Decision by Raul Castro Complicates Cuba’s Legal Landscape

Decision by Raul Castro Complicates Cuba's Legal Landscape / Juan Juan
Almeida
Posted on December 12, 2015

Juan Juan Almeida, 7 December 2015 — During one of his famous tantrums,
General Raul Castro shamelessly ordered a review of all the paperwork
related to the sale of nine private homes as well as investigations into
their new owners.

The Office of Personal Security got to work and the public prosecutor
intervened, seizing some twenty homes. The same chain of command also
closed two private restaurants in prime locations which had been leased
from the state-run company Palco for of 3,000 CUC a month.

It has been said — and this is gossip, so I do not know if it is true or
not — that one of the restaurants, located near Fifth Avenue and 68th
Street, was closed because Alex Castro, Fidel's photographer son, had
commercial interests and was trying to get permits.

But, as I said, this has not been confirmed. The fact is that the
actions by the district attorney's office have created a firestorm that
they are now trying to put out. To calm things down, Samuel Rodiles, a
special envoy and the current director of the Institute of Urban
Planning, and Miguel Gomez, director of Havana's Collective Buffets
corporation, have appointed an attorney to handle the case.

An appeal is being heard in order to, as many believe, quiet things
down. But the well-known female attorney with the beautiful legs,
angelic name and iron will claims otherwise.

"This is not a trial involving the public prosecutor, she claims. "It is
an administrative issue, a civil matter. There has been no illegality,
no crime. What has been done is an injustice. Currently, there is a
housing law allowing for the sale and purchase of houses and property.
If the owner is a Cuban citizen or permanent resident alien named
Juaniquito Perez and the deed confirms that the owner is Juaniquito,
then there is no irregularity. So what is the problem?"

The pending process promises to be long and complicated. The prosecution
claims that the actual owners are not Cuban and that property deeds
indicate that Cubans are serving as fronts for Italian, Russian, Chinese
and Spanish buyers.

But the young and experienced jurist argues that the confiscations are
groundless and is demanding that the properties be returned and that
those affected be compensated. She also points out, with thinly veiled
sarcasm, that "if Raul Castro does not like the new neighbors, he should
move or change the law."

The issue could have consequences. Two Urban Reform Laws in 1960, and
two General Housing Laws (1984 and 1988), along with an infinite number
of resolutions, circulars and rules of lower standing, long rules by
"apolitical" Cuban real estate until, in 2011, the Decree Law Number
288/2011 marked a radical change on repealing the major constraints in
the area of the right to personal property (please, do not confuse
private property with personal property).

Although legislative change is always welcome, Cuba still retains a
stunted system of civil law. There is a huge disconnect between reality
and the registry office. Some urban areas have been declared special
zones or areas of special significance related to "national security"
based on their proximity to houses or routes used by Fidel or Raul. The
property registry office is completely cut off from reality. It has been
overhauled not to fulfill its intended purpose but to meet the
government's demands that it present a positive appearance to foreign
investors.

This case has caused new Cuban investors to lose faith in the security
and credibility of the system. They legally purchased or leased property
and are now on the verge of eviction. All of the confiscated homes were
duly registered. The act of sale was legal and the corresponding taxes
were paid on each property. These were formal, legal transactions
conducted in compliance with new government-imposed regulations. Where
is the illegality?

As repeated ad nauseam by my unbearable professor of Procedural Law:
"The worst case scenario is when the law exists, but does cover it."

Source: Decision by Raul Castro Complicates Cuba's Legal Landscape /
Juan Juan Almeida | Translating Cuba -
http://translatingcuba.com/decision-by-raul-castro-complicates-cubas-legal-landscape-juan-juan-almeida/