Strong operation before the trial of 33 11J protesters in Havana

In 17 cases of 11J, the judges of Havana were more severe than the Prosecutor’s Office

The human rights platform Justicia 11J has been pronounced regarding the sentences for the demonstrations at the corner of Toyo and La Güinera, in Havana, in which it has detected, in 17 cases, an increase in the sanctions requested by the Prosecutor’s Office.

This is the case of the two convicted with the longest sentences, 30 years: Dayron Martín Rodríguez (36 years old), Wilmer Moreno Suárez (33) and Miguel Páez Estiven (58), for whom the Public Ministry requested 25 years.

Roberto Pérez Ortega (35) and the Cuban-German Luis Frómeta Compte (58), who was visiting Cuba, were sentenced to 25 although 24 were requested for them, Yoandry Reinier Sayu Silva was sentenced to 23 instead of 19 and Rolando Vázquez Fleita, at 21 against the 20 requests.

Denis Ojeda Álvarez, Walnier Luis Aguilar Rivera, Robert Orlando Cairo Diaz, Ángel Serrano Hernández, Yerandis Rillo Pao, Oscar Luis Ortiz Arrovsmeth received 23 against the 22 requested.

The decision of the judges contrasts with the small relief that the Holguín court gave this January to minors, who withdrew the accusation of sedition

Three other protesters who have been sentenced to 22 years in prison had a request for a sentence two years less. Orlando Carvajal Cabrera, 19 years old, saw his sentence increased to more than 5 years from the 15 that he could fear, Jesús Enrique Vázquez Cabrera and Marlon Brando Díaz Oliva received 18, three more than the requests by the Prosecutor’s Office.

Finally, Lázaro Noel Urgelles Fajardo was sentenced to 14 years in prison, compared to the 13 requested for him.

The defendants who saw their sentence increased amount to 17, of the 128. It is barely 13% of those convicted, but the volume of years is overwhelming and, as the platform points out, it contrasts with the little relief that the Holguín court gave this January to the minors, who withdrew the accusation of sedition.

This has not been the case in Havana, where an example that illustrates the severity of the court is that of Brandon David Becerra Curbelo, who was under 18 years of age when he was arrested and 5 years of correctional work without internment was recommended for his case. The Prosecutor requested 18 years in prison for him, which has been reduced to 13, much less than requested but excessive compared to the indication given in the oral hearing.

Other minors that the organization highlights are Kendry Miranda, for whom 10 years were recommended, 20 were requested and 19 are assigned; Lázaro Noel Urgellés, 10 recommended, 13 requested and 10 condemned; and Rowland Jesús Castillo Castro, whose recommendation was 12 that have remained at 18, five less than the number requested by the Prosecutor’s Office.

The defendants were present at two of the most symbolic points of the protests that day. In Toyo, the protesters managed to overturn a police patrol, and La Güinera was the place where there was a death at the hands of the police, Diubis Laurencio Tejeda.

The organization highlights the lack of consideration of extenuating circumstances such as mental disability or psychiatric illness, which affects two convicted persons (Walnier Luis Aguila and Dayron Martín)

Justice 11J has once again rejected the collective accusation of sedition in the face of the alternative defended by the lawyers of substituting it for public disorder and attack. This decision has been crucial, since sedition is one of the most serious crimes of the Penal Code and contemplates high prison sentences.

The organization highlights the lack of consideration of mitigating factors such as mental disability or psychiatric illness, which affects two convicted persons (Walnier Luis Aguila and Dayron Martín), and also refers to the fact that several of them are minors, although they did exceed the criminal age (set at 16), or that there were 11 women, although gender is not taken into account in these cases.

Justice 11J also recalls that, contrary to what was indicated in the press release of the People’s Supreme Court reporting the sentences, the processes have been full of irregularities according to the testimonies of the relatives. He also denounces the delay in notifying the sentences, and expresses his solidarity with the families, who not only suffer the sanctions of their relatives, but are also victims of disrepute in the official media.

According to the calculations of the organization, which works together with Cubalex, there are still 158 sentences that must be delivered shortly, the notification of 333 affecting 518 people has been documented and at least 1,442 were detained at some point. For all those who have not yet been tried, they ask for an immediate release.

“We insist on the need for the perpetrators of human rights violations to be identified and pointed out as part of a process of justice and reparation, which will only be possible through a full democratic transition,” calls for Justice 11J, which demands support from the community of democratic countries, which he asks for the application of sanctions against the Cuban State.


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