Immigration attorney Santiago A. Alpízar took to social media on Monday to reveal that the People's Supreme Court of Cuba, led by Rubén Remigio Ferro, has denied the request to review criminal case 2/2024 in the Encrucijada municipality. This decision comes even though the court admitted that the presiding judge, Melody González Pedraza, engaged in illegal conduct.
On Facebook, Alpízar detailed that the court itself acknowledged Judge González, who is currently facing a final deportation hearing in the United States, committed actions “clearly constituting the crime of malfeasance,” which punishes officials who knowingly issue unjust rulings. Despite this acknowledgment, the court refused to reopen the case, where numerous individuals were allegedly wrongfully convicted.
The advocacy group Cuba-Demanda, which has been vocal about this case for years, declared their intention to continue advocating for the affected individuals and plans to bring the matter before international bodies such as the Inter-American Commission on Human Rights (IACHR), the European Commission, and the European Parliament, according to Alpízar.
Furthermore, Alpízar announced their intention to request that the U.S. State Department place Judge Rubén Remigio Ferro and his immediate family on the list of individuals barred from entering the United States. They also plan to urge the Department of the Treasury to investigate any potential commercial ties between Ferro and associates in the U.S.
Supreme Court Blocks Case Review Despite Admitting Trial Errors
The immigration attorney shared images online of Auto No. 106 from the People's Supreme Court, relating to files 689, 707, and 713 of 2024, which officially confirms the rejection of the case review request, even as it admits to violations during the original trial proceedings.
In this document, the mothers of the defendants Luis Ernesto Medina Pedraza, Eddy Daniel Rodríguez Millán, and Adain Barreiro Pérez sought a review of criminal case 2/2024, which resulted in their sons being sentenced in Encrucijada, Villa Clara, to prison terms ranging from 3 to 4 years for the crime of assault. The resolution acknowledges the validity of the applicants' complaints, including irregularities committed by Judge Gonzalez, who is currently detained in the U.S. Nonetheless, it argues that the trial maintained formal legitimacy and the guilty verdict is not undermined by these violations. Ultimately, the court concludes: “NO GROUNDS to promote the requested review procedure,” thereby upholding the sentence without any recourse for appeal.
In 2024, however, the four young Cubans sentenced by Judge Melody González were granted the opportunity to appeal their sentence. The provincial court of Villa Clara accepted the appeal of the verdict against the four Cubans under 30 years old, charged with the crime of assault.
Judge Melody González Seeks Asylum in the U.S.
González, who chaired the Encrucijada Municipal Court, arrived in the U.S. in 2023 through a humanitarian parole program. She was later accused by families of dissidents and placed on a list of oppressors compiled by human rights organizations. Since then, she has remained detained at the Broward Transitional Center in Florida, pending the outcome of her political asylum application.
During a recent final deportation hearing in the United States, González’s defense presented documents and witnesses to try to prove she did not act out of ideological conviction. Although González has expressed remorse in earlier statements and claimed to have been pressured by the Cuban judicial system, Alpízar and other activists question the sincerity and timing of this "remorse," viewing it as a legal tactic to avoid deportation. The trial is set to continue on May 8, during the second part of the final hearing, where the former judge will have the chance to question the accusers' witnesses and introduce new evidence for her defense. The judge may issue a decision on that day or at a later date, depending on the evaluation of the evidence.
“The government does not need to prove anything. It is the applicant who must demonstrate, with clear and convincing evidence, that they deserve to stay,” Alpízar emphasized during the broadcast.
The case of Melody González has sparked significant controversy within the Cuban exile community, with some demanding her expulsion due to her past as a regime enforcer, while others believe she might deserve a second chance if she can prove a genuine ideological shift.
Last December, former Cuban judge Melody González remained detained in the United States, as reported by Mario J. Pentón, who also confirmed that the final court hearing was scheduled for January 21, 2025. Prior to this, she attended her first asylum hearing in June, after arriving in the country through humanitarian parole and being denied entry by Tampa authorities.
FAQs on the Cuban Supreme Court's Decision
Why did the Cuban Supreme Court reject the case review?
The Cuban Supreme Court rejected the case review despite acknowledging illegal actions by Judge Melody González, arguing that the trial maintained formal legitimacy and the guilty verdict remained unaffected by the violations.
What actions are being taken by the advocacy group Cuba-Demanda?
Cuba-Demanda plans to continue advocating for the affected individuals and intends to present the case to international bodies such as the Inter-American Commission on Human Rights, the European Commission, and the European Parliament.
What is the current legal status of Melody González in the U.S.?
Melody González is currently detained in the U.S. at the Broward Transitional Center, waiting for the resolution of her political asylum application. Her final deportation hearing is ongoing, with the next session scheduled for May 8.