Request For A Change in Conditions of Confinement / Yamil Domínguez

Havana, October 5, 2010

“Year 52 of the Revolution”

A: Head of Villa Marista

I, Inés María Ramos Nápoles, ID#: 40012108557, resident of No, 119 4th Street between lane 4 between 1st and 3rd. Miramar, Playa, Ciudad de La Habana, and mother of a U.S. citizen of Cuban origin Yamil Ramos Domínguez, am writing to ask you, as a mother, that my child be allowed to stay in my legal residence, during their process. [Translator’s note: that is that he be allowed out of prison on bail or personal recognizance.]

Yamil was arrested at the Marina Hemingway international port on October 13, 2007, on his way to Cancun, in his own boat, with all the documentation. On his journey he found that bad weather forced him to pull into that port.

Throughout the process there have been a number of inconsistencies, driving my son to undertake a prolonged hunger strike, whose aim was only that you review the case.  As a family, we present the Petition for Review before the Ministry of Justice, also supported by the first vice minister. The People’s Supreme Court (TSP) annulled Yamil’s sentence in its opinion 120/2010 (copy enclosed). [Translator’s note: The Supreme Court voided the conviction weeks ago, but under Cuban law he was not immediately released; the government is searching for “more evidence” to re-convict him, and meanwhile he remains in prison.]

During this entire period, we were forced to pay for our request for an appeal process and review in national currency, as we previously paid for the initial legal service and the first appeal in freely convertible currency. Today I need to contract with the lawyer to ask for a change of precautionary measure [that he be allowed out of prison], but we have no freely convertible currency and we have been refused a contract in national currency.

As a woman, as a Cuban, as a mother, I beg a precautionary measure change for my child, so that he can stay in our home until the end of your process, especially taking into account his personal condition, his family’s character, and the mistakes in the process. At this time there no charges against him, according to Case 120/2010 of the Supreme Court, and it is, thus, not just to continue deprived him of his liberty, when he could stay with his family in Cuba, and taking into account the principle in law: Everyone is assumed innocent until proven otherwise. On the other hand, we fear he will return to the hunger strike if this process is delayed and does not reach closure.

Please, I ask desperately as a mother, I am ill and still suffer from all that has happened to my son. I would like you to personally pay attention to my plea, and to take into account the Judgment in making a determination, as this pronouncement expresses an obvious injustice against Yamil.

Currently my son is in the Carlos J, Finlay State Security Hospital. He is will cared for but his unjust imprisonment continues. Unable to contract for legal services in National Currency to request for a change in his confinement, I turn to you for it. Please hear me. With your approval, Yamil can stay in our home, compensating, to some extent, for the injustice committed against him.

Hoping for your understanding and prompt response.


Inés María Ramos Nápoles

C.C: Council of State.

Posted: October 8, 2010