Before the trial...
After the trial...
Look at that smile! After 5 days in custody, one concert in protest (which the police interrupted with beatings and arrests) and a massive international call for his release, Gorki is free! He was fined 600 pesos cubanos and his charge was changed from "pre-delinquent dangerousness" to "disobedience".
The sad thing is that while normally I would be jumping with happiness about this victory, I can't help but wonder with sadness at what's next. Although i'm glad they let him go, he still isn't "free" per say. He won't be locked in a cell for now but he still lives imprisoned by restrictions on his most basic human rights. He will be imprisoned for something that most of us take for granted without realizing that an entire country 90-miles off our shores is suffering.
The Cuban regime has violated, currently violates and will continue to violate every single article of the Universal Declaration of Human Rights (I'll get into that at a later date because it's something that I have a huge problem with and all the violations they commit deserve their own post in itself.) Hopefully, the international attention from organizations, groups and media that has surrounded this story will scare off the regime from doing anything to them for now. Pero si no son ellos, son otros...
This won't be the last time we'll hear from Gorki or Porno Para Ricardo. They're the kind of guys that will stand for their beliefs no matter the cost, and for that they deserve our respect.
20 comments:
You must think that playing music too loud is one of the "most basic human rights being violated"?
NOTE:
"prosecutors decided to drop the charge. Instead Mr Aguila was found guilty of public disorder for playing his group's music too loud while they were recording their new album."
BBC report:
Cuba punk rocker spared jail term
By Emilio San Pedro
BBC Americas editor
A court in Havana, Cuba, has ordered a punk rock musician to pay a fine of $30 (£15) for public disorder for playing his band's music too loud.
However, Gorki Aguila was cleared of a more serious charge that could have led to a jail sentence.
The lead singer of band Porno Para Ricardo is known for songs that ridicule Cuba's communist government.
He had faced a possible four year term in prison for the crime known in Cuba as social dangerousness.
The controversial law allows the jailing of people who the authorities believe have been displaying behaviour that would indicate they could be on the verge of committing a crime.
But, prior to the trial, prosecutors decided to drop the charge. Instead Mr Aguila was found guilty of public disorder for playing his group's music too loud while they were recording their new album.
He was then ordered to pay a $30 fine and released.
Minutes later, the outspoken bushy-haired singer told reporters gathered outside his house that it was clear the international interest in his case had played a key role in the last-minute decision by prosecutors to drop the more serious charge he was facing.
He also vowed to continue criticising the Cuban government and its emblematic communist leaders like Fidel Castro and the current president, Raul Castro.
Nothing, he said, could ever be gained by remaining silent.
There has been no comment regarding the case from the Cuban authorities.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/americas/7589405.stm
Published: 2008/08/30 05:15:54 GMT
© BBC MMVIII
Walter,
Thanks for your comment!
I know that it might be difficult for some of us living comfortably in our homes with our freedoms out of harms way to understand the underlying intentions of this totalitarian regime but the truth of the matter is that both you and I know that the volume of his music was not what sparked the government to react nor was it the original charge against him. I have a sneaky suspicion that if his lyrics were of admiration and support, they would not only never arrest him but hand him a better mic and a louder speaker.
Walter, I also mentioned that more than one of his most basic human rights are being violated. I will list a few articles from the Universal Declaration of Human Rights which the regime has violated on just this occasion alone (to list all of them will leave you with an even longer list!)
__________________________________
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
__________________________________
Someone who lives in a regime which violates all of these rights (and more) yet still defends free & uninhibited artistic expression deserves our respect. He isn't intimidated by this government and to briefly reference a comment you had made earlier, his "complaints" as well as the rest of the "complaints" from Cubans on the island are admirable and they have reason to complain LOUDLY.
You're welcome, Gigi. Have you ever been to Cuba?
Noise pollution is a serious problem there. This man, however, is probably grateful for the publicity he's received by all of us who are spreading his story.
Seriously, however, he wasn't charged with any political offense, only making too much noise. He seems not to have decided to appeal his conviction by the court.
