The Cuban Official Gazette No. 43, released this Wednesday, features two decrees signed by the Attorney General of the Republic, Yamila Peña Ojeda, ordering the continuation of criminal proceedings in absentia for "alleged acts of terrorism" against exiled Cuban activists Seriocha Humberto Fernández Rojas and Miguel Gómez Bártulos, both currently residing in the United States.
These documents, although signed on March 30, 2026, were published today in the Official Gazette. They were promoted by the Ministry of the Interior (MININT) through the Minister of Justice, relying on Article 766.3 b) and c) of the Cuban "Criminal Procedure Law."
Details of the Charges
According to decree GOC-2026-307-O43, Fernández Rojas is accused of having "directed and financed the fires set by the accused in this process at La Mariposa store in Santa Clara, Villa Clara, and at the Military Attention Office No. 6 in the Diez de Octubre municipality, Havana."
The second decree, GOC-2026-308-O43, charges Gómez Bártulos with "directing and funding fires at a fuel storage tank and an oil well in La Conchita, Cárdenas municipality, Matanzas, and at the replica of the Granma Yacht in the Central Pioneers Palace 'Ernesto Ché Guevara' at Lenin Park, Arroyo Naranjo, Havana."
Background on the Activists
Fernández Rojas left Cuba on January 9, 2020, while Gómez Bártulos departed on December 22, 2017. Both are linked to the opposition movement Cuba Primero, based in Miami, which the regime has labeled as a "terrorist" organization in its National List of Persons and Entities Linked to Terrorism (MININT Resolution 13/2025).
The legal process against these activists started last year. On July 31, 2025, the Criminal Investigation Specialized Body issued warrants for their arrest, which were published in the Extraordinary Official Gazette No. 47 on August 19, 2025.
Judicial Proceedings and Consequences
After failing to appear before the authorities, the prosecutor declared them fugitives on September 3, 2025. The resolution released today takes a definitive step by ordering the trials "to continue in absentia until their final resolution" and declaring both activists as parties in the criminal process.
In July 2025, the regime updated its list of individuals linked to terrorism, which now includes 62 people and 20 organizations, mostly based in Florida, and formally submitted it to the United Nations. Among those named are Alexander Otaola, Ana Olema Hernández, Orlando Gutiérrez Boronat, and Eliecer Ávila, along with other exiled dissidents targeted by the regime.
However, inclusion in this list carries no legal consequences outside Cuba. In 2024, the Spanish Ministry of Foreign Affairs confirmed no active alerts against those mentioned in Spanish airports.
Human rights organizations and independent analysts have noted that the regime's use of the term "terrorism" aims more at intimidation than justice, and the strategy includes pressuring relatives who remain on the island, as seen when the summons for Fernández Rojas was delivered to his mother in Cuba.
Frequently Asked Questions about Cuban Trials in Absentia
What are the charges against the Cuban activists?
Seriocha Humberto Fernández Rojas and Miguel Gómez Bártulos are accused of directing and financing acts of arson in various locations in Cuba.
Why are these trials being conducted in absentia?
The trials are taking place in absentia because the accused activists reside in the United States and have not appeared before Cuban authorities.
Does being on Cuba's terrorism list have legal consequences internationally?
No, being included on Cuba's terrorism list does not have legal repercussions outside the country, as confirmed by the Spanish Ministry of Foreign Affairs.