Independent journalist Henry Constantin finds himself in preventive detention in Camagüey as he faces allegations of supposed disobedience. His defense team protests that they have yet to review the case file or file an appeal against this measure.
On Monday, La Hora de Cuba revealed that a habeas corpus petition was finally submitted on behalf of their director on September 21st at approximately 9:40 a.m. to the Provincial People's Court of Camagüey.
This petition followed several days of efforts by the defense, who still lack access to the case file. According to the publication, this lack of access prevents the attorney from understanding the basis of the charges and filing the appropriate legal motions.
On Monday, the legal representative first went to Villa María Luisa, where she was able to speak with an instructor named Juan Pablo. He informed her that the preventive detention had already been approved and that the case file would be forwarded to the Provincial Prosecutor's Office located on República Street in Camagüey.
The attorney then proceeded to the Prosecutor's Office intending to review the case and understand the basis of the accusation. However, La Hora de Cuba reported that there were no officials available to grant access to the case file there either.
Legal Concerns and Media Reaction
The defense questions whether Constantin's failure to attend a summons could alone justify a charge of disobedience. The publication cited Article 72, section f), of the Penal Procedure Law, which states that unjustified absence from a summons may result in a "fine of up to one hundred quotas, and for a second summons, the individual will be brought in and charged with the appropriate offense."
La Hora de Cuba argues, based on this provision, that the disobedience charge against the journalist is not justified by missing a single summons. However, the defense has been unable to determine the authorities' reasoning due to the lack of access to the file.
An Ongoing Struggle for Information
Constantin has been detained for five days, with difficulties in obtaining information about his status dating back to the start of his detention. On September 17th, after hiring a criminal lawyer for representation, a colleague was sent to Villa María Luisa in the Garrido area around 2:30 p.m. to inquire about the journalist's situation.
Upon arrival, they were informed that instructor Juan Pablo had already left, as he resides in Nuevitas, a different municipality from the city of Camagüey. The same day, journalist Alejandra García, Constantin's partner, attended a prearranged meeting with the instructor but could not find him.
Another officer explained that the investigation was linked to Constantin's decision not to appear at a scheduled summons on September 9th at the Directorate of Identification, Immigration, and Foreigners.
International Reactions to Constantin's Detention
The case has also sparked a response from the Inter American Press Association (IAPA), where Constantin serves as the regional vice president for Cuba on the Press and Information Freedom Committee. IAPA President Pierre Manigault condemned the detention, describing it as "a new and serious episode of harassment against independent press."
Martha Ramos, the president of the Committee, stated that "summonses, detentions, surveillance, and house arrests against Constantin are part of a pressure pattern aimed at hindering his journalistic work."
In light of the situation, La Hora de Cuba has renewed its demand for transparent judicial proceedings, free from obstacles that impede fundamental rights. The publication also continues to call for Henry Constantin's release and an end to what they see as a persecution of independent journalists in Cuba.
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Key Legal Questions in Henry Constantin's Case
What are the charges against Henry Constantin?
Henry Constantin is facing charges of alleged disobedience, reportedly due to his failure to attend a legal summons.
Why is the defense unable to access the case file?
The defense has not been granted access to the case file, which prevents them from understanding the basis of the charges and filing appropriate legal motions.
What is the response of the international community?
The Inter American Press Association has condemned the detention, viewing it as harassment against independent press in Cuba.