On December 19, Cubalex lawyer Julio Ferrer Tamayo filed a new demand to the Constitutional Rights Protection Chamber, this time to that of the Supreme People's Court (TSP), formally constituted September 1, 2022. 

According to the document submitted, the annulment of the proceedings of the Chamber of the Provincial People's Court of Havana, presided over by Liena Pérez Cuenca, while requesting the restoration of the violated legality and the guarantee of his right to enjoy due process and access to an independent and impartial court. 

Previously, the Constitutional Rights Protection Chamber of the Havana Provincial Court committed serious violations of the procedure established in national legislation. September 5, 2022 the jurist had presented another lawsuit to the same Chamber requesting protection of free movement, on the occasion of his arbitrary prohibition of leaving the country, a right illegitimately restricted by the dependency of the Ministry of the Interior (MININT).  

The legal appeal was not processed expeditiously as required in the grounds of the Law No. 153 On the Process of Protection of Constitutional Rights, in force since July 15, 2022.

That is why Ferrer Tamayo had to lead a written prior to Yojanier Sierra Infante, The president of the Havana Court requested that the Chamber rule on the appeals previously filed. Although he received a response from the judicial body, all his requests were denied. 

First, the lawsuit of October 3, 2022 against the Directorate of Identification, Immigration and Foreigners of the Ministry of the Interior and Terminal 3 of the “José Martí” International Airport was declared inadmissible. 

That same day, Ferrer Tamayo solicitous the recusal (rejected in November) of one of the members of the judicial chamber for lack of impartiality, where Judge Magdeline Despaigne Felipe had intervened in other matters presented by the lawyer to that court, such as the demand which filed against the Minister of Foreign Affairs in 2018, which was also declared inadmissible. 

Despite the arguments presented by the jurist, his petition was also declared inadmissible in the answer issued by the Havana Court on November 21, 2022, and again denied their right to an impartial and independent tribunal. The tribunal was composed of four of the five judges required by Article 21 of the  Law No. 140 “On the Courts of Justice”.

Trying to explain the omissions In their decision, the judges used as an argument the Criminal Procedure Law, repealed by Law 143 of 2021. “It is inadmissible that these judges of the provincial instance of the capital of the country have not even read, at least out of curiosity, Law No. 153 of May 15, 2022 “On the Process of Protection of Constitutional Rights, since if they had read it they would have noticed its article 4”, denounced the lawyer on his social media.  

On October 23, 2019, an immigration officer at José Martí International Airport notified Ferrer Tamayo that he could not leave the country. This official subsequently requested the presence of Major Ihosvany Fuentes Coll, who verbally reiterated that the lawyer was "regulated," without explaining why.

To this day, Cuban authorities continue to fail to provide an effective legal response to this travel ban which has fallen on the jurist since 2019.

The lawyer claims that the judges have intentionally violated the due process guarantees e disrespected legal formalities established, leaving it consciously in total state of defenselessness.

According to the document filed on December 19, judicial officials obstructed any possibility of establishing an impartial tribunal to protect their legitimate rights and interests.

According to Ferrer Tamayo's assessments, the judges involved should be subject to disciplinary action for "unjustifiably and repeatedly failing to comply with the regulations in the processing and resolution of the matters under their responsibility," as provided by the Law of the Courts of Justice adopted in 2022. 

He concludes his arguments by referring to a text by Lic. Alberto Martínez Álvarez, Professional Judge of the Provincial People's Court of Holguín, who indicates that judicial corruption is "the transgressive conduct of the Law carried out by those authorities who are involved in the administration of justice, in the exercise of their functions, issuing resolutions in which they prevaricate with respect to the decisions that rightfully correspond.". 

The lack of independence and impartiality of Cuban courts has been a concern for international human rights organizations. The Committee against Torture in the 2012 and in the 2022 He expressed concern about the lack of significant changes in the justice system, in relation to the lack of independence of the executive and legislative branches. 

The IACHR has repeatedly stated has addressed Their reports highlight the lack of minimum judicial guarantees of due process in Cuba. 2020 report, The organization stated that in the country there is no legal or political basis that allows for the real independence of the administration of justice, thus affecting one of the essential conditions for the effective enforcement of human rights.