The trial against seven members of the organization Cuba First, detained for more than two years, has been set for the next June 30 and will be held at the Provincial Prison The Typical, in the province of Las Tunas, where the accused remain in custody.
The court's decision comes as the prosecution seeks sentences of up to nine years of deprivation of liberty.
The prosecutor's request states nine years in prison for Javier Reyes Peña; eight years for Guillermo Carralero López and Adisbel Mendoza Barroso; seven years for Pedro Carlos Camacho Ochoa, Carlos Manuel Santiesteban Saavedra and Enrique González Infante; and six years for Maikel Hill Ramírez.
It is worth noting that another of those prosecuted in this case, Carlos Alberto McDonald Ennis, He was released from prison released on bail during the month of June due to the serious deterioration of his health.
Prior to the holding of the trial —which has been postponed on several occasions—the political prisoners Javier Reyes Peña y Pedro Carlos Camacho Ochoa, They were transferred to punishment cells under the pretext of alleged "security measures," a practice that raises concerns about the treatment they received and the conditions under which they will face trial.
A trial held inside a prison is, in practice, equivalent to a closed-door trial.
The court's decision to hold the hearing inside the prison, citing alleged fuel limitations for transporting the defendants, constitutes a measure incompatible with the guarantees of due process.
According to Cubalex, holding a trial inside a prison has the effect of preventing access by citizens, independent observers, and family members., effectively turning it into a closed-door trial and violating the principle of publicity that governs the criminal process.
The Law of Criminal Procedure It establishes that no person may be tried except through an adversarial, oral, and public procedure. This principle is also enshrined in the Law of the Courts of Justice, which stipulates that judicial acts are public by nature and of mandatory compliance.
The organization warns that the justification offered by the court—the lack of fuel—does not constitute a legal reason to restrict public access to the trial. Cuban law only permits limiting public access in exceptional circumstances related to national security, morality, public order, or the protection of victims, none of which apply in this case.
The court is failing in its duty to guarantee a transparent process
Although the law allows courts to hold proceedings outside their headquarters when appropriate, this does not exempt them from guarantee the effective exercise of the procedural rights of the accused or preserve the public nature of the trial.
Cubalex points out that the legal system itself contemplates alternatives, such as the use of technological means, which would allow the process to be carried out without sacrificing the publicity of the debate.
By preventing public access, the court fails to fulfill its obligation to protect the procedural guarantees of the accused and violates the principle of transparency that should govern the administration of justice, depriving society of the necessary scrutiny of the actions of the judicial authorities.
Given this situation, Cubalex demands that the trial be held with full respect for the procedural guarantees recognized in Cuban legislation and international human rights standards.
The organization also claims the cessation of the criminalization of the exercise of fundamental rights and the use of criminal proceedings that unduly restrict guarantees of the accused persons, preventing the effective exercise of their right to a public, transparent and impartial trial.