Cubalex, 25 July 2024 — In the field of human rights, every life lost in suspicious circumstances demands a robust response and a thorough investigation by the state. The recent death of Ernesto Figueredo Alarcón, a 23-year-old man, at the hands of a police officer raises serious concerns about the fulfilment of state obligations in Cuba and underlines the urgent need for a rigorous and transparent investigation.
Ernesto Figueredo Alarcón died last Friday after being shot in the head by a policeman known as “Chucho, El tirado”. According to CubaNet, the incident occurred in Ernesto’s house, located in the Rosa La Bayamesa neighborhood in Bayamo, Granma province, while the policeman and the victim were talking alone in a room.
Following the shooting, the young man was admitted to intensive care at the Carlos Manuel de Céspedes Provincial Hospital, where he was diagnosed as brain dead and was kept alive only on life support. Although the policeman responsible for the shooting was arrested, the authorities have not provided detailed information about the case, leaving the family with no clear answers. People close to the victim claim that the shooting was an accident and point out that the policeman had mental problems, suggesting that he was unfit to carry a weapon and unfit for duty. Despite these allegations, no official information has been received to confirm or refute these points.
The lack of transparency and opacity in the handling of the case raises serious concerns about the authorities’ handling of the case. This is especially critical when there are international obligations and protocols for cases that could represent potentially unlawful killings and, in particular, extrajudicial executions, which must be observed by states.
International human rights law, specifically the International Covenant on Civil and Political Rights (ICCPR), states in Article 6 that the right to life shall be protected by law and that no one shall be arbitrarily deprived of his or her life. In addition, the Minnesota Protocol calls for a rigorous investigation of all suspicious deaths to determine whether an extrajudicial killing has taken place. In this context, the State has a responsibility to thoroughly investigate these deaths, to adequately punish those responsible and to provide transparency and information to the families of the victims.
Extrajudicial executions are defined as the arbitrary deprivation of life committed, encouraged or condoned by the State, outside the framework of a fair trial and due process. They are characterised by the intentional use of lethal force without legal justification, the absence of a proper trial or due process and the involvement of State agents.
In the case of Ernesto Figueredo Alarcón, there are several elements that suggest the possibility of an extrajudicial execution. First, there is the involvement of a state agent, as he was shot by a policeman, which is a fundamental criterion for considering this type of execution. In addition, it must be assessed whether the use of lethal force was intentional and lacked legal justification, considering that there was no reported threat or situation of danger to justify it. It has also been pointed out that the police officer may have had mental problems, which would indicate state negligence in the supervision and allocation of weapons. Finally, the shooting occurred outside of due process or trial, with no indication that the youth was involved in criminal activity that would justify an armed intervention, nor was there any attempt at arrest or due process.
A thorough investigation to clarify all details of the incident, including the mental condition of the police officer and the precise circumstances of the shooting, is essential in order to reach a definitive conclusion on intentionality and possible state responsibility.
The lack of transparency and information from the authorities suggests a serious deficiency in the fulfilment of their obligations to adequately investigate and punish cases of potentially unlawful killings. It is essential that the Cuban state conduct an investigation in accordance with international standards, otherwise it would demonstrate complicity, negligence and lack of reparation to the victims.
References
United Nations (1989). Minnesota Protocol for the Investigation of Potentially Unlawful Deaths.
United Nations (1979). International Covenant on Civil and Political Rights.
United Nations (1990). Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
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Translated by GH