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The Cuban exile Maylen Díaz Delgado, one of the participants in the protests on July 11, 2021, denounced that the Cuban justice system has left her daughter unprotected, a victim of ongoing sexual abuse by her own father.
In a video posted on Facebook, Díaz Delgado reported that the attacker—convicted in 2019 to four years in prison for sexual offenses against the minor—could regain his parental rights three years after serving his sentence, according to a ruling issued in 2023 by a court in Camagüey.
"The Cuban judicial system has allowed the perpetrator of my daughter, after serving his sentence, to regain parental rights. This means putting her at risk once again," he stated.
The mother asserts that this decision contradicts what is established by Cuban law itself.
Both the Penal Code and the new Family Code, as well as the Constitution of the Republic, establish that those who commit sexual offenses against minors must permanently lose parental responsibility.
The feminist platform Yo Sí Te Creo Cuba supported the complaint and reminded that Article 43 of the current Penal Code on the Island establishes the permanent loss of parental authority in these cases.
At the same time, Articles 190 and 191 of the Family Code reinforce this provision, while Article 86 of the Constitution ensures that the best interests of the child must prevail in all judicial actions.
"Relaxing these legal norms opens the door to the revictimization of girls, boys, and adolescents," the organization warned.
Since her departure from Cuba, Maylen Díaz has encountered a path full of obstacles: difficulties in obtaining medical evidence, refusals to hire legal representation, and, above all, an institutional silence that has hindered the reopening of the case.
"I have knocked on doors both inside and outside of Cuba to have the sentence reviewed, but the response is always evasive," he lamented.
Díaz Delgado demands that the principle of the best interest of the child be respected and that the rulings that contradict what is stipulated by law regarding child protection be reviewed.
To this end, he addressed a letter to the Supreme People's Court, the Council of Ministers, and the leader Miguel Díaz-Canel, requesting a review of the ruling.
The complaint was disseminated by the Gender Observatory of the magazine Alas Tensas (OGAT) and has received support from Cuban feminist organizations, which reiterated their willingness to provide legal and psychological assistance to mothers and families facing similar situations.
In exile, Díaz Delgado has also faced other issues. Recently, the Citizenship and Immigration Services (USCIS) dismissed his asylum application and informed him that the next stage will be a “credible fear” interview, a procedure that could lead to his deportation.
Frequently Asked Questions about Reporting Impunity in the Cuban Judicial System
What does Maylen Díaz Delgado report about the Cuban judicial system?
Maylen Díaz Delgado reports that the Cuban judicial system allows her daughter to remain unprotected from her sexual aggressor. Despite the fact that the minor's father was convicted of sexual abuse, the court in Camagüey ruled that he could regain his parental rights, contradicting the provisions of Cuban laws that establish the permanent loss of parental authority in cases of sexual offenses against minors.
What does Cuban law establish regarding parental authority in cases of sexual offenses?
The Cuban law states that those who commit sexual offenses against minors must permanently lose parental responsibility. Both the Penal Code and the new Family Code, along with the Cuban Constitution, reinforce this provision, ensuring that the best interests of the child prevail in all judicial actions.
What has been Maylen Díaz Delgado's process of reporting from her exile?
Since her exile, Maylen Díaz has faced numerous obstacles to reopen her daughter's case. She has encountered hurdles in obtaining medical evidence, has struggled to hire legal representation, and has faced an institutional silence that prevents the review of the ruling that contradicts what is stipulated by law regarding child protection.
Which organizations support the complaint of Maylen Díaz Delgado?
Maylen Díaz Delgado's complaint has received support from Cuban feminist organizations. The feminist platform Yo Sí Te Creo Cuba and the Gender Observatory of the magazine Alas Tensas (OGAT) have extended their support, reiterating their willingness to provide legal and psychological assistance to mothers and families in similar situations.
What is the current immigration status of Maylen Díaz Delgado in the United States?
Maylen Díaz Delgado faces possible deportation from the United States following the dismissal of her asylum request. She is currently awaiting a "credible fear" interview, a process that could determine her deportation, which presents an alarming situation for her, as she has publicly expressed her fear of returning to Cuba.
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