Press release

PRESS RELEASE

• In full conformity with law, due process and all the guarantees provided for in Cuban law, the municipal courts of justice have prosecuted, to date, 62 people linked to the recent disturbances. This was reported to public opinion by Joselín Sánchez Hidalgo, magistrate of the People's Supreme Court (TSP, by its Spanish initials) and director of Supervision and Attention to the Population of the TSP.
• The people who have been brought before the courts are those who have committed crimes.
• The prevailing crime in these cases has been public disorder (this crime has been reported in 53 out of the 62 defendants), along with other crimes such as resistance, contempt, incitement to commit crimes and cause damages. For such events, the law provides penalties of up to one year of imprisonment or a fine of 300 quotas, or both.
• The guarantees and rights that the legislation provides continue to guide the process, such as the right to submit evidence, by both the plaintiff and the defendant; the right to counsel if the defendant deems it necessary; show non-conformity with the members of the court, declare or refrain from doing so, the right to "the last word", as well as the possibility of lodging an appeal.
• In the legal proceedings conducted so far, strict observance of each of these guarantees has been followed in particular the right to present evidence and the obligation to prove the defendant's guilt in the charges against them.
• Cuba denounces once again the media's attempts to manipulate the right to defense. In crimes punishable by up to one year of imprisonment, and that are prosecuted by the municipal courts, the lawyers are admitted to appear before court, if the defendants decide to attend the oral hearing with them, as established in article 360 ​​of the Criminal Procedure Law.
• From the defendants brought to court, 22 appeared at the oral hearing, assisted by lawyers of their choice. One was acquitted out of the total number of defendants. Forty-five defendants have lodged an appeal and 40 of them have appointed a lawyer.
• The subsidiary sanction or probation was revoked for 21 convicted people who participated in the events, failing to comply with prior obligations imposed by law. In these cases, those involved also have the right to lodge the corresponding appeal against the court's decision (right to appeal).
• The Supreme People's Court has received six concerns regarding the right to defense and non-conformity with the sanctions imposed. Four of them have already been investigated, two of them have been notified and two are in progress.
• These matters, which fall under the jurisdiction of the municipal courts, are settled through agile and expeditious procedures according to the law, but at no time are they exempt from compliance with all guarantees. These are proceedings that do not necessarily require legal assistance to lodge appeals, since the defendant himself may, by means of a written document, show his non-conformity with the ruling and this is sufficient to take the proceedings to the higher court.
• Dixán Fuentes Guzmán, Chief Prosecutor of the Directorate of Attention to Citizens of the Attorney General's Office (FGR, by its Spanish initials), informed the public opinion that from July 11 to August 3, in relation to the denounced events, that this body has assisted 215 people, from 12 provinces and the Special Municipality of Isla de la Juventud, through the channels of attention that the prosecutor's office has, including in person, the delivery of documents in person or by email.
• Forty-seven complaints have been received through these channels, which refutes the manipulation campaigns that made reference to breaches of the law and lists of alleged missing persons.
• All complaints have been dealt with, regardless of the degree of affinity or familiarity with those involved.
•  Among the main complaints were concerns about the place of detention; non-conformity with the place of detention and the detention itself, as well as requests for information on the terms of detention and the rights of the defendant, or non-conformity with the crimes charged.
• To a lesser extent, there were complaints about the actions of law enforcement officers at the time of arrest, non-conformity with precautionary measures and the seize of goods, as well as discrepancies in relation to the sanctions imposed or concerns with proceedings involving a minor.
• The investigation of 12 out of 47 complaints has been concluded and a response was provided to the individuals. So far, no violations of the law have been detected. However, the investigations continue, for which there is a 60-day term, although efforts are being made to spend as little time as possible.
• The claims for alleged excesses committed by law enforcement officers at the time of arrest have not been representative and are being investigated.
•  In the case of minors under 18 years of age in conflict with the law, the legislation provides for specific procedures to protect those involved, although the age of criminal responsibility in Cuba is 16 years.
• Administrative sanctions have been imposed on some of the defendants and precautionary measures of provisional imprisonment have been modified, although this measure has been kept for those who were involved in more serious acts.
• Other citizens, after carrying out some investigations, have been released without charges, while proceedings related to the most serious crimes continue.

Permanent Mission of Cuba