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The organization Cubalex published a legal analysis denouncing that the detention of content creator Eddy Ceballos is inherently illegal, as the charge against him—"invasion of military property"—does not exist in either of the two current penal codes in Cuba.
Ceballos, creator of the satirical channel Despingovery Channel, was arrested on June 1st in Havana during a police operation near his home, nine days after publishing a video in which he explored an abandoned military facility with Soviet missiles, radars, bunkers, and rusting war scrap.
In the video, released on May 24, Ceballos described one of the objects found as "an air-to-ground missile from around the 1960s."
The family was notified of an alleged charge of "invasion of military property," but Cubalex points out that this charge does not exist either in the ordinary Penal Code (Law 151/2022) or in the Military Penal Code (Law 163/2023).
"The accusation of a nonexistent crime clearly demonstrates the illegality of Eddy Ceballos's detention," the organization asserts in its report.
Both Cuban penal codes establish that "only those acts expressly provided in them as offenses prior to their commission constitute crimes," and strictly prohibit the use of analogy to create criminal offenses.
The irregularities in the charges are compounded by serious procedural violations: Ceballos has been held incommunicado since his arrest, without being subjected to the charge instruction that criminal procedure law requires within the first 24 hours of detention.
Cubalex warns that "this institutional opacity generates absolute defenselessness, as it makes the exercise of the right to defense impossible," since without knowing the formal charges, it is also not possible to hire legal representation.
The lack of communication also violates section B of Article 130 of the Criminal Procedure Law, which guarantees the accused the right to communicate with family and relatives.
The organization warns that this isolation "creates an environment of helplessness that fosters the imminent risk of being subjected to physical or psychological torture" to force the detainee to self-incriminate.
CubaLex's analysis also questions the responsibility of the State itself: Law 75 on National Defense requires the marking and monitoring of military zones, but the site visited by Ceballos lacked security personnel, operational barriers, or prohibition signs.
"Since there was no visible warning, the citizen had no objective elements to infer that they were entering a restricted area, which eliminates any wrongdoing or criminal intent," concludes the organization.
Cubalex also argues that Article 38 of the Military Penal Code punishes negligence in the service of military authorities, and it was precisely the State that incurred that negligence by leaving the facility unguarded and without signage.
For the organization, "Eddy Ceballos did not commit an act of malicious intrusion, but rather documented the neglect of duty of care on the part of the state administration itself."
The case reached media outlets in the United States in early June and generated significant international attention.
According to a report by Havana Times, Cuban authorities are considering subjecting Ceballos to a military tribunal under the accusation of "revealing military secrets", a charge that could result in up to 10 years in prison.
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