Piece by “El Sexto” (mixed media)
Danilo Maldonado is a Cuban political prisoner who just embarked on the terrible path of committing to a hunger strike. This was confirmed by his family members from Havana late on August 25th.
“El Sexto” (as in “The Sixth [hero]”, referring to the 5 Castro spies who were imprisoned in the United States, and in open mockery of the 6th Congress of the Communist Party) is a restless youth who for months ran Cuban Intelligence ragged in Havana, painting his graffiti art around as he pleased.
The following is a short and intense note posted by Lia Villares today on her blog. She has accompanied him during the months of travail since his apprehension for painting the names “Fidel” and “Raul” on two pigs that he was going to release in a Havana park, as performance art:
From Lia Villares
In a telephone conversation a few minutes ago with Danilo’s lawyer Mercy, she told me that—because she has only been licensed for two and a half months, and is in the midst of family problems—she has “turned over” Danilo’s case to another lawyer.
This Monday when she started work, the first thing she did when she got to the office (at 23rd and G) was to pick up Danilo’s file.
She said she had done everything possible for Danilo, including filing with the prosecutor more than 4 petitions to modify the conditions of release; all were rejected. The last time she went to apply for modification of conditions of release at the Municipal Prosecutor’s office, a prosecutor named Viviana told her that she couldn’t do anything because the file was at the Attorney General’s Office (at 1st and 18th).
She insists she wants to take on Danilo’s defense, because she sees no “crime” in the case, and although Danilo had told her during their last visit (some months back) that he did not want any defense, she still wants to defend him because she also sees no “dangerousness in the act,” which is what they are arguing in denying the modifications she has requested.
“I didn’t want to let go,” she told me in an anguished voice, “and everyone who has come to see me knows that I haven’t stopped doing everything available to me.”
Tuesday I will see her along with Danilo’s mother and take to her the Complaint document prepared byCubaLex, the independent legal counsel office. I delivered a copy of it on Tuesday, August 25 to the Municipal Prosecutor of La Lisa, to the Provincial Prosecutor of Havana, and to the Attorney General of the Republic. I have an acknowledged receipt from each of them. They are required to respond within 60 business days.
The document explains how Danilo’s case ranges from arbitrary detention to the violation of the universal right to freedom of thought and expression, how “due process” has not been accorded him, and how his right to liberty, security, and personal integrity has been violated.
The Complaint is directed to the officials charged with enforcing the law, that they “accept this document, and investigate the facts here reported, and submit the officers involved to criminal proceedings, while restoring the law violated, to avoid the international responsibility of the Cuban state for breach of its obligations to respect and guarantee the human rights of all individuals within its territory and subject to its jurisdiction, without distinction, as affirmed by almost all the relevant international treaties.”
And it further requests his “immediate release as a necessary measure to protect his personal well-being. The precautionary measures requested are raised as necessary and appropriate, according to the truthful information reported and provided in this document.
“The extreme gravity and urgency of this case justifies the need to protect the physical and mental integrity of Maldonado Machado, because of the extreme seriousness of the threat to his freedom and personal safety presented by his arbitrary detention and current imprisonment by the national authorities. The urgency of the measure is clear when we set forth the extremely vulnerable position Danilo finds himself in because of his role as a dissident and defender of human rights.
“It is internationally understood that ‘a person who in any way promotes or seeks the realization of human rights and fundamental freedoms, nationally or internationally’ should be considered a defender of human rights, and that the work of human rights defenders is fundamental to the universal implementation of human rights, and for the full existence of democracy and the rule of law.
“Defenders of human rights are essential for strengthening and consolidating democracies, since the goal that motivates the work is for society in general and seeks to benefit it. Therefore, when a person is prevented from defending human rights, the rest of society is directly affected.”
Translated by Tomás A.