Professor Alina Bárbara López Hernández, who presented this Wednesday before the Matanzas Provincial Prosecutor’s Office a “formal complaint and annulment action against the official citations” that State Security had given her, has won this battle. The police have suspended the summons, as the head of the station where she was called for an interrogation required by counterintelligence told her hours later.
“I imagine that the Prosecutor’s Office intervened in favor of the annulment action that I requested. We can defend ourselves against the illegality of the procedures. To study the Law of Criminal Procedure (LPP). Thank you all,” the teacher celebrated on Facebook, from where he reported the news.
On Tuesday, a person identified as a counterintelligence colonel asked him to speak at the Cuban Association of Artisan Artists, in Matanzas
López is a mentor of the group of young intellectuals and artists The Worst Generation, censored and persecuted in recent days by State Security. On Tuesday, a person identified as a counterintelligence colonel asked him to speak at the Cuban Association of Artisan Artists, in Matanzas.
The teacher publicly denounced the facts and warned that she was not going to settle. “In Cuba a perverse logic has been enthroned that puts pressure on people for whom there are no reasons to prosecute and who are threatened and coerced for political reasons. I will not lend myself to it,” she stated.
After carefully reading the LPP and obtaining legal advice, Lopez He concluded that there were no “mandatory legal formalities” in his summons and went to the Prosecutor’s Office to present a brief. The prosecutor who examined the documentation told her that she was right and that she would inform “before the State Security organs.”
“No citizen can be summoned under invocation of said Law [la LPP] if there is no open criminal proceeding in which he is being summoned as a witness or defendant in the accusation,” explained the professor. “Counterintelligence is not an actor recognized by the LPP to interact with a citizen if that legal proceeding were opened, they are others. Also, there is no such thing as an ‘interview’ in the LPP,” she added.
The victory has been celebrated with much prudence by the jurist Eloy Viera Cañive, who gave up his law career in Cuba so as not to be an accomplice of the regime and is currently a collaborator from Canada of The touch. The lawyer has published an extensive comment on Facebook, shared by the teacher, in which he expresses his respect for López and praises her coherence and the reasoned way of dissenting from her.
“I believe that one cannot speak of legal victories in Cuba. At least not definitive legal victories in politically motivated processes such as Alina’s. In Cuba, the law is not a limit or guarantee of anything”
“The most important thing is not the result of the annulment action that Alina presented -guided by me- against some illegal citations that State Security notified her. The most remarkable thing for me has been Alina’s civility and courage to say no to totalitarianism, even knowing the consequences,” he writes.
However, he regrets that his victory is not a paradigm and warns Cubans not to expect much success within the law. “The fact that Alina has been lucky (others call it a privilege) does not mean that others before her have enjoyed the same happiness in Cuba. Nor does it mean that the fortune that smiles at Alina today will be the same that will accompany her in the future. Much less that it will be the same one that will accompany those like her who decide to say no, even using their own legal arguments,” she maintains.
The jurist continues: “I believe that one cannot speak of legal victories in Cuba. At least not definitive legal victories in politically motivated processes such as Alina’s. In Cuba, the law is not a limit or guarantee of anything.”
Although, he affirms, he is a firm defender of legal activism and considers that López’s case encourages others to follow his example and rebel “in the face of barbarism and arbitrariness”, he also asks that those who assume it “cannot do so with the hope of achieving triumphs legal or the effects that the law provides”.
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