“Henry Constantín is not in pretrial detention. He is being held unjustly and illegitimately”

14ymedio, Havana, September 30, 2026 – No one should be imprisoned for expressing their ideas or for reporting on what those in power seek to conceal. Freedom of expression is a right, not a concession from the Government. The imprisonment of journalist Henry Constantín once again demonstrates that the Cuban regime treats freedom of expression as a privilege conditional on obedience.
Henry Constantín, director of La Hora de Cuba and regional vice president of the Inter American Press Society (SIP), was detained on September 16, 2026, in Camagüey. The authorities have ordered his transfer to Kilo 7 prison under pretrial detention. The official justification was his failure to appear for a summons from the Identification, Immigration and Foreigners Directorate. The formal charge: “disobedience.”
The offense is included in Article 189 of the Cuban Penal Code currently in force. But invoking a legal provision is not enough to make an imprisonment legitimate. Even less so when we are talking about a country like Cuba.
Constantín’s defense was unable to file a habeas corpus petition on Friday, September 18, because it was a day of “change of duties”
According to information released about the case, Constantín’s defense was unable to file a habeas corpus petition on Friday, September 18, because it was a day of “change of duties.” They had to wait until Monday the 21st. For that reason, the hearing to decide on the habeas corpus petition, which under Cuba’s Criminal Procedure Law should have taken place before Friday the 25th, did not take place either.
Cuban judges are formal judges from Monday through Thursday. On Fridays, they “change duties.” For that reason, the Provincial Court of Camagüey informed Henry’s relatives and defense that the essential habeas corpus hearing, which should have been held within 72 hours after the petition was filed, would take place four or five days later, if they decided to hold it.
The uncertainty is inadmissible. Habeas corpus exists to subject a deprivation of liberty to urgent judicial review. Its effectiveness depends on that review taking place as quickly as possible. Every delay prolongs the detention and the risk to a person who has been unjustly detained. continue reading
But in the same country that quickly invokes an article of the Penal Code to justify the imprisonment of a journalist, there is no urgency for a judge to assess the violation of his rights. It might seem like a euphemism, but it is not: Cuban judges changed duties many years ago. In many cases, they are mere legitimizers of a despotic power in which the law is not a limit on that same power, much less a guarantee for the citizen.
In a context like Cuba’s, the law serves to punish those who question those in power but rarely reaches those who serve or wield that power
The Penal Code used to charge Henry Constantín also provides for sanctions against officials who maliciously delay the processing of matters, unjustifiably fail to perform their duties, or issue rulings that violate the law. Despite the foregoing, none of the judges who have delayed the review of Henry’s imprisonment shares a cell with him. Because in a context like Cuba’s, the law serves to punish those who question those in power but rarely reaches those who serve or wield that power.
Faced with a context like that, only disobedience remains because disobeying is the only way to exercise rights.
Henry Constantín and the rest of the independent journalists, in the eyes of the Cuban regime, have been disobeying for years. To a power that demands absolute obedience, the simple act of reporting freely is insubordination. For that reason, anyone who wants to practice independent journalism in Cuba will have to disobey the regime that prevents it.
This is not our idea. Martin Luther King wrote it from a cell in 1963. In his Letter From Birmingham Jail, he said: “One has a moral responsibility to disobey unjust laws.” And invoking Saint Augustine, he recalled that “an unjust law is no law at all.” Four decades earlier, while being tried for sedition before a British colonial court, Mahatma Gandhi had said something similar: “Non-cooperation with evil is as much a duty as cooperation with good.”
Both understood that unjust regimes relabel rights as crimes. What in a free society is called exercising freedom of expression, in the vocabulary of totalitarianism is called “disobedience.” It is the power’s “newspeak”: naming as a crime what in many democracies is a natural and universal right.
Likewise, the pretrial detention imposed on Henry Constantín marks a qualitative leap. It is no longer a matter of the few-hour detentions he has suffered so many times. The regime has decided that it will no longer tolerate his determination to continue exercising his rights. If it previously tried to silence him with cuts to electricity and Internet service and with detentions, it now resorts to the most absolute form of deprivation: the total loss of freedom. It does so, moreover, under the euphemism of “temporary” or “provisional.”
Pretrial detention is an exceptional precautionary measure that allows a person to be deprived of liberty before trial when there are concrete risks that justify it
Pretrial detention is an exceptional precautionary measure that allows a person to be deprived of liberty before trial when there are concrete risks that justify it, such as flight or obstruction of the investigation. It does not constitute an advance punishment nor does it eliminate the presumption of innocence.
However, in Cuba it is used for another purpose: to keep a person like Henry Constantín locked up without the need to bring him to trial and without exposing the regime that imprisons him to the public scrutiny that, for any political system, comes with putting a journalist in prison.
Henry Constantín is not in pretrial detention. He is being held unjustly and illegitimately.
We demand that pretrial detention not be used to prolong the repression of Henry Constantín for weeks or months. We demand that he be released immediately and unconditionally so that pretrial detention does not become the instrument that allows the Cuban regime to achieve what it has so far failed to achieve: breaking the journalist’s will and forcing him to choose between prison and exile.
Doing journalism should never be considered disobedience. Because reporting is not a crime.
Translated by Regina Anavy
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