In Cuba, publishing videos against the government, questioning the Communist Party, and denouncing the actions of the Police can lead to criminal charges. This is precisely what the human rights organization Cubalex reports after analyzing the case against the young creators of El4tico, for whom the prosecutor of the Cuban regime is seeking sentences of eight and ten years in prison.
Ernesto Ricardo Medina and Kamil Zayas Pérez have been imprisoned since February 6, 2026. Their work involved producing independent audiovisual content that addressed the economic, social, and political issues in Cuba, questioned the government's decisions, and promoted public debate.
Now, a legal analysis published by Cubalex on October 7 argues that the Provincial Prosecutor's Office of Holguín is using precisely those critical expressions to build the accusations against both young individuals. The organization warns that the process has serious issues related to freedom of expression, the principle of legality, and discrimination based on political opinion.
The provisional conclusions from the Prosecutor's Office are dated September 15 and request eight years of imprisonment for Medina and ten for Zayas. As CiberCuba reported on October 2, the Provincial Court of Holguín ordered the opening of an oral trial. The requested sentences do not yet constitute convictions.
The regime turns political criticism into evidence of crime
One of the most concerning aspects of the case is the use of videos published on Instagram, Facebook, and YouTube to support the charge of propaganda against the constitutional order.
According to Cubalex, the Prosecutor's Office deems relevant for the charges the posts in which members of El4tico questioned the Cuban reality and the political structures that govern the country.
The organization argues that expressing opinions contrary to the political system does not, by itself, constitute criminal propaganda. Criticizing those in power, reporting social issues, and disseminating political opinions are manifestations of freedom of expression, even when they are uncomfortable for the authorities.
The analysis further questions the Prosecutor's Office using the public nature of digital platforms as a circumstance to exacerbate the criminal response. Under that reasoning, the reach of the publications could be used to justify a harsher punishment against those who manage to spread their criticisms.
The file also includes references to questions regarding the Communist Party of Cuba and the contacts young people have with opposition figures in exile. Among the individuals mentioned in the previous coverage by CiberCuba are Yunior García Aguilera, Carolina Barrero, and Amelia Calzadilla.
Engaging with opponents, disagreeing with the official narrative, or questioning the Communist Party does not, by itself, constitute a crime. For Cubalex, presenting these circumstances as incriminating elements reflects an use of criminal law against dissent.
Criticizing the Police is also part of the accusation
The second criminal offense questioned by Cubalex is defamation of institutions and organizations and of heroes and martyrs.
The accusation includes critical expressions from young people regarding state institutions and the actions of the National Revolutionary Police (PNR), one of the main bodies used by Cuban authorities to exercise internal control.
Cubalex's analysis warns that turning these criticisms into criminal matters restricts citizens' right to hold authorities accountable and demand responsibility for their actions.
Questioning a public institution does not automatically equate to defaming it. For the organization, the Prosecutor's Office must demonstrate the concrete elements of any alleged crime and cannot simply punish political expressions that contradict the official version.
This distinction is particularly relevant in Cuba, where the Communist Party holds the constitutional monopoly on political power and independent media operate under strict restrictions. The case of El4tico once again highlights the consequences that one may face when deciding to engage in citizen journalism or political criticism without submitting to the State's narrative.
An accusation of instigation that Cubalex deems inaccurate
The third crime attributed to the members of El4tico is incitement to commit a crime.
According to the account from the Prosecutor's Office reviewed by Cubalex, the youths allegedly urged members of the Revolutionary Armed Forces (FAR) and the Ministry of the Interior (MININT) to seize power in order to change the constitutional order.
However, the organization identifies a significant legal deficiency: when formulating the accusation, the Prosecutor's Office invokes Article 268 of the Penal Code without sufficiently clarifying what specific crime the accused would have incited others to commit.
For Cubalex, it is not enough to attribute political expressions to the accused. It is necessary to identify the criminal conduct allegedly promoted and to demonstrate that the elements required by criminal legislation are present.
The questioning is especially serious when the accusation could result in up to a decade of imprisonment.
In statements collected by Martí Noticias on October 8, Cubalex emphasized that the process is an example of the criminalization of freedom of expression and persecution against independent creators.
Eight months imprisoned for a case that human rights organizations consider repressive
Medina and Zayas were arrested on February 6 in Holguín during operations by State Security and the Police. During searches of their homes, technological equipment used to produce and disseminate content was seized, including a computer, a camera, and phones.
Since late March, they have been held in the Provincial Prison of Holguín, after having passed through police facilities.
The reported irregularities began at the moment of the detentions. Cubalex questioned the legality of the home searches and noted that the agents did not properly display the corresponding warrant, as well as warning about the lack of procedural guarantees.
In August, CiberCuba reported on a new complaint from Cubalex as both young individuals had spent six months in prison without a public prosecution request or a date set for their trial.
The subsequent presentation of the provisional conclusions does not eliminate the questions regarding the conditions under which they were detained, the prolongation of pre-trial detention, nor the basis for the accusations.
The families of the young individuals have also rejected the criminalization of their work. Mileydis Medina Machín, mother of Ernesto, has publicly defended the critical and peaceful nature of the content produced by El4tico and has questioned whether their contacts with people in exile can be considered evidence of criminal activity.
The true background: the persecution of independent thought in Cuba
The case of El4tico goes beyond the prosecution requests for eight and ten years in prison. It reveals how the judicial apparatus of the Cuban regime can be used to target those who publicly question the power.
Young people did not lead a political party or control a state media outlet. Through an independent audiovisual project, they shared opinions about the country's situation and criticized the decisions of their leaders.
For Cubalex, the penal response to that exercise of expression highlights a much deeper problem: the use of figures from the Penal Code to dissuade criticism and punish the dissemination of ideas contrary to the official narrative.
The reported persecution against El4tico is also part of a pattern of criminalization of dissent documented by Cubalex during 2026, which includes legal actions against citizens for posts on social media and other forms of political dissent.
The right to criticize a government, to denounce its mistakes, and to demand political changes should not lead to a prison cell. This is the fundamental issue raised by the case against Medina and Zayas.
While the judicial process unfolds, both remain in custody. Their families and human rights organizations continue to demand their release and the respect for procedural guarantees.
Prison requests must still be judicially examined. However, Cubalex's analysis already places at the center of the debate a reality repeatedly denounced by Cuban activists: under a system that does not tolerate organized political opposition or independent scrutiny, even a critical video can become the basis for a request for years in prison.
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