Amnesty
International. 3 June 2003. AI
INDEX: AMR 25/017/2003
In the most severe crackdown on the dissident movement since
the years following the 1959 revolution, Cuban authorities
arrested 75 dissidents in the space of several days in mid-March.
They were subjected to summary trials and were quickly sentenced
to long prison terms of up to 28 years. With this sweep the
authorities detained, with the exception of half a dozen well-known
figures critical of the regime, the bulk of the mid-level
leadership of the dissident movement; many of those arrested
had been involved in activities of dissent for a decade or
more.
The move, unprecedented in scope, was surprising to some observers
in that over the last several years Cuba had generally seemed
to be moving towards a more open and permissive approach.
With some exceptions, for example numerous arrests of dissidents
before and after the attempted gate-crashing of the Mexican
Embassy in February 2002, the number of prisoners of conscience
had declined steadily over past years. The Cuban authorities
had seemed to be moving away from the blanket imposition of
lengthy prison sentences as a means of stifling dissent, and
towards a more low-level approach of harassment, designed
more to discourage than to punish critics.(1) In addition,
in April 2000 Cuba began implementing a de facto moratorium
on executions, which was widely welcomed by observers of the
human rights situation on the island.
Given the accumulation over the last several years of these
and other signals of a relaxation in human rights terms, the
wave of arrests and summary trials, in addition to the execution
of three men convicted of hijacking, signal an alarming step
backwards in terms of respect for human rights. Not unusually
in the history of fraught bilateral relations, Cuban authorities
identified provocation and aggression from the United States
as the root source of the tensions which caused the crackdown.
Whatever the merits of the dispute between the Cuban government
and the United States over the latter's practices with regard
to Cuba, a review of the limited information contained in
the available trial documents indicates that the conduct for
which dissidents were prosecuted was not self-evidently criminal;
it was non-violent and seemed to fall within the parameters
of the legitimate exercise of fundamental freedoms as guaranteed
under international standards. On the basis of the available
information, therefore, Amnesty International considers the
75 dissidents to be prisoners of conscience(2) and calls for
their immediate and unconditional release.
2.
Context on the eve of the clampdown
2.1. Some positive developments with regard to human rights
Limitations on freedom of expression, association and assembly
remain codified in Cuban law; however, there were a number
of indicators that repression of dissidents was waning before
the crackdown in March.
One seemingly positive signal was the lack of wide scale repression
of a number of initiatives by unofficial organizations in
Cuba. While there were some incidents of harassment, the authorities
appeared to largely ignore dissident activities. The most
internationally well-known of these efforts is the Proyecto
Varela petition drive for legal reform. In 2002 other
initiatives, such as the Asamblea para promover la sociedad
civil, Assembly to Promote Civil Society, headed by prisoner
of conscience Marta Beatriz Roque Cabello, arrested in the
recent crackdown, were announced.
Another positive indicator was the slow but steady decline
in numbers of prisoners of conscience over the last years.
However the number peaked again in February 2002: the arrest
of several activists was followed by an incident at the Mexican
embassy in which a busload of youths crashed a bus through
the perimeter fence, in what the authorities said was a search
for asylum. The incident sparked more arrests of dissidents,
with the result that at the end of 2002 there were more prisoners
of conscience than at any point during the previous year.
On the eve of the March 2003 clampdown on dissent, Amnesty
International had identified 15 Cubans as prisoners of conscience,
detained solely for peaceful exercise of fundamental freedoms:
Yosvany Aguilar Camejo; José Aguilar Hernández; Bernardo Arévalo
Padrón; Oscar Elías Biscet González; Leonardo Bruzón Avila;
Francisco Chaviano González; Rafael Corrales Alonso; Carlos
Alberto Domínguez González; Emilio Leyva Pérez; Eddy Alfredo
Mena y González; Carlos Oquendo Rodríguez; Ricardo Ramos Pereira;
Lázaro Miguel Rodríguez Capote; Néstor Rodríguez Lobaina;
and Jorge Enrique Santana Carreiras.(3)
A de facto moratorium on executions dating back to
April 2000 was seen as another positive sign; although some
new death sentences continued to be handed down, there was
no information indicating that executions had been carried
out. This changed with the April 2003 executions of three
young men summarily tried and convicted under new anti-terrorism
legislation, following a hijacking in which no one was harmed
(see below).
2.2.
Improving relations with the international community
Cuba's
relations with some sectors of the international community
seemed to be improving in 2002 and early 2003. Political dialogue
with the European Union, blocked for five years over a number
of issues, including human rights concerns, had reopened with
an initial meeting in December 2001. A follow-up meeting with
representatives of the European Union was held in November
2002, and in March 2003 the first-ever official European Union
delegation was opened in Havana.
In April 2002 the UN Human Rights Commission had passed a
relatively mild resolution on human rights in Cuba, and in
November 2002, for the 11th consecutive year, the UN General
Assembly passed a resolution calling on the USA to end its
embargo against Cuba.
