Habeas Corpus for ‘El Sexto’ / Cubalex

Danilo Maldonado – known as El Sexto – at the Oslo Freedom Forum. (OFF)
Danilo Maldonado – known as El Sexto – at the Oslo Freedom Forum. (OFF)

Cubalex, Havana, 6 December 2016 – On Monday, María Victoria Machado González, mother of Danilo Maldonado, known as ‘El Sexto,’ petitioned the Provincial Court of Havana for a Writ of Habeas Corpus in favor of her son. In the petition, she asked the court to order the detaining authority to bring him before the court.

‘El Sexto’ (The Sixth), 33, was arrested on the morning of 26 November. In the early hours of that same day he had painted a graffiti on one of the exterior walls of the Habana Libre Hotel, after official media announced the death of Fidel Castro, 90.

It is presumed that the arrest was carried out with violence. Witnesses said they forced his head between his legs. He was taken to 4 different detention. Currently he is in Vivac, in the Havana municipality of Boyeros.

The authorities informed Maria Victoria that on 5 December, nine days after his arrest, the prosecutor decided to keep him in preventive custody. The investigation is being carried out by the criminal investigator Fernando Sanchez. Maldonado is accused of damaging state property. This crime is not mentioned in the Criminal Code.

El Sexto’s mother also requested that the court order the immediate release of her son. The Criminal Code provides for a prison term or a fine for destroying, damaging or making unusable the belongings of another. This conduct does not correspond to Danilo’s actions.

According to the petition, preventive detention of El Sexto is arbitrary and illegal. Painting the walls or facades of a hotel constitutes a violation against public adornment. Inspectors of the communal system are entitled to impose, in these cases, a fine of 100 Cuban pesos (roughly $5 US).

Machado González also reported that her son was beaten by a Major of the Guanabacoa police when he asked for medical assistance because of asthma. She adds that Maldonado made the decision to only eat the food brought in by his relatives. He suspects that the meals offered at the detention center have sleeping pills in them.