Maylen Díaz Delgado requires the highest Cuban authorities to review the sentence for sexual abuse against his daughter’s father.
Miami, United States. – Cuban Maylen Díaz Delgado ―Manifestant del 11j In Camagüey what Currently fighting to receive exile in the United States– he asked the highest authorities of the country to review the criminal sentence issued in case 60 of 2023 for a continuous sexual abuse against his youngest daughter, and questioned that the convicted person – the father of the girl – has been imposed as an accessory sanction only a “temporary restriction of parental responsibility for three years”.
“I consider that this accessory sanction is absolutely irresponsible and detached to the interests of the child,” Díaz Delgado wrote on Facebook.
In a public letter addressed to the Popular Supreme Court, to the Council of Ministers, to the first secretary of the Communist Party of Cuba (PCC) Miguel Díaz-Canel, and to the Minister of Justice Óscar Manuel Silvera, the young woman said: “The accused was sanctioned four years of deprivation of liberty for having absolutely proven sexual crimes against her daughter, and as an accessory sanction the temporal restriction of the temporary restriction of the parental responsibility for three years.”
In his opinion, allow the aggressor to “can again claim his rights over the girl” after this period “represents an unacceptable risk and a violation of the state obligation to protect minors.”
The applicant requested “the review of the judgment by error in the application of the right and violation of the best interests of the minor”, and said that the ruling is “defective and incongruous” because “it does not keep coherence between the proven facts and the applied sanctions.” He added that the resolution “has left the youngest unprotected against its aggressor.”
The legal arguments
Díaz Delgado argued that the accessory sanction contradicts the Constitution of the Republic of Cubahe Criminal Codehe Family Code and the Convention on the Rights of the Child: “All these legal bodies converge that a father or mother convicted of sexual crime against his son or youngest daughter, must permanently and definitively lose the parental responsibility, not in a restricted and temporary way.”
In his text he expressly cited that “the Family Code [de] 2022 dictates that parental responsibility is extinguished by the final judgment of conviction of the father or mother as authors, complicit or concealing crime committed against the youngest daughter or son ”and that article 157.1 of the same norm allows“ declare the total loss of parental responsibility ”before physical, psychic or sexual abuse.
Likewise, article 86 of the Constitution: “The best interest of the child is mandatory in all judicial decisions … They are protected against all kinds of violence.”
“You sanctioned that girl to live with fear”
In A live broadcast this FridayDíaz Delgado intensified his criticism. He affirmed that his main questioning falls on the accessory sanction: “I do not understand, I do not understand how [a] Someone who committed such a crime against a boy (…) is allowed to have rights again in three years as if the crime prescribed, as if the child’s trauma went to extinguish. “And he added:” You sanctioned that girl to live with fear. “
The young woman said she does not house “any faith, none, in the Cuban institutions” and described the case as “a state crime” by considering that “when the judges dictate a sentence they do it in the name of the Republic of Cuba.”
He also reported that he has visible the case since January 28, 2023 and assured that his family has faced delays and obstacles to legally act. Among them, he said that “cost 10 months” to get the minor’s legal medicine exam and mentioned that the blackouts make it difficult to formalize contracts with lawyers.
In his speech he also announced that he will exhaust internal and external paths: “We are going to use all the resources that the law puts at hand, and we will touch all the doors that are necessary, to all the institutions around the world.”
As he said, the girl is in the care of her grandparents in Camagüey and she remains guiding her parents from exile. He said: “There has been no institution in Camagüey that my parents, who are in the care of that girl, have not touched.” And he reiterated his background position: “Who abused a child has no rights to have rights over him.”
