A judgment in contumacy is expected in Cubans vs Dok case

July 27, 2008 1:19 PM

In the lawsuit against the Curaçaose Droogdok Maatschappij (CDM) by the three Cuban ex-employers of CDM in Miami, a judgment in contumacy is expected.

In 2005 the three Cubans were able to escape to the US via Colombia. According to them there was a situation of modern slavery at the Dok. As is known, they were being paid far beneath the minimum wage and had to work long shifts. Following the commotion, the labor inspectorate held an investigation and the Kingdom government stopped issuing out visas for Cubans. The Cubans meant to arrive around this period would be getting the minimum wage.

Last week the case of the fled trio was dealt with before a court in Florida. They claim financial compensation from the CDM. During the case it became evident that the American law firm representing CDM asked the judge permission to resign from the case due to irreconcilable differences. Both interim director Frank Esser of CDM and local solicitor Sandra Thompson were not available for comments.

Counsellor Arend de Winter, who represents the three Cubans as their local liaison officer and thus also has contact with their American lawyers, says to not know the details of the case. “CDM would bring out statements about this case, but that hasn’t happened. Then it was subsequently presumed that this would be done during the hearing, but also there they did not appear. It is possible that this was the reason their lawyers requested to resign from the case.”
Because CDM has not come with a counter-plea, a judgment in contumacy is expected. This is not directly enforceable in the Antilles. A local judge would then have to make a decision on it. The lawyers expect the judge not to disregard the American verdict just like that, eventhough they expect the indemnity to be drastically reduced. “Cuba is still a sensitive subject on the international platform. CDM can burn its fingers in the international market if they do not accept the payment settlement. American cruise liners for example, can abandon the Dok”, warns De Winter.

That the Cubans were able to hold a lawsuit in the US against a company outside of the US is because an American judge was in favor of the petition. He based this on the case law in crimes against humanity in its international context.

(Source: National Newspaper Amigoe)

July 22, 2008