Luis Barrios Díaz died on November 19th at the age of 37, a victim of negligence by prison authorities in Cuba. He was serving a six-year sentence in prison 1580, located in the San Miguel del Padrón municipality of Havana, for his participation in the protests of July 11, 2021.
During a visit to the prison, his friends noticed a significant decline in his health. Although his transfer to the "Miguel Enríquez" Clinical Surgical Teaching Hospital was recommended due to advanced bronchopneumonia, he was not admitted because of resource shortages at that medical center, including transportation problems caused by fuel shortages and a lack of antibiotics.
Concerned about her brother's critical condition, Aurora Ansaldo Díaz contacted two officials at prison 1580 to request antibiotics and an immediate transfer to a hospital. Captain "Gerardo" reported that the medication was unavailable at the prison, while Lieutenant "Diosbi" downplayed the severity, stating that the inmate was not in poor condition and was improving.
Due to the complicated condition he suffered from, Barrios Díaz underwent surgery at the "Dr. Salvador Allende" Clinical Surgical Teaching Hospital, popularly known as La Covadonga, with the aim of draining fluid from his lungs.
Carlos Hernández, brother-in-law of Luis Barrios Díaz, denounced It was at the hospital where the authorities decided to process a three-month leave of absence for health reasons. However, due to the advanced pneumonia he was suffering from, and without proper medical treatment, the young man sadly died from respiratory arrest.
This case highlights the devastating consequences of medical resource shortages and negligence within the country's prison system—deplorable situations that can lead to fatal outcomes. The actions of the prison authorities flagrantly violate prisoners' right to the same standards of healthcare available to the general public and the obligation to facilitate access to medical care for prisoners in emergencies by transferring them to specialized centers and civilian hospitals, as established in Rules 24 and 27, respectively, of the International Criminal Court. United Nations Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules.
The family of Luis Barrios Díaz maintains that his death could have been prevented and holds prison and medical authorities responsible for failing to provide him with timely and adequate medical care. The authorities' actions demonstrate a marked lack of commitment to guaranteeing the rights of inmates and highlight the deficient management of healthcare within the prison system, as well as the lack of essential medical supplies to ensure access to healthcare for those deprived of their liberty, which in this case resulted in a fatal outcome.
9 years in prison for the 11J protests
At the time of his sentencing, Luis Barrios Díaz was 34 years old and lived in the Párraga neighborhood, Arroyo Naranjo municipality, in Havana. He was detained and tried on January 12, 2022, for participating in a demonstration on July 11, 2021.
According to the judges, the demonstration, involving approximately 60 people, was intended to disrupt public peace and social order. The report provides a detailed account of the demonstration in Arroyo Naranjo, Havana province. The gathering began on Pasaje Raúl Street, and the participants marched from there to Calixto García Street in the Párraga neighborhood. The protest apparently remained confined to this specific area and did not spread to other parts of the municipality.
The judges do not specify the total duration of the events, but mention that the gathering of protesters began at about 3:30 p.m. on July 11, 2021.
During the demonstration, some of the accused incited the crowd to join in and insulted President Miguel Díaz-Canel Bermúdez. A physical altercation with local authorities also broke out, resulting in injuries. Omar Menelao García Criolla, president of the Párraga People's Council, worked to control the crowd. Yancel De Armas Bes, a member of the PCC Municipal Bureau in Arroyo Naranjo, also participated in managing the situation. De Armas Bes intervened when he saw García Criolla being beaten, attempting to protect him. In the process, De Armas Bes was assaulted.
Yancel De Armas Bes, member of the PCC municipal bureau in Arroyo Naranjo.
García Criolla and De Armas Bes were present at the scene to maintain order. Although it remains unclear who assigned them this task, their purpose was to obstruct the advance of the protesters, a function emphasized by the judges on several occasions during the ruling. This situation led to a confrontation between De Armas Bes and the protesters.
These actions constitute a violation of the obligation to promote the exercise of the right to peaceful protest, without unjustified interference by the State, established in General Comment 37 of the Human Rights Committee.
According to the ruling, Luis Barrios Díaz pursued and physically assaulted official Yancel De Armas Bes, who suffered facial and body injuries that did not require medical treatment. As a result, Barrios Díaz faced charges of public disorder and assault. The Public Prosecutor's Office identified aggravating circumstances, including recidivism, and requested a five-year sentence for assault and a four-year sentence for public disorder, for a total of ten years in prison, along with additional penalties such as the deprivation of certain rights and travel restrictions.
