The First Chamber of the Popular Provincial Court of Santiago de Cuba ruled this Monday, July 4, against the Habeas Corpus appeal presented in favor ofJosé Daniel Ferrer García, opposition leader of thePatriotic Union of Cuba (UNPACU).
The resource,presented on July 1 before said Court by the wife of the political prisoner, Dr. Nelva Ismarays Ortega Tamayo, after 25 days without news from Ferrer García, “there is no room,” as established by the magistratesYoendris Rosabal Jerez (West),A. Nacly Suárez García andDaniel Sagarra Goire de Belén.
With the denial of the appeal, the family of the opposition leader and Black Spring prisoner has gone 31 days without news of him, which is why they consider him “disappeared” by the repressive forces of the Cuban regime and fear for his physical and psychological integrity.
“On the afternoon of this Tuesday, July 5, 2022, the Santiago de Cuba court refused to give an account of José Daniel Ferrer García, who had been MISSING for 31 days.We continue to demand FAITH of LIFE", he stated via TwitterAna Belkis Ferrer García, sister of the political prisoner.
Arrested on July 11 after leaving his house to join the spontaneous demonstrations that shook towns and cities duringthe historic 11J protests in Cuba, Ferrer was returned to prison under the justification of a revocation of “subsidiary sanction of limitation of freedom imposed in case 12 of 2020.”
After a month of detention and interrogations in State Security offices, the opponent was imprisoned in the Mar Verde prison on August 12.to serve a sentence of 4 years and 14 days remaining from the previous sanction that had been “subsidized”.
“The interested party bases her request on the following terms: that she had telephone contact with the reference sanctioned person, the last time on June 4, 2022 from the Mar Verde Penitentiary Center and that she has no further knowledge of his whereabouts, as well as any contact with him”, indicates the Court Order includes as “situation to be resolved”.
In accordance with the provisions of article 790 of the Criminal Procedure Law, the Court considered that “he has been granted all the benefits contemplated in the Regulations of the Penitentiary System in terms of family visits, telephone communication and enjoyment of the conjugal pavilion in the established time and period,without noticing in this sense a violation of their rights”.
Based on this “assessment of the situation to be resolved”, the First Chamber of the Popular Provincial Court of Santiago de Cuba decided that “there is no room for the Habeas Corpus procedure filed by citizen Nelva lsmarays Ortega Tamayo in favor of the sanctioned José Daniel Ferrer García for the arguments stated above.”
Nelva, a doctor by profession, recently declared toCyberCubathat he has no faith in the life of the opponent and assured that he will not rest until he hears from him. Last Thursday, June 30, after appearing at the prison where her imprisoned husband is supposedly held, she was denied information about him. The next day he presented the appeal that is now denied.
According to him, he fears for the psychological integrity of the opposition leader and said he had not heard from him since June 4. The political prisoner's wife believes that he could be on a hunger strike, which would put his life in danger. Prison officials assured the activist that it is Ferrer who does not want to see her family.
However, Nelva recalled another occasion when the political prisoner was in the Aguadores prison, the authorities gave the same excuse to the family. At that time they masked a hunger strike and physical and psychological torture that he received.
Last week the non-governmental organization (NGO)Human Rights Watch (HRW) demanded that the island regime once again release Ferrer and they reported that he has been held incommunicado for more than 20 days in the Mar Verde prison, in Santiago de Cuba.
The writ of Habeas Corpus is usually denied by Cuban courts in cases involving activists and opponents. In October 2018, the case of an appeal of this type, filed in favor of the rapper Maykel Osorbo, drew attention.which prospered after being presented by a group of independent artists.
The Habeas Corpus appeal forces the authorities to have the detainee brought before a judge as soon as possible and respecting due process. In the case of Osorbo, arrested after offering a concert at La Madriguera (headquarters of the Hermanos Saiz Association of Havana), where the guests protested against Decree Law 349, the artists appealed to the Supreme People's Court and managed to have the appeal prosper. in his favor.
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