Cuba's relations with Canada, which had deteriorated over
the three previous years, improved with the visit of a senior
Canadian official in November 2002, and bilateral relations
with a number of other countries appeared to be strong or
improving.
2.3. Ongoing tensions with the United States
One exception to this pattern was the ongoing tension with
the government of the United States. Relations between the
two countries have been strained since the 1959 revolution,
becoming increasingly so with Cuba's espousal of a socialist
system and the 1961 US-backed invasion of Cuba at the Bay
of Pigs. The two countries do not have diplomatic relations,
although from 1977 Interests Sections were set up in their
respective capitals. The tension between them has affected
both bilateral and international relations, and can be seen
in numerous areas.
The US embargo against Cuba
The US has operated a financial and trade embargo against
Cuba since 1962. It has consistently maintained that it will
only change its policy if it sees fundamental political shifts
on the island. The Cuban authorities maintain that the embargo
is illegal and has caused massive suffering in Cuba, and regularly
call for it to be repealed. This call has been consistently
made by others as well, including the United Nations General
Assembly (see below).
US legislation strengthening the embargo has been passed several
times since its inception; in one such effort, in March 1996,
US president Bill Clinton signed into law the Cuban Liberty
and Democratic Solidarity Act," otherwise known as the
"Helms-Burton Act" after the lawmakers who sponsored
it. The text of that law is discussed in more detail below.
In more recent years, however, calls in the US for a lifting
of the embargo have increased.
Since his inauguration, US president George W. Bush indicated
that he would veto any legislative attempt to remove the embargo
or other restrictions on Cuba unless a multiparty system was
established and elections held. This position was criticised
by former US president Jimmy Carter, whose visit to Cuba in
May 2002 marked the highest-level visit from the USA since
1959. There was also opposition to the Bush administration's
approach from other sectors in the US; in October 2002, the
US House of Representatives voted to end travel restrictions
on US citizens wanting to visit Cuba, and Cuba continued to
receive visits from local and national US lawmakers, among
other public figures.
Human rights and the US embargo
Amnesty International calls for the lifting of sanctions where
it believes the continuation of sanctions might contribute
to grave human rights abuses. A review of the impact of the
US embargo against Cuba and other related policies in this
regard is deeply worrying.
a.
Impact of the embargo on economic, social and cultural rights
In November
2002, for the eleventh consecutive year, the UN General Assembly
approved a resolution that called on the US to "take
the necessary steps to repeal or invalidate" the embargo
against Cuba and related measures.(4) The resolution, entitled
"Necessity of ending the economic, commercial and financial
embargo imposed by the United States of America against Cuba,"
passed by 173 votes to 3, with 4 abstentions.
The vote
followed the issuance of a report of the same name by the
UN Secretary General; the General Assembly had requested that
the report be drawn up in its 2001 resolution condemning the
embargo. In that report, UN agencies resoundingly condemned
the impact of the embargo on the economic, social and cultural
life of Cuba. A selection of their comments provided in the
text box below demonstrates how the embargo has affected all
areas of life on the island.
The overwhelming
evaluation of the relevant UN agencies is that the US embargo
against Cuba is highly detrimental to Cubans' enjoyment of
a range of economic, social and cultural rights. Moreover,
much of their analysis indicates that the negative effects
of the embargo are felt disproportionately, not by the decisionmakers
and authorities whose policies the embargo is aimed at influencing,
but by the weakest and most vulnerable members of the population.
The
negative impact of the US embargo on economic, social and
cultural rights
The 2002 report of the Food and Agriculture Organization
of the United Nations described the negative impact of the
embargo and indicated that "Cuba is one of the five countries
with the largest increases in the prevalence of undernourishment
during the 1990s. According to FAO estimates, the proportion
of the undernourished in its population rose from 5% in 1990-1992
to 17% in 1997-1999."(5)
UNICEF,
the United Nations Children's Fund, was unequivocal about
the negative impact of the embargo, indicating that it "has
an impact upon all spheres of Cuban society. It affects particularly
the efforts of the Government of Cuba to protect children,
adolescents, women and families, as defined in the Convention
of the Rights of the Child."(6)
The United
Nations Educational, Scientific and Cultural Organization
found that "in the case of education, where Cuba
has achieved very important development levels, there has
been an exacerbation in the scarcity of material resources
for the publication of textbooks, the lack of availability
of educational materials, the deterioration of many educational
centres, the decrease in the quality of food and the drop
in material incentives for teaching personnel … The
embargo has also retarded the scientific development of the
country."(7) UNESCO's findings "demonstrate(s) the
need to put into effect the call on the United States Government
to put an end to this policy, which violates the rights of
the Cuban people."(8)
The United
Nations Population Fund added: "The decades-long
United States economic embargo has exacerbated the situation
and contributed to a further deterioration of the quality
of life of the Cuban population. In 2001, the standard of
living indicators stood below 1990 levels. The scarcity of
financial assistance and severe restrictions on imports due
to financial constraints have taken their toll on the delivery
of basic social services."(9)
The World
Health Organisation condemned the health impact of the
embargo: "at the outset, it should be noted that the
embargo has had a very significant negative impact on the
overall performance of the national economy, diverting the
optimal allocation of resources from the prioritized areas
and affecting the health programmes and services. This, in
the end, compromises the quality of life of the population,
specifically the children, the elderly and the infirm."(10)
b.
