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IJCHR
criticises handling of Cuban asylum seekers
Observer
Reporter. Jamaica, Saturday,
September 20, 2003
WESTERN BUREAU -- The Independent Jamaica Council
for Human Rights (IJCHR) has criticised the government's
handling of a recent request, from eight Cubans,
for political asylum.
According to Nancy Anderson, IJCHR legal advisor,
the Cubans, who were deported the day after their
request for asylum was denied, had been robbed
of a chance to appeal the ruling. This was a clear
violation of the UN Convention and Jamaica's international
obligations, she said.
Pedro Barrgro Acost, Rueben Luis Castro, Jose
Edwardo Alvarez, Neltredo Martinez Garcia, Aris
Rene Vidal, Armando Cruz Almunza Enrique Vasquez
and Erasmo Vasquez Diaz, landed in the island
on July 5. Their application was refused on September
5 on the grounds that they were economic migrants
and not genuine political refugees.
"As the Convention says, they have a right
to appeal and they weren't informed of the decision,"
Anderson argued. "But also they had a case
pending. They had a habeus corpus application
pending in the St James Resident Magistrate's
court, which was to be heard last Friday and they
shipped them away on the Saturday before. That
is really, really bad."
She had written to the senior director of immigration,
Carol Charlton, on August 12, she added, making
it clear that the IJCHR would appeal any decision
to have the Cubans deported.
The Cubans' Montego Bay attorney, Ronald Paris,
also expressed his ire over how his clients were
treated. The decision to deny their application,
he maintained, was made at noon, their legal representative
was not informed, and they were deported at 9
am the next morning.
"How the hell they want an appeal to be
filed in time (under those circumstances)?"
said an annoyed Paris.
But the security ministry has rejected his and
the IJCHR's criticisms.
"They were not denied an appeal. Those who
were talking about making an appeal for them did
not make an appeal. You can't talk on radio about
your intent to make an appeal and the formal appeal
has not reached where it should reach, "said
ministry spokesman, Donovan Nelson.
"Those who went on radio and said that they
were going to make an appeal on behalf of the
Cubans needed to have put the appeal in writing
and put the appeal where it matters... We did
not get any appeal inside the offices and with
regard to the Cubans we cannot have them here
waiting on somebody to appeal on their behalf."
Meanwhile, the IJCHR has notified the United
Nations Commission for Refugees (UNHCR) about
the issue and said it will pursue legislation
for the establishment of clear procedures in the
handling of refugees.
Anderson noted that in March this year, six Haitians
-- three women, two men and an infant -- were
granted refugee status on appeal after being denied
by the eligibility committee.
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