Prisoners of
conscience: 71 longing for freedom
Introduction
In March 2003, the Cuban government carried
out the most severe crackdown on the dissident
movement since the years following the
1959 revolution. Scores of dissidents
were detained, seventy five of whom were
subjected to summary trials and quickly
sentenced to prison terms ranging from
26 months to 28 years. This crackdown
came as a surprise to many observers who
believed that Cuba might be moving towards
a more open and tolerant approach towards
opponents of the regime: the number of
prisoners of conscience had declined and
had been superseded by short term detentions,
interrogations, summonses, threats, intimidation,
eviction, loss of employment, restrictions
on travel, house searches or physical
or verbal acts of aggression. In addition,
in April 2000 the Cuban Government began
implementing a de facto moratorium
on executions, which was broken in April
2003 with the execution of three men convicted
of hijacking a tugboat to leave the island,
in which no one was harmed.
The events of March/April 2003 signalled
a step backwards for Cuba in terms of
respect for human rights. The authorities
tried to justify the crackdown by citing
provocation and aggression from the United
States. Amnesty International declared
the 75 convicted dissidents to be prisoners
of conscience(1) and called for their
immediate and unconditional release, since
the conduct for which dissidents were
prosecuted was non-violent and fell within
the parameters of the legitimate exercise
of fundamental freedoms as guaranteed
under international standards.
Moreover, Amnesty International believes
the charges are politically motivated
and disproportionate to the alleged offences.
The charges brought against those arrested
in the 2003 crackdown were not those commonly
used to suppress dissent, such as "propaganda
enemiga", "enemy propaganda",
"desacato", "disrespect",
or "desórdenes públicos",
"public disorder." Rather, the
emphasis was on offences carrying higher
penalties under the Cuban Penal Code.
Most of the dissidents were charged under
either Article 91 of the Penal Code or
Law 88, or both. Article 91 provides for
sentences of ten to 20 years or death
for anyone who "in the interest of
a foreign state, carries out an act which
has the objective of harming the independence
of the Cuban state or its territorial
integrity". Law 88, which
was passed into Cuban legislation in February
1999 but had not yet been put into practice,
provides lengthy prison terms for those
found guilty of supporting United States
policy on Cuba aimed at "disrupting
internal order, de-stabilising the country
and destroying the Socialist State and
the independence of Cuba".
According to the trial documents available,
the evidence on which the March 2003 prosecutions
were brought and the sentences confirmed
included:
·
publishing articles or giving interviews, in US-funded or other media, said
to be critical of economic, social or
human rights matters in Cuba;
·
communicating with international human rights organisations;
·
having contact with entities or individuals viewed as hostile to Cuba's interests,
including US officials in Cuba, or members
of the Cuban exile community in the United
States or Europe;
·
distributing or possessing material such as radios, battery chargers, video
equipment or publications, from the US
Interests Section in Havana(2);
·
being involved in groups which are not officially recognised by the Cuban authorities
or which are accused of conducting counterrevolutionary
activity, including among others: unofficial
trade unions; professional associations
such as doctors' and teachers’ associations;
academic institutions; press associations
or independent libraries.
In 2003, the Cuban government claimed
that the above mentioned activities threatened
national security and therefore warranted
prosecution. Amnesty International believes
the activities constitute legitimate exercise
of freedom of expression, assembly and
association. In Cuba these freedoms are
severely limited in law and in practice.
Those who attempt to express views or
organize meetings or form organizations
that contradict government policy and/or
the aims of the state are likely to be
subjected to punitive measures such as
imprisonment, loss of employment, harassment
or intimidation.
The right to a fair trial is also limited
in Cuba, with courts and prosecutors under
government control. Cuba’s National Assembly
elects the President, Vice-President and
the other judges of the Peoples’ Supreme
Court, as well as the Attorney General
and the Deputy Attorney General. In addition,
all courts are subordinate to the National
Assembly and the Council of State, raising
concerns with regard to internationally
recognised standards for fair trial and
the right to trial by an independent and
impartial tribunal.(3) The right of dissidents
to a fair and proper defence is also unlikely
as lawyers are employed by the Cuban government
and as such may be reluctant to challenge
prosecutors or evidence presented by the
state intelligence services.
At the dissident trials in April 2003
some attorneys were reportedly denied
access to the defendant or only given
access five minutes before the trial and
were thus unable to prepare their defence,
and in some cases the right to choose
a defence lawyer was completely denied.
Although some family members and others
were allowed to attend, foreign diplomats
and some journalists were barred from
entering.(4)
During the last year, Amnesty International
has received reports that some of the
prisoners of the 2003 crackdown have been
treated with particular severity, for
example held in harsh prison conditions,
many in locations far from their home
towns, and some have reportedly been ill-treated.
