Cubalex has received numerous complaints from families reporting how some lawyers in Cuba are spreading misinformation and discouraging them from filing habeas corpus petitions in cases of arbitrary detention. In many instances, this behavior stems from pressure, threats, and coercion exerted by State Security, or even from direct collaboration with this repressive body. These practices perpetuate impunity and deepen distrust in the judicial system.
In Cuba, lawyers are not independent, as they can only practice through the Collective Law Firms organization, controlled by the Ministry of Justice and subordinate to the executive branch. This structure limits their autonomy and restricts victims' right to freely choose their legal representative, leaving citizens without independent alternatives within the country.
Arbitrary arrests and enforced disappearances are often accompanied by torture and ill-treatment, including prolonged incommunicado detention, isolation, and physical and psychological abuse. These violations not only affect the detainees but also exacerbate the uncertainty and suffering of their families, who do not know the whereabouts or condition of their loved ones.
Habeas corpus is a fundamental legal tool for challenging the legality of arrests and protecting the rights to liberty and personal security. It also allows for transparency regarding the detainee's situation and compels judges to provide key information that authorities often conceal, such as the reason for the arrest, the alleged crime, the case number, the pretrial detention order, and the names of the investigating officer and prosecutor in charge of the case. This information is essential for families to subsequently hire a lawyer. It is important to note that this remedy can be filed by the individual themselves, without the need for legal representation.
The Committee against Torture (CAT) has expressed its concern about the lack of independence of lawyers in Cuba and the restrictions on the application of habeas corpus. These limitations facilitate abuses such as torture and ill-treatment by preventing detainees from challenging the legality of their detention.
At Cubalex, we emphasize the importance of filing a habeas corpus petition as soon as possible if a family member is detained. We offer assistance with drafting and filing it. Let's not allow fear to stop the pursuit of justice.