Gorki Águila, leader of the punk rock band Porno para Ricardo, was released on bail a week ago, after a People’s Revolutionary Police (PNR) patrol stopped him in the early morning of Sunday, 29 September, and found in his backpack two tablets of a medication for epilepsy, an illness Águila has suffered from since he was a teenager.
What’s your legal situation now?
I’m out on bail now, waiting for a trial with no date. What I have, if I have something, are two pills in a backpack. I made the mistake of signing the bond with the full offense. After they released me, the legal assistance from the Cuban Law Association (AJC) helped to understand what I signed, in order to be set free, I should have written, “for an alleged crime, that has not been proved.”
The crime they put in there was the whole nine yards of the penal code. The full paragraph referring to drugs. But at the time I signed, I didn’t have legal advice, because even though I asked for it, they didn’t let me see a lawyer. If I made a mistake signing those papers so they would release me, it was because I was under a lot or pressure with a violent migraine, I wanted to go home and without legal advice, I did it.
The instructor/investigator told me to sign, that the crime he put (“so this is how it should be put,” he said) didn’t mean they would accuse me of all that, that he was going to wait to see how things were evolving to tell me the crime I would be charged with. That is, they put the full paragraph to choose what crime they were going to put or if they were going to put a crime.
Those are my fears, that now I can’t be sure of what they’re accusing me with. The instructor also told me, “It could be that all this goes in the file and the prosecutor doesn’t approve it. Because if you bring the papers, at best, nothing will happen.” He also told me that it’s possible they’ll take it to the prosecutor and then tell me what crime I’m accused of. I’m in limbo, without any definition of the crime nor a date for the trial.”
Do you have all the medical documentation?
I already scanned the document from the doctor in Mexico who prescribed the Tradea. My family sent it to me, but my family doesn’t know the full process, since the document isn’t legal until it passes through a notary and then through the Ministry of the Interior in Mexico. And ultimately it has to go to the Cuban consulate. To send proof to Cuba that the doctor exists and the notary exists. And then the Cuban Consulate will say that “the whole world exists,” because it has legal force. I’m in this process, but I’m worried, because I don’t have a trial date, they could summon me tomorrow without my yet having the documents that would be my defense. Continue reading