During 2004 and early 2005 a total of
19 prisoners of conscience were released,
14 of whom were only granted "licencia
extrapenal", "conditional
release" permitting them to carry
out the rest of their sentences outside
prison for health reasons, in the knowledge
they could be detained again. Also, the
Cuban government eased the conditions
of some prisoners of conscience by moving
them to locations nearer to their homes
and by giving all but two medical check
ups.
Two years on since the March 2003 crackdown,
in spite of the releases and limited improvements,
the total number of prisoners declared
by Amnesty International to be prisoners
of conscience is 71, which includes two
new cases. There have also been some reports
of ill-treatment by prison guards. Over
a dozen prisoners are still being held
in prisons which are at the other end
of the island from their home town, thus
making family visits very difficult.
The organization is calling on the Cuban
Government to liberate all prisoners of
conscience currently detained in Cuba,
to provide adequate medical care to all
prisoners of conscience, to initiate independent
and impartial inquiries into the reports
of ill-treatment described in this document,
and to make the results public. Prison
officials alleged to be implicated in
cases of ill-treatment, or deliberately
inflicting cruel and degrading treatment
on prisoners should be suspended pending
investigation and those found responsible
brought to justice.
Prisoners of conscience released conditionally
Nineteen prisoners of conscience have
been released since June 2004. Amnesty
International welcomes these releases
but renews its call for the Cuban government
to unconditionally release all prisoners
of conscience and to cease detaining Cuban
citizens for the peaceful exercise of
their fundamental freedoms.
Four of those released had been in pre-trial
detention for more than two years. Leonardo
Bruzón Ávila, Alberto Domínguez
González, Emilio Leyva Pérez
and Lázaro Miguel Rodriguez Capote
were released on 8 June 2004 following
their arrest in February 2002. Miguel
Sigler Amaya was released on 12 January
2005 after he nearly completed a sentence
of two years and two months.
In 2004 and early 2005, 14 of the 75 dissidents
arrested in the 2003 crackdown were granted
"licencia extrapenal",
conditional release, for medical concerns.
The prisoners of conscience released were:
Osvaldo Alfonso Valdés, released
on 30 November 2004
Margarito Broche Espinosa, released
on 29 November 2004
Juan Roberto de Miranda Hernández,
released on 23 June 2004
Carmelo Agustín Díaz Fernández,
released on 18 June 2004
Oscar Espinosa Chepe, released
on 29 November 2004
Orlando Fundora Alvárez, released
on 18 June 2004
Edel José García Díaz, released
on 2 December 2004
Marcelo Manuel López Bañobre, released
on 29 November 2004
Jorge Olivera Castillo, released
on 6 December 2004
Raúl Rivero Castañeda, released
on 30 November 2004
Marta Beatriz Roque Cabello, released
on 22 July 2004
Julio Antonio Valdés Guevara, released
on 14 April 2004
Miguel Valdés Tamayo, released
on 9 June 2004
Manuel Vázquez Portal, released
on 23 June 2004
Two new prisoners of conscience
In addition to the remaining 69 prisoners
of conscience known to Amnesty International,
the organization is now declaring two
new prisoners of conscience, in the belief
that these two individuals have been detained
solely for their peaceful attempts to
exercise their rights to freedom of expression,
association and assembly.
Raúl Arencibia Fajardo, 41
Sentence: 3 years
Date of arrest: 6 December 2002
Home town: Havana city
Prison: 1580 Prison, Havana province
Raúl Arencibia Fajardo is a member of
Fundación Lawton de Derechos Humanos,
Lawton Foundation for Human Rights(5),
and the Club de Amigos de los Derechos
Humanos, Human Rights’ Friends Club.
He is also a delegate of the unofficial
political group Movimiento 24 de Febrero,
24 February Movement.
Raúl Arencibia Fajardo was arrested on
6 December 2002 at his home when he was
meeting with Oscar Elías Biscet(6) and
Virgilio Marante Guelmes. He was released
after three months, but was still awaiting
trial. Apparently his trial was postponed
on three occasions. Finally, on 18 May
2004, Raúl Arenciba Fajardo was sentenced
to three years’ imprisonment for "public
disorder", "disrespect"
and "resistance". He is reportedly
being held in 1580 Prison, in San Miguel
del Padrón municipality, in Havana City.
Virgilio Marante Guelmes, age
unknown
Sentence: 3 years
Date of arrest: 6 December 2002
Home town: Havana city
Prison: Melena 2 Prison, Havana province
Virgilio Marante Guelmes is a delegate
of the unofficial political group Movimiento
24 de Febrero, 24 February Movement,
in Güines, south Havana. He was arrested
on 6 December 2002 along with Oscar Elías
Biscet and Raúl Arenciba Fajardo. He was
sent to Valle Grande Prison in Havana.
