"We are at God's mercy as human justice eludes us," laments José Fernández, a Cuban father whose son has been incarcerated in Mexico's Santiaguito prison for over a year. Although technically his stepson, José raised him from the age of one and a half, and considers him his son.
His son, Néstor Damián Gámez González, has been behind bars for 17 months following a dispute with a family court judge over visitation rights to see his child, whom he shares with a Mexican woman from whom he is divorced. She accused him of sexual abuse after their separation.
The ordeal began when Néstor Damián approached a Toluca court to request visitation rights. In response, his ex-wife physically assaulted him and his mother, leaving his mother injured and hospitalized. This incident went viral in Mexico, leading his ex-wife to file a sexual abuse complaint against him.
At the time, Néstor Damián was legally employed as a manager at a Coppel store in Mexico. However, the judge ruled that, as a foreigner, he might flee, and due to the serious nature of the allegations, ordered his imprisonment despite a lack of evidence beyond his ex-wife's accusations. His established residency and steady job in Mexico were not considered sufficient to prevent his detention.
This Tuesday marks 17 months since Néstor Damián was jailed. Following his arrest, another case for attempted extortion was opened against him. What was initially preventive detention has now become indefinite incarceration with no trial date in sight. Although there was an offer to plead guilty to sexual abuse in exchange for a reduced sentence, Néstor Damián insists on his innocence and has refused the deal.
Instead, he has founded an association to challenge the judicial system in Mexico, demanding fair justice. He is joined by 63 other inmates who claim they are imprisoned on trumped-up charges and fabricated cases.
José Fernández, despite holding Mexican citizenship, left Mexico for the United States to afford the weekly extortion demanded to keep Néstor Damián safe in prison and cover legal defense costs. Meanwhile, his wife and Néstor Damián's mother remains in Mexico, hiding due to fears for her life. She is a crucial witness against her former daughter-in-law, who not only assaulted her in court but also accused her son of sexual abuse.
The family, who left Cuba in search of a better future, has been torn apart for two years.