversent the rejection is based "on the grounds that the
objectives and purposes of the organization "are intended to harm the
social interest" and that it engages in "illegal activity, with actions
undertaken on unofficial sites and newspapers."

Diversent explained that the minister has alleged that all this
constitutes "a violation of Article 62 of the Constitution of the
Republic, which states that none of the freedoms it recognizes may be
wielded against the objectives of the socialist State."

Another argument to justify the refusal is that there is already an
association of law firms, and that an association like Cubalex is
unnecessary.

In response to the new refusal Diversent explained that Cubalex will
consider suing the Minister of Justice: "The appeals are not exhausted.
We are dissatisfied with the decision and there exists the possibility
of filing a lawsuit against the Minister for failing to recognize our
right to constitute ourselves as an association."

According to the independent attorney this "interaction" between Cubalex
and official bodies and institutions is what is vexing the regime and
has prompted the latest actions against the organization.

"All our interactions with official bodies, pursuant to the law, is what
has driven them up the wall, and this is why they are going after
Cubalex," Diversent said.

If they file the suit and it is rejected again, Cubalex could turn to
the Supreme Court. The national legal channels would run out there, at
which point they could turn to international organizations.

The lawyer recalled how after the raid on the organization's
headquarters last Saturday, independent attorney Eliócer Cutiño was
arrested and threatened. She added that Julio Ferrer Tamayo remains in
prison, and a habeas corpus order will be filed to condemn an
imprisonment they consider "illegal."

Source: Cubalex considers suing the Minister of Justice for violating
its right to form an association | Diario de Cuba -
http://www.diariodecuba.com/derechos-humanos/1475714856_25812.html

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