Impact of the embargo on the enjoyment of civil and political
rights
In addition,
Amnesty International believes that the US embargo has helped
to undermine the enjoyment of key civil and political rights
in Cuba by fuelling a climate in which such fundamental rights
as freedom of association, expression and assembly are routinely
denied. The embargo provides the Cuban government with an
excuse for its repressive policies, while the widespread sympathy
the country has garnered for resisting US pressure has left
third countries reluctant to push Cuba to resolve its human
rights crisis. Specific embargo provisions have also undermined
the development of a human rights movement on the island,
which in turn weakens prospects for the emergence of an independent
civil society.
This impact
can be seen most clearly on the legal front. The Cuban authorities
have systematically defended their repressive legal system
on the grounds that states under aggression have the right
to restrict freedoms in the interests of national security.
Article
1 of Cuba's Constitution names it as an explicitly socialist
state.(11) The Constitution conditions the exercise of fundamental
freedoms on support for the system:
None
of the liberties recognised for the citizens can be exercised
against what is established by the Constitution and the
laws, or against the existence and objectives of the socialist
state, or against the decision of the Cuban people to construct
socialism and communism.(12)
This conditionality
also exists with regard to specific rights. The rights of assembly
and association are recognised, within the defined framework
of "mass and social organisations" which "possess
the means necessary to such ends."(13) Freedom of speech
and of the press are recognised, "in conformity with the
objectives of the socialist society."(14) In this way,
the exercise of fundamental freedoms in ways which are perceived
as hostile to the system is not Constitutionally protected.
In addition
to conditioning the exercise of rights in this way, the Constitution
specifically declares Cuba as "anti-imperialist and internationalist,"
and declares that Cuba
repudiates
direct or indirect intervention in the internal or external
matters of any State and, therefore, armed aggression, economic
blockade, and any other form of economic or political coercion...(15)
The combination
of these two tendencies, the conditionality of rights and the
avowedly anti-interventionist nature of the Cuban republic,
create a situation in which perceived external aggression is
met with increased internal repression of dissent.
Then-Minister
for Foreign Affairs Roberto Robaina demonstrated the link
during a 1995 address, the language of which is strikingly
similar to recent official declarations:
...
we can only make further progress if the policies and actions
contrary to the interests of the vast majority of our people
are eliminated. No country admits the legal existence of
organised groups that endanger the democratic system in
power, particularly if that system was created on the basis
of a consensus such as few peoples in the world have ever
known. In other words: in Cuba it is not possible to make
a counter-revolution legally, especially if the credentials
for doing so are obtained in the offices of the representative
of our number-one enemy.(16)
As later
sections of this document will demonstrate, the strengthening
of the embargo with the Helms-Burton law in 1996 prompted the
Cuban authorities to respond with harsh legislation which has
ultimately been used to condemn prisoners of conscience to long
prison terms. The passage of this
law elicited expressions of concern about the its potential
impact on the development of Cuba's dissident movement. In his
January 1997 report, the then UN Special Rapporteur on the situation
of human rights in Cuba, Carl-Johan Groth, noted that
under
the terms of the Helms-Burton Act (officially, the Cuban
Liberty and Democratic Solidarity Act) and the Torricelli
Act (officially, the Cuban Democracy Act), which stipulate
specific conditions and time-frames for the lifting of the
embargo, the United States of America assumes the right
to be the outside party that determines the rules for converting
the current totalitarian system into a different, more pluralist
one. This inspires doubt rather than confidence about the
future and may cause some dissidents to feel that their
own criteria are irrelevant and that Cuba's future will
in any case be decided without consulting them. The direct
result of this situation could be a decline in the trend
towards overt political activity and the risk it implies.(17)
In addition
to these concerns, Amnesty International believes that Cuban
authorities have been able to use US economic assistance, even
given indirectly through Miami-based or other groups, to undermine
the human rights movement in several areas. With regard to these
issues, following his May 2002 visit to Cuba, former US president
Jimmy Carter advised the Bush administration against any deepening
of the restrictions against Cuba. On the issue of aid to the
dissident movement, he shared serious concerns about the ultimately
negative impact of such aid:
We then
had extensive meetings with a wide range of the most notable
dissidents, each the leader of an organization and many
having completed prison sentences for their demands for
change in the socialist regime. They were unanimous in expressing
appreciation for my speech, willingness to risk punishment
rather than be silent, hope that American visitation could
be expanded, and opposition to any elevation of harsh rhetoric
from the United States toward Cuba and to any funding of
their efforts from the U.S. government. Any knowledge or
report of such financial support would just give credibility
to the long-standing claims of President Castro that they
were "paid lackeys" of Washington.(18)
Recent reports
have indicated that the United States government is considering
further tightening its sanctions against Cuba, possibly through
widening the ban on US travel to Cuba and cutting off remittances
sent by Cubans resident in the US to their families on the island.
