Darsi Ferrer: disappeared in the judicial system
HAVANA, Cuba, March (www.cubanet.org) – What is intended by the Dr. Darsi Ferrer, a human-rights activist declared a prisoner conscience by Amnesty International and recently awarded with the Defenders of Freedom Award by the U.S. government – disappeared into the tangle of the Cuban legal system for eight months, and currently on hunger strike? Could it be that the court did not find a legal way to punish a onvincing manner? Is of inter-judicial punishment of the Castro regime? Or what is aim is to commit a crime in his capacity as illegal prisoner?
The law provides that pretrial detention should only be applied, so exceptional, who supposedly could escape justice (read out of the country), or for serious crimes, and none of the two is the case. Actually no conclusions have been drawn Interim Office of the Prosecutor, so that is not yet defined the procedural object. A context to declare authoritatively still
is not known why Darsi prisoner, even though the instruction injunction decree for crimes of receiving and attack a neighbor, who allegedly sent threatening phrases.
The family has sent complaints to the Deputy Attorney General of the Republic, and the defense has submitted three applications for change of measure. The uncertainty overwhelms family and friends, given the dangerous environment surrounding the activist doctor.
The defense, in a last request for a change of measure (the fourth),
plotted accurately points out that the current state of immobility in
is the process that breaks the legal terms to the detriment
of the essential guarantees of the accused:
A. The preparatory phase ended in September last year, more than six months. Since then the case has shifted from the prosecution October 10th Municipal Provincial Court, and thence to the Attorney General but so far none has been adopted variants under Article 261 or 262 of the Act Criminal Procedure: removal, dismissal or presentation to Court, after making tentative conclusions. The terms to apply both rules of law are overdue. It has not happened so far anything new in the process. A breakdown of legal terms violates the principle of legality.
B. On another subject, was presented on 29 October 2009, at the Provincial Prosecutor’s Office a letter of request for change of measure precaution, and it was not until 7 December of that year, 39 days later reported that the order refusing “signed on 13 November 2009 “, when I was in regular telephone contact with the prosecution, and had not yet declared their position. However, Article 251 of procedural law establishes maximum for 5 days
resolve this matter.
C. Instruction 133-88, the Governing Council of the Supreme Court People, places on the need to prioritize the processes accused in custody, reaffirming the principle of speed or “prompt justice” without doubt one of the essential guarantees of process. Unfortunately in this case was not the case.
“Darsi Ferrer is being held for six months (plus two in instruction, 8 months in total), without having defined its position, results based on grounds wholly unnecessary to continue keeping them in prison, while the process continues to dilate unjustified, “concluded the defense. It’s time for prosecutors and judges resign from the accomplice and handling aware of the responsibility for his actions, a responsibility that involving journalists in the official program Mesa Redonda, and other Yeomen of the paroxysm Castro.
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