Barrios Díaz had the opportunity to testify in his case and answer questions. He partially acknowledged his participation in the events being judged, implying that he admitted some degree of involvement in the circumstances discussed at trial. Despite this partial admission, Barrios Díaz denied any connection to the riots, as the Court characterized them, and maintained that he only intervened when he saw Raúl Hermida being beaten by García Criolla and De Armas Bes. He asserted that, along with others, he chased De Armas Bes and returned the blow he had struck Hermida. Regarding the claim that Raúl Hermida was beaten by these two officials, the text does not indicate that the Court specifically addressed this matter. In fact, the judgment seems to focus more on the actions of the defendants than on those of Raúl Hermida's alleged assailants.
Yancel De Armas Bes gave his testimony, and a live identification procedure was used, in which he identified the defendants as the protesters and aggressors. Furthermore, the identification of Luis Barrios Díaz was confirmed through the playback of a video attached to the case file. Reference is also made to an “Illustrated Forensic Technical Report,” which, through illustrative tables, helped visualize the sequence of events and identify the protesters. Regarding the video, the judges did not offer a detailed description of its content. They omitted whether the video was played during the oral proceedings and never confirmed whether the video showed the exact moment when Luis Barrios Díaz struck Yancel De Armas Bes. Additionally, Lázaro Julián García Matamoros, an eyewitness, identified Luis Barrios Díaz, along with other defendants, as participants in the riots and as aggressors against Yancel De Armas. The judges also did not specify his occupation or why he was present at the scene.
On the other hand, the evidence presented by Barrios Díaz's defense was dismissed. This included a letter attesting to his previous employment and a video unrelated to the protests. The reason given for this decision was that the video's content was unrelated to the alleged events; however, the judges did not provide a detailed explanation for excluding the video. Nor did they offer a specific description of the video's content to clarify why it was deemed irrelevant to the case.
Finally, the Court concluded that Barrios Díaz was responsible for joining a group of people who were protesting against the revolutionary process and President Díaz-Canel. He was sentenced to four years' imprisonment for public disorder and eight years' imprisonment for attempted murder. As a single, combined sentence, he was given a total of nine years' imprisonment.
In addition to the criminal penalty, he was given accessory sanctions of deprivation of rights, including the right to vote and to be elected, as well as the right to hold public office in state-owned economic units and mass and social organizations. He was also legally prohibited from obtaining a passport and from leaving the country for the period required to extinguish his criminal liability.
Judgment:
Deaths in state custody
Between 2022 and 2023, Cubalex recorded a total of 23 deaths in custody in Cuban prisons. Examining these incidents reveals troubling patterns that shed light on prison conditions and the treatment of prisoners. A recurring problem is medical negligence and a lack of adequate care for inmates. This pattern is reflected in several deaths that could have been prevented with timely medical attention and proper management of existing health conditions. The cases of Luis Alexis Hernández, Jeankarlos López López y Antonio Ray Díaz Legrá These are notable examples of this problem. Likewise, situations of Rafael Mojena Jerez y Fernando García Consuegra They demonstrate the lack of necessary medical treatment in certain circumstances.
In addition, there have been reports of suicides or deaths under unclear or suspicious circumstances. This trend could indicate underlying problems such as inadequate living conditions, lack of psychological support, and possible abuse within prison facilities. The cases of José Luis Cárdenas, Christopher O'Brien Bernard y Franklin Dominguez These are examples of this pattern. Deaths directly linked to hunger strikes have also been documented, reflecting protests against prison conditions or unfavorable court decisions. Among the most prominent cases are those of Fidencio Pérez Diéguez y Andy Reyes Cruz.
Evidence of violence and mistreatment has also been observed, both by other inmates and by prison guards. Cases of Ulices Claro Peña y Yessica Torres Toledo They also provide evidence of a hostile and dangerous environment within prisons. Finally, a geographical and temporal concentration of these events has been observed in specific provinces such as Havana, Pinar del Río, and Granma. These patterns reveal serious problems in the Cuban prison system, ranging from medical negligence to deficient living conditions, including violence and a lack of adequate attention to the fundamental needs and rights of inmates.