Against Individual Rights / Cuban Law Association, Osvaldo Rodriguez Diaz

Lic. Osvaldo Rodríguez Díaz

On July 9th, 2012 a summary of the process of habeas corpus was presented before the Secretary of the Provincial Court of the Government of La Habana. This summary was admitted and remitted to the Third Room of the this Court.

The aforementioned Courtroom immediately communicated with the officials involved in the illegal deprivation of the liberties of the prisoners, subject to ratification of the matter.

That same day, at 10:30 pm, the damaged were released and were summoned for the next day. In the Courtroom, the involved officials were also summoned.

The defendant and those responsible for the Combined Eastern Prison Control, who were condemned in the process, appeared in court.

To date, the lawyer had not been notified of any settlement. To the privation of liberty, despite being released, they did not fill his Minutes of Court Appearance.  We do not know what explanation the officials, the ones who were notified in advance by the father of the inmate of the error which they were committing.

Despite having been prepared, the ones responsible for Penal Control keep the defendant in prison, though he is legally at liberty, more than five days.

Although the victim and his relatives do not intend to denounce the ones who are guilty of the crime of illegal deprivation of liberty, article 279.1 of the Penal Code, the Court should notify the Resolution pertaining to the lawyer that interposed the Resource.

The Court could also — conforming to Article 6 of the Court Law — giving account to the Military District attorney’s Office, what is neither of the interest of the damaged, but at least to communicate it to the National Director of Prisons and to bring to light to the principal responsible in order for this not to happen.

When an inmate avoids prison, generally he is sentenced for this new crime, now the contrary  occurs, they retain the guilty one and let go free the one that is responsible, not even an administrative measure.

Anyway, there is no interest in causing harm, only to protect human rights.

The Third Courtroom worked as fast as possible, it should always be like this.

Translated by: TAV

October 19 2012