COMPANY DECRIES CUBAN ‘JUSTICE’
Canadian businessman gets 15 years
A Canadian transportation firm is reacting with outrage to the news that its 74-year-old president has been sentenced to 15 years in prison in Cuba, saying the conviction was completely predetermined and a “travesty of justice.”
Cy Tokmakjian, head of the Tokmakjian Group, was found guilty on corruption-related charges that Cuban officials call part of a broad campaign against graft. The company maintains it has done absolutely nothing wrong. There is concern that the charges were concocted as an excuse to seize the automotive firm’s $100-million of assets in Cuba.
“There’s a big deception that is happening in Cuba in order to squeeze out certain businessmen,” company spokesman Lee Hacker said Sunday.
The Tokmakjian Group’s Cuban offices were first raided in 2011, as the government launched an anti-graft drive that has swept up foreign business executives from at least five nations as well as government officials and dozens of Cuban employees at key state-run companies.
Several other foreigners have been charged and jailed as part of this crackdown, including Canadian citizen Sarkis Yacoubian (of trading firm Tri-Star Caribbean) and Stephen Purvis (of British investment fund Coral Capital Group Ltd.).
“They repeat the same process with everybody,” Mr. Hacker said. “There’s a lack of justice and a lack of due process. There’s absolutely no rule of law down there.”
He pointed out that the Concord, Ont.-based Tokmakjian Group operated for more than 20 years in Cuba with no incident before its president was arrested three years ago. The company is the biggest foreign investor in Cuba after Canadian miner Sherritt International Corp, he said.
Mr. Tokmakjian’s trial was attended by foreign government officials, and according to the company, they were astonished by what looked to them like a “show” trial.
Toronto-area MP Peter Kent echoed the Tokmakjian Group’s view that the ruling is a “travesty of justice.”
In an interview with the Canadian Press, he called the case a “very strong reminder that international investors should beware” when dealing with Cuba.
“It’s obvious an appeal is a waste of time given the Cuban justice system,” Mr. Kent said, while also stressing that the case is “not over yet.”
The company is working with the Canadian government to try to get Mr. Tokmakjian released. It also has launched a $200-million legal action against Cuba.
“Sadly, Cy remains in Cuba suffering physically and mentally, not knowing when he will be reunited with his family,” the company said in a statement.
“We pray that this nightmare will be over shortly, and we pray that this never happens again to anyone else.”
Cuban President Raul Castro has said that rooting out rampant corruption is one of the country’s most important challenges. Foreign business people have long considered payoffs ranging from a free meal to cash deposits in overseas accounts to be an unavoidable cost of doing business in Cuba. The Tokmakjian Group maintains it has never participated in any corrupt practice.
More than 150 foreign business people and dozens of small South American and European companies have been kicked out of the country under the anti-graft drive. Several dozen defendants have ended up in jail, including a few foreigners and high government officials accused of influence-peddling and taking bribes.
Such cases, and questions about their fairness, have chilled many current and potential investors in Cuba, which is trying to attract foreign capital to jumpstart the stagnant economy.
Cuba’s judicial system is known for speedy proceedings behind closed doors with little or no media access. Cuban officials have said little about the Tokmakjian case beyond announcing last year that the Tokmakjian Group’s operating licence had been rescinded due to unspecified actions “that are contrary to the principles and ethics that should characterize commercial activity, and contravene Cuban judicial order.”
Tokmakjian managers Claudio Vetere and Marco Puche got 12- and eight-year sentences respectively, Mr. Hacker said. He said the company’s lawyers were notified of the sentences on Friday.
The Canadian company said its president had been allowed to call only four of the 18 expert witnesses he wanted to testify.
“The deception taking place in Cuba is beyond imagination,” the company said. “Lack of due process doesn’t begin to describe the travesty of justice.”
The Tokmakjian Group provides both transportation services and engine repairs.