The Provincial Court of Las Tunas accepted the special habeas corpus procedure, filed with legal assistance from Cubalex, on behalf of activists Taimir García, Adrián Góngora, and Damián Hechavarría, who were detained on April 21 after peacefully demonstrating in that eastern city. The court ordered the police to present the detainees at a public hearing.
The public hearing, which aims to clarify the facts, will take place on April 29th at 2:00 pm at the headquarters of said judicial body.
Cubalex celebrates that Jorge Luis García Fajardo, Annia Naomi Cortés, Jesús Canales Romero and Luis Fernández Reyna, judges of the justice body, work with the independence that their positions require, comply with what is established in the law and guarantee due process in this case.
In the more than 10 years that our organization has been assisting clients with this legal recourse, this is the first time a court has complied with domestic regulations and respected international standards. We believe this first step could set a precedent in favor of justice and respect for human rights.
The habeas corpus petition was filed with the court a day after the activists were arrested for protesting a fine imposed on Hechavarría for selling medicinal plant seedlings. The incident was broadcast live on Góngora's Facebook profile and shared on social media with expressions of support for the activists. Hours later, the altercation was covered on Cuban television news. Humberto López described them as "criminals with extremely poor social conduct" and said they would be turned over to the authorities.
Cubalex denounces that such behavior violates the principle of presumption of innocence. ”When it is brought to light, all legal professionals begin to prejudge the case,” explains lawyer Giselle Morfi.
“Furthermore, most of the time, due to the inefficiency of the Central Registry of Sanctioned Persons, they do not cancel the records when it is due, and they also release them incorrectly.”.
The specialist adds that it also leads to confusion and parallel judgments regarding criminal records because fines are issued that don't leave a record, and people assume they do, thus increasing their criminal history, often without actually having one. “This undermines another important principle, which is the social reintegration of the offender. Imagine, after everyone has seen them under a magnifying glass as a criminal, how they then revert to their previous state before the publicity, even if they are tried and acquitted. It's also unethical for media professionals to participate in this,” the lawyer concludes.
With some 30 habeas corpus petitions filed by Cubalex with the country's judicial bodies between January and March 2021, this is not the first time a court has granted the request, which is enshrined in Article 96 of the Cuban Constitution and in accordance with the provisions of the Law of Criminal Procedure. On February 3, activist Hanoi Morán Dime was released after the Havana Provincial Court considered the habeas corpus petition drafted by Cubalex. However, on that occasion, the judges did not clarify the circumstances of the request nor did they require a public hearing, as stipulated by law.