In the realm of human rights, every life lost under suspicious circumstances demands a strong response and a thorough investigation by the State. The recent death of Ernesto Figueredo Alarcón, a 23-year-old man, at the hands of a police officer, raises serious concerns about the fulfillment of state obligations in Cuba and underscores the urgent need for a rigorous and transparent investigation.
Ernesto Figueredo Alarcón died last Friday after being shot in the head by a police officer known as “Chucho, El Tirado.” According to reports CubaNet, The incident occurred at Ernesto's house, located in the Rosa La Bayamesa neighborhood, in Bayamo, Granma, while the police officer and the victim were talking alone in a room.
Following the shooting, the young man was admitted to intensive care at the Carlos Manuel de Céspedes Provincial Hospital, where he was diagnosed with brain death and kept alive only by life support. Although the police officer responsible for the shooting was arrested, authorities have not provided detailed information about the case, leaving the family without clear answers. People close to the victim claim the shooting was an accident and allege that the officer had mental health issues, suggesting he was unfit to carry a weapon or perform his duties. Despite these allegations, no official information has been released to confirm or refute these claims.
The lack of transparency and opacity in the handling of the case raises serious concerns about the authorities' actions. This is especially critical given the existence of international obligations and protocols for cases that could represent potentially unlawful deaths, and in particular extrajudicial executions, which states are obligated to uphold.
International human rights law, specifically International Covenant on Civil and Political Rights (ICCPR), Article 6 of the American Convention on Human Rights states that the right to life must be protected by law and that no one shall be arbitrarily deprived of their life. Furthermore, Minnesota Protocol It demands a rigorous investigation of all suspicious deaths to determine whether extrajudicial killings occurred. In this context, the State has the responsibility to thoroughly investigate these deaths, appropriately punish those responsible, and provide transparency and information to the victims' families.
Extrajudicial killings are defined as the arbitrary deprivation of life committed, encouraged, or tolerated by the State, outside the framework of a fair trial and due process. They are characterized by the intentional use of lethal force without legal justification, the absence of a trial or adequate legal process, and the involvement of State agents.
In the case of Ernesto Figueredo Alarcón, several elements suggest the possibility of an extrajudicial execution. First, there is the involvement of a state agent, since he was shot by a police officer, which is a fundamental criterion for considering this type of execution. Furthermore, it must be assessed whether the use of lethal force was intentional and lacked legal justification, considering that no threat or dangerous situation was reported that would warrant it. It has also been suggested that the police officer may have had mental health issues, which would indicate state negligence in the supervision and allocation of weapons. Finally, the shooting occurred outside of any legal process or trial, with no indication that the young man was involved in criminal activities that would justify armed intervention, nor was there any attempt at arrest or proper legal procedure.
It is essential to conduct a thorough investigation to clarify all the details of the incident, including the mental state of the police officer and the precise circumstances of the shooting, in order to reach a definitive conclusion on intent and possible state responsibility.
The lack of transparency and information from the authorities suggests a serious deficiency in fulfilling their obligations to investigate and adequately punish cases of potentially unlawful deaths. It is essential that the Cuban state conduct an investigation in accordance with international standards; otherwise, it would demonstrate complicity, negligence, and a lack of redress for the victims.
References
- United Nations. (1989). Minnesota Protocol for the Investigation of Potentially Unlawful Deaths.
- United Nations. (1979). International Covenant on Civil and Political Rights.
- United Nations. (1990). Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.