Posted by: Yamil Domínguez | January 27, 2011

The Pitcher Can Only Go To The Well So Many Times Before It Breaks

Written by: Yadaimí Domínguez

Faced with the delay of the Attorney General of the Republic, his refusal to modify the terms of custody and to violate the terms provided in the law, my brother started a new hunger strike on December 30 with only four months of recovery from another that lasted 107 days.

In this he demands a review of his case, seeing how our family has knocked on so many doors and been greeted only by lethargy and deaf ears. Today he claims his freedom to which he has a right, at least until the completion of the process, a change of custody measures.

When we were notified in September by the People’s Supreme Court that the sentence No 120/2010 was annulled and the whole process restarted, Yamil recovered his serenity, having to remain for some time more deprived of his liberty while the Instructor complied with the order from the Judicial Body. It was the middle of October when the case came to the hands of the Instructor and he proved the truth of my brother’s declarations, and so delivered the conclusive report to the prosecutor November 30, saying that the charge that Yamil supposedly entered the country illegally, was based on the argument that he had a flare gun at his disposal which he could have made use of.

On Friday December 3 the Instructor with Yamil and expressed to him that he would be released the following Monday and taken to the legal home of his mother to await the paperwork. While waiting for this to happen, Yamil remained in the same place and the official said he would be released in a week or a week and a half, saying the same thing to the consular officials of the United States Interest Section who visited my brother on December 10.

What happened is that since the beginning of the December the prosecutor had the file of the preparatory phase given to him by the Instructor and until the time there was no pronouncement, when Law 5 (Penal Procedures), in Article 262 gives a time frame for this of up to ten days. On the other hand, the attorney asked for a modification of the custody measures for Yamil and the response of the prosecutor was evasive and without foundation.

The defense was forced to submit to Record of Complaint to the Head of Criminal Procedure of the Attorney General’s Office, with 5 working days to answer, making Tuesday 25 January, the 5th and last day to issue a response.

The Prosecutor, the term implies, should guarantee the legality, however, limiting myself to this case, has been the complete opposite. To commence criminal proceedings, as was done three years ago, under an alleged crime that had no substance and to move it to the courts without objective basis, leaves a lot to be desired. But, he continues in error or perhaps pursuing an objective associated with his apocryphal mistakes, while an INNOCENT man suffer the rigors of an absurd confinement and hunger to demand respect for his rights.

Yes, Yamil is INNOCENT. The flare gun is used to signal that you are in danger and, though my brother was in a similar context, he did not feel unprotected. Despite the horrible weather and sea conditions, he had two sets of GPS equipment that allowed him to orient himself and his vessel had two outboard motors, in perfect working condition. Anyway, this gun is not a used as means to advise that one is entering an international port and his forced arrival for temporary protection (from the storm) exonerates him of any criminal liability, an issue set out in Article 22.1 and 215.2 of our Criminal Code.

The arguments for the innocence of Yamil Dominguez are overwhelming, but Cuba has to justify, before public opinion, the more than three years he has been in prison, so they have no other alternative but to charge him with illegal entry into the country.

Justice should be blind because we all have the same rights and are equal under the law. Unfortunately, many of those responsible for exercising it, remove the blindfold from their eyes and it is, at this exact moment, that they cease to be impartial and give birth to iniquity. Sufficient reasons exist for my brother to be freed. The reasons are obvious and we are confident that the truth will out; the pitcher can only go to the well so many times before it breaks.

January 24 2011

Posted by: Yamil Domínguez | January 14, 2011

Another Letter to the Attorney General

Havana, January 11, 2011

To: the Attorney General of the Republic of Cuba

Allow me to present myself, Yadaimí Domínguez Ramos, resident of Calle 4, No 119 between 1st and 3rd, Playa, City of Havana, I direct myself to you to make you aware of the situation of my brother Yamil Domínguez Ramos, as a result of your criminal process.

On 31 August 2010, the People’s Supreme Court issued sentence 120/2010, which annulled the sentence 549/2008 of the Provincial Court of the City of Havana, as a result of a review and appeal process requested by the First Vice Minister of Justice: Urbano José Pedraza Linares.

The Highest judicial organ of the Republic ordered the process returned to the preparatory phase to widen the investigation with this result: the investigation made the same statement, confirming what Yamil had stated from the very beginning. In early December the Instructor sent the Preliminary Case File No 97/2007 to the Attorney General with his conclusive report for an alleged illegal entry, and at the same time the attorney asked for a change of custody for my brother.

Up to today there has been no pronouncement on the part of the Prosecutor about this matter and what’s worse is that my brother, since December 30, has been on a hunger and thirst strike at the Security Pavilion of the Carlos J. Finley Hospital, demanding a change in his custody status until the process is complete. It is worth considering that the crime with which he is charged has a maximum sentence of three years in prison, and in this case Yamil has been in prison three years and three months in these conditions.