Amnesty International believes that any tightening of the existing
sanctions would only heighten the negative human rights impact
of the embargo described above.
The situation of the 'Miami Five'
Tensions between the two countries have been heightened over
the last months by disputes over the treatment of five Cuban
men, René González, Fernando González, Gerardo Hernández Nordelo,
Antonio Guerrero and Ramón Labañino, convicted in the US in
2001 on charges of spying on behalf of Cuba. The Cuban authorities
gave much attention to the case, describing the men as heroes
whose sole aim had been to protect Cuba from a potential terrorist
threat by infiltrating exile groups in Miami, and their campaign
received substantial support internationally.
In November 2002, the five men demanded a retrial on the grounds
that anti-Cuba bias in Miami prevented them from getting a
fair trial. Amnesty International wrote to the US authorities
on several occasions to express concern at the treatment received
by the men and the difficulties faced by their families in
gaining access to them.
The 'war on terror'
Cuban officials have criticised the United States for not
acting against certain groups among the Cuban exile community
in the US which are allegedly training for a possible armed
invasion of Cuba.(19) One such group, Comandos F-4,
reportedly claims to have shot and wounded a Cuban spy in
Havana earlier this year.(20)
For its
part, the US has also made accusations against Cuba. On 6
May 2002 the Undersecretary of State for arms control, John
R. Bolton, alleged that Cuba was researching biological weapons
and had provided technology to "other rogue states."(21)
His allegation coincided with the runup to the visit of former
President Jimmy Carter to Cuba, during which Carter maintained
that US authorities who briefed him prior to the visit had
assured him there was no such evidence. In a statement during
a visit to the Center for Genetic Engineering and Biotechnology
in Havana, Carter said that "there were absolutely no
such allegations made or questions raised" during "intense
briefings from the State Department, the intelligence agencies
- and high officials in the White House" before his visit
to Cuba.(22)
Cuba also
roundly denied the accusations. Former president Carter stated
that in response to the allegations, President Castro had
offered to open Cuba's biotechnology research facilities for
inspection.(23)
Since
that time, somewhat conflicting signals have emerged from
the US administration about this issue. Prominent administration
members, including Secretary of State Colin Powell, were reported
to have distanced themselves from the allegation.(24) It was
repeated again, however, by then-Assistant Secretary of State
for the Western hemisphere Otto Reich.(25) The US Department
of State's "Patterns of Global Terrorism" report
for 2001 contained no mention of the allegation; neither did
the 2002 report, released on 20 April 2003.
However,
the latter report again included Cuba in a list of seven "state
sponsors of terrorism," defined as states which have
"repeatedly provided support for acts of international
terrorism."(26) With regard to Cuba, the report acknowledged
that Cuba had signed and ratified all twelve international
counterterrorism conventions in 2001 and noted that "Cuba
did not protest the use of the Guantanamo Bay base to house
enemy combatants from the conflict in Afghanistan;" however,
it continued, "it has remained opposed to the US-led
Coalition prosecuting the war on global terrorism and has
been actively critical of many associated US policies and
actions."(27)
The specific
accusations against Cuba were that it "continued to host
several terrorists and US fugitives" and " sent
agents to US missions around the world who provided false
leads designed to subvert the post-September 11 investigation."(28)
In mid-March,
against the backdrop of preparations for the US-led military
invasion of Iraq and widespread speculation that other states
accused of sponsoring terrorism might also be targeted, the
Cuban authorities detained scores of dissidents on accusations
of seeking to subvert the Cuban system and conspiring with
the US.
3.
The mass arrests: a sudden and unprecedented crackdown
I am certain that informing others objectively and professionally
and writing my opinions about the society in which I live
cannot be a very serious crime - no one, no law will make
me believe that I have become a gangster or a delinquent
just because I report the arrest of a dissident, or list
the prices of staple foods in Cuba, or write that I find
it appalling that more than 20,000 Cubans every year go
into exile in the United States and hundreds of others try
to go anywhere they can.(29) - Raúl Rivero Castañeda, in
1999. He was arrested in the crackdown and sentenced to
20 years' imprisonment.
For several
days beginning on 18 March 2003, Cuban security forces began
arresting known dissidents across the island. Those detained
included journalists and economists, doctors, pro-democracy
members of illegal opposition parties and other activists.
According to reports, security agents searched the homes of
those detained, confiscating computers, fax machines, typewriters,
books and papers; in a number of cases, this material was
then included in the prosecution's case against the activists.