On 7 March 2003, he was released pending
trial. According to reports, security
officers detained him temporarily on 19
May 2003 for interrogation. During the
interrogation he was told to abandon his
activities with the Movimiento 24 de
Febrero and restrictions were imposed
on him regarding visiting prisoners’ family
members. On 18 May 2004, Virgilio Marante
Guelmes was brought to trial and sentenced
to three years’ imprisonment on charges
of "disobedience, public disorder
and resistance" and transferred to
Melena 2 prison where he is now held.
Amnesty International is also investigating
seven additional cases involving dissidents
reportedly arrested over the last three
years. The organisation is gathering information
on their activities, the circumstances
of their arrest and their current legal
status, in order to determine if they
too should be considered prisoners of
conscience.
Treatment of prisoners of conscience
This section outlines Amnesty International’s
current concerns regarding the treatment
of prisoners of conscience whilst held
in detention in the Cuban state prison
system. Over the last year, Amnesty International
has received reports of ill-treatment,
reports of harsh conditions in solitary
confinement which it believes amount to
cruel, inhuman and degrading treatment,
and reports that some prisoners are being
punished by having visits, communications
or medical attention arbitrary restricted
or withheld.
Cases of ill-treatment of prisoners
of conscience
Over the last year, Amnesty International
has received reports that some prisoners
of conscience have been beaten by prison
guards.
Juan Carlos Herrera Acosta, serving
a sentence of 20 years in Kilo 8 Prison,
Camagüey Province, was reportedly beaten
on 13 October 2004 by a group of guards
while handcuffed. The guards reportedly
stamped on his neck which caused him to
pass out. He went on hunger strike in
protest.
In another case reported to Amnesty International,
a police officer at La Bamba Correctional
Centre grabbed Néstor Rodríguez
Lobaina from behind, hit him on
the head and pushed him to the ground
when he was saying goodbye to a visitor
in November 2004. Two other prison officers
then reportedly held him down and beat
him while he was handcuffed. He was then
held for four days at barracks in Baracoa.
He is now reportedly being held in Paso
de Cuba Prison in Baracoa municipality.
According to reports, proceedings to charge
Néstor Rodríguez Lobaina with "resistance"
and "disrespect" have been opened
against him.
On 14 September 2004 Arnaldo Ramos
Lauzerique was reportedly beaten at
Holguín Provincial Prison. During a search,
the prison guards took some papers and
his personal diary from him. When he protested,
they reportedly took him out of the cell,
threw him to the floor and beat him, causing
back pain for several days. On 18 September
he was also reportedly pulled out of the
shower and threatened with being beaten
again.
In October 2004, Luis Enrique Ferrer
García, the youngest of the 75 dissidents
arrested in March 2003, was reportedly
stripped and beaten by prison guards and
officials in the Youth Prison of Santa
Clara.
Amnesty International is not aware of
any investigation having been carried
out into these recent reports of ill-treatment.
International human rights standards require
that all allegations of torture and ill-treatment
be investigated. Article 9 of the UN Declaration
on the Protection of All Persons from
Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
requires that such investigations be conducted
even if there is no complaint from the
victim or their relatives.
Amnesty International recognizes that
the prison authorities have a responsibility
to maintain discipline and order in penal
establishments in order to protect themselves
and others and are required to enforce
appropriate rules and regulations. Any
measures taken to punish breaches of discipline
should nevertheless conform to international
standards including the UN Convention
against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment,
which Cuba ratified in 1995(7) (see below)
and the UN Standard Minimum Rules for
the Treatment of Prisoners:
Solitary confinement and punishment
cells
In Cuba, infractions of internal prison
rules may be punished with lengthy periods
in solitary confinement, sometimes in
celdas tapiadas, "walled-in
cells". Reports suggest that detention
conditions in these cells amount to cruel,
inhuman and degrading treatment: these
cells are said to be very small (2 x 1
m) with no light and no furniture; they
lack sanitary provisions including drinking
water, and are often infested with rats,
mice and cockroaches; the prisoners are
not allowed out, not allowed visitors
and are not allowed to take exercise and
sometimes are not permitted to wear any
clothing nor given any bedding,.
Amnesty International believes no prisoner
should be confined long-term in conditions
of isolation and reduced sensory stimulation,
and that conditions of detention should
conform to the UN Standard Minimum Rules
for the Treatment of Prisoners and other
international human rights standards.
