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.

Cubalex Launches Campaign For The Release Of Lawyer Julio Ferrer / Cubalex

Attorney Julio Alfredo Ferrer Tamato
Attorney Julio Alfredo Ferrer Tamato

Cubalex Center for Legal Information, Havana, 15 November 2016 – The Cubalex Center for legal Information is initiating a campaign in support of Julio Alfredo Ferrer Tamayo, an attorney by profession and a defender of human rights by conviction.

For years Ferrer Tamayo has faced alone a system where officials charged with following the law have used it as an instrument of domination, control and repression. He has denounced every violation of national legislation and international standards related to the guarantees of due process. continue reading

He has not emerged unscathed from his fight against the abuse of power. They have discredited him and acted against his wife. Today they are both in prison. He was charged in 2014 with the crime of falsifying public documents and in 2015 with the crime of contempt. He was tried and sentenced to 3 years and 6 months respectively.

The National Directorate of Penitentiary Establishments recognized the violations of the Law, but they keep him in prison because they cannot go against a judicial decision. The Supreme Court did not acknowledge the abuse of power of its officials in bringing charges. The National Assembly and the Council of State listened and remained silent before the abuses.

The sentencing court cannot change the decision, but prison officials allege that they have requested a correction of the combined sentence. There is no doubt, they are trying to resolve the abuses with more illegalities. Impunity is the order of the day. There is no intention to comply with the law, nor to punish those responsible for violating it.

There is nothing left for state institutions other than to listen to reason, but they refuse to budge. Their violations can only be corrected through a review procedure which, according to the law takes about three and a half months, but Ferrer Tamayo has already waited nine months for a response from the President of the Supreme Court.

Cubalex demands respect from the authorities for the National Law and asks anyone committed to freedom, democracy and human rights to join our campaign for the immediate release of Julio Ferrer.

Follow us on Twitter and use our hashtag #Free-Ferrer. Visit our Facebook page and give us a ‘Like’. Help us to spread our messages for his release on social networks. Add your voice to ours, we shout together in the phrase of José Martí: “In justice there can be no delay, whomever delays its fulfillment turns against himself.”

About Cubalex

The Cubalex Legal Information Center is headquartered in Havana, Cuba. We are a non-profit NGO, not recognized by the Cuban state. We offer free legal advice in matters of legalization of housing, immigration procedures, inheritance, labor, processes of criminal review, constitutional procedures and the defense of civil and political rights, at a national and international level, to Cuban or foreign citizens who request our help.

Twitter: @CubalexDDHH

Email: cubalexdd.hh@gmail.com

Facebook: https://www.facebook.com/CubalexLey