The case of Sady Reynaldo Companioni This demonstrates how, in Cuba, the exercise of fundamental rights can become grounds for persecution when citizens' demands challenge the actions of the authorities. The woman, a resident of Lawton, in the Diez de Octubre municipality, was arrested On August 28, after publicly denouncing the lack of water and electricity in her community and pointing out alleged acts of corruption by a delegate of the People's Power.
The authorities released almost a week later, on September 2, claiming that the Prosecutor's Office "modified its precautionary measure".
Reynaldo Companioni was transferred the following day to VIVAC, a detention center in Havana. Her arrest was not an isolated incident. Since the beginning of August, the Pressure from the authorities against her had increased after she led peaceful demonstrations to demand basic services. The mother reported that she had been without water or electricity for 15 days, a situation that led her to complain directly to the authorities of her community.
In the weeks leading up to his arrest, the actions against Reynaldo Companioni escalated from the threats until measures designed to prevent him from even accessing water. On two occasions, authorities placed a water truck on a corner near her home to supply water to the neighbors, but she was prevented from taking any. According to police officers, she couldn't because she had "caused a disturbance" and made "people nervous.".
The incident reflects the extent to which a demand for essential living conditions ended up becoming, for the authorities, a matter of control and discipline. The woman was also threatened with arrest and beating if she recorded or photographed what happened.
The case of Sady Reynaldo Companioni thus allows us to examine how a protest motivated by basic needs can lead to a process of criminalization and reprisals by the Cuban authorities.
Despite his release, state harassment has not ended and irregularities continue. The following analysis examines the case within the applicable legal framework and the Cuban state's human rights obligations.
Legal analysis and arbitrary actions in the case
Sady was transferred to the detention center known as the VIVAC on August 29. Her family was denied her case number, preventing them from hiring a lawyer for her defense. Furthermore, she was not allowed to see her family until 72 hours after her arrest.
Furthermore, detention center authorities refused to provide Sady with the medication she has been taking for 15 years to treat Borderline Personality Disorder and Psychomotor Arousal Disorder, demanding a medical certificate that was impossible to obtain over the weekend. Sady went more than 96 hours without her psychiatric medication.
The document outlines a catalog of serious violations of the detainee's fundamental rights:
- Violations of Due Process and Defense: Articles 92 and 95 of the National Constitution, as well as Article 9 of the International Covenant on Civil and Political Rights (ICCPR), were violated by denying her immediate legal assistance, concealing the data in her file, and keeping her incommunicado.
- Right to Health and Cruel Treatment: The denial of his psychiatric treatment violates his right to health (Article 72 of the Constitution and Article 12 of the International Covenant on Economic, Social and Cultural Rights). This deprivation is characterized in the complaint as a form of mental torture and cruel, inhuman, and degrading treatment, prohibited by Article 51 of the Constitution, Article 7 of the ICCPR, and in contravention of the warnings issued by the Committee against Torture (CAT) regarding detentions in Cuba.
- Freedom of Expression: Their right to complain and to freedom of expression was criminalized, violating Articles 54 and 61 of the Cuban Constitution and Article 19 of the ICCPR.
The case is particularly serious due to the violation of Best Interests of the Child, enshrined in Article 86 of the National Constitution and Article 3 of the Convention on the Rights of the Child. Sady is the mother of a minor daughter, who is the person most indirectly affected by this process.
The psychological repercussions of this series of rapes are alarming in two ways:
- For the mother: Suffering from Borderline Personality Disorder and Psychomotor Arousal Disorder, the abrupt discontinuation of her medication for more than four days places her in a situation of extreme vulnerability. This mental distress can trigger severe crises, psychiatric decompensation, and long-term consequences for her mental health.
- For the minor daughter: The abrupt, violent, and arbitrary separation from her mother, coupled with prior harassment at home, has subjected the girl to severe psychological trauma. Far from protecting children, the State is causing incalculable emotional harm by depriving her of her primary caregiver and attachment figure through a process characterized by deception and coercion.
Violations after his release from prison
After her release, the Cuban mother had to appear before the police authorities.There he was informed that he had to go and sign in every Monday and Friday, and that "he would most likely be fined."“, But everything would depend on “how they perceived her behavior.” This is a direct threat to coerce her, silence her, and prevent her from exercising her right to freedom of expression and from denouncing human rights violations occurring in her community.
- Absence of Formal Resolution: The precautionary measure was not formally served upon him. This constitutes a direct violation of Article 51 of the Criminal Procedure Law, which establishes that all decisions of the authority acting in the proceedings are adopted by means of a resolution. Likewise, Articles 66 and 67 of the same law are violated, which require that the parties be notified on the same day (or the following day) by delivering a verbatim copy of the decision.
- Concealment of File: The refusal to provide him with legal information about the process continues. He was only given a "complaint number," withholding from him the case number for the Preliminary Phase, the exact crime he is charged with, and the name of the investigating judge in charge.
Having detained her for six days, the authorities were legally obligated to initiate a Preliminary Investigation. According to Article 158 of the Criminal Procedure Law, When there is a detainee, the instructor has a strict deadline of 72 hours to initiate said file, decide to archive the complaint or its referral due to lack of competence.
The refusal to provide the relevant information perpetuates the violation of due process. This lack of transparency maintains obstacles to Sady's right to a defense and effective legal protection, as it prevents him from accessing the case file, hiring legal counsel, appealing adverse rulings, submitting evidence, requesting the exclusion of illegally obtained evidence, or demanding the annulment of proceedings.
Following the systematic denial of information regarding his case by the police, on September 7, Reynaldo Companioni appeared at the Guanabacoa Municipal Prosecutor's Office to To file a complaint and request for information, This action was based on Article 61 of the National Constitution. It is important to note that this article recognizes the fundamental right of citizens to submit complaints and petitions to the authorities, and the obligation of these authorities to process them and provide timely, relevant, and substantiated responses within the timeframe and according to the procedure established by law. Contrary to this, the institution refused to accept the appeal, disclaiming responsibility for the situation by supposedly attending to 'other cases,' and recommending that she continue demanding the information at the Aguilera police station itself. Furthermore, they verbally informed her that she should not have a case number because the defamation complaint was not sufficient to open a preliminary investigation.
In addition to the response provided by the Guanabacoa Municipal Prosecutor's Office, it is important to note that At no time has Sady been notified by resolution of the imposition of said precautionary measure, proceeding contrary to what is established in the Law of Criminal Procedure, which establishes that all decisions in the criminal process are adopted by resolution and this is notified to the parties by means of a literal copy of the same.
The fact that it is the Prosecutor's Office that refuses to accept a constitutionally established appeal, Furthermore, it provides an answer that does not reflect reality, highlighting the vulnerability and legal insecurity to which any citizen in Cuba is subjected.
It is important to note that on September 1st, a special Habeas Corpus procedure was presented before the Provincial Court of Havana, which, after seven days, has not been answered, when the legal term to pronounce is three days, demonstrating the lack of rule of law and the total disrespect for national and international legislation.
These actions must be analyzed not only from the perspective of the state's response to a person demanding public services, but also from the perspective of the rights that may be involved: freedom of expression, the right to peaceful assembly and demonstration, access to essential services, the best interests of children, as well as guarantees against arbitrary detention and ill-treatment.