Cubalex warns of violations of due process in the processing of the extra-penal license for health reasons requested in favor of the political prisoner Yosvany Rosell García Caso, held in the Holguín Provincial Prison.
On December 22, Mailín Sánchez, wife of Yosvany Rosell García Caso, formally submitted a request for extra-penal leave to the Holguín Provincial People's Court due to the delicate state of health of the political prisoner, who was recently in danger of death after a 40-day hunger strike.
Court's refusal to issue an acknowledgment of receipt
During the filing of the document, court staff refused to sign the copy of the application, preventing the issuance of an acknowledgment of receipt that would have certified the official filing date. This practice violates minimum due process guarantees, leaving the family legally defenseless and unable to demand compliance with legal deadlines.
“This refusal to provide an official receipt or sign the copy with the filing date is not an oversight, but a calculated maneuver to create a situation of defenselessness. Since there is no document that reliably proves the filing date, the court blocks the family's ability to file a claim or legal appeal once the legally established deadlines have passed.”, Alain Espinosa, Cubalex's lawyer, warned.
The absence of an acknowledgment of receipt allows the court to arbitrarily delay the proceedings, in contravention of the principles of legality, legal certainty, and effective judicial protection. In this regard, the lawyer explains that “Without a legally established start date, the process remains in a legal limbo that allows the court to extend deadlines at will without facing legal consequences.”.
Manipulation of legal deadlines
Another irregularity detected is the incorrect information provided by court officials to the wife of the political prisoner, who was told that the response to the request could take up to 90 days, a statement contrary to current regulations.
According to the Regulations of Law 152 on Criminal Enforcement (Decree-Law 74/2023), The applicable deadlines are clearly different:
- The court must resolve the request in a period of 10 days counted from the receipt of the medical report.
- The medical commission has up to 30 days to issue said opinion, extendable only in exceptional cases.
The imposition of a generic “three-month” deadline as a general rule constitutes an arbitrary and malicious interpretation, aimed at delaying an urgent procedure in a case where the life of a person in state custody is at risk, Espinosa explained.
Illegal demands and revictimization of the family
The court demanded that the political prisoner's wife present the medical summary, even though prison authorities have repeatedly refused to hand it over, claiming that it is information exclusively for the judicial authority.
The law stipulates that it is the court's responsibility to request this report from the medical commission. Shifting this burden to the family constitutes a form of revictimization, demonstrates an abuse of state power, and obstructs access to justice.
Violations of the right to healthd
Yosvany Rosell García Caso is serving a 15-year prison sentence for his peaceful participation in the protests of July 11, 2021. During the hunger strike that he held between October 23 and December 1, He was admitted in critical condition to the Lucía Íñiguez Landín Clinical Surgical Hospital in the city of Holguín.
Despite the seriousness of his condition, on December 12 he was returned to the strictest prison regime, without guaranteeing minimum conditions for his recovery or adequate medical follow-up, which again exposed his life and physical integrity to a significant risk.
From that moment on, the family He has been denied access to his medical records Detailed information about his health status has been provided. Hospital officials reported that this documentation would only be available to prison authorities because he is an incarcerated individual, a practice that violates basic standards of the right to health.
During a visit on December 17, his wife confirmed that García Caso remains isolated, without access to information, with poor nutrition and limited access to water, conditions that seriously compromise his recovery after a prolonged hunger strike.
His physical deterioration is evident: he is very pale, visibly thin, and suffering from stomach problems caused by drinking contaminated water. Furthermore, his family was kept in the dark for several days, as they were not allowed to make phone calls after his transfer to prison.
The systematic denial of medical information to patients and their families constitutes a serious human rights violation that directly affects the right to health, personal autonomy, and human dignity. By preventing access to essential information, informed consent is invalidated, a mechanism for protection against potential medical negligence is eliminated, and accountability is obstructed, undermining the transparency indispensable for effective redress and for the protection of the life of the person in state custody.
State responsibility
The documented actions demonstrate a pattern of deliberate noncompliance with legal obligations by judicial and prison authorities, which compromises the responsibility of the Cuban State for failing to guarantee the life, integrity and health of a person in its custody.
Cubalex will continue to document this case and demands that the Holguín Provincial People's Court strictly comply with the law and process Yosvany Rosell García Caso's request for extra-penal license immediately and transparently.