3.1.
Cuba's official stance on the mass arrests
As they
had often done in the past, Cuban authorities immediately
justified the crackdown as an unavoidable response to US aggression.
They maintained that the behaviour of James Cason, head of
the US Interests Section in Havana, was the immediate catalyst
for the crackdown.
Since
his arrival in Cuba in September 2002, the head of the US
Interests Section,(30) James Cason, had reportedly taken a
higher and more active profile and more public stance in criticising
the Cuban system than his predecessors. As one journalist
wrote in January after an interview with him, "Since
he arrived, Cason says, he has put more than 4,000 miles on
his car and visited nine of Cuba's 14 provinces, talking to
hitchhikers along the way and dining with dissidents and religious
leaders in the island's heartland."(31) In the period
leading up to the crackdown Cason reportedly made a high-profile
visit to a meeting of dissidents and spoke with international
journalists gathered there, as well as allowing dissidents
to use his official residence for events.
In the
days leading up to the crackdown, Cuban Foreign Minister Felipe
Pérez Roque described what he called "really unprecedented
behaviour, something new for us since the Section was created,"
and said that the Cuban government believed it to be part
of a deliberate plan to strain relations.(32) President Castro
indicated that on 17 March, the day before the crackdown began,
the Cuban authorities submitted a written note to the US Interests
Section to protest at what they considered James Cason's violations
of the 1961 Vienna Convention on Diplomatic Relations.(33)
The official
note announcing the arrests opens with a condemnation of
the
shameless and repeated provocations of the Head of the United
States Interests Section in Cuba, obviously conceived and
carried out as part of the hostile and aggressive policy
of the current Administration towards our country, with
the close cooperation and support of the terrorist mafia
in Miami and the extreme right of the United States.(34)
The note
asserted that the Interests Section was involved in activities
to destabilise Cuba:
No country,
as powerful as it may be, has the right to convert its diplomatic
representation into the organizer, funder, chief and general
headquarters of activities to destabilize, subvert the constitutional
order, break the laws, conspire against the social development,
sabotage the economic relations, threaten the security and
destroy the independence of another country.(35)
The note
went on to warn:
There
should not be the slightest doubt that the Revolution will
apply with the necessary rigor, and as required by the circumstances,
the laws created to defend itself from new and old tactics
and strategies against Cuba.(36)
In a 9
April speech on the trials of the dissidents, Foreign Minister
Felipe Pérez Roque refuted allegations that Cuba had timed
the crackdown to take advantage of diverted global attention
to the conflict in Iraq, repeating again the official justification
of the arrests:
these
arrests were carried out before the beginning of the war
in Iraq - it was before that the decision was made and the
arrests were carried out as a consequence of the unsustainable
situation that we had been put in by the provocations and
irresponsible behaviour of Mr. Cason.(37)
Foreign
Minister Pérez Roque indicated that Cuba reserved the right
to close the Interests Section:
We know
that this is the hope, the golden dream of those who maintain
the blockade and the policy of aggression towards Cuba;
it may also be the dream of Mr. Cason, his heroic return
expelled from Cuba. We know well who would celebrate and
welcome this decision; but, in any case, closing the Interests
Section in Havana and asking Mr. Cason to leave the country
is a right that we reserve.(38)
In later
speeches, additional aggravating factors in US-Cuba relations
were added to the official explanation. Cuban authorities
have consistently criticised US immigration policy; they claim
it encourages dangerous attempts at illegal migration by automatically
granting Cubans, unlike those of other nationalities, the
automatic right to legal status upon arrival on US soil. In
a 25 April speech, President Castro described a series of
recent hijackings of Cuban vessels by individuals attempting
to reach the US, and accused the US of violating bilateral
migration agreements and putting Cuban lives at risk by provoking
such attempts: "the most serious part of the conspiracy
against Cuba ... is the aim of breaking the Migration Accords
and forcing a mass emigration."(39)
President
Castro went even further, accusing the US not just of provoking
mass migration but of doing so as an excuse for armed intervention:
"the sinister idea is to provoke armed conflict between
Cuba and the United States. In this way they hope to liquidate
the Revolution."(40)
3.2.
Domestic reaction to the crackdown
There
were important reactions to the crackdown from within Cuba.
In a significant move, the permanent committee of Cuba's Conference
of Catholic Bishops issued a press release on 11 April expressing
concern at recent events.
On 22
April a group of Cuban women, including wives and mothers
of those convicted, reportedly presented at the Council of
State building a letter addressed to Fidel Castro asking for
an end to repression and executions in Cuba:
We demand
the abolition of the death penalty, as a crime with judicial
trappings. Also, the elimination of the excessive sentences
imposed on 75 peaceful human rights defenders -- independent
journalists and economists and oopposition members -- only
for expressing their opinions openly. (41)
Some of the
women had been regularly carrying out weekly peaceful marches
at the Santa Rita church in the Playa area of Havana as part
of the Comité de madres cubanas por la libertad de los presos
políticos, Committee of Cuban Mothers for Freedom for Political
Prisoners. The group of mothers marched to call for the release
of their loved ones and for better access for family visits.
