Summary
José Elías González Agüero has been detained at the Zapata and C police unit in Havana since October 16.
The activist needs daily medication that he was unable to take with him when he was arrested and is suffering from diarrhea.
The case comes after previous complaints of surveillance and restrictions on his freedom of movement.
Cubalex reports the arrest of Cuban activist José Elías González Agüero, national vice-coordinator of the Union for a Free Cuba Party (PUNCLI) and managing leader of the Emilia Project, who remains detained in the Zapata and C police unit, in Havana, since October 16.
His arrest, the lack of timely access to their medications and the use of an alleged accusation of disobedience They raise concerns about their rights to personal freedom, health, and due process.
On Friday, October 16, two State Security officers arrived at González Agüero's home and arrested him. The activist was taken from his house in patrol car 271D., without giving him time to bring with him the medications he needs to take daily due to his ailments. For several hours his whereabouts were unknown, a situation that constituted a period of enforced disappearance, until it was confirmed that he was being held in the Zapata and C police unit.
The following day, Saturday, October 17, the authorities imposed a bail of 7,000 Cuban pesos on him. However, when a family member went to pay it, they were told they would have to wait until Monday, October 19, because the bank was closed on weekends. The inability to complete the transaction kept González Agüero in custody, while his family continued to lack sufficient information about his situation.
This Monday, October 19, the activist remains detained at the Zapata and C police station. According to reports, he is suffering from diarrhea, and authorities informed him that he would be transferred to a hospital. González Agüero refused and stated that He should have been at home.
The situation is especially worrying because he was arrested without being able to take with him the medication he regularly needs. His refusal to be transferred to a hospital does not exempt the State from its obligation to guarantee him adequate medical care, assess his health status, and facilitate his access to the necessary treatments.
A family member went to the scene on Monday to try to pay the bail. In that context, a State Security officer informed the family that González Agüero has a case pending against him for the alleged crime of "disobedience", because he allegedly failed to appear for previous summonses issued by the authorities.
As of the date of the available information, the circumstances of those summonses and the reasons why their non-appearance would have given rise to a criminal case have not been specified.
The use of the crime of disobedience in Cuba raises serious concerns When used to punish a person's refusal to comply with arbitrary orders or summonses, particularly in contexts of surveillance and harassment of activists, the imposition of police summonses cannot become a mechanism to unjustifiably restrict personal freedom or to punish the exercise of fundamental rights.
When authorities resort to criminal charges without demonstrating specific criminal conduct and a legitimate legal basis, the process can become an instrument of political reprisal. Labeling conduct as disobedience is not, in itself, sufficient to justify an arrest: the principles of legality, necessity, proportionality, and presumption of innocence must be respected.
The arrest comes after González Agüero was arrested in September. denounce He reported that agents of the political police were maintaining a presence at his home. He also stated that officers warned him he could not attend an event at the U.S. Embassy in Havana. This background reinforces concerns about the potentially intimidating nature of the measures taken against him and the use of police and criminal mechanisms to restrict his civic activity.
From a human rights perspective, the Cuban State has the obligation to guarantee that all deprivations of liberty comply with the law, are duly justified, and can be challenged before an independent and impartial judicial authority. Likewise, it must promptly inform the detainee and their family of the reasons for the detention, guarantee access to legal counsel, and ensure conditions of confinement compatible with human dignity. Medical care and access to necessary medications cannot be conditioned on the will of the authorities nor used as a means of coercion.
Cubalex demands that the authorities provide transparent information regarding the legal status of José Elías González Agüero, guarantee his immediate access to medication and a proper medical evaluation, and respect his rights to due process and defense. It also demands an investigation into the circumstances of his detention and the period during which his whereabouts remained unconfirmed, and an end to all harassment motivated by his political or civic activity.
The organization reminds us that No person should be deprived of liberty or subjected to reprisals for peacefully exercising their fundamental rights. The use of the penal system to silence activists and restrict their participation in public life is incompatible with the Cuban State's international human rights obligations.