Poor Gorki, now that he's not in jail you won't be able to call him a political prisoner any more!
Que triste!
Well done, Gigi. En cambio a Walter no puedo decirle lo mismo. Tal parece que este individuo es un "me opongo, de que se trata?" o un "me pica aqui y me rasco alla"... Su razonamiento colinda con la intransigencia de un ser con problemas etnicos sin resolver o quisas sea hasta algo ignorante en sus comentarios; debe leer mas sobre las diferentes culturas. Cuba es ruidosa, pero es sensitiva. Yo si he vivido en Cuba, este senor no sabe lo que esta hablando, en su pobre observacion tras una evidente visita a la Isla, solo supo apreciar "las protestas de las gentes". No fue capaz de apreciar que esas gentes solo tienen ese recurso porque todos los demas los tienen reprimidos. Poor Walter. Si, ya Gorki no es un prisionero politico, pero la defensa a todos los que se les viole sus derechos mas elementales siempre va a existir, le guste a este individuo o no. Por lo pronto le recomiendo unos tapones para sus oidos. Para otras cosas que quisas encontro en Cuba y que fue a buscar durante su visita, no le recomiendo visitar un pais tan bullanguero.
It's too bad for Gigi and M.A.G.O. that the laws of the United States to not allow you to go and salute your hero now that he's out of jail.
Presumably those restrictions are ones with which you agree?
No Walter, yo no tengo que visitar Cuba para felicitar a Gorki. El no es mi heroe sino un afectado mas de ese regimen que oprime a todos los que alli viven. Tampoco estoy de acuerdo con las restricciones de este pais para visitar Cuba. Pero no estar de acuerdo con esto ni aquello no me convierte en lo que usted quiere parecer ser, que no creo que pueda decir lo mismo de vivir alli sin los beneficios de los privilegiados. Sea en Cuba o en cualquier otro pais, los derechos humanos se defienden. Es de cobardes permanecer en silencio ante el abuso, o por el contrario, alzar la voz para aplaudirlo.
I'm against the Bush/Diaz-Balart policies toward Cuba.
But US policy toward Cuba is completely irrelevant in this discussion.
The fundamental question deals with basic and civil rights, which Cuba consistently violates.
Walter,
In fact, I have been to Cuba and I keep in contact with many people on the island on a daily basis. Your response just talked about "noise pollution". Where is your response to all the violations they commit? Article by article. I enjoy intellectual debates and discussing these matters with you but right now, as you have done in the past, you are simply being lazy. We can continue debating this issue but remember this is a human-rights issue. Stick to it because if you don't you'll soon see you're just shooting yourself in the foot.
This man was charged with making too much noise. He was convicted of making too much noise, and he seems to have paid his fine for making too much noise. He was not charged with any other offense.
The two Cubans I spoke to on the island this morning were concerned primarily with preparing for Hurricane Gustav. I doubt that they were particularly concerned about "noisemakers rights".
Are there limitations on democratic rights in Cuba? Absolutely yes, there are.
They have a one-party political system. Cubans are not permitted to take money and political directions from hostile foreign governments and non-governmental organizations. Cubans have to request permission to travel abroad before doing so, and such permission is not always granted.
Under the Cuban Adjustment Act, any Cuban, anywhere on earth, can gain rapid permission to enter the United States, unlike the citizens of any other nations.
Indeed, the spouses and children o of Cubans, even if not Cuban themselves, can gain rapid admission to the United States, under this completely unique legal provision.
This helps explain some of the limits on democratic rights in Cuba.
Here in the United States we can travel to any country we want, without asking permission.
With one exception: if the country we want to travel to is Cuba.
Walter, definitivamente que si Ud. cree que Gorki fue acusado de "hacer mucho ruido" y esa fue la unica razon para su encarcelamiento por varios dias, entonces es usted un perfecto iliterato que posiblemente tambien crea en el cuento de "La Caperucita Roja" y en "Santa Claus".
There was talk of social dangerousness, and, from what I've read, he's mostly guilty of bad taste, but that shouldn't be a criminal offense.
