Report on Proceedings Derived from the Riots of July 11th, 2021
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The General Attorney Office of the Republic reiterates that it will act in accordance with the constitutional mandate, within the legal framework, in accordance with due process, the protection of the interests of the State and respect for the rights of all citizens.
For the General Attorney Office of the Republic, it’s a duty to continue informing the people and international public opinion about the legal response given to the serious events that took place on July 11th, 2021, which threatened the constitutional order and stability of our socialist State.
As explained, these events occurred in a particularly complex context of the global economic crisis, exacerbated by an unprecedented pandemic that took the lives of many Cubans, and the intensification of the economic, commercial, and financial blockade of the United States government against our country, which continues trying, unsuccessfully, to destroy the Revolution.
In a trending manner, the manipulations and opinion matrixes continue, which seek to accuse Cuba of human rights violations, trying to brand as unlawful the criminal trials initiated to investigate conducts constituting a crime, in accordance with current laws.
The General Attorney Office of the Republic, as part of its mission, verified the compliance with the constitutional rights and guarantees of such process, and controlled the development of the investigations carried out by the bodies of the Ministry of Interior, the right to defense was guaranteed, the lawyers provided evidence and had access to the proceedings.
The Prosecutor's Office received, once the investigation was over, 117 files of the preparatory phase corresponding to the events of greater connotation, with 790 people indicted for acts of vandalism, which were against authorities, people, and property, as well as serious riots. The 21% of these people had prior criminal records.
Of these, a total of 110 files have been presented to courts, with 710 defendants for trial, 69% of them received the precautionary incarceration.
Of the total number of defendants in these files, 115 are between ages 16-20, against whom it was decided to bring criminal action before the courts, due to the seriousness of the acts committed and their proven participation:
There are 55 accused between ages 16-18, of them 28 have been put in precautionary incarceration. Based on the possibilities offered by the law and as a result of the practice of the evidence in the oral proceedings, the acknowledgment of the acts, the repentance shown and the condition of students, the Prosecutor's Office modified the sanction request of 18 of the accused, for others of less severity.
Likewise, 60 of them are between ages 19-20, of these 41 are in precautionary incarceration.
The decision of the Prosecutor's Office to uphold the accusation before the courts, in all cases, was based on the evidence provided, including the statements of witnesses and victims, expert opinion of videos published in different media, which allowed the identification of those accused in acts that typify crimes of public disorder, incitement to commit crime, damages, robbery with force and violence, attack, sabotage, and sedition.
The decision to prosecute for the crime of sedition, although severe penalties are foreseen, corresponds to the level of violence shown in the vandalism that in riots caused injuries and endangered the lives of citizens, law officers, and police members, by attacking them with the use of sharp, blunt, and incendiary objects, with the serious disturbance of public order and the deliberate purpose of subverting the constitutional order.
In different areas, official institutions, hospitals, exchange houses (Cadeca), commercial establishments and fuel stores were stoned; many of them, as a result of the violence generated, were looted and their goods were stolen, causing considerable damage; cars were also surrounded, overturned, and damaged.
The sanctions requested by the Prosecutor's Office are in correspondence with the seriousness of the facts, the level of participation and the damage caused to society.
As a result of the 84 trials carried out, the Prosecutor's Office has been notified of 44 sentences issued by the courts, where 172 defendants were sanctioned, who had the right to establish the corresponding legal appeals.
As for defendants under age 16, in Cuba these are not subject to Criminal Law. In the investigations, the participation of 27 was verified, to whom the established legal procedure was applied: 10 were taken in comprehensive training and behavior schools, for participating together with adults in the aforementioned acts; 17 were given the measure of individualized attention at the school within the Education System where they were studying.
The Prosecutor's Office, in accordance with its constitutional function, heard 508 citizens who requested information on these criminal proceedings and processed 238 complaints or petitions. The prosecutors interviewed the people and verified the exposed elements that were contributed to the criminal investigation. The results were explained personally by the prosecutor to the promoters, offering the legal arguments in each case.
The General Attorney Office of the Republic reiterates that it will act in accordance with the constitutional mandate, within the legal framework, in accordance with due process, the protection of the interests of the State and respect for the rights of all citizens.
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