All defendants attended their trials with the representation of a lawyer, either one they hired or one appointed by the court as needed
Photo: Courtesy of the People’s Supreme Court
An overturned police car, garbage containers thrown on top of the vehicle and, perched on top of that were those who believed, in the midst of the euphoria, that they were leading "a victory” is one of the images demonstrating conclusively how far these individuals were willing to go, in their eagerness to disrupt the country’s constitutional order, July 11 and 12, 2021. This was not, however, the only criminal act that took place during the disturbances…
Near the Tamarindo People’s Council Police Station, in the municipality of Diez de Octubre, an unarmed officer was assaulted and injured by thrown stones that were collected in the vicinity.
A crowd advanced in the direction of the National Capitol, randomly launching blunt objects and homemade incendiary devices. Seven individuals who got in their way, all unarmed, were injured.
Elsewhere, near the Malecon, the Federation of Cuban Workers’ provincial secretary, helping a police officer who had been knocked to the ground, was attacked with a piece of wood that had a nail strategically placed on one end and suffered two serious head injuries. His attacker, an allegedly "peaceful" demonstrator, left him with a wound of more than seven centimeters and cranial trauma.
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After a confused, aggressive group gathered in front of several government institutions in the municipality of Cárdenas, Matanzas, individuals, armed with rocks and sticks, moved into an area where stores and a gas station are located. They attacked the forces of order from the Ministry of the Interior (Minint) protecting the facilities, thus paving the way for looters.
Police cars that converged on the area were met with hostility, and ended up being stoned along with the officers inside.
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In Holguín’s provincial capital, “protesters” gathered along streets close to government headquarters, and began arming themselves with rocks and paving tiles which they threw at the premises and security staff guarding the area.
One participant threw a brick into the glass door of a store, breaking it; while two police officers carrying out their duties were the victims of violent attacks.
Continuing this aggressive behavior, after breaking through the human cordon which spontaneously formed at some distance from the government premises, the crowd tore paving tiles from the driveway, broke them and threw them at those who were protecting the site, injuring eight individuals.
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On July 12, in the La Güinera neighborhood, of the Havana municipality Arroyo Naranjo, several citizens walked in the street, shouting insults and expletives at authorities, while broadcasting their acts live on social networks.
On their way to the nearest police station, on the road to Bejucal, these individuals were confronted by citizens who they physically assaulted, along with National Revolutionary Police forces protecting the site. They threw rocks, bottles, Molotov cocktails and set fire to garbage containers.
One of the accused has admitted having received a message from abroad announcing what was about to happen, inviting him to join the events. Another, according to his own statement, was promised 1,500 cup to participate in the protests.
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On July 11 and 12, 2021, attempts were made to disrupt the country’s constitutional order; forces of the public order were attacked; stores and commercial establishments damaged; and acts of vandalism committed. Photo: AFP
This is how "peaceful" the July 11 and 12 “protesters” were; far removed from the image many have attempted to sell the world.
SENTENCES REQUESTED REFLECT THE SEVERITY OF EACH CRIME
Lisnay María Mederos Torres, chief prosecutor of the Directorate of Criminal Proceedings of the Attorney General's Office of the Republic (FGR), explained to Granma that, as a result of events which occurred during the disturbances last July, charges within their competence were submitted to municipal courts, within the time limits established by law, relating to crimes against the public order that disrupted the peace.
Once investigations were concluded of acts considered more serious given the manner in which they were carried out and their consequences, charges against those involved were filed in competent courts.
During the investigations, she pointed out, evidence was obtained revealing the promotion, organization and direct engagement in acts which Cuban penal law categorizes as crimes and which, in addition, seriously endanger citizens and state property.
"For Cuba, as for any other country, facing the severe conditions created by the pandemic and its consequences, the seriousness of the acts committed is clearly understood and consequently, the need to enforce criminal laws."
Likewise, the Chief Prosecutor noted, the trial evidence submitted in these cases made clear the participation of the accused in acts that are defined as the crimes of disrupting the public order, instigation to commit crimes, damage, robbery with force and robbery with violence, assault and sedition, and, in the case of the latter, Cuban criminal law stipulates severe sentencing parameters.
According to the law, the crime of sedition is defined as an act committed with the use of extreme violence, blatantly and by express or tacit agreement, in an attempt to seriously disturb the public order.
Furthermore, the Attorney General's Office took into account the fact that defendants acted with extreme violence, caused injuries and endangered the lives of citizens, officials and members of the forces of law and order, attacked government institutions, in particular persons and property representing or owned by People's Power bodies and the Ministry of the Interior, Mederos Torres explained.
Hence, "The sentences requested by the prosecutor's office are severe, in correspondence with the seriousness of the acts, the level of participation and the damage caused to society, considering the level of individual responsibility and concurrent circumstances, among these, the aggravating circumstances of the criminal responsibility."
