Cuban Supreme Court denies review of case despite admitting illegal actions by judge Melody González

The Supreme Court of Cuba rejected the review of case 2/2024 from Encrucijada, despite acknowledging serious irregularities committed by Judge Melody González, who is now detained and seeking asylum in the U.S.

Melody González (Reference image)Photo © Social Media

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Immigration lawyer Santiago A. Alpízar reported on social media this Monday that the People's Supreme Court of Cuba, presided over by Rubén Remigio Ferro, rejected the request for review of the criminal case 2/2024 from the municipality of Encrucijada, despite acknowledging that the judge in charge of the case, Melody González Pedraza, committed illegal actions.

Alpízar explained on Facebook that the court itself acknowledged that the judge, currently facing the final deportation hearing in the United States, committed acts “clearly constitutive of a crime of prevarication,” a legal concept that punishes officials who knowingly issue unjust rulings.

Facebook Capture / Santiago A Alpizar

Despite this, the review of the process was denied in which, according to prior allegations, several individuals were unjustly convicted.

The organization Cuba-Demanda, which has been denouncing this cause for years, announced that it will continue its work in defense of those affected and that it will take the case to international bodies such as the Inter-American Commission on Human Rights (CIDH), the European Commission, and the European Parliament, the lawyer emphasized.

Alpízar also announced that they will request the U.S. Department of State to include Judge Rubén Remigio Ferro and his immediate family on the list of individuals who should not be granted visas to enter the country.

They will also ask the Department of the Treasury to investigate alleged business ties between Ferro and his associates with individuals based in the U.S.

Supreme Court closes the door on reviewing the case, although it acknowledges errors in the trial

Immigration lawyer Alpízar shared on social media images of Resolution No. 106 from the People's Supreme Court, corresponding to files 689, 707, and 713 of 2024, where it is officially confirmed that the request for a review of the process was denied, despite acknowledging violations in the handling of the original trial.

Facebook / Santiago A Alpizar

In the document, the mothers of the sanctioned individuals Luis Ernesto Medina Pedraza, Eddy Daniel Rodríguez Millán, and Adain Barreiro Pérez requested a review of criminal case 2/2024, in which their sons were sentenced to prison terms ranging from 3 to 4 years for the crime of assault in Encrucijada, Villa Clara.

The resolution acknowledges that the issues raised by the applicants — including irregularities committed by Judge Melody González Pedraza, who is currently detained in the U.S. — "are true."

Nonetheless, it is argued that the trial maintained its formal legitimacy and that the guilty verdict is not compromised by such violations.

Finally, the Court concludes: "THERE IS NO REASON to promote the requested review procedure," upholding the ruling, with no possibility of any appeal.

However, in 2024, the four young Cubans sentenced to prison by Judge Melody González, had the opportunity to appeal their sentence.

The provincial court of Villa Clara admitted the appeal of the sentence handed down against four Cubans under 30 years of age, accused of the crime of assault.

Melody González, former judge of the case, is seeking asylum in the U.S.

González, who presided over the Municipal Court of Encrucijada, arrived in the U.S. in 2023 under the humanitarian parole program.

However, she was reported by the relatives of opposition members and later included in a list of repressors compiled by human rights organizations.

Since then, she has been held at the Broward Transitional Center in Florida, awaiting the resolution of her political asylum application.

A few days ago, during a final deportation hearing in the United States, González's defense presented documents and witnesses to try to prove that he did not act out of ideological conviction.

Although in previous statements González has expressed remorse for her decisions and has reported pressures from the Cuban judicial system, Alpízar and other activists question the authenticity and timing of that "remorse", interpreting it as a legal strategy to avoid deportation.

The trial will continue on May 8, in the second part of the final hearing, when the former judge will be able to question the witnesses presented by the prosecution and submit new evidence for her defense.

The judge could issue his decision that same day or on later dates, depending on the evaluation of the evidence.

"The government does not have to prove anything. It is the applicant who must demonstrate, with clear and convincing evidence, that they deserve to stay," Alpízar emphasized during the broadcast.

The case of Melody González has sparked significant controversy within the Cuban exile community, with some demanding her expulsion due to her past as an oppressor of the regime, while others believe she might deserve a second chance if she can demonstrate a genuine change in her ideological stance.

In December of last year, the former Cuban judge Melody González, remained detained in the United States, as reported by Mario J. Pentón, who also confirmed that the final court hearing would be scheduled for January 21, 2025.

Earlier, in June, she attended her first asylum hearing in the United States, after she arrived in the country with humanitarian parole and the authorities in Tampa denied her entry.

Frequently Asked Questions about the Decision of the Cuban Supreme Court and the Case of Former Judge Melody González

Why did the Supreme Court of Cuba reject to review the criminal case 2/2024?

The Supreme Court of Cuba rejected the review of the criminal case 2/2024 despite acknowledging that Judge Melody González Pedraza committed irregularities during the trial. The court argued that the trial retained its formal legitimacy and that the violations did not undermine the guilty verdict, upholding the sentence with no possibility of appeal.

Who is Melody González and what charges does she face in the United States?

Melody González is a former Cuban judge who is facing a deportation trial in the United States. She is accused of having handed down unjust sentences in Cuba under political pressure, condemning young opposition members in a trial with irregularities. In the United States, she is seeking political asylum while facing accusations of having been part of the repressive apparatus of the Cuban regime.

What actions does the organization Cuba-Demanda plan to take in relation to the case?

The organization Cuba-Demanda, which advocates for those affected by González's rulings, plans to take the case to international bodies such as the Inter-American Commission on Human Rights (IACHR), the European Commission, and the European Parliament. They are also seeking for the U.S. Department of State to include magistrate Rubén Remigio Ferro on the list of individuals ineligible for visas.

What are the possible consequences for Rubén Remigio Ferro, president of the Cuban Supreme Court?

The lawyer Santiago A. Alpízar has suggested that the U.S. Department of State could include Rubén Remigio Ferro and his family on a list of individuals not eligible for visas. The Department of the Treasury has also been asked to investigate potential business connections Ferro may have with individuals in the U.S.

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CiberCuba Editorial Team

A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.