In any event, apparently his only criminal offense, of which he was found guilty, was making too much noise. And a 600 peso multa doesn't seem monstrously abusive, even by Cuban standards.
Since neither of us was present, I don't think we can fairly address that issue, verdad?
Yes, Walter. Even 600 pesos seems abusive, especially with salaries on the island being so low. I guess you don't hold a governments duty to defend and protect their citizens to such a high regard. Don't settle for defending an undemocratic regime just because it's easier. Don't accept that there are limitations on democratic rights. Question why.
The point isn't to think "well...they weren't that bad to him". They did not arrest him for making "too much noise" but for argument sake then yes, even "noisemakers rights" are important to defend.
Here is an excerpt from an interview.
GA: Imaginate, de un juicio politico tuvieron que hacerme un juicio por conducta antisocial, por hacer ruido, etc, gracias a la enorme presion internacional y la verdad en la mano, y el abogado Henry Rosello, un valiente, gracias a eso pudimos derrotarlos.... Lo unico que me pudieron decir fue lo del ruido....
It's becoming increasingly apparent that Gorki is just a potty-mouthed punk whose words are so vulgar they can't print them even when he gets a favorable profile, as he did in yesterday's New York Times.
Check that NYT profile out here:
http://www.nytimes.com/2008/09/06/world/americas/06gorki.html
People like him are the ones which the commentators on this blog seem to be so fond of, it gives the impression that he's what you envision for the "free Cuba" you'd like to see.
Each day we live, we make choices. To get out of bed, or to go back to sleep. Newspaper editors to the same thing, and today we're getting a useful object lesson in journalistic decision- making from the New York Times. It's quite an object lesson. Here we see the choices made under a system which likes to proudly describe itself as having "freedom of the press".
In recent days the island of Cuba, referred to by its literary designation, "the pearl of the Antilles", survived an assault of an all-to-familiar type, Hurricane Gustav. Much power was knocked out, homes destroyed, agricultural lands were damaged.
Not one single life was lost amidst all of the devastation and, an arm of workers and volunteers began to struggle so that the population in the hardest-hit areas was fed, clothed, given a place to sleep, had electric power, and the schools opened on time as quickly as that could be arranged.
When we compare that with what we saw happening in New Orleans after Hurricane Katrina, and after Gustav proceeded to the US and New Orleans after pummeling Cuba, you'd think that a few words of praise might be found for revolutionary Cuba's quick capacity for the restoration of public services to meet their people's individual and social need. You would be wrong, to be under any such misapprehension.
Cuban society is a complex one, with numerous problems and challenges, as any visitor there with any familiarity knows. Under nearly fifty years of unrelenting pressure from the US blockade, and having made some of its own errors as well, the Cuba Revolution still lives, sometimes it seems as by magic.
The NEW YORK TIMES finds all of this of no interest, providing an entirely different focus for its "Saturday Profile" today.
This presumably flattering portrait of a cranky opponent of the Cuban Revolution, filled with quotes, noticeably lacks any kind of dateline. He seems to be what in the United States of America is often referred to as a "shit-disturber", someone out to make trouble by any means: "As a logo for their group, they use a Soviet hammer and sickle transformed into a pornographic image."
By the activities described here, we have an individual and an admiring chorus of foreign admirers, who hope to create some kind of public incident, some trouble, some provocation, some anything.
Based on the quotations from him which are given to readers here, he seems to be quite successful in making a name for himself in the world outside of Cuba. A potty-mouthed individual, had been convicted on a drug charge, who married while in prison to use conjugal visitation rights, he's recently become the darling of a veritable army of Cuba-haters around the world. This can easily fund a career, and you should read this material all the way to the end, as it tells us about the priorities of this newspaper.
Gorki makes an interesting contrast with the last Cuban group of dissidents, the "Ladies in White", those quietly respectable mothers, girlfriends and spouses who used to march single-file to and from a Catholic church on Sundays. The "Ladies in White" have recently split, and now the Cuban dissidence presents its image to the world in this basically nihilistic manner.
Walter,
On your next trip to Cuba try and take some time to visit south-central Cuba.