3.3.
International response
The international
condemnation of the crackdown in Cuba has been unprecedented,
indicating that a significant portion of the international
community did not accept Cuba's justification for its actions
or felt that its response had been excessive and ill-judged.
At the same time, Cuba avoided specific condemnation at the
United Nations Commission on Human Rights.
United
Nations Commission on Human Rights
As has happened
every year since 1992, the issue of Cuba's human rights record
was raised during the meeting of the United Nations Human Rights
Commission in Geneva in April 2003.(42) Voting was postponed
for a day after two amendments to the original text, which was
presented by Costa Rica, Nicaragua, Peru and Uruguay before
the crackdown, were proposed. One amendment, put forward by
Costa Rica, added language that condemned the recent crackdown
in Cuba. It was voted down by 31 votes to 15, with 7 abstentions.
The second amendment, proposed by Cuba, urged the immediate
ending of the US embargo and requested that the UN High Commissioner
for Human Rights undertake an evaluation of the human rights
impact of "continuous terrorist acts carried out with impunity
against the people of Cuba from the territory of the United
States."(43) It was voted down as well, by 26 votes to
17 with 10 abstentions. On 17 April the original, pre-crackdown
resolution was passed; it simply noted the previous year's resolution,
which had invited the Cuban government to achieve similar progress
in civil and political rights as it had done in social rights.
In addition it called on Cuba to receive the visit of Christine
Chanet, the personal representative for Cuba of the United Nations
High Commissioner for Human Rights, who was appointed in January
2003.(44) The resolution was passed by 24 votes to 20, with
9 abstentions.
In a press conference on 18 April, Cuban Foreign Minister Pérez
Roque expressed satisfaction at the defeat of the Costa Rican
amendment but clarified that that did not imply acceptance of
the resolution itself:
...We
want to say that this does not change the fact, however,
that we reject also the final Resolution that was adopted.
We reject it because, although it is not a condemnatory
text, it is a text which is not justified ... it is a North
American text, which corresponds to North American interests.
(45)
In November 1994 the then-High Commissioner, José Ayala Lasso,
visited Cuba, in response to an invitation soon after the post
was created. However, the request to allow a visit from the
Special Rapporteur for Cuba was not granted. On the issue of
the recommended visit of the new High Commissioner's representative,
in his address Foreign Minister Pérez Roque indicated that Cuba
would not comply with the recent resolution:
Cuba
does not refuse to cooperate with the High Commissioner,
on the contrary; nor with the non-selective and non-discriminatory
mechanisms of the Commission or the Office of the High Commissioner,
of course not. What Cuba is not willing to accept is the
manipulation of this topic; the unscrupulous use, even of
the United Nations itself, to justify the campaign against
Cuba ... it is for this reason that Cuba does not accept
the mandate of the resolution.(46)
At the
end of the Commission session, Cuba was re-elected as one
of the 53 members of the Commission. A spokesman for the US
White House reportedly said Cuba's election was "like
putting Al Capone in charge of bank security."(47) The
US had itself lost its seat in 2001 for the first time since
the Commission's establishment in 1947, to return to it one
year later.
European
Union
The crackdown
came just as relations with Europe had improved significantly.
On 12 March, just days before the wave of arrests began, the
European Union opened its first-ever office in Cuba. Poul
Nielson, Commissioner for Development and Humanitarian Aid,
visited the island to open the delegation and stated publicly
that the EU intended to strengthen its relations with Cuba.(48)
He also welcomed Cuba's application for admission to the Cotonou
trade agreement.(49)
Following
the crackdown, in his 9 April press conference on the trials,
Foreign Minister Pérez Roque addressed the issue of the EU's
relations with Cuba. He was critical of the parallels between
the EU's positions and those of the US:
The
European Union has not had the capacity to project an independent
position towards Cuba, and this explains its lukewarm reaction
to the blockade against Cuba; it explains its aligning itself
with the North American position against Cuba in Geneva;
it explains the fact that they have not been capable of
forming a European position on Cuba that defends international
law ...I should remind you that Cuba has already once withdrawn
its application to the Cotonou Agreement, and if it had
to do so again it would.(50)
On 14
April the External Relations Council of the European Union
adopted a resolution on Cuba condemning the mass arrests,
unfair trials and excessive sentences as well as the executions
of the three hijackers. The resolution stated,
These
latest developments display a deterioration in the human
rights situation in Cuba and will both affect EU/Cuba relations
and the perspectives of strengthened cooperation. The Council
will continue to monitor the situation closely.(51)
In response,
on 17 April the Cuban ambassador to the EU, Rodrigo Malmierca
Díaz, defended Cuba's policy and reaffirmed his country's interest
in the Cotonou Agreement.(52)
On 23
April, the European Commission scheduled for the following
week a debate on its reaction to the situation in Cuba; several
member states were reportedly considering downgrading the
level of their cooperation with the island.(53) On 30 April
the Commission announced its decision to freeze consideration
of Cuba's application. On 16 May, Cuba's Ministry of Foreign
Affairs informed the head of the European Commission delegation
that Cuba was cancelling its application to the Cotonou Agreement.
