The lethal weapon.
HAVANA, Cuba, February 2011 - In Cuba there is no fear of physical pain, but to all arms of government to suppress. The most lethal: the law and punishments, the perfect way to deprive yourself of all, your freedom, your home, your possessions, the desire to live and to inhibit everything around you.
The Dr. Jeovany Giménez, first-degree specialist in General Medicine, perhaps refused to feel that fear, when he decided to send a letter on March 31, 2006, the Central Committee of Communist Party of Cuba , explaining " a shirt removed, as we Cubans say, nerve problems in the health sector.
His writing was described as subversive and conduct contrary to the principles of character social, moral or human generated "just and socialist society ." His attitude was a credit risk to the provision offered by the people, the Ministry of Public Health . More, even, than the starvation of more than twenty mentally ill. Giménez expect anything, meetings, disciplinary counsel, public reprimand, etc., Unless disqualified to practice medicine indefinitely. Should pay the insolence of questioning the country's economic policy, decisions are made on medical cooperation abroad, and the audacity to sue for workers, a design life away to the "early revolutionary society."
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Jeovany said what he thought, but its letter did not contain the message desired by the authorities and sent to the wrong place. Since Raul Castro said in his last speech, accept "differences of opinion preferably expressed in time, form and place, ie in right place at the right time and right way. "
not spared his sincerity and boldness to say, no frills, that the wages of professionals and health technicians, is " evanescent" and leads to a life of oppression, agony, emergency department expense of grateful patients, leading to a life without respect for medical ethics. Nor that the letter was endorsed by 300 workers.
had the perfect judge, José Ramón Balaguer Cabrera, the ousted Minister of Public Health, whose incompetence led away with the deaths of dozens of patients sold. Such Once the former minister too focused on punishing nonconformists. If I had heard the claims of Jeovany, maybe the Cuban health system, not load today so ugly stain.
The authorities appealed to the ideal weapon, the ambiguous Resolution No. 8 of February 7, 1977 , which enforces the procedure for suspension and debarment of professionals or health technicians, for violating "the provisions laws and regulations in force, or acting with manifest disregard of social value, moral and human medicine should be our society. "
Balaguer, covered in the aforementioned rule, issued its own, the Ministerial No 248, 2006. Did not care that the attitude of Vega Giménez not constitute an infringement of labor discipline or that had no connection with the performance of his duties as a physician. He forbade the practice of medicine for life and throughout the country. Not mentally retarded let die of hunger, but by speaking his mind.
If Jeovany had been involved in the case Mazorra, revolutionary justice may not have been so severe. Only two of the health professionals on trial, he was given as a further sanction, prohibition of practice of the profession, but equally While the main sentence set. Even the sanctioned enjoy the ability to appeal the court's decision.
Similarly, social justice, when he wants, is slow. Mazorra hospital events took more than a year to prosecute. The sentence handed down by Balaguer judging Giménez Vega took less than six months.
He was not given the opportunity to appeal their decision, could only complain to the Office, which did not assess if any violation of the law, despite the minister argued that legal provision, which criminalized the offense by the young. In Jeovany as disabling medical had nothing to do malpractice. Rather, it was a warning to the 300 who joined their claims.
A is feared that in Cuba: a law that legitimizes and justifies repression each of the governmental actions that are arbitrary and exemplary punishment. The protesters, dissidents and all those who dare to disobey, they know what they face: a power capable of making anything, to bury them so that they never raise their heads again, the lethal weapon of the Cuban revolution.
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* Larisa Diversent, La Habana, 1980. Lawyer, graduated in 2007, the year that began in the independent press. The Blog Juriconsulto of Cuba, which she founded, is dedicated to the analysis of politico-legal reality of the island is also the founder of the Cuban Law Association.
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