Cuban political prisoner Luis Robles He spoke this week with his family and withEdilio Hernández, the first lawyer who took his case in Cuba, after being arrested December 4, 2020, accused of crimes against State Security forprotest with a sign calling for the end of repression in Cuba and the release of Denis Solís on San Rafael Boulevard.
As Hernández commented toCyberCuba, Robles told him that he is in good health and spirits and has even been able to listen to his son, just over a year old, on the phone.
"A month ago they suspended his phone becausea Counterintelligence officer wanted me to work for them.They were coercing him, but he really maintains a very brave attitude," Hernández told this portal.
His refusal to collaborate with State SecurityIt cost him to be left for a month without phone calls to his family.
To this we must add a fight with common prisoners that Robles had in prison, but in general, the lawyer considers that "the boy has behaved very well."
Edilio Hernández no longer legally represents Luis Robles. However, the day he called his family, he was visiting the house of his relatives, taking an interest in the case.
"I had never spoken to him and when they explained who I was, he was very grateful. He also told me that he remains firm because he knows everything that people outside of Cuba are doing for him," added the lawyer.
Last December, Edilio Hernández published on his social networks an analysis of the case of Luis Robles, starting from the moment he was arrested on December 4 and transferred to the Zanja Police Station, in Central Havana, where, in his opinion, ,He was illegally detained for a weekuntil he was transferred to the Department of Criminal Investigation of Crimes Against the Security of the State of Villa Marista.
Hernández remembers that when Luis Robles had been illegally detained for 12 days A Habeas Corpus was presented before the Provincial Court of Havana to define whether he was prosecuted or released. At that time, the Villa Marista Instruction told his family that he was being investigated for a crime of "other acts against State Security."
The lawyer from the Citizen Aid Legal Group defends that Luis Robles is not and has not been a member of any opposition group and that he was detained for exercising the right enshrined in article 54 of the Cuban Constitution: “The State recognizes, respects and guarantees people freedom of thought, conscience and expression".
His detention also violates article 19 of the Universal Declaration of Human Rights. "Everyone has the right to freedom of opinion and expression; this right includes the right not to be disturbed because of his or her opinions, to seek, receive and disseminate information and opinions, regardless of frontiers, through any media. expression…".
"Based on this narrative, it is assumed that the detention and subsequent investigation process against #LUIS ROBLES Elizástegui are illegal, given that a constitutional right protected by the aforementioned laws was being exercised," said Hernández.
In his opinion, the arrest of the young man demonstrates the criminalization of dissent in Cuba. "This example serves to prove that the Constitution is a dead letter," he added.
Based on these arguments, Edilio Hernandez asked for the immediate release of Luis Robles because "his only crime has been to ask for peace and respect for all Cubans."
Articles violated in the case of Luis Robles, according to Hernández:
Penal Code
Other Acts against State Security.
Article 128. Anyone who, upon being aware of the preparation or execution of any crime against State Security, does not report it, without prejudice to trying to prevent it by all means at their disposal, incurs a penalty of deprivation of liberty for six months. three years…”—(Nothing to do with Luis Robles).
Abuse of Authority, article 133. The public official who, with the purpose of harming a person or obtaining an illicit benefit, exercises the functions inherent to his position in a manner manifestly contrary to the laws, or arbitrarily exceeds the legal limits of his competence, incurs a penalty. of deprivation of liberty of one to three years or a fine of three hundred to one thousand installments, provided that the act does not constitute a major crime.
Crime against the free expression of thought, Article 291.
1. Anyone who, in any way, prevents another from exercising the right to freedom of speech or press guaranteed by the Constitution and the laws, is punished with deprivation of liberty from three months to one year or a fine of one hundred to three hundred quotas or both.
2. If the crime is committed by a public official, with abuse of his position, the sanction is deprivation of liberty from six months to two years or a fine of two hundred to five hundred installments.
Cuban Constitution
Article 54"The State recognizes, respects and guarantees people freedom of thought, conscience and expression."
Article 94. Every person, as a guarantee of their legal security, enjoys due process in both the judicial and administrative spheres and, consequently, enjoys the following rights:
b) receive legal assistance to exercise their rights in all the processes in which they intervene.
International Covenant on Civil and Political Rights
e) When the deprivation of liberty constitutes a violation of international law because it involves discrimination based on birth, national, ethnic or social origin, language, religion, economic condition, political or other opinion, gender, sexual orientation, disability or another condition, which leads or may lead to ignoring the principle of equality of human beings (category V).
Set of Principles for the protection of all people subjected to any form of detention or imprisonment. Approved by the UN in its Resolution 43/173, of December 9, 1988.
Principle 1. Any person subjected to any form of detention or imprisonment will be treated humanely and with due respect for the inherent dignity of the human being.
Principle 6. No person subjected to any form of detention or imprisonment will be subjected to torture or cruel, inhuman or degrading treatment or punishment. No circumstance may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.
70/175. United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
Rule 2
1. These rules will be applied impartially. There will be no discrimination based on race, color, sex, language, religion, political or other opinion, national or social origin, wealth, birth or any other status.
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