I request your greatest understanding. From the humane point of view, the case demands your attention, dedication and a solution as quickly as possible. Please do not allow irreparable damages to occur to a good man and a good family. With the change in custody, if the paperwork is delayed, more damage can be avoided and time to amend the injustice gained.

In the name of our whole family, and myself, we thank you in advance for your valuable time.

Yadaimí Domínguez Ramos.

January 12 2011

Posted by: Yamil Domínguez | January 14, 2011

Letter to the Attorney General of the Republic of Cuba

For injustice there is only one remedy, and it is not forgetting, but justice.

I, Inés María Ramos Nápoles, a Cuban citizen with ID car No.: 40012108557 and resident of Calle 4 No. 119 between 1st. and 3rd. Playa, City of Havana, put before you my understanding the situation of my son Yamil Ramos Domínguez, a U.S. citizen of Cuban origin, who has been on a hunger and thirst strike since December 30, 2010.

In April of last year we presented an Appeal of the Case to the Ministry of Justice and, collaterally, my son began a hunger strike demanding a review of his case. He abandoned the strike after 107 days following a report by the First Deputy Vice Minister of Justice himself, Urbano José Pedraza Linares, in which he asked for a review by the Supreme Court. Subsequently in August of the same year, the Supreme Court accepted the request, reviewed the case and the sentence (Sentence No, 120/2010) and annulled the sentence and sent the case back to the preparatory phase.

In October, the widened investigation found in Yamil’s favor and closed the report in November on the alleged illegal entry.

Since 6 December, the instructor gave the file preparation phase (EFP: 97 / 2007) to the Prosecutor, requested the change of custody as the attorney representing my son had requested, and nothing was heard from the Prosecutor on this request, up to today, there has been no conclusive report, leading to Yamil being in the position he is now in.

My son is in the Security Ward of the Military Hospital Carlos J. Finlay, where he had recuperated after a long hunger strike.

In essence, Yamil has spent three years and three months in detention, which exceeds the maximum penalty for the crime he was processed for. I hope you have the greatest understanding of this case. I am a sick person, operated on for breast cancer, with high blood pressure, and other illnesses that I must bear with the pain of my family and I and the situation of my son. It is noteworthy that in the first seven days in the hospital he received no medical attention.

After only four months of recovery he has taken this position because he was not even granted the change of custody measure allowing him to stay in the legal residence where I reside until the end of this process, and so to avoid irreparable damage.

There is no reason to justify Yamil’s staying one minute longer in the Pavilion of the Security Hospital.

I am desperate, please listen to me and to avoid greater evils.

María Inés Ramos Naples.

Signed in Havana, this 7th day of January 2011.

January 10 2011

Posted by: Yamil Domínguez | January 5, 2011

Hunger and Thirst Strike

Since December 30 Yamil has been on a hunger and thirst strike, to demand his freedom, and that they comply with what was established in the criminal procedure law, in the last correspondence. It is illegal that he is still in prison. We are presenting a writ of Habeas Corpus.


Posted by: Yamil Domínguez | November 17, 2010

Approval of Contract in National Currency

Posted by: Auto Post | November 17, 2010

Status Update: Good News About A Lawyer

37 minutes ago: The Directorate of National and International law firms approved a defense contract for Yamil in national currency.

32 minutes ago: Yamil now has legal representation, who will defend him during this period. Yesterday on our visit we told him the details of this good news.

29 minutes ago: We are content and a little calmer. Yamil’s attorney will ask immediately for a change in his detention status [request house arrest during the appeal]. All we can do is wait…

Posted by: Yamil Domínguez | October 10, 2010

HONOR TO HIM WHO DESERVES IT

THE CONSULTATION

HONOR TO HIM WHO DESERVES IT

Wilfredo Vallín Almeida, 27 September 2010, La Víbora, Havana

Since launching this section, The Consultation in the Digital Spring, we have received a great number of communications in different ways. Many of them from people with different types of problems: from a housing issue to police harassment, from threats based on gender to people condemned to twenty or thirty year sentences for both common and political reasons.

The sad — and unusual — thing is that often the problems are created because they were given the wrong advice from the legal standpoint by… the authorities of this country. And, in these authorities we include the police all the way to the courts and even higher.

Furthermore, we are showered with questions that are also very different. We try to help in specific cases of legal problems and to answer questions, always in accordance with our knowledge and the legal information at our disposal, both of which don’t always cover the entire spectrum of the inquiries.

In this situation, the great majority of problems that come to us are that, PROBLEMS. Thus, they represent, to us, a great satisfaction when we what we can communicate is not a problem but a SOLUTION that can be given to… the appropriate authorities.

