The Cuban police have stepped forward to publicly defend the legal grounds for the trial against Anna Sofía Benítez Silvente, known as Anna Bensi, and her mother, Caridad Silvente. They are facing charges in Havana related to the online posting of a video featuring a Ministry of Interior officer.
In a Facebook post, the police institution emphasized that Bensi is undergoing a criminal process for "breaching legal limits," not merely for "uploading a video."
"Social media is not a lawless space. The ease of sharing does not absolve one of the responsibility for what is posted," the statement declared.
The police cited Article 393 of the Cuban Penal Code, which protects privacy and personal image, arguing that sharing images of others without consent, especially with intent to harm, can be a criminal offense.
Digital Responsibility and Legal Implications
The police portrayed Bensi's case as an illustration of "digital responsibility," asserting that obtaining, reproducing, or transmitting personal or family information without consent and with harmful intent is a punishable act.
Previously, the police had delved into the case, explaining the distinction between recording someone and subsequently disseminating those images.
"Recording is one thing; publishing or sharing the recording without the individual's consent is quite another," they emphasized.
In that communication, the police contended that freedom of expression and the right to information "are not absolute," maintaining that a person's image is part of their personal and family privacy.
Legal Proceedings and Public Reactions
The current legal proceedings stem from a complaint filed by the individual who claims to have been wronged, rather than just an official act by the authorities.
The measures imposed on Bensi and her mother—such as house arrest and travel restrictions—are described as provisional, pending the trial's outcome.
Bensi and her defense have challenged the notion that posting the video constitutes a crime. Initially, the case was dismissed when defense attorney Roberto Ortega Ortiz argued that the charges required a direct complaint from the affected party.
However, the MININT sub-officer Yoel Leodán Rabaza Ramos later filed a personal complaint, leading to the case's reopening. The trial is now scheduled for this Thursday, following a postponement of the original September 17 date.
The charges allege "acts against personal and family privacy" after Bensi and her mother recorded and shared footage during the agent’s visit to deliver a State Security summons.
Bensi revealed that Rabaza Ramos felt offended by the video’s online commentary and demands a public apology from the duo. The complainant's lawyer seeks a two-year restriction on their freedom.
Support and Solidarity Amidst Legal Battle
With the trial date approaching, Bensi remains defiant, insisting she will continue to publish content documenting state agents’ actions.
"I will not be silenced," she declared in a recent interview, asserting she would record and post the video again. She and her mother face the trial under "unequal conditions," she added.
Cuban nun Sor Nadieska Almeida has also urged public support for the mother and daughter, encouraging visible backing through prayer and physical presence.
The trial will be presided over by Zamira Marrero Morgado, head of Havana's East Municipal People's Court. Activists report that Marrero previously denied a defense motion to dismiss the trial, arguing the actions charged do not constitute a crime. She has been noted for her involvement in proceedings related to the July 11, 2021 protests.
Key Questions About the Legal Case
What charges are Anna Bensi and her mother facing?
Anna Bensi and her mother are charged with "acts against personal and family privacy" for recording and sharing a video involving a Ministry of Interior agent.
Why did the police justify the trial against Anna Bensi?
The police argue that Bensi violated legal boundaries by sharing the video, stressing that social media is not exempt from legal responsibility.
Who is overseeing the trial?
The trial is presided over by Zamira Marrero Morgado, the president of Havana's East Municipal People's Court.