Amnesty International believes that if
solitary confinement is used, strict limits
should be imposed on the practice, including
regular and adequate medical supervision
by a doctor. Amnesty International believes
that long-term solitary confinement, the
reduced sensory stimulation which can
result from solitary confinement and the
confinement cells’ conditions under which
Cuban prisoners are held, amount to cruel,
inhuman and degrading treatment. Under
Rule 31, the UN Standard Minimum Rules
for the Treatment of Prisoners states
that:
"Corporal punishment, punishment by placing in a dark
cell, and all cruel, inhuman or degrading
punishments shall be completely prohibited
as punishments for disciplinary offences."
During the year 2004, at least nine prisoners
were reported to have been held continuously
in walled-in cells for periods between
two and four months. Normando Hernández
González was held in a punishment
cell for four months as a punitive measure
after ending a 17-day hunger strike to
protest against his forcible relocation
with common criminals at Kilo 5 ½ Prison.
Similarly, Nelson Moliné Espino
was confined to a punishment cell for
60 days at Kilo 8 Prison for refusing
to eat the prison food.
In July 2004 Oscar Elías Biscet González
was put in an isolation cell where
he remained for three months. He has reportedly
been withheld family visits, phone calls,
correspondence, literature and sunlight
on numerous occasions during the year
2004.
Location of detention
Amnesty International has previously raised
concerns regarding the practice of incarcerating
prisoners in compounds located at great
distances from their home towns. This
practice is in contravention of Principle
20 of the UN Body of Principles for the
Protection of All Persons under Any Form
of Detention or Imprisonment(8) :
"If a detained or imprisoned person so requests,
he shall if possible be kept in a place
of detention or imprisonment reasonably
near his usual place of residence."
Amnesty International fears that imprisoning
prisoners of conscience far from their
home town may be intended as an extra
penalty imposed on the prisoners and their
families. However, during the second half
of 2004, Cuban authorities relocated some
of the prisoners listed in this report
to detention centres nearer their homes.
Approximately one third of the prisoners
of conscience arrested in the 2003 crackdown
have been relocated to prisons within
the province of their home towns, alleviating
the relatives’ burden of travelling long
distances.
Current cases of concern to Amnesty International
include, the Sigler Amaya brothers
who are both imprisoned at prisons far
from each other. Also, Victor Rolando
Arroyo Cardoma is imprisoned in Guantánamo
province, more than a thousand kilometres
from his home town in Pinar del Río province.
Those prisoners of conscience held in
prisons located more than 500 km from
their home towns are Antonio Ramón
Díaz Sánchez, Juan Adolfo Fernández
Sainz, José Daniel Ferrer García,
Ivan Hernández Carrillo, Normando
Hernández González. Other prisoners
of conscience that are also far from their
respective home towns are Eduardo Díaz
Fleitas, José Luis García Paneque, Ricardo
Severino González Alfonso, Luis Milan
Fernández, Félix Navarro Rodríguez, Fabio
Prieto Llorente, José Gabriel Ramón Castillo
and Arnaldo Ramos Lauzerique.
Contact and communication with family
members
A basic norm outlined in the UN Body of
Principles for the Protection of all Persons
Under Any Form or Detention or Imprisonment
is the right of any prisoner to communicate
with the outside world, particularly with
members of his/her family. However, it
has been reported that telephone communications,
visits and correspondence are sometimes
arbitrarily restricted or withheld from
prisoners, for example, if they complain
about prison conditions or their treatment.
Principle 19
"A detained or imprisoned person
shall have the right to be visited by
and to correspond with, in particular,
members of his family and shall be given
adequate opportunity to communicate with
the outside world, subject to reasonable
conditions and restrictions as specified
by law or lawful regulations."
Principle 15
"Notwithstanding the exceptions
contained in principle 16, paragraph 4,
and principle 18, paragraph 3, communication
of the detained or imprisoned person with
the outside world, and in particular his
family or counsel, shall not be denied
for more than a matter of days".
Currently, visits to prisoners of conscience
are reportedly granted on a normal basis
once every three to four months. During
2004, it has been reported that visits,
correspondence and telephone communication
have sometimes been suspended for an undetermined
period of time when prisoners’ family
members make statements in the local or
international press or to human rights
organizations regarding the treatment
of their relative in detention. Although
visits are announced officially, it has
been reported that in several cases, visitors
have been refused permission to see their
relatives in spite of having travelled
many miles or have had to wait long hours
before the visit is allowed.
Access to reading material, including
the Bible or religious calendars, is reported
to be restricted for most prisoners of
conscience.
Lack of medical attention
During most of last year, Amnesty International
was concerned at reports that several
prisoners of conscience in Cuba did not
receive adequate medical care. Many prisoners
of conscience were said to be suffering
from poor health which could be aggravated
while in detention. Some detainees were
often given little more than cursory medical
examinations and in a number of cases
prison officials have reportedly refused
to comply with inmates’ repeated requests
for medical attention. However, in December
2004 all but two of the prisoners of conscience
arrested in the 2003 crackdown were granted
medical check ups at prison hospitals
in Havana.
