Cubalex expresses concern about the condition of Yosvany Rosell García Caso, a political prisoner from 11J, who was returned on December 12 to the Holguín Provincial Prison, known as Cuba Sí, without the authorities notifying his family beforehand.
According to the information published According to his wife, Mailin Sánchez, on social media, the transfer was rushed, as the opposition leader is still recovering from a 40-day hunger strike.
In recent weeks, García Caso had been hospitalized at the Clinical Surgical Hospital in the aforementioned city. Initially, his hospitalization was due to serious health problems he suffered during a hunger strike that took place between October 23 and [the following day]. December 1st, and then, for his recovery process.
However, he has already been returned to the strictest prison regime.
Furthermore, his wife reported that they have not had access to his medical records or detailed information about his health status, following his prolonged hunger strike.
The response from hospital officials to their complaints was that That information would only be available to prison officials, since he is an inmate.
Impact of the denial of information on the right to health and personal safety
For Cubalex's legal team, the systematic refusal of information constitutes a violation of human rights, which directly clashes with what is expressly guaranteed in Article 53 of the National Constitution and Article 19 of the International Covenant on Civil and Political Rights.
Its violation in the context of health, It takes on greater significance because it is a risk factor for patient safety., and hinders the goal of building healthcare systems centered on the same.
This type of action violates the rights specifically established in the WHO Patient's Charter of Rights for Patient Safety, as it prevents the patient from understanding their condition, treatment options and associated risks, making an appropriate assisted decision and actively participating in the management of their own health.
It is important to note that withholding information disrespects the patient's autonomy and dignity by treating them as a passive object and depriving them of the ability to give truly informed consent for any procedure. Furthermore, it prevents them from monitoring and verifying the procedures, diagnoses, and medications they will receive, which is essential for transparency and safety.
Information is the only way a patient can defend themselves against errors that could directly affect their health, such as discrepancies in dosages, the type of medication, or procedures that do not match their health condition.
The lack of information hinders accountability and prevents patients from exercising their right to be heard and seeking a fair resolution if harm occurs. Without access to records or details of their condition, patients cannot effectively file a complaint or initiate an investigation, which undermines transparency and accountability within the healthcare system.
In conclusion, the Systematic denial of information to the patient constitutes a serious violation of human rights that directly threatens personal safety and the right to health. By preventing patients from understanding their health status and treatment options, their autonomy and dignity are violated, transforming them into passive subjects and preventing them from giving truly informed consent. This practice is not only a risk factor that hinders the development of patient-centered healthcare systems, but it also eliminates the patient's recourse against errors, obstructs accountability, and undermines the transparency necessary to seek a fair resolution in the event of potential harm.
Cubalex expresses its concern for the health and safety of García Caso, as well as the impact on his family. The organization will continue to document his case, alerting the relevant authorities and acting within the framework of national and international advocacy. We reiterate that Yosvany Rosell García Caso's life must be protected.