Uncertain Execution of Judgment Hurts Civil Society Activist / Dora Leonor Mesa
Uncertain Execution of Judgment Hurts Civil Society Activist / Dora
Dora Leonor Mesa, Translator: Unstated
Persistent rumors from the ECAL No. 2 state that the entity surrendered
to the police a letter dated September 7 this year which states that …
"as outlined in file No. 174 of 2010, regular process established by
Dora Leanor Mesa Crespo and provision made by the Municipal People's
Court of Diez de Octubre, ordering the demolition of the wall' that
affects the applicant, we have to inform you that in a visit to the
former premises occupied by the Negotiating Group of the Extinction
Movement of State Microbrigades, located in Calzada de Luyanó No. 557
between Manuel Pruna and Juan Alonso, Diez de Octubre municipality, to
date we have been unable to access this location to determine the scope
of work to be executed, because the compañero residing there, named
Adolfo Perez Zenea is serving a sentence of imprisonment in Penitentiary
Based on information obtained from sources that refused to be
identified, the director of the ECAL Pita No.2 Nelson Córdova Pita his
Legal Advisor Yaquelín Rodríguez allege they are seeking the key from
the defendant's wife, also a local resident, worker at the Municipal
Plaza Microbrigade, part of the construction company that is located at
23rd and 2nd street, in the Vedado neighborhood.
A confirmation of the existence of the letter of ECAL No. 2 was
delivered to the Police, the justifications are related to the complaint
of weeks ago — property infringement — by the civil society activist Ms.
Dora L. Mesa.
First some clarification would be good. The above residence of the
worker and his wife is absolutely illegal, as is confirmed by documents
held by all parties. The place is not even legally registered as state
property, it was part of the house of the complainant. Furthermore, the
ECAL # 2 tries to ignore the judgment of the Municipal Court No. 17 of
Diez de Octubre dated April 29, 2011 which appears verbatim:
Fail: We must declare and we do declare in favor of the complainant, and
in consequence affirm this statement condemning the defendant to respect
the required separation between the two properties adjoining the site,
and the defendant must demolish and create a corridor of approximately
one meter and fifty centimeters between the two properties. Without Costs.
It should be clear that the complainant does not have to demolish a
wall, because the sentence is explicit by clarifying that they have to
demolish the adjacent locale, always taking appropriate action because
the ceiling of the room is used a wall of the house of the applicant.
Lest by chance the property of the activist might also be demolished.
This legal battle has been going on for 45 years. The request for
enforcement of judgment is dated June 30, 2011. From that moment 3
trials have been suspended by the absence of the directors of the ECAL
and other unknown causes. The next citation is Sept. 27 at 10 a. m. and
probably will be suspended by the most unlikely reason: Protection of
breeding animals for profit, slippery keys, busy magistrates…
They are wasting their time if they believe that Ms. Dora Mesa will not
go every day to the Municipal Court of Diez de Octubre to know how to
start the execution of the judgment. They don't know the power of filial
love and the brave old man's voice clamoring for justice.
Regardless of the excitement or otherwise of the case, the applicant can
legally establish another lawsuit but cannot demolish the premises and
request the restitution of his backyard. In short, if your family spends
nearly half a century in these legal chores, should be awarded the
missing part. As the Cuban sociologist Calviño would say: It's worth the
September 20 2011