Amnesty International recognizes that
the imposition by the United States of
a trade embargo undermines Cuba’s ability
to provide appropriate nutrition and proper
medical care to prisoners. However, it
has also been reported that in some cases
where the prisoners’ relatives provided
medicines, these were withheld by prison
authorities without any reasonable motive.
Amnesty International believes that withholding
medical attention may constitute a form
of punishment against some prisoners of
conscience on account of their political
views. The organization urges the Cuban
government to take measures to ensure
that detainees have access to the medical
treatment and medicines they require in
accordance with Rule 22 of the Standard
Minimum Rules for the Treatment of Prisoners
(SMR):
Rule 22
"(1) At every institution there shall be available
the services of at least one qualified
medical officer who should have some knowledge
of psychiatry. The medical services should
be organized in close relationship to
the general health administration of the
community or nation. They shall include
a psychiatric service for the diagnosis
and, in proper cases, the treatment of
states of mental abnormality.
(2) Sick prisoners who require specialist
treatment shall be transferred to specialized
institutions or to civil hospitals. Where
hospital facilities are provided in an
institution, their equipment, furnishings
and pharmaceutical supplies shall be proper
for the medical care and treatment of
sick prisoners, and there shall be a staff
of suitable trained officers."
The lack of adequate medical attention in places of detention
is in direct contravention of both international
human rights standards and national legislation.
Principle 24 of the UN Body of Principles
for the Protection of all Persons Under
Any Form of Detention or Imprisonment
notes:
"A proper medical examination shall be offered to
a detained or imprisoned person as promptly
as possible after his admission to a place
of detention or imprisonment, and thereafter
medical care and treatment shall be provided
whenever necessary. This care and treatment
shall be provided free of charge."
Principle 25
(1) The medical officer shall have the care of the physical
and mental health of the prisoners and
should daily see all sick prisoners, all
who complain of illness, and any prisoner
to whom his attention is specially directed.
(2) The medical officer shall report
to the director whenever he considers
that a prisoner's physical or mental health
has been or will be injuriously affected
by continued imprisonment or by any condition
of imprisonment.
Principle One of the UN Principles of
Medical Ethics relating to the care of
prisoners and detainees also states:
"Health personnel, particularly physicians, charged
with the medical care of prisoners and
detainees have the duty to provide them
with protection of their physical and
mental health and treatment of disease
of the same quality and standard as is
afforded to those who are not imprisoned
or detained."
Recommendations to the Cuban government
Amnesty International calls on the Cuban
government:
·
to order the immediate and unconditional release of all prisoners of conscience;
·
to ensure that an independent and impartial inquiry is held into allegations
of ill-treatment by prison guards and,
that the officials implicated in these
allegations are immediately suspended
from duty and those responsible brought
to justice;
·
to transfer all prisoners of conscience to prisons closer to their families’
homes, especially those suffering from
illness;
·
to fully implement the UN Body of Principles for the Protection of all Persons
Under Any Form of Detention or Imprisonment
and the UN Standard Minimum Rules for
the Treatment of Prisoners;
·
to provide full judicial guarantees to ensure that, in accordance with international
human rights standards, all detainees
have access to a fair trial, including
access to a lawyer;
·
to suspend Law 88 and other similar legislation that facilitates the imprisonment
of prisoners of conscience by unlawfully
restricting the exercise of fundamental
freedoms;
·
to ratify the International Covenant on Economic, Social and Cultural Rights;
the International Covenant on Civil and
Political Rights; the Optional Protocol
to the International Covenant on Civil
and Political Rights; and the Second Optional
Protocol to the International Covenant
on Civil and Political Rights, aiming
at the abolition of the death penalty.
Appendix: 71 prisoners of conscience
1. Nelson Alberto Aguiar Ramírez,
59
Sentence: 13 years
Date of arrest: 20 March 2003
Home town: Havana city
Prison: Combinado del Este Prison, Havana
2. Pedro Pablo Alvarez Ramos, 57
Sentence: 25 years
Date of arrest: 19 March 2003
Home town: Havana city
Prison: Hospital of Combinado del Este
Prison, Havana
3. Raúl Arencibia Fajardo, 41
Sentence: 3 years
Date of arrest: 6 December 2002
Home town: Havana city
Prison: 1580 Prison, Havana province
4. Pedro Argüelles Morán, 56
Sentence: 20 years
Date of arrest: March 2003
Home town: Ciego de Avila city
Prison: Nieves Morejón Provincial Prison,
Sancti Spiritus.
