Summary
The pastor has been detained since October 2 at the State Security headquarters, accused of an alleged crime of propaganda against the constitutional order.
He was arrested after appearing in front of the Capitol building in Havana with signs that read "Down with the Dictatorship" and "No more absurd political discrimination.".
The charge is based on a criminal offense whose ambiguity may facilitate the criminalization of critical expressions against political power.
Cuban pastor Ariel Limias Leiva has been detained for over a week at Villa Marista, the headquarters of State Security in Havana, after publicly denouncing the dictatorship and political discrimination on the island. Authorities opened a criminal case against him for the alleged crime of propaganda against the constitutional order, a figure contemplated in the Cuban Penal Code that raises serious compatibility problems with the guarantees of freedom of expression.
Limias Leiva, 53, was arrested on October 2, after walking from Monte Street to the Capitol Building in Havana with posters that contained the messages "Down with the Dictatorship" and "No more absurd political discrimination".
Initially, he was taken to the Dragones police station in Old Havana, where he spent the night under interrogation. The following day, State Security agents transferred him to Villa Marista, where he remains detained. in solitary confinement.
His wife, Yulia Morales Zamora, confirmed that the Criminal Investigation officers informed them about the investigation and the charges against him for the alleged crime of propaganda against the constitutional order. As of now, the pastor is not allowed to receive phone calls and remains under investigation.
The family also received medical information about his health. According to Morales Zamora, a doctor informed them that the pastor was stable, with his blood pressure under control, and receiving his medication.
Criminalization of the exercise of freedom of expression
The arrest of Limias Leiva occurred after a peaceful demonstration in which political messages were displayed. The use of a criminal charge to investigate these expressions raises questions about respect for freedom of expression and the right to peaceful protest.
Article 124 of the 2022 Cuban Penal Code, Law No. 151, defines the crime of propaganda against the constitutional order. Cubalex has warned about the broad scope of this provision and the lack of precision in its terms, which It can allow for broad interpretations to persecute opinions and criticisms against the political system.
In a legal analysis published this year, Cubalex pointed out that the crime retains a "dangerous legal ambiguity," because the normative formulation does not clearly define what conduct constitutes incitement or what content can be considered propaganda.
This lack of precision compromises the principle of legality in criminal law, which requires that crimes be clearly and predictably defined so that people can know what behaviors are prohibited and avoid the arbitrary application of the law.
The existence of a criminal provision does not in itself legitimize its application to political expression. The State must demonstrate that the attributed conduct meets the specific elements of the crime and that any restriction of rights complies with the requirements of legality, necessity, and proportionality.
Criticism of institutions, questioning of the political system, and the expression of opinions contrary to the government fall within the scope protected by freedom of expression. Their critical content, in and of itself, does not constitute sufficient justification for imposing a criminal penalty.
Incommunicado detention and guarantees against arrest
Limias Leiva's continued stay at Villa Marista, along with the communication restrictions reported by his family, It raises concerns about the guarantees available to him to exercise his right to defense.
Every person detained must be informed of the reasons for their deprivation of liberty and the charges against them, have effective access to legal assistance, and be able to challenge the legality of their detention before an independent and impartial judicial authority. The necessary conditions for protecting their physical and mental integrity must also be guaranteed.
Prolonged incommunicado detention can increase the vulnerability of a detainee, especially when they are in the custody of state security agencies. Restrictions on contact with family members and lawyers must be assessed in accordance with Cuba's international human rights obligations and cannot be used to impede the effective exercise of the right to a defense.
History of politically motivated harassment
This current arrest is not the first such incident Limias Leiva has faced. According to his wife, in 2021, after the July 11 protests, the pastor took to the streets of Havana with a sign that read "Freedom." On that occasion, he was also arrested and subsequently fined.
Limias Leiva and his wife are Christian pastors affiliated with the Pentecostal Church and the Assemblies of God. He also works as a painter and sells his artwork at the San José Fair.
Cubalex warns that the use of criminal law to respond to critical expressions can have a chilling effect on other people who wish to express their opinions, denounce political discrimination, or question the decisions of those in power.
The organization demands that Ariel Limias Leiva's procedural guarantees be respected, that the circumstances of his arrest be clarified, and that it be guaranteed that no person is criminally prosecuted for peacefully exercising their fundamental rights.
The investigation must be subject to effective legality controls and respect the principles of judicial independence, presumption of innocence, and protection against arbitrary deprivation of liberty.