Official summons delivered to activist Juan Luis Bravo Rodríguez in Guantánamo. Photo: Cubalex Archive.
Why are activists, independent journalists, and opposition figures so frequently cited by State Security agents?
Frequently, many people who are not subject to criminal proceedings, mainly activists, independent journalists, opposition members, and human rights defenders, report on social media that State Security agents summon them by phone calls or after a visit in their homes.
In these cases, summonses are used as a tool to coerce and criminalize fundamental rights such as freedom of opinion, expression, association, and protest. They generally precede interrogations or interviews, where torture and ill-treatment may be used against the individual. Furthermore, they constitute arbitrary detention, as the time the person spends at the police station is considered a short-term detention.
When is a summons considered illegal under the law?
Summonses issued to people for their political opinions are illegal when there is no criminal proceedings against them and/or the official issuing the summons is not duly authorized to do so.
For a summons to be considered legal, it must meet the legally established grounds for issuing it, such as the person having previously committed a possible crime or having witnessed one. Furthermore, the person issuing the summons must be legally authorized to do so.
What makes a subpoena arbitrary?
A summons can also be arbitrary when it fails to comply with all the legal formalities for its issuance and delivery. In Cuba, these formalities are regulated in Article 72 of the Law of Criminal Procedure. Examples include: the issuing authority not including their full name and position, not specifying whether you are a defendant or a witness, or not delivering the summons personally but leaving it with a minor.
Can a subpoena be illegal but not arbitrary, or vice versa?
A summons can be illegal and not arbitrary, it can also be arbitrary but legal, or both.
A summons can be illegal but not arbitrary if it is issued without proper legal authorization but follows all the legal formalities for its delivery. On the other hand, it can be arbitrary but legal if it is issued by a competent authority but fails to comply with all legal formalities, such as not properly specifying the details of the summons. It is also possible for a summons to be both illegal and arbitrary.
What can you do to defend yourself against illegal or arbitrary subpoenas?
1. Keep a record of all acts of harassment you experience. It includes details such as the date, time and place of the notification of the summons, who notified you and reasons why it is possible to declare it null.
2. Personal notification. If the notification is delivered in person, verify that it complies with all legal requirements. If it does not, do not sign or accept it and declare it null and void immediately.
2.1 Take a photo of the document before returning it.
2.2 Ask the person who summoned you for their name and position and verify that it is the same person who appears in the document.
2.3 If he is a uniformed police officer, write down the 5-digit number on the right pocket of his shirt.
3. The telephone notification. If someone calls you to schedule an appointment, ask for their full name, position, and the institution they belong to, and take note of this information.
3.1 Do not accept the summons
3.2 Declare it void at that moment
3.3 Tell him to deliver it to you personally and in writing, complying with all the legal formalities provided for in article 72 of the Criminal Procedure Law.
3.4 Report the illegality and/or arbitrariness of the summons to the Public Prosecutor's Office. The Attorney General's Office has the obligation to ensure strict compliance with the law in all actions of officials involved in the criminal proceedings during the preparatory phase and to guarantee respect for and protection of rights. Exercise the constitutional right to submit complaints and petitions to the authorities and report any illegal and/or arbitrary acts, as well as any crimes committed by the authorities.
Is there a legal deadline for filing a complaint?
Yeah. If you consider a summons to be illegal or arbitrary, you can file a complaint within 3 days of notification or knowledge of it.
What is the legal timeframe for responding to the complaint?
Within 4 days of having submitted it, according to articles 594 and 595 of the Law of Criminal Procedure.
What can I do if the prosecutor's office does not respond to the complaint within the legally established time frame, or if they never do?
You can file a complaint filed with the municipal court for the crime of Prevarication against the prosecutor who knew the case or was supposed to resolve it, for having maliciously delayed it or not having issued the resolution.
What assistance can Cubalex provide you?
Our organization can provide you with legal advice on how to proceed and assist you in drafting your complaint. Send us your account of the events. Contact us at [email protected]
1. Bring two copies of the complaint and demand that one of them be acknowledged (The acknowledgment must include the name, surname and position of the official who attends to you, date, time, place, their signature and the stamp of the institution).
2. If the official does not include this information in the document, ask for it and write it down on the copy of the document that you keep.
3. If you do not receive a response within the legally established timeframe, contact us to report the violation.