Cuban content creator Anna Sofía Benítez Silvente, widely recognized online as Anna Bensi, has been placed under house arrest following charges brought against her on Wednesday.
Bensi faces allegations of co-authoring alleged offenses involving "acts against personal and family privacy, another person's image and voice, identity, and data." This information was shared by her sister, Elmis Rivero Silvente, with the independent media outlet CubaNet.
Both Anna Bensi and her mother, Caridad Silvente Laffita, are under the same criminal investigation for identical charges.
Summoned by Authorities
According to reports, Bensi was ordered to appear at 2:00 PM at the 27th unit of the National Revolutionary Police in Alamar, Havana.
Prior to this, she had revealed in a Facebook video that the summons was delivered to a family member and that she was formally required to testify in connection with the accusations against her mother. However, she claimed the official reason was merely a pretext, and the true motive was already public knowledge.
Context and Background
Her sister explained that the decision to impose house arrest places Anna Bensi in the same legal situation as her mother, who had been summoned on March 11 and interrogated by multiple State Security officers.
Caridad Silvente described the March 11 encounter to CubaNet as "horrible," stating that during the interrogation, officials threatened her with a potential five-year prison sentence and questioned her for allowing her daughter to post allegations on social media.
Origin of the Accusation
The charges against the mother-daughter duo stem from the recording and subsequent online dissemination of a video showing two plainclothes men delivering an official summons to Caridad Silvente. Authorities argue that one of those men, identified as Yoel Leodán Rabaza Ramos, an officer of the Ministry of the Interior, felt threatened after his identity was revealed.
The family's account suggests that Caridad recorded the video, and Anna Bensi posted it online, leading to their joint prosecution for the same alleged offense.
Legal Disputes and Judicial Transparency
The legal proceedings also bring forth a debate over the legitimacy of the procedure itself. Caridad Silvente's lawyer, Roberto Ortega Ortiz, filed a motion with the Prosecutor's Office requesting the case's dismissal.
In the document, cited by CubaNet, the lawyer argued that article 394.1 of the Cuban Penal Code mandates that such crimes, like defamation and slander, must be pursued by the aggrieved party through a lawsuit and not by a complaint, suggesting the case was wrongly initiated.
The same document also suggests insufficient evidence to support the case. The lawyer contends that the subjective elements of the alleged crime have not been demonstrated, and since the crime requires a lawsuit, the burden of proof lies solely with the purportedly aggrieved individual.
The defense believes these procedural requirements are being blatantly violated by the police investigation.
Anna Bensi herself had previously anticipated receiving a summons. In a video, she stated that the State Security's method to bring her to the police station was through the case against her mother. She interprets this legal action as a means for authorities to pressure her due to her social media activism.
Understanding the Legal Case Against Anna Bensi
What are the charges against Anna Bensi?
Anna Bensi is charged with co-authoring alleged crimes involving privacy violations, misuse of another person's image and voice, identity theft, and data misuse.
Why was Anna Bensi placed under house arrest?
Anna Bensi was placed under house arrest as a precautionary measure while facing charges similar to those against her mother, involving alleged violations of privacy and identity rights.
What is the legal argument against the charges?
The defense argues that the charges require a lawsuit by the offended party and not a complaint, as per Cuban law, and claims there is a lack of evidence to support the accusations.