The Cuban government has kept peasant Jesús Laborit Brito, owner of the "Vista Hermosa" farm in the Havana town of Cacahual, "legally defenseless" for five and a half years, violating the Constitution and laws, he toldCyberCuba his attorney, Edilio Hernandez Herrera.
With its actions against the farmer Laborit, the Cuban government violates article 59 of the Constitution, the Civil Code, Decree Law 232/2003 and Resolution 170/2017 of the Ministry of Agriculture; lists his defender; pointing out that six months after being detained, the authorities and the corresponding prosecutor's office "dismissed the case, understanding that my client had not committed any crime."
Despite this, Laborit has not been returned what was confiscated and, since then, it has suffered several illegalities committed by the Cuban government, including an "illegal" eviction resolution and the usurpation of its lands by the Agroforestal de Boyeros company, reselling them. corruptly and illegally," says the lawyer.
"Vista Hermosa" is a 7.63 hectare farm, located in Cacahual, Boyeros municipality, which functioned as a small dairy production unit with fourteen heads of cattle and whose tranquility and productive operation remain disturbed by the "irresponsibility" of Eddy Soca Baldoquín, recently appointed Delegate of MINAGRI in Havana and Orlando Díaz Rodríguez, legal director of the aforementioned ministry, says the victim's lawyer. Previously, Soca served as director of Soil and Land Control in the ministry itself.
Until now, the legal claims filed, for nullity and review, have been denied, declared without merit or not responded to by the Ministry of Agriculture (MINAGRI), the municipal prosecutor's office of Boyeros and the Provincial Popular Court of Havana, without any legal basis. , leaving Laborit in a "state of defenselessness", his lawyer emphasizes that - in February - he presented a complaint to the Department of Attention to the Population of MINAGRI; describing all violations and illegalities committed by the government; without receiving a response, until the time of writing this note.
CyberCubahas not been able to compare this information with the Ministry of Agriculture, the Playa and Boyeros prosecutor's offices and the Popular Court of Havana; When we receive your responses, we will publish them.
Laborit's judicial ordeal, which cost his father his life, began in June 2016, when officers and soldiers from the Ministry of the Interior broke into the farm he owned, inherited from his maternal grandfather, and discovered and occupied 18 marijuana plants. and they arrested him.
Three days after Laborit was detained, a confiscation Commission of the Provincial Delegation of Agriculture in Havana, broke into "Vista Hermosa" with a truck to take away the livestock and the tractor, without being protected by judicial or administrative documents. ; only the confiscation records of the cattle and the tractor; postponing the occupation of the tractor and the farm due to protests from neighbors; explains his lawyer, who denounces the "usurpation" of the agricultural machine in January 2017.
Genaro Laborit Ponce, father of the detainee, retired military man and former combatant from the Sierra Maestra, who suffered from diabetes and hypertension, died during the government process against his son, out of helplessness in the face of injustices; assures his lawyer.
In December 2016, Laborit is released. without charges, when the Police Investigator and the Boyeros Prosecutor's Office dismissed the case; "All measures must be annulled, in accordance with the provisions of article 67 of the Civil Code, which establishes the nullity of legal acts carried out against a legal prohibition and without complying with the established formalities, points out his defense lawyer.
In March 2017, Laborit was notified by the Provincial Delegation of Agriculture of Havana of the loss of its property and confiscated resources, citing Decree Law 232/2003 that establishes the confiscation of land and agricultural assets, "when "the aforementioned acts are committed by persons other than their owners, provided that the occasion or circumstances in which said acts are carried out demonstrate or rationally assume that they are known to the owners or usufructuaries of the lands"; circumstance that does not occur in the case because Jesús Laborit was released without charges, the prosecution itself arguing his innocence; his defense attorney emphasized.
With its actions, the Cuban government also violates the Constitution of the Republic itself, which, in its article 59, establishes that "the confiscation of assets is applied only as a sanction ordered by competent authority, in the processes and procedures determined by law." "says the lawyer Edilio Hernández.
The Cuban government also violates resolution 170/2017 of the Ministry of Agriculture, an organization to which the Agroforestal de Boyeros company is subordinate, which continues to usurp and sell the "Vista Hermosa" farm, piecemeal, despite the fact that the regulation establishes that confiscation of land and agricultural assets only proceeds by sanction of the courts to small farmers owners for crimes in which said measure is provided as a main or accessory sanction, concluded lawyer Herrera.
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