Last 24th September, Angel Moya, ex-prisoner of conscience of the Spring of 2003, and a group of activists, were arrested for three hours by police agents and the State Security, for having handed out copies of the petition Por otra Cuba (For a different Cuba).
According to Moya, the agents involved in the arrest told him he was not being arrested, but “temporarily held.”
“They didn’t take us to jail as they usually do,” commented Moya. But, can a Cuban citizen be “held”?
According to Spanish law, the ability to hold can only be exercised in relation to goods. It is defined as a means to assist someone to extend his possession of something by way of security. The counter-intelligence people, the political police in the island, in order to avoid any legal or civic constraints, use the status “held” to justify arbitrary arrest.
The term “hold” doesn’t exist in the criminal law process. The agents of the State Security and the police are not authorized to hold anybody, as this term does not exist in the criminal legislation.
The International Treaty of Civil and Political Rights, in Art. 9, First Part, establishes, and I quote: “Every individual has the right to liberty and personal security. No-one may be subject to detention or arbitrary arrest. No-one may be deprived of their liberty, except for reasons defined in law and by way of the relevant established procedure.”
Moya was not “held”, he was arbitrarily arrested, in breach of the precept of Art. 9 of the Universal Declaration of Human Rights, signed by the Cuban state in 1948: “No-one may be arbitrarily arrested, nor imprisoned, nor exiled.”
Translated by GH
December 18 2012