The unlivable structures that look like they have been hit by a hurricane where in fact hit by Hurricane Dennis in 2005. The reidents of those homes are still waiting for supplies to rebuild.
I don't think Cuban Government has the great response capabilities that you believe they do.
600 died in Haiti.
None died in Cuba.
Do the math.
There are no guarantees in this life, but do the math.
Walter
Hey Walter,
Read your post with interest...but really, do not understand what points you're trying to make.
Gorki is a foul-mouthed "rock star" - check. Aren't they all? Isn't the whole point of feedom of speech that you can say whatever you want?
The NYT not presenting two sides of a story - check, ask the republicans.
No one died after gustav - great! Do you claim that this is a sign that the Cuban government is a good one or "cares for its people". Maybe building houses that do not blow away in the wind would be a start.
One favor - you mention "army of cuba haters"...can you please tell me where they are? I'd love to know. Most I've seen over the last few years is exactly your perspective...poor little Castro brothers, look at what the US has done to them, and to the people of Cuba.
600 dead in Haiti.
None in Cuba.
Do the math.
Cuba has lots of experience as a highly-organized society in confronting challenges like this.
And in the face of the hurricane, the NEW YORK TIMES made its priorities clear by highlighting a foul-mouthed rock star.
What's hard to understand about that?
Walter,
Again, I am very happy no one died, that is great news.
Regarding your post, you're smarter than that, as your many posts have demonstrated.
You imply a point that you never make. I did the math. What exactly should we learn from that? Did you look at the death tools in the DR? In the rest of the islands of the carribean? This is of course, accepting your assumption that the reported numbers are correct, which we all know not true.
They're "highly organized" - lets assume thats true. Ok. Kim Il Jung manages to bring a million people to his speeches while simultanously killing another million from starvation. They seem to be fairly good organizers too.
Regarding the NYT, I too wish I had the ability to influence what they report on and what they say - but then again, if I did, this wouldn't be America, and we'd all be worse for it.
Walter,
First, following up on Axel's question, who are the "Cuba-haters around the world" you speak of? Do you mean people who oppose the Castro regime because it is a totalitarian regime that remains entrenched in power by denying its people basic political freedoms? What does that make those who, seemingly like you, support the despots and their fraudulent revolution of convenience? In your view, are you then a "Cuba-lover"? Casting those who oppose the Castro regime as being anti-Cuba or its people is old and failed rhetoric of the Castro regime itself. The Castro brothers and their cronies are not synonymous with Cuba and its people, neither is the future of Cuba solely to be determined by those who are directly responsible for holding the country and its people in an iron grip for close to 50 years---although I acknowledge that you "Cuba-lovers" love to blame the U.S. (despite the volume of trade and contact that goes on notwithstanding the embargo) for all of Cuba's troubles. I am curious---why exactly do you support the Castro regime, Walter? Are refusing to hold free elections and murder and jailing of political dissidents examples of the errors of the "Cuban revolution" that you so casually mention? It seems to me that to support the Castro regime one must have a blatant disregard for the humanity of the Cuban people. Are the Cuban people second rate and not worthy of democracy and the other freedoms you so plainly enjoy? Isn't it extremely hypocritical to sit in your cozy office chair enjoying and exercising your freedoms and then demand any less for the people of Cuba?
Secondly, it is the duty of the Cuban government to meet the basic needs of its people not only in a time of crisis but on a daily basis. As far as I am concerned, the government is not worthy of any special praise for fulfilling that obligation.
Finally, as to Gorky's choice of words and symbols, potty-mouthed Gorky is leveling very direct substantive attacks at the Cuban government which is clearly the only reason he bothers you and the Castro regime so much.
Hmm..time to recalculate your "math" "Walter Lippman"(nice alias). What now?
Unfortunately, there will probably be more.
"Al menos cuatro personas murieron en accidentes relacionados con el paso del huracán Ike por Cuba, donde el mar de leva y los ríos crecidos inundaron barrios mientras los vientos destrozaron techos en la zona oriental de la isla."
http://www.elnuevoherald.com/167/story/280756.html
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