On November 7, 2024, the town of Encrucijada, in Villa Clara province, was the site of a peaceful demonstration protesting the prolonged power outages. Residents took to the streets banging pots and pans as a form of civic expression, without committing any acts of violence or clashing with the authorities. Despite this, the government responded with repression.
On November 8, one day after the protest, special forces known as black berets, Together with military personnel from Santa Clara, they carried out a repressive operation: they violently broke into private homes and arbitrarily arrested several protesters.
Arbitrary and prolonged detentions without judicial guarantees
According to information confirmed by Cubalex, these individuals remain in custody without formal charges or a prosecutorial request. To date, they have not been brought before a judge, nor have they been guaranteed the effective exercise of their right to defense.
People arrested:
1- Rafael Camacho Herrera
2- Rodel Rodríguez Espinosa
3- José Gabriel Barrenechea Chávez
4- Andy Pérez Medero
5- Yandri Torres Quintana
6- Rasiel Cárdenas Pérez
7- Alejandro Morales Pereira
8- Yuniesky Lorences Domínguez
These arrests constitute a form of arbitrary and prolonged imprisonment that violates the principle of presumption of innocence and other fundamental rights. It is a punitive and exemplary measure, with a clear political motivation, intended to discourage the exercise of the right to protest.
Alejandro Morales: sustained repression and torture in prison
Following the November 2024 protests in Encrucijada, Alejandro Morales was subjected to harassment and constant surveillance at his home. The day after the demonstration, agents of the special forces known as the “black berets” surrounded his house and attempted to force their way inside to arrest him, causing property damage.
As a result of the sustained harassment, Alejandro was violently arrested on February 19, 2025, after he peacefully demonstrated in front of the Communist Party headquarters in Encrucijada, demanding the release of people arrested after the November protests.
Alejandro suffers from mental health disorders, a condition that, according to international human rights standards, is incompatible with the prison system. However, the authorities deliberately ignore his medical condition and deny him access to the specialized care he requires. On June 20, 2025, he attempted suicide in his cell.
He is currently being held at La Pendiente prison in Santa Clara, where he has been subjected to systematic abuse and physical mistreatment. According to information confirmed by Cubalex, he was handcuffed inside his cell and brutally beaten by guards. During the assault, they forced him to shout“Fatherland or death”Alexander responded bravely: “Homeland and freedom”. His body was covered in bruises.
Impact on families
The consequences of these arrests have been devastating for the families, who face institutional abandonment, lack of protection, and a total lack of answers and access to justice.
The case of Zoila Chávez, mother of the writer and independent journalist José Gabriel Barrenechea, is especially heartbreaking. Zoila, 84 years old and suffering from serious health problems, died without ever seeing her son again. She died alone, pleading for his freedom, in a context of emotional and state abandonment.
José Gabriel was not only her only son, but also her primary caregiver. His forced absence, after being imprisoned, deprived Zoila of the companionship, affection, and daily support she needed. Her physical and emotional health deteriorated rapidly.
Despite repeated pleas from the family and human rights organizations, the Cuban regime denied her a final meeting with her son. Denying her that moment, under such circumstances, constitutes an act of unnecessary cruelty, an additional punishment that violates the most basic principles of humanity and dignity.
Another serious case is that of Yuniesky Lorences Domínguez, whose family situation is critical: his parents are in delicate health and he has a young daughter who is ill and requires urgent medical attention. His prolonged detention leaves his family completely unprotected.
A systematic repressive pattern
This case is part of a broader pattern of repression in Cuba, where the exercise of the right to peaceful protest is criminalized. Authorities resort to arbitrary arrests, unfair trials, and reprisals as methods of social control. Those arrested and their families face a constant state of vulnerability.
This is not merely an illegal act, but a profound human injustice. The international community, civil society, and human rights organizations must act urgently to bring this situation to light and denounce it.
What does the law say about pretrial detention?
The Criminal Procedure Law (Law 143/2021) does not establish a specific maximum time limit for pretrial detention, creating a legal vacuum that allows for its extended and arbitrary use. This omission creates a scenario of legal insecurity and uncertainty for those deprived of their liberty.
However, the law does state that pretrial detention should be an exceptional measure. Article 356.1 indicates that it can only be imposed if there are sufficient grounds and circumstances such as risk of flight, obstruction of justice, or the seriousness of the alleged crime are present.
Article 356.2 stipulates that, when imposing this measure, factors such as age, health, family circumstances, vulnerability, and other personal circumstances must be considered. Furthermore, this measure must be reviewed periodically.
Article 363.2 stipulates that, after one year of pretrial detention, the court or the prosecutor must expressly decide whether to maintain it. Article 363.1 indicates that if the detention reaches the lower limit of the penalty prescribed for the alleged offense, it must be replaced by a less restrictive measure.
Is it legal to keep a person detained for more than seven months without a trial?
Although Cuban law does not establish a fixed time limit, keeping a person in pretrial detention for more than seven months without formal charges or specific judicial oversight constitutes a violation of fundamental rights, especially if there is no reasoned, individualized, and periodically reviewed justification.
Article 9.3 of the International Covenant on Civil and Political Rights (ICCPR) states that everyone deprived of their liberty must be brought to trial within a reasonable time or released. Pretrial detention should not be the general rule, but the exception.
General Comment No. 35 of the Human Rights Committee indicates that pretrial detention must be reviewed regularly and can become arbitrary if unduly prolonged without trial. It also notes that its continuation must be based on an ongoing assessment of necessity, and that the authorities must demonstrate that it remains reasonable and necessary.
According to these standards, whenever a decision is made to keep a person in pretrial detention, the judicial authority must issue a reasoned, justified, and well-argued ruling. This ruling must demonstrate why the measure remains necessary and why less restrictive alternatives are not applicable. Without such specific justification, pretrial detention loses its exceptional nature and becomes arbitrary.
This situation violates key principles of law:
-The principle of exceptionality
– The principle of reasonableness
– The right to the presumption of innocence
– The right to be tried within a reasonable time
– The right to due process
– The right to personal freedom
– The prohibition of arbitrary detention
Keeping a person in pretrial detention for more than seven months without trial or prosecution, without an individualized judicial decision justifying the need for that measure, constitutes a violation of international standards on personal liberty, due process and presumption of innocence.
Cubalex reiterates that pretrial detention cannot become a form of punishment before trial. Its excessive or prolonged use, without effective judicial oversight, constitutes a form of punishment outside the bounds of legality.