For more than a year, in this same column, we have published a case titled “It Being Proved That.” I am going to reproduce a brief fragment of this to set the stage for the reader.

“…I have before me a copy of the record of Yamil Domínguez Ramos, U.S. citizen (Cuban law does not accept double citizenship), with the Sentence No. 3 of 13 January 2009 of the Supreme Court, that was sent to me by his family and where his appeal for a violation of the law and the ratification of his ten-year sentence was dismissed, and if you read carefully the entire history of this case… it is far from being absolutely clear that anything was ‘proven’.”

Before our involvement, and in a supportive action that we had not seen before, a large group of people within civil society decided to help Yamil and his family and started a beautiful campaign for his release, added to which was a brave hunger strike launched by he himself, leading eventually to a letter from the First Vice-Minister of Justice directed to the appropriate court.

To our immense satisfaction, the letter is completely in line with our own appraisal of the case and does proper justice to the case of Yamil Domínguez. Given this case, we were sure that the courts involved would review the investigative phase of the case, to the benefit of, and justice for, the accused.

It’s possible that we do not agree ideologically with the First Vice Minister of Justice, but in the same way that we bitterly criticized this entire unjust and arbitrary action on the part of the authorities, it is also our duty to acknowledge every just act on their part, and with regards to the First Vice Minister, we do so in this case.

Honor to him who deserves it, as we were taught by the greatest of all Cubans.

With regards to the person of this Vice Minister we offer our acknowledgment for her civic valor and her actions upholding the law. It is an example of what we always ask from the authorities: to act in strictest conformance with the law, without distinction with regards to persons, because we are all equal under the law according the Constitution of the Nation.

And for Yamil, his family and all who desire good (because this is a formidable young Cuban), and who are delighted, our congratulations for your happiness, which is also ours.

vallinwilfredo@yahoo.com

Posted by: Yamil Domínguez | October 8, 2010

Request For A Change in Conditions of Confinement

Havana, October 5, 2010

“Year 52 of the Revolution”

A: Head of Villa Marista

I, Inés María Ramos Nápoles, ID#: 40012108557, resident of No, 119 4th Street between lane 4 between 1st and 3rd. Miramar, Playa, Ciudad de La Habana, and mother of a U.S. citizen of Cuban origin Yamil Ramos Domínguez, am writing to ask you, as a mother, that my child be allowed to stay in my legal residence, during their process. [Translator’s note: that is that he be allowed out of prison on bail or personal recognizance.]

Yamil was arrested at the Marina Hemingway international port on October 13, 2007, on his way to Cancun, in his own boat, with all the documentation. On his journey he found that bad weather forced him to pull into that port.

Throughout the process there have been a number of inconsistencies, driving my son to undertake a prolonged hunger strike, whose aim was only that you review the case.  As a family, we present the Petition for Review before the Ministry of Justice, also supported by the first vice minister. The People’s Supreme Court (TSP) annulled Yamil’s sentence in its opinion 120/2010 (copy enclosed). [Translator’s note: The Supreme Court voided the conviction weeks ago, but under Cuban law he was not immediately released; the government is searching for “more evidence” to re-convict him, and meanwhile he remains in prison.]

During this entire period, we were forced to pay for our request for an appeal process and review in national currency, as we previously paid for the initial legal service and the first appeal in freely convertible currency. Today I need to contract with the lawyer to ask for a change of precautionary measure [that he be allowed out of prison], but we have no freely convertible currency and we have been refused a contract in national currency.

As a woman, as a Cuban, as a mother, I beg a precautionary measure change for my child, so that he can stay in our home until the end of your process, especially taking into account his personal condition, his family’s character, and the mistakes in the process. At this time there no charges against him, according to Case 120/2010 of the Supreme Court, and it is, thus, not just to continue deprived him of his liberty, when he could stay with his family in Cuba, and taking into account the principle in law: Everyone is assumed innocent until proven otherwise. On the other hand, we fear he will return to the hunger strike if this process is delayed and does not reach closure.

Please, I ask desperately as a mother, I am ill and still suffer from all that has happened to my son. I would like you to personally pay attention to my plea, and to take into account the Judgment in making a determination, as this pronouncement expresses an obvious injustice against Yamil.

Currently my son is in the Carlos J, Finlay State Security Hospital. He is will cared for but his unjust imprisonment continues. Unable to contract for legal services in National Currency to request for a change in his confinement, I turn to you for it. Please hear me. With your approval, Yamil can stay in our home, compensating, to some extent, for the injustice committed against him.

Hoping for your understanding and prompt response.

Sincerely,

Inés María Ramos Nápoles

C.C: Council of State.

