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    New Accusation of Assault / Angel Santiesteban

    New Accusation of Assault / Angel Santiesteban
    Angel Santiesteban, Translator: Unstated

    Photo of a fragment of a document from the file of Ángel
    Santiesteban-Prats where you can read at the end in a handwritten note:
    "Case of interest to the Minister." Refers to General Colome Ibarra.

    Cuba's totalitarian regime treats Defense Attorneys as unwelcome to
    those who have no choice but to endure them for sake of pretending, in
    the face of international public opinion, that they really have a
    judicial system capable of protecting the basic rights of the Accused
    before trial.

    In the course of the investigation, the Accused is never allowed the
    presence of his Representative, and receives the file when it is already
    accomplished fact, nor is he allowed to demand any legal presence or
    advice during this important time of intense interrogations and abuse by
    the investigators.

    On August 5th my former Attorney submitted a complaint to the Director
    of the Collective Law Offices of Carlos III where she cited, with a copy
    to the Minister of Justice, the police pressure against her, and the
    complete lack of ethics and the audacity as they tried to involve her in
    the charges against me.

    Finally, I had to accept a change in my Legal Representative, and sign a
    new contract for my defense.

    The Attorney's next step is to locate the file and enter his legal
    paperwork to be acknowledged as Attorney for the Defense. As required by
    his work, my representative presented himself on several occasions at
    the Picota police station, and after a great deal of evasion, someone
    let slip the secret that the file, as so often since I was at the
    Provincial Court, could be found at Villa Marista, headquarters of Cuban
    State Security.

    My Attorney started to call this headquarters and, of course, they knew
    nothing of this file, so he had to return to the Picota station and
    continue pressing them to locate the file. After talking to the chief of
    investigations, he was assured that this person had delivered it,
    personally, to an official named Oscar, at the Department of Special
    Cases at Villa Marista.

    In several calls that the Attorney repeatedly made to Villa Marista,
    they told him there was no official there named Oscar, finally allowing
    him to investigate the file in person. And after several hours at Villa
    Marista, they informed him that the case was already submitted to the
    Provincial Prosecutor, where he immediately presented himself. After two
    days of insisting, they called him to make an appointment and finally
    agreed to enter his paperwork for representation and to allow him to
    study the file.

    I will not report all the violations committed in this case, because
    every time I make public a transgression of the law, they invent a
    justification and resort to any artifice, thus worsening the crude
    process and my condition as the Accused.

    On the charge of Attempted Murder, they still haven't managed to create
    every detail and have had to lower it to a charge of Injury. I am not an
    Attorney and I can't understand the legal codes, but it's easy to intuit
    their sleight of hand to associate me with some immoral crime.

    To prove that these accusations have no other purpose than a
    manipulation by the State in order to pressure me and to convince me
    that I should remain silent in my , I have the three "witnesses" of
    the Prosecutor: two are my ex-partner who exhibits various unforgivable
    errors to her credibility, and a friend who contradicts herself within
    the same statement; and the other. supposed to be the most important,
    agrees to record a video detailing the gifts my ex has given him and the
    pressures of the investigators to make a declaration against me, which
    debunks the arguments of the plaintiff and destroys the evidence of the
    Prosecutor who should, out of self-respect, drop the charges.

    But, on the contrary, they prefer to keep pushing and making themselves
    ridiculous despite everything, so they sent the file back to criminal
    investigation and there they came up with the idea of another accusation
    to try to discredit the video of the witness, and that forced them to
    lodge against me a new charge of "Assault." Of course, again I am a
    ghost they can make and break without anyone seeing me. At times I feel
    like they have confused me with Batman.

    The experts have ruled that: "In the video there is no evidence of any
    threatening pressure on the 'witness,' who speaks with total , he
    was found in his house, he made the film on different days, and he
    delayed months in denouncing the supposed threat," and in addition,
    Captain Amauri Guerra Toyo is advised to delve into the characteristics
    of the witness.

    Moreover, in an attempt to undermine my credibility, the remember I
    posted to my blog when they sent me to the Psychiatric
    (Mazorra), and that when I told the doctors my name they asked me if I
    was the writer, and began to talk to me about literature and comment on
    my books. Then I took off without knowing their professional
    determination about me, and now there is a certificate in the file where
    they certify that I do not have any mental disorder.

    So now the Prosecutor will issue a new petition to be added to those 15
    years deprivation of liberty that were hanging over me before.

    In this new revision of the file, which my previous lawyer had already
    shown me and of which I was able to take photos, the statements do not
    match, they have been altered to sharpen the opinion of the Investigator
    Amauri Guerra Toyo, whose role as an agent of the prosecutor and whose
    lack of impartiality is evident at all times. With crude maneuvering, at
    the end of the statements, you can easily see that there is a period,
    and next to it is added a comma and words that I never signed to, which
    occurred in front of my former lawyer.

    The malfeasance of Captain Amauri Guerra Toyo in his work as an
    investigator has been based on a looking for some possibility to connect
    me to the events they charged me with, which, after almost two years,
    has failed. In addition, the truth cannot be covered over with lies,
    adding to his ineptitude as an investigator, his lack of rigor and
    training in policing, ethics, humanity and culture. On several occasions
    he called me "synical" and made various spelling errors such as: "kame"
    for "came," "sertainly," and "bicit" for "visit," just to mention some
    of the most aberrant.

    When my Attorney decided to publicly release the proofs of fraud and
    falsification in the file itself, he delivered compelling evidence that
    once more disproved the accusations.

    On occasion, my Attorney could not help but smile without hiding the
    pain caused by so much injustice. He assures me that just one of the
    charges against me is sufficient to be in preventive custody, but the
    Prosecutor, knowing he possesses no proof against me, has preferred to
    let me remain out on bail.

    The Attorney is certain that at the trial my innocence will be obvious.
    But we must be aware of where we are living, the rigged processes of
    these 53 years which the brothers' government has accustomed us
    to. What a horror we have lived through! We know that to punish the
    voices and the acts that put their power in danger, they have armed the
    worst circuses. Just to name a few, I remember when they executed by
    firing squad a "Hero of the Cuban Republic," as General Ochoa was. They
    have shot their ministers, others have died in in mysterious
    circumstances, people such as General Jose Abrantes, Minister of the
    Interior, killed only to benefit the Government by sealing a cave full
    of dates, details and facts about the Cuban leaders and their families.
    And just to site one of the latest and most scandalous sentences, that
    of the Spanish Sebastian Martinez Ferrate, for making a
    documentary on child prostitution in Cuba.

    So, then, what confidence can I have in a process rigged by this
    Government ruling over the island? What guarantees do I have when facing
    a Court that openly responds to the orders and designs of the State?

    Answering these questions fills me with uncertainty. I cannot guess
    though I can intuit the probable. I just have to accept and face my fate
    with dignity. Of course, I can respond by the acts of which I declare
    myself totally conscious:

    I declare myself guilty of being the author of this blog, The Children
    Nobody Wanted, and for this I will answer before God and my time.

    Ángel Santiesteban-Prats

    October 2 2011

    http://translatingcuba.com/?p=12016