5. Víctor Rolando Arroyo Carmona,
53
Sentence: 26 years
Date of arrest: 18 March 2003
Home town: Pinar del Río
Prison: Guantánamo Provincial Prison,
Guantánamo
6. Mijail Barzaga Lugo, 36
Sentence: 15 years
Date of arrest: 20 March 2003
Home town: Havana city
Prison: Aguïca Prison, Matanzas province
7. Oscar Elías Biscet González,
43
Sentence: 25 years
Date of arrest: 6 December 2002
Home town: Havana city
Prison: Combinado del Este Prison, Havana
8. Marcelo Cano Rodríguez, 38
Sentence: 18 years
Date of arrest: 25 March 2003
Home town: Havana city
Prison: Ariza Provincial Prison, Cienfuegos
province
9. Francisco Chaviano González, 52
Sentence: 15 years
Date of arrest: 7 May 1994
Home town: Havana
Prison: Combinado del Este Prison, Havana
10. Rafael Corrales Alonso, 36
Sentence: 5 years
Date of arrest: 28 February 2002
Home town: Havana City
Prison: Valle Grande Prison, Havana
11. Eduardo Díaz Fleitas, 51
Sentence: 21 years
Date of arrest: 18 March 2003
Home town: Pinar del Río
Prison: Kilo 5½ Prison, Camagüey province
12. Antonio Ramón Díaz Sánchez,
41
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Havana city
Prison: Holguín Provincial Prison (Cuba
Sí)
13. Alfredo Rodolfo Domínguez Batista,
43
Sentence: 14 years
Date of arrest: 19 March 2003
Home town: Puerto Padre, Las Tunas
Prison: Holguín Provincial Prison (Cuba
Sí)
14. Alfredo Felipe Fuentes, 55
Sentence: 26 years
Date of arrest: 18 March 2003
Home town: Artemisa, Havana province
Prison: Guamajal Prison, Santa Clara,
Villa Clara province.
15. Efrén Fernández Fernández,
54
Sentence: 12 years
Date of arrest: 18 March 2003
Home town: Havana city
Prison: Guanajay Prison, Havana province
16. Juan Adolfo Fernández Sainz,
56
Sentence: 14 years
Date of arrest: 18 March 2003
Home town: Havana city
Prison: Holguín Provincial Prison (Cuba
Sí)
17. José Daniel Ferrer García,
33
Sentence: 25 years
Date of arrest: 19 March 2003
Home town: Santiago de Cuba
Prison: Combinado del Este Prison, Havana
18. Luis Enrique Ferrer García,
30
Sentence: 28 years
Date of arrest: 19 March 2003
Home town: Puerto Padre, Las Tunas province
Prison: Carlos J. Finlay Hospital, Havana
19. Próspero Gaínza Agüero, 47
Sentence: 25 years
Date of arrest: 18 March 2003
Home town: Moa, Holguín province
Prison: Boniato Provincial Prison, Santiago
de Cuba province
20. Miguel Galván Gutiérrez, 39
Sentence: 26 years
Date of arrest: 18 March 2003
Home town: Guines, Havana province
Prison: Agüica prison, municipality of
Colón, Matanzas province
21. Julio César Gálvez Rodríguez,
59
Sentence: 15 years
Date of arrest: 19 March 2003
Home town: Havana city
Prison: Combinado del Este Prison, Havana
22. José Luis García Paneque, 39
Sentence: 24 years
Date of arrest: 18 March 2003
Home town: Las Tunas
Prison: Hospital of Combinado del Este
Prison, Havana
23. Ricardo Severino González Alfonso,
53
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Havana city
Prison: Kilo 8 Provincial Prison, Camagüey
province
24. Diosdado González Marrero, 42
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: El Roque, Perico, Matanzas
province
Prison: Kilo 5½ Prison, Pinar del Río
province
25. Léster González Pentón, 26
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Santa Clara city
Prison: Carlos J. Finlay Hospital, Havana
26. Alejandro González Raga, 46
Sentence: 14 years
Date of arrest: 18 March 2003
Home town: Camagüey
Prison: Kilo 7 Prison, Camagüey province
27. Jorge Luis González Tanquero,
33
Sentence: 20 years
Date of arrest: 19 March 2003
Home town: Las Tunas province
Prison: Las Mangas, Granma province
28. Leonel Grave de Peralta Almenares,
27