Posted by: Yamil Domínguez | October 6, 2010

Letter to the Department of State Security

September 23, 2010

“Year 53 of the Revolution”

To: Department of State Security

By this means, I Yadaimí Dominguez Ramos, a resident of Calle 4 No. 119 between 1st and 3rd, Miramar, Playa, Ciudad de La Habana, need to inform you of the situation of my brother Yamil Ramos Domínguez, U.S. citizen, who, after the 120/2010 Judgment of the Supreme People’s Court ruling annulling his sentence, and is still deprived of his liberty pending a reinvestigation.

The delay in the case of Yamil Domínguez, a sui generis case, which ignored all of his civil rights and the Constitution of the Republic, is inadmissible. Behind bars should be those criminals, not those who for political reasons, abuse of power, lack of knowledge of the laws and/or poor interpretation of them and for the worst reasons of a human being — envy — acted in bad faith and in their actions, ridiculed the judicial system and the image of fairness preached by the Cuban State. On 13 October my brother will have served three years of unjust imprisonment. A man who did not impair the security of this country, nor intended to do so. He entered Cuban territorial waters, going directly into an international port, with all documentation in order and under adverse weather conditions, because he cold not avoid it. Furthermore, as stated in his report, the First Deputy Minister of Justice, Yamil offered no danger if you take into account his constant trips to the country, four of them via Cancun, a key issue that should have been considered when confiscating his own boat, which occurred three months before trial. This savagery is significant, because clearly it was the intentions of the Organ of State Security, as it were, to punish Yamil before he even appeared at trial.

From the start of this tragedy, we went to each and every one of the bodies of the country, and most often to the Ministry of the Interior, but only found deaf ears, which at that moment could have prevented things from reaching this point, compromising the prestige of the judicial system. Excellent work has been done by the Ministry of Justice, following the present Request for Review of the case, particularly the report of the First Deputy Minister, to promote such review. Also worth mentioning the work of the Criminal Division of the Supreme People’s Court in Case 120/2010.<

Today Yamil Domínguez remains in the hospital ward of the Military Security Carlos J. Finlay, after a hunger strike that lasted 107 days and which he was forced to take in the face of the silence and the nerve of all those responsible for the unjust imprisonment, and the cynicism of those who attended our claim, without flinching before the obvious injustice.

He suspended his strike only when he began to see the first steps of the desired Justice in the aforementioned report of the first deputy minister. Yamil still continues today in prison, while the Ministry of Interior seeks and tries to glean some information which may destroy his innocence. We fear that he may begin again to reject food, given that according Judgment 120/2010 the charges against him were to be dropped but he has had to remain in prison, deprived of all his rights, when he should at least be on our home until the end of the court  process.

When a family continues down the path without tiring, exhausting each and every one of the domestic courts, when deciding to make public internationally the vile fact, when a young person is forced to undertake three hunger strikes, on the final one deciding to go all the way, then the least we deserve is respect and, on the basis of this, that the case be decided on its merits. Yamil is an educated man, honest, principled and with values, which has earned him the admiration of those who have had the opportunity to meet him. Others, who do not know him directly, also appreciate his personality and conviction, and have offered to fight from their position, for truth and justice.

This case has been politicized from the beginning and manipulated in the court, where we never imagined that the fraud and lies  would get so out of hand. Now the Supreme Court gave the opportunity to the Ministry of Interior to "solve" what should have been done three years ago. Hopefully those in charge of the case will not make the same mistakes as those made from the first, and will recognize the flagrant injustice that was committed against Jamil and, consequently, his family and thereby clean up the image of the organization they represent.

Our great thinker, José Martí, said, "Give in to justice and the unjust will just fall away." From such a beautiful thought, we can say that Yamil will recover his freedom and all that he was forced to lose, but it is necessary to hurry because time is the only thing that he will never recover. We only hope that a wide investigation would lead to the conviction of the unforgivable mistakes of the perpetrators of such hideous injustice, while a good man continued to be deprived of the beauty of life. The extended time will only serve to distort the truth and fall into the same vacuum and fraud already incurred over this entire time.

Yamil is not alone. Thousands of people are with him. The more his imprisonment is prolonged, the more people will join us. Today we have the valuable opinion of the People's Supreme Court, aided by the Ministry of Justice. The TRUTH is one and is with us.

"In justice allow no delay: whatever impedes its completion, turns against itself."    José Martí.

Yadaimí Domínguez Ramos.

Posted by: Auto Post | September 22, 2010

Supreme Court Annuls Yamil Domínguez’ Sentence

Translator’s note:

Stand by for more news.

Here is a link to the blog in Spanish with the court ruling.

As of now — midday on 22 September — Yamil remains in prison.

« Newer Posts - Older Posts »

Categories