The Ministry's official statement issued the following day
concluded:
Cuba
has resisted more than 44 years of embargo, aggression and
threats from the United States without surrendering, and
it sees no reason whatsoever to accept pressure from anyone
else.(54)
These
recent developments reverse earlier improvements in relations
with the EU, and make Cuba ineligible for EU development funds
and other assistance earmarked for ACP countries.
Organization
of American States
The Special
Rapporteur for Freedom of Expression of the Organisation of
American States (OAS) expressed concern at the arrests and
summary trials, and "urged the Cuban authorities once
again to change their position regarding the independent press
and to allow all inhabitants the right to freedom of expression
and information."(55) On World Press Freedom Day, 3 May
2003, the Special Rapporteur joined his UN counterpart, the
United Nations Special Rapporteur on Freedom of Opinion and
Expression, to express grave concern at the sentences given
out to the dissidents.(56)
Meanwhile,
the Inter-American Commission on Human Rights condemned the
executions of the three would-be hijackers(57) and expressed
grave concern at the detention and trial of the dissidents.(58)
Several
efforts to introduce a resolution by the 34-member OAS condemning
human rights violations in Cuba failed due to lack of support.
On 19 May, Canada, Chile and Uruguay, which had sponsored
the latest effort, re-submitted the text in a non-binding
form to the Permanent Council of the OAS. Sixteen of the member
states signed on to the revised statement, indicating a sharp
divide among members. In 1962, the OAS had decided that adherence
by any of its members to Marxism-Leninism was incompatible
with the inter-American system and that such incompatibility
therefore excluded "the present government of Cuba"
from participation in the system.
United
States
The United
States firmly condemned the crackdown, and, as in previous
years, provided impetus for the UN Human Rights Commission
text condemning Cuba; the rejection of the Costa Rica amendment
was therefore seen as a defeat of the initiative preferred
by the US. It had played a similar role with regard to the
effort to produce a resolution condemning Cuba by the OAS,
with comparable results (see above).
a.
Discussion of tightening of the embargo
In response
to the crackdown, organisations in the US which had favoured
an easing of US relations with Cuba quickly revised their
positions. The board of directors of one such group, the Cuba
Policy Foundation, resigned in protest at the crackdown in
Cuba:
We organized,
funded and supported the Foundation because we hoped, and
had reason to believe, that its energetic efforts to modify
the ban on Cuba trade, travel and investment might succeed
over time. We can only conclude, however, that in spite
of its claims to the contrary, Cuba does not share our enthusiasm
for a more open relationship. For this reason we have tendered
our resignations.(59)
The US government
reportedly considered tightening even further its restrictive
policy towards Cuba, by cutting off cash remittances from relatives
in the United States, an important source of income for many
Cubans, and strengthening the travel ban. US authorities reportedly
reviewed contingency plans for their response in the event of
another mass migration from Cuba like those that occurred in
1980 and 1994.(60) US Secretary of State Colin Powell called
Cuba an "aberration in the Western Hemisphere" and
said "we're reviewing all of our policies and our approach
toward Cuba in light of what I think is a deteriorating human
rights situation."(61)
b.
Heightened rhetoric between Cuba and the US
Some US
officials went even further in their statements, fuelling
increasingly strong rhetoric between the US and Cuba. On 10
April, the US ambassador to the Dominican Republic, Hans Hertell,
indicated that the war in Iraq was an example for Cuba: "I
think what is happening in Iraq is going to send a very positive
signal, and it is a very good example for Cuba, where we saw
that last week the Fidel Castro regime ordered the arrest
of more than 80 citizens."(62)
US diplomat
Wayne Smith, Head of the US Interests Section under President
Jimmy Carter, said "the Cubans saw it [ the Iraq war
] as a signal that the United States was determined to throw
its weight around and to blow away anyone it doesn't like
through the unilateral use of force."(63) Speaking to
National Public Radio, he said "there is a certain sense
on the part of the Cubans that they might be next."(64)
On the
Cuban side there were statements that reinforced the impression
that Cuban officials felt under threat in the context of the
war in Iraq. The president of the International Relations
Committee of the Cuban parliament told regional press, "I
believe that countries like ours, that are considered by the
United States as its enemies, are in more danger than others;
but we should not see it as a matter affecting one country
alone, it really is a risk for everyone." (65)
In an
interview with a US television network, US Defense Secretary
Donald Rumsfeld responded to a question about whether the
US would consider 'the liberation of the Cuban people' by
saying that at the present time "there are no plans for
military action against Cuba."(66) He said that that
could change if Cuba were believed to possess weapons of mass
destruction.
