Sunday, January 22, 2012

Wilmar Villar Mendoza: Case Study

Wilmar Villar Mendoza died last Friday at 6:45 pm, according to Cuba’s officials through Twitter, but it is after 8:00 pm when Cuban security agents informed to her widow (Maritza Pelegrino Cabrales) he is dead... two hours ago, and because Jose Daniel Ferrer, a prominent dissident of the group of 75 of the Black Spring of 2003, called her. Jose Daniel knew the bad news from a phone call from Spain.
It is not the first time this story happened in Cuba. Almost 2 years ago Orlando Zapata also died in a very similar situation in Cuba. Neither with Zapata nor with Wilmar, Cuba’s propaganda system said a word before the whole word reacted against the criminal death of both dissidents.
After Zapata Cuban officials began one of the nastiest profanations about a man who died demanding only his recognition as political prisoner. So, we hadn’t to wait too long after Wilmar Villar’s death to catch a glimpse of what will be the line of attack from Cuba’s media, and its agents, through Twitter and internet: from ignoring his name, his delicate conditions in prison and his status as a hunger striker, Cuba’s agents unleashed the well-know lie about being “a very violent delinquent”.
It is the same line since Zapata, and many others: they haven’t been the only ones who died under a hunger strike in Cuba claiming for their rights.
To support that lie, Cuba had came up with one more violation, of many committed by that government in its entire life, showing the following Medical Record:
This Medical Record has the following data:
Date: July 12, 2011
Patient Name: Maritza Pelegrino Cabrales (Wilmar Villar’s wife)
Diagnosis: Internal cut of the lower lip
Observation: Minor lesion
The Medical record doesn’t show neither what the reasons are of that “minor lesion” nor who committed it. And more important is that Maritza had denied, all the time, that this report is about an injure caused by Wilmar Villar.

But more important, Wilmar Villar Mendoza never was accused and never faced a law for any reason involving this alleged document, presented by Cuba’s officials after his death. He was detained in November 14 2011, after he participated in a public and pacific demonstration in Constramaestre, where he was detained, threatened by Cuba’s police to be prosecuted by acts involving the document above exposed which, as I said before, doesn’t show anything.
Just check the dates, because in this case it is important to know how Cuban Security Agency proceed with dissidents.
Date of the Document: July 12, 2011
Date of Wilmar’s arrest: November 14, 2011
His day in Court: November 24, 2011
Expedited, right? This is the way Cubans’ authorities precede when there are dissidents involved in cases like this. But there is something more.
It is important to say Wilmar’s family is a broken family by politics issues, one of thousands in which some members are ferocious partygoers of Castro’s policies and others are not supporters anymore. This is part of the moral and social fractures Castro’s government had done to Cubans. In Wilmar’s case, her in-laws are members of Castro’s Security Agency (we call it G2) meanwhile his wife, Maritza Pelegrino, accompanied her husband's political views.
Now, beyond all this there are many other issues in this case, and really mayor violations committed by Cuba’s government and its officials.

The fact that the alleged document is presented now, after his death, without any court order and without any previous consent of Wilmar’s legal representation, his wife Maritza Pelegrino, the one who is involved in the document, reveals a mayor violation of the International Law about personal privacy. And I want to remember here some International Legal instruments that you can reach through internet:
First.- The Universal Declaration of Human Rights articles 11 and 12, and I quote right now:
Article 11 (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed.
The alleged accusation presented by Wilmar’s in-laws (members of Cuba’s political police or G2) never was presented, and that document never was in court in November 24, 2011 when Wilmar was sentenced by political reasons. So, IT IS CLEAR THIS IS A VIOLATION OR ARTICLE 11 (2) of The Universal Declaration of Human Rights.
But, more important now:
Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Which it means that, the document revealed by Cuba’s authorities is a violation of the International Law again, with the aggravating circumstance that there is no Court of Justice in Cuba who could accept a complaint from Wilmar’s legal representation today: his wife.
Article 17
(1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
(2) Everyone has the right to the protection of the law against such interference or attacks.
It is pretty clear here that what Cuba’s officials had done is “interference” and an “unlawful attacks on” Wilmars honour and reputation... when he is already death. Isn’t it atrocious?
Moreover, his wife doesn’t have any possible way to reach Cuba’s media, newspapers and journalists to make this case clear, and I don’t even dare to talk about internet, Twitter and any other social networks which in Cuba is banned to the regular citizens.
Article 8: Protection of personal data(1)    Everyone has the right to the protection of personal data concerning him or her.
(2)    Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
(3)    Compliance with these rules shall be subject to control by an independent authority
I don’t even have the need to explain too much here, but I bring it because in the case of Wilmar, Cuban officials had attacked members of the European Union for being critic of his death under the hand of Cuba’s authorities. Besides, it is one of the international Laws who had implemented the recommendations made by United Nations collected in its resolutions about Human Rights.
If you read as clear as me, in the second topic says: “on the basis of the consent of the person concerned or some other legitimate basis laid down”.
Where is that consent laid down by Wilmar’s heirs? NONE
Where are the legitimate basis laid down? NONE
Cubans are helpless against the law and there is no “independent authority” to whom Maritza Pelegrino, Wilmar’s wife could complaint about the leak in internet of that document. She doesn’t even have access to internet to see it and Cubans unknown their rights under International Laws. There have been people arrested for handing down The Universal Declaration of Human Rights.
Four.- Last but not least, there is Privacy International, which is committed to defend the right to privacy across the world, and to fight surveillance and other intrusions into private life by governments and corporations. In the OVERVIEW OF PRIVACY, and I quote, PI says:
The expression of data protection in various declarations and laws varies. All require that personal information must be:§  obtained fairly and lawfully;
§  used only for the original specified purpose;
§  adequate, relevant and not excessive to purpose;
§  accurate and up to date;
§  accessible to the subject;
§  kept secure; and
§  destroyed after its purpose is completed.
 If you notice the document presented by Castro’s officials are illegal under those rules, one by one: it wasn’t obtained “fairly and use only for the original purpose” which, by the way, was never used because there wasn’t any case, but at the same time it wasn’t destroy it “after its purpose was completed”.

The fact that one cyber-agent, well known for threatening dissidents via his blog in internet showed, it is the only proof a regular citizen in a regular Democratic country needs to present in court to sue that person or organization, government or institution involved.

But it could not be done in Cuba, because its legal system leaves that regular citizen I was talking about helpless.

And this is the case of Wilmar Villar Mendoza. Killed by Cuba’s government, and killed again in internet... virtually.

It is a shame someone has to prey in people’s death to cover their own shame, but that’s the case of Castro.

To see in Spanish a similar report about this last violations against Wilmar Villar, please visits this blog=> Cuba: Creando un violento y maltratador “express" WilmarVillar

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