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Juan Antonio Mella, Santiago
de Cuba province
Prison: Ciego de Avila Provincial Prison
(known as "Canaleta")
29. Iván Hernández Carrillo, 33
Sentence: 25 years
Date of arrest: 18 March 2003
Home town: Colón, Matanzas province
Prison: Holguín Provincial Prison (Cuba
Sí)
30. Normando Hernández González,
35
Sentence: 25 years
Date of arrest: 24 March 2003
Home town: Vertientes, Camagüey province
Prison: Abel Santamaría Hospital, Pinar
del Río province
31. Juan Carlos Herrera Acosta,
38
Sentence: 20 years
Date of arrest: 19 March 2003
Home town: Guantánamo
Prison: Kilo 8 Prison, Camagüey province
32. Regis Iglesias Ramírez, 34
Sentence: 18 years
Date of arrest: 21 March 2003
Home town: Havana
Prison: Combinado del Este, Havana province
33. José Ubaldo Izquierdo Hernández,
37
Sentence: 6 years
Date of arrest: 18 March 2003
Home town: Güines, Havana province
Prison: Guanajay Prison, Havana province
34. Rolando Jiménez Posada, 33
Sentence: awaiting trial
Date of arrest: 25 April 2003
Home town: Nueva Gerona, Isla de la Juventud
Prison: Guayabo Prison, Isla de la Juventud
35. Reinaldo Miguel Labrada Peña,
41
Sentence: 6 years
Date of arrest: 19 March 2003
Home town: Las Tunas
Prison: Guantánamo Provincial Prison,
Guantánamo
36. Librado Ricardo Linares García,
43
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Camajuaní, Villa Clara province
Prison: Ariza Prison, Cienfuegos province
37. Virgilio Marante Guelmes,
age unknown
Sentence: 3 years
Date of arrest: 6 December 2002
Home town: Havana city
Prison: Melena 2 Prison, Havana province
38. Héctor Fernando Maseda Gutiérrez,
62
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Havana
Prison: Villa Clara Provincial Prison
("El Pre"), Villa Clara province
39. José Miguel Martínez Hernández,
40
Sentence: 13 years
Date of arrest: 18 March 2003
Home town: Quivicán, Havana province
Prison: Guanajay Prison, Havana province
40. Mario Enrique Mayo Hernández,
40
Sentence: 20 years
Date of arrest: 19 March 2003
Home town: Camagüey
Prison: Hospital of Combinado del Este
Prison, Havana
41. Luis Milán Fernández, 35
Sentence: 13 years
Date of arrest: 18 March 2003
Home town: Santiago de Cuba
Prison: Hospital of Combinado del Este
Prison, Havana
42. Rafael Millet Leyva, 34
Sentence: awaiting trial
Date of arrest: 21 March 2003
Home town: Nueva Gerona, Isla de la Juventud
Prison: El Guayabo Prison, Isla de la
Juventud
43. Nelson Moliné Espino, 40
Sentence: 20 years
Date of arrest: 20 March 2003
Home town: San Miguel del Padrón, Havana
province
Prison: Kilo 5½ Prison, Pinar del Río
province
44. Ángel Juan Moya Acosta, 40
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Havana
Prison: Carlos J. Finlay Hospital, Havana
45. Jesús Miguel Mustafá Felipe,
59
Sentence: 25 years
Date of arrest: 1 March 2003
Home town: Palma Soriano, Santiago de
Cuba province
Prison: Ciego de Ávila Provincial Prison
(known as "Canaleta")
46. Félix Navarro Rodríguez, 50
Sentence: 25 years
Date of arrest: 18 March 2003
Home town: Perico, Matanzas province
Prison: Guantánamo Provincial Prison,
Guantánamo
47. Pablo Pacheco Avila, 34
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Ciego de Ávila
Prison: Morón Municipal Prison, Ciego
de Avila province
48. Héctor Palacios Ruiz, 63
Sentence: 25 years
Date of arrest: 20 March 2003
Home town: Havana
Prison: Hospital at Combinado del Este
Prison, Havana
49. Arturo Pérez de Alejo Rodríguez, 53
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Manicaragua, Villa Clara province
Prison: Ariza Prison, Cienfuegos province
50. Omar Pernet Hernández, 57
Sentence: 25 years.