Beatriz Peña de La O, lead attorney in the Department of Investigation and Supervision of the Attorney General’s Directorate of Criminal Proceedings, commented that these events required the immediate attention of law enforcement and judicial bodies.
Attorneys were present in detention centers at that time, and from that moment on, to ensure proper supervision of the investigations, to keep track of the cases from the beginning, intent on individualizing every action and responsibility, and that rights guaranteed by law were respected.
The pertinent analyses were conducted, applying provisions of the Criminal Code with respect to defendants between 16 and 20 years of age who have special protection, and were provided the differentiated, individualized treatment required by law. All this allowed the Attorney General's Office to make accurate, objective decisions in accordance with the law, prior to submitting these cases to the courts.
After the required analyses, many individuals who had been initially detained were not brought before the courts. In compliance with provisions of current legislation, alternative law enforcement measures were adopted, without submitting charges to a judicial body, Peña de La O stated.
In Havana, for example, Yojanier Sierra Infante, president of the People's Provincial Court, reported that when the events of July 11 and 12 took place, several different scenarios emerged.
Charges have been filed in a total of 28 cases, 22 of these in municipal courts -which implied sentences of up to eight years in prison - and six that were processed at the provincial level. In these cases, he said, we are talking specifically about the events in Toyo and La Güinera, which, taking into account the seriousness of the crimes, the Attorney General’s Office decided to charge these individuals with the crime of sedition.
With the realization of these trials, which began in December and should conclude in February - the president of the Provincial People's Court of Havana commented - there is a core of public opinion influencers operating on social networks that directly attacks the transparency of the processes. "They say these are sham trials, that there are no guarantees in place, that the accused are not able to defend themselves, that the sentences have been unjust, that this (the disturbances) were a demand made by the people against the police and the government, when we are all the people."
First, we - from our position as judges - must respect, in everything we do, the principles established in the law and comply with due process, he said.
Although these prosecutions were extraordinary in that that the accused were charged with the crime of sedition, something new for us, the truth is that we acted as we always do in conducting any process, studying the cases thoroughly, and respecting each one of the established guarantees, he stated.
“As is established, all defendants attended their trials with the representation of a lawyer, either one they hired or one appointed by the court for those who did not do so themselves," he reported, adding, “Likewise, defendants had the opportunity to communicate with their attorneys for the purpose of establishing the basis for the defense and, during the judicial proceedings, lawyers were able to conduct the defense, with no principle violated."
Another sign of transparency is that, on the day of the trial, the president of the court - as determined by law - asks all those present in the courtroom if anyone has reason to challenge any judge’s participation in the process that would constitute cause for his or her recusal. "And in none of the trials conducted has this challenge been expressed."
Likewise, he said, defendants had the opportunity to defend themselves and state whatever they considered appropriate, since they are not obliged to testify.
Yojanier Sierra Infante pointed out that the most important thing in a trial, to determine if a person committed a crime and establish a sanction, is the evidence, "And this we had; the rulings were based on meeting the burden of proof."
He added, along these lines, that a great deal of documentary evidence was provided, as well as other expert and witness testimony, by both the Attorney’s General's Office and the defense. "Everyone had an equal opportunity."
Within the documentary evidence, he mentioned, were many videos. The forensics work was excellent, he said, since each individual captured in the images was analyzed, to carefully identity the person, using the description of external features to prove that the defendant was the person appearing in the video and no other.
Each party, be it the prosecution or the defense, could also call witnesses they considered necessary, including citizens who were not directly involved in the events, but who lived in the neighborhood and experienced, firsthand, the fear generated during those days.
A man testified that he had hidden under a staircase, adding that those were the saddest 15 minutes of his life; and a district People’s Power representative commented that, since the events in the Güinera, she has not able to sleep, tormented by the anguish she felt when she went out into the street during the days following the events.
HAVE THE RIGHTS OF THE ACCUSED BEEN RESPECTED?
The truth can be heard in the words of a defendant’s mother, who, with the pain she bears inside evident in her eyes, tells you that the process has been difficult for the family, but that she has never felt helpless, or alone, that she has always had the opportunity to communicate with her son, and feels that the lawyer handling the case is doing a good job, even though she is far from happy about what happened. Her point of view is ignored, or distorted, by those who insist on seeing a different Cuba.
This mother, Eudanis Campos Ramirez, who apologizes for her son's mistakes and is confident justice will be done, since everyone is being judged individually for their behavior, is not the only one expressing such an opinion.
Keyla Dominguez Hernandez also states, during a pause in her husband’s oral trial, that is was the “crowd” factor that led him to throw a rock, and that they “had nothing against” the process, saying that her husband has always had access to his lawyer, that he has been treated well. "The lawyers are doing the best job, they are defending them well."
In fact, one of the defense attorneys spoke with Granma about due process and how this principle has been respected from the beginning.
