Summary
Henry Constantin has been detained for a week in Villa María Luisa, Camagüey, under a supposed provisional detention measure.
Her lawyer has not been able to access the file or formally learn the charges against her.
Constantin has not been allowed family calls or visits and has only been seen once by his defense team.
The independent journalist Henry Constantin, director of the media The Hour of Cuba, He has been detained for a week without effective legal guarantees and under an alleged measure of provisional detention which, so far, his defense has not been able to review in writing.
Constantin was arrested on September 16th after responding to a summons from Cuban authorities. The journalist appeared at the designated station, and his last known communication with colleagues occurred around [time missing]. 8:48 am. He was later transferred to Villa María Luisa, headquarters of State Security located in Camagüey, where he currently remains.
Sources close to the case confirmed to Cubalex that, since his arrest, Constantin He has not been allowed calls or visits. His lawyer was only able to see him once. So far, only essential items have been delivered to the establishment for the journalist.
The situation of his defense has also been marked by obstacles. Last Thursday, the independent journalist Alejandra García, Constantin's partner, attended a scheduled meeting at Villa Marista with the case's investigator, identified as John Paul, But he couldn't locate him. Another officer informed him that the journalist was being investigated for failing to appear in response to a summons. September 9 at the Directorate of Identification, Immigration and Foreigners, during the established hours.
However, Constantin's lawyer has not had access to the file, Therefore, he has not yet been able to formally learn about the facts and crimes that the authorities are charging him with, nor review the actions taken within the process.
Last Friday also saw a new obstacle to accessing justice. A custodian at the Camagüey Provincial Court reported that There were no judges or legal personnel available to receive a habeas corpus petition filed on behalf of Constantin. According to the official, Fridays were designated for a supposed "change of duties" at workplaces across the country, and for that reason, the process would have to wait until Monday.
This type of obstruction of access to justice has already been documented by Cubalex as part of the patterns of repression in Cuba.
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Finally, on Monday, September 21, the habeas corpus petition was filed with the Provincial Court. That same day, the lawyer managed to see the case's investigator, who confirmed that the The provisional detention order for the alleged crime of disobedience had already been approved and that the file would be sent to the Prosecutor's Office.
However, the defense still has not received access to the file or a formal copy of the resolution ordering the precautionary measure.
Pretrial detention, lack of legal protection, and violations of due process
The information that has come to light confirms a number of human rights violations.
Firstly, it is important to highlight the use of the Pretrial detention as a form of punishment and mental torture to break the journalist. The measure, as established by both domestic legislation and international standards, is exceptional. Its imposition should only be based on the need to ensure that the accused does not evade or obstruct the criminal process, circumstances that are not present in this case.
In addition to this failure to comply with the procedural terms for the imposition of the measure, which must be ordered by the Prosecutor's Office within a maximum of seven days. It is necessary to clarify that it is not sufficient for the investigating officer to verbally inform the lawyer of the alleged approval of the measure. This must be notified in writing by means of a verbatim copy of the resolution, as this is the legally established form for communications within a criminal proceeding.
This element also transcends the right to due process, as it allows the defense appeal any decisions that he or she considers harmful to the rights of the accused in the different stages of the process.
Similarly, a marked violation of due process regarding access to the proceedings assisted by one's lawyer or by oneself, From the moment the competent authority formally charges him. This should have occurred after the first 24 hours, as it constitutes the legal means to keep him detained.
In general, one can appreciate a systematic violation of their rights to defense, to legal protection of their rights and to due process. Furthermore, the treatment he is undergoing constitutes, in itself, a form of torture, at least psychological abuse expressly prohibited by both the national Constitution and international human rights standards.
The lack of communication with family members, the restriction of visits, the lack of effective access for the defense to the case file, the uncertainty about the charges, and the obstruction of resources intended to control the legality of the detention create a scenario of defenselessness incompatible with the minimum guarantees that must govern any criminal process.