Cuban singer Danay Suárez was acquitted by the Havana Provincial People’s Court in a lawsuit filed against her last June by Cuban LGBTI activist Alberto Roque Guerra, according to the same plaintiff posted on his Facebook profile .
The process began with a message that the young rapper shared on her Facebook profile about pedophilia and homosexuality and for which people from the LGBTI community in Cuba felt offended.
Roc Guerra, linked to the National Center for Sex Education (CENESEX), shared the sentence of the case, according to which, “(…) the conduct of the defendant Danay Suárez does not integrate the planned crime of insult and sanctioned in article 320.1 of the Penal Code, since although the content was ethically and morally inadequate, such an act does not comply with the legally required budgets from the objective and subjective point of view for its configuration “.
For the Court, neither the plaintiff (Roc Guerra) nor the witnesses members of the LGBTI community who participated in the trial said they felt “specifically injured in their individual honor.”
He also considered the reaction taken by the activist to be disproportionate. In this regard, he noted that he first posted “a series of messages, in which while mostly projected openly against all forms of discrimination and in a tone of rejection of the questioned text, in some of these messages he to use images that blaspheme the Christian faith professed by Suárez Fernández and in others he made clear allusions to the complaint that could be offensive. “
The judgment called into question the credibility of the witnesses by the friendly relationship with the plaintiff.
On the other hand, the Court did not decisively assess the criteria of the doctors who appeared at trial. More important was the fact that the text shared by Danay Suárez was not his.
“Although for the doctors (…) the equating that was established in the text under examination could influence the formation of negative criteria, of rejection towards homosexual people, thus inciting discriminatory behaviors associated with the homosexuality with a mental illness, and contravening the efforts of the international community and Cuba to develop a culture of respect and inclusion towards people with different sexual orientations, it is no less true that the statements contained in the contradictory text do not go to lose at any time its approach from a particular perspective expressed by another person and not by the complaint that made it its own when publishing … “, the document picked up.
In another post on his Facebook profile with his considerations about the lawsuit, Roc Guerra described as “transcendental” that Cuban justice has accommodated his lawsuit, even though it has ultimately ruled against him.
After raising a number of questions, including “how is hate speech contemplated in the interpretation of Cuban laws?”, He announced that he will appeal to the Supreme Court.
“I am not sad or defeated, nor disappointed. I am not surprised by the content of the sentence. I repeat: my activism, my honor, my ethics, my dignity, my indomitable will are one thing. When this process ends in the Supreme Court I will publish my reasoned judgments on the whole process, “he concluded.
The controversy began on June 13, when Danay Suárez shared on his Facebook page an extensive comment signed by Dayis Arizmendi, in which he compares homosexuality to pedophilia.
According to the Cuban artist, who has shown in recent years his iron militancy in the principles of the evangelical church, pedophiles use the same arguments as homosexuals to defend their practices.
The comments reproduced by the singer produced a majority rejection even among her fans.
Roque Guerra’s post announcing the start of the lawsuit also provoked responses of all kinds.
Journalist Yaiset Rodríguez Fernández, as in Court, found Roque’s reaction exaggerated: “I don’t like some posts, some even seem idiotic, ignorant, in bad taste, offensive, rude, indecent, cruel. , malicious … Ohhh, they offend me. And what do I do? Surely, out of respect for the other ‘s right to have a different opinion, it will not be to sue. “