Defense attorney Manuel Alonso Díaz emphasized that attorneys have been able to exercise the right to defense at all times, have had opportunities to interview the defendants, who are our clients, he said, as well as submit evidence and present our defense in and oral trial with no obstacle, adding, “For example, my defendant, by virtue of his right, has been able to modify his statement.”
"On my part, there has been no incident whatsoever, neither in the trial, or during the process, and the family has not informed us of any disagreement.”
This process, he emphasized, involves two laws of criminal procedure, something sui generis. When it began, last July, he explained, the Criminal Procedure Law stipulated that access to a lawyer was not available to a defendant until a ruling was made on precautionary measures; today we have a new regulation that does allow this access from the beginning, but we must remember that, when the events occurred, what was legal, what was established, was within seven days, he pointed out. Nonetheless, from the beginning, defendants were guaranteed the right to defense.
When asked if the connotations of these events – at a political and social level - had negatively impacted the defense, he insisted that in no way had this reality led him to modify anything, or act differently during the process.
"Sincerely, it has had major media implications, but this, in my opinion, has not influenced in the least our work as lawyers…We have done everything in our power to defend the interests of our clients, with no intermediation."
This same attorney strongly objected to evidence presented by the Prosecutor's Office during his client’s oral trial.
The law, he stated, gives us the right to challenge evidence, to present information that contradicts it... this is a lawyer's role. "And in my case, I have been challenging all the Prosecutor's evidence, because my client has been denying his participation in the events and, by virtue of this position, I must defend him."
These same opinions were, in general, shared by defense attorney Ronmy Ruiz Gutiérrez.
She reports being personally involved in this issue since the arrest of the three defendants she represents and, from the beginning, was able to interview them in the penitentiary center where they were held. She had access to the preparatory phase file and to findings of the investigation that was being conducted, to prepare her defense brief challenging the prosecution's accusations, as well as the videos that were brought in as evidence, and the rest of the evidence presented, she emphasized.
Attorney Francisco Javier Tapia Pacheco addressed the “news” posted on social networks and presented to the world as “truth," that in Cuba children and minors under 16 years of age are being prosecuted, emphasizing that, in our country, the law is categorical regarding the issue: the minimum for criminal responsibility is 16 years of age.
"There is no person under that age involved in this process," he insisted.
In addition, he pointed out, the law takes an even broader approach, establishing a degree of leniency and considerations in sentencing for persons up to 20 years of age. "For example, up to two thirds of the minimum and maximum limits of the sanction may be reduced," noting that these options are also available to defendants over 60 years of age.
TRANSPARENCY AND COMPLIANCE WITH THE LAW
Nothing that happened, not even the clear intention of these individuals to subvert the public and constitutional order, can affect something that is fundamental in this country: transparency and adherence to legality. Cuba is a socialist state governed by the rule of law, stated Dixán Fuentes Guzmán, head of the Attorney General’s office of Citizen Attention.
This implies that, regardless of the seriousness of the events, all actions and criminal proceedings must be conducted with absolute respect for the law, he emphasized.
In this sense, he added, the observance of the guarantees of due process is an obligatory premise, and the course of the investigations was carefully monitored, in order to ensure that no person was deprived of his or her freedom except by a competent authority, for only the legally established time period; that legal assistance was available from the beginning of the process; that presumption of innocence was respected until the final sentencing; and that trials were conducted in existing, pre-established courts; among other guarantees established by the Constitution, in Articles 94 and 95.
"In addition, as part of the Attorney General’s function, all citizens who came to our institution to submit questions, requests or opinions regarding the events, were attended. Among the issues most often raised were disagreements with precautionary detentions and charges filed, and in cases already tried, dissatisfactions with sanctions requested and imposed.”
He added that in all cases, based on the findings of investigations and elements expressed by the individuals themselves, solutions were found within the limits of the law, to address concerns.
"We are talking, for example, about decisions that included the release of persons who were not obliged to answer later for any crime; modification of precautionary detention; inclusion of their arguments for consideration in a specific criminal procedure; and legal orientation as to what should be done at any given stage of the process."
People's Supreme Court magistrate Joselín Sánchez Hidalgo reiterated that, among guarantees established by law, citizens convicted of a crime have the right to challenge the sentence imposed, through the appropriate appeal or cassation court.
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A trial involves much more than imposing sentence, but it is, no doubt, this moment in the process that impacts the defendant most profoundly, the one that is never forgotten.
Minutes before the end of the trial, defendants have the right to the last word.
In this case, most have shown repentance and apologized for their actions; others ask the Court to take into account that they acted “without thinking," that "this was not my intention,” or that "I was in the wrong place at the wrong time."
And yes, Cuban justice is magnanimous, rational, but – consequently - also severe, as is appropriate for those who caused serious harm to the common welfare and collective tranquility, at a time when all of Cuba was engaged in a taxing battle against the COVID-19 pandemic, and especially those attempting to plunge into chaos a country that many are determined to move forward.
Source: Granma