Date of arrest: 19 March 2003
Home town: Placeta, Villa Clara
Prison: Carlos J. Finlay Hospital, Havana
51. Horacio Julio Piña Borrego,
37
Sentence: 20 years
Date of arrest: 19 March 2003
Home town: Sandino, Pinar del Río province
Prison: Kilo 5½ Prison, Pinar del Río
province
52. Fabio Prieto Llorente, 38
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Nueva Gerona, Isla de Pinos
Prison: Kilo 8 Prison, Camagüey province
53. Alfredo Manuel Pulido López,
43
Sentence: 14 years
Date of arrest: 18 March 2003
Home town: La Mascota, Camagüey province
Prison: Kilo 7 Prison, Camagüey province
54. José Gabriel Ramón Castillo,
46
Sentence: 20 years
Date of arrest: 19 March 2003
Home town: Santiago de Cuba
Prison: Carlos J. Finlay Hospital, Havana
55. Arnaldo Ramos Lauzerique, 63
Sentence: 18 years
Date of arrest: 18 March 2003
Home town: Havana city
Prison: Holguín Provincial Prison (Cuba
Sí)
56. Ricardo Ramos Pereira, 33
Sentence: 4 years
Date of arrest: 28 February 2002
Home town: Havana
Prison: Combinado del Este Prison, Havana
57. Blas Giraldo Reyes Rodríguez,
47
Sentence: 25 years
Date of arrest: 19 March 2003
Home town: Sancti Spíritus province
Prison: Nieves Morejón Prison, Sancti
Spíritus province
58. Alexis Rodríguez Fernández,
34
Sentence: 15 years
Date of arrest: 18 March 2003
Home town: Palma Soriano, Santiago de
Cuba province
Prison: Mar Verde, Santiago de Cuba province
59. Néstor Rodríguez Lobaina, 38
Sentence: 6 years and 6 months
Date of arrest: 2 March 2000
Home town: Baracoa, Guantánamo province
Prison: Paso de Cuba Prison, Guantánamo
province
60. Omar Rodríguez Saludes, 39
Sentence: 27 years
Date of arrest: 19 March 2003
Home town: Havana city
Prison: Agüica, Matanzas province
61. Omar Moisés Ruiz Hernández, 57
Sentence: 18 years
Date of arrest: 18 March 2003
Home town: Santa Clara city
Prison: Ciego de Avila Provincial Prison
(called "Canaleta")
62. Claro Sánchez Altarriba, 51
Sentence: 15 years
Date of arrest: 19 March 2003
Home town: Santiago de Cuba
Prison: Guantánamo Provincial Prison,
Guantánamo
63. José Enrique Santana Carreira,
29
Sentence: 4 years
Date of arrest: 28 February 2002
Home town: Havana
Prison: Valle Grande Prison, Havana
64. Ariel Sigler Amaya, 40
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Pedro Betancourt town, Matanzas
province
Prison: Santa Clara Provincial Prison,
Villa Clara province
65. Guido Sigler Amaya, 51
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Pedro Betancourt town, Matanzas
province
Prison: Aguïca Prison, Matanzas province
66. Ricardo Silva Gual, 31
Sentence: 10 years
Date of arrest: 18 March 2003
Home town: Palma Soriano, Santiago de
Cuba province
Prison: Boniato Prison, Santiago de Cuba
province
67. Fidel Suárez Cruz, 34
Sentence: 20 years
Date of arrest: 18 March 2003
Home town: Pinar del Río province
Prison: Agüica Prison, Matanzas province
68. Manuel Ubals González, 35
Sentence: 20 years
Date of arrest: 20 March 2003
Home town: Guantánamo province
Prison: Boniato Prison, Santiago de Cuba
province
69. Héctor Raúl Valle Hernández,
36
Sentence: 12 years
Date of arrest: 18 March 2003
Home town: San José de las Lajas, Havana
province
Prison: Guanajay prison, Havana province
70. Antonio Augusto Villareal Acosta, 56
Sentence: 15 years.
Date
of arrest: 18 March 2003
Home town: Villa Clara
Prison: Santa Clara Provincial Prison,
Villa Clara province
71. Orlando Zapata Tamayo, 36
Sentence: 3 years
Date of arrest: 20 March 2003
Home town: Havana city
Prison: Quivicán Prison, Havana province
********
(1) For Amnesty International, prisoners
of conscience are people detained anywhere
for their beliefs or because of their
ethnic origin, sex, colour, language,
national or social origin, economic status,
birth or other status, who have not used
or advocated violence.
(2) Cuba and the USA do not have diplomatic
relations. However, since 1977 the US
has had an Interests Section based at
the Swiss Embassy in Havana.
(3) Article 14 of the UN International
Covenant on Civil and Political Rights.
(4) For further information please see
Cuba: "Essential Measures"?
Human rights crackdown in the name of
security, AMR 25/017/2003.
(5) The Lawton Foundation for Human Rights
is an organization that promotes the defence
of all human rights, particularly the
right to life, through non-violent means.
The organization is not recognized by
the Cuban authorities.
(6) Oscar Elías Biscet has been in prison
since 6 December 2002 and is recognized
as a prisoner of conscience by Amnesty
International.
(7) Cuba ratified the UN Convention against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment in 1995 and presented
its first report to the Committee against
Torture (CAT) - the body charged with
monitoring implementation of the terms
of the Convention by the State parties-,
in November 1997.
(8) Body of Principles for the Protection
of All Persons under Any Form of Detention
or Imprisonment, G.A. res. 43/173, annex,
43 U.N. GAOR Supp. (No. 49) at 298, U.N.
Doc. A/43/49 (1988).
AI Index: AMR 25/002/2005