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Due
process for Cuba's dissidents
Posted on Sat, Sep. 20, 2003 in
The
Miami Herald.
Following are excerpts from a letter that
Alfred P. Carlton Jr., American Bar Association
president, sent last month to Fidel Castro.
The ABA has a long-standing commitment to support
the rule of law. The rule of law requires respect
for the right of human-rights advocates to speak
in opposition to policies or practices of their
governments. It also re quires respect for the
rights of all persons charged with criminal offenses
to be guaranteed due process of law.
The purpose of my letter is to express the ABA's
deep concern over the prosecutions, convictions
and lengthy prison sentences recently imposed
on more than 70 independent, peaceful activists,
including journalists, economists, labor leaders,
librarians and human-rights advocates, among them
Martha Beatriz Roque, Oscar Espinosa Chepe, Raúl
Rivero, Héctor Palacios and Dr. Oscar Elías
Biscet.
The following examples illustrate their supposed
"offenses'':
o Marcelo Manuel López Banobre was sentenced
to 15 years in prison, in part for serving as
''spokesman and secretary'' of the illegal Cuban
Commission for Human Rights and National Reconciliation,
dedicating himself to sending information to international
organizations like Amnesty International . . .''
o Eduardo Díaz was sentenced to 21 years
in prison by a judgment that states in part 'that
he directs an opposition group of so-called 'human
rights,' carrying out activities and meetings,
using our national flag and showing posters asking
for freedom for political prisoners and prisoners
of conscience, in a frank challenge to the judicial,
political and social system.''
o Mario Enrique Mayo, a lawyer working as an
independent journalist, was sentenced to 20 years
in prison by a judgment referring to articles
he wrote on prison conditions, families of political
prisoners and other topics, with the intention
'of creating in this way the conditions necessary
for our country to be condemned in the [U.N.]
Human Rights Commission, and consequently creating
conditions favorable for a 'humanitarian' intervention
into our territory.'' . . .
These prosecutions, convictions and harsh sentences
appear to violate basic obligations of Cuba under
international law. . . .
The ABA calls upon your government as follows:
o To take steps within your lawful authority
to cause the review and dismissal, as appropriate,
of the cases referred to herein and any other
similar cases;
o To ensure that in the future those who undertake
to defend human rights and the rule of law are
not persecuted for exercising their rights under
international law; and
o To ensure due process of law for all who come
before tribunals in Cuba.
The ABA would be pleased to send a delegation
to Cuba to meet with appropriate representatives
of your government and with judicial authorities
to discuss our concerns and other appropriate
matters.
The ABA, through its Center for Human Rights,
will continue to press for observance of the rule
of law in Cuba. We hope we may report favorably
on your consideration of this letter and the actions
it requests.
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