In his
May Day speech, President Castro again alluded to the perceived
threat of US military aggression against Cuba, stating that
"in Miami and in Washington it is being discussed today
where, how and when to attack Cuba."(67) He ended the
speech with a dramatic appeal for peace between the two countries,
while reiterating the willingness of the Cuban people to fight
if needed to defend their country.
On 13
May the Bush administration, in one of the largest such expulsions
to date, expelled 14 Cuban diplomats from the US. Seven worked
at the Interests Section in Washington, and seven more at
the Cuban mission to the UN in New York. Although official
statements about the reasons for the expulsions varied, they
indicated that the Cuban diplomats had been accused of "inappropriate
activities."
Other
agencies and organisations
On 26
April the Vatican announced that Pope John Paul had written
to President Castro on 13 April to express sorrow at the executions
and the harsh sentences against dissidents. The letter reportedly
asked for a gesture of clemency from the Cuban authorities.(68)
The United
Nations High Commissioner for Human Rights expressed concern
over the arrests and the fairness of the expedited trials,
including with regard to the right to defence.(69) The director
general of the United Nations Educational, Scientific and
Cultural Organization (UNESCO) was among those who denounced
the arrests.(70)
Numerous
governments expressed their deep concern at the events to
the Cuban diplomatic representatives in their countries. More
than 300 artists, intellectuals and politicians joined a campaign
begun by a Spanish magazine on behalf of the detainees; a
separate international campaign, in support of Cuba's position,
drew attention from other artists and intellectuals.(71)
Activists
of the human rights organisation Reporters without Borders
were reportedly beaten by embassy security guards while protesting
the arrest of 26 journalists during the crackdown. The protest
took place in front of the Cuban embassy in Paris on 24 April.
The confrontation occurred when the activists handcuffed themselves
to the property's fence. On 1 April the organisation's activists
had briefly occupied the Cuba tourism office in Paris.
Overall,
the March crackdown was met with an unprecedented international
reaction, prompting a heightened level of scrutiny of Cuba's
human rights situation at many different levels. The impact
of this in Cuba remains unclear.
4.
The legal proceedings against the dissidents
The March
arrests were handled differently than smaller-scale multiple
arrests carried out in 2002. In February 2002, a group of
young men drove a commandeered public bus into the Mexican
Embassy compound in Havana in an apparent attempt to secure
asylum and leave Cuba; the incident set off a chain of arrests
of known dissidents, and was thought to influence the continued
detention of several who had just been arrested. Most of the
dissidents were released thereafter, but ten of them remain
in detention and are considered by Amnesty International to
be prisoners of conscience. In those cases, the men were not
promptly brought to justice; over a year has passed without
them being brought to trial.(72)
In contrast,
those arrested in the March sweep were brought to trial immediately
and subjected to hasty collective proceedings. While a number
of aspects of the judicial process were flawed, Amnesty International
will focus on the charges brought against the defendants and
their trials and sentencing.
4.1.
The charges brought against the dissidents
Significantly,
the charges brought against those arrested in the crackdown
did not include the more common accusations usually used to
suppress dissent, such as propaganda enemiga, enemy
propaganda, desacato, disrespect, or desórdenes
públicos, public disorder. Rather, the emphasis was on
more serious offences which carry higher penalties under the
Cuban Penal Code.
Article 91 of the Penal Code
Amnesty International has had access to trial documents for
51 of the 75 dissidents tried. Article 91 of the Penal Code,
which was the sole charge for 26 of the dissidents and was
used in conjunction with Law 88 (see below) for another six,
provides for sentences of ten to 20 years or death against
anyone convicted of "acts against the independence or
territorial integrity of the state."(73) Under this article,
"he who, in the interest of a foreign state, commits
an act with the objective of damaging the independence or
territorial integrity of the Cuban state, incurs the penalty
of ten to twenty years imprisonment or death."(74)
Law 87 of 1999, which modifies the Penal Code, changes the
provisions regarding sentencing to provide for life imprisonment.
Law 88
In nineteen of the 51 cases that Amnesty International has
been able to review in detail, dissidents were charged under
Law 88, the Ley de Protección de la Independencia Nacional
y la Economía de Cuba, Law for the Protection of the National
Independence and Economy of Cuba. In another six cases, Law
88 was used in conjunction with article 91 of the Penal Code
(see above).
a. The build-up to Law 88
As mentioned above, in March 1996, US President Bill Clinton
signed into law the Cuban Liberty and Democratic Solidarity
Act," otherwise known as the "Helms-Burton Act"
after the lawmakers who sponsored it. The text condemned recent
events in Cuba,(75) tightened the US embargo, and discouraged
investment in Cuba by providing for penalties against foreign
companies investing there. It also provided for claims of
confiscation of property and for US assistance to 'democracy-building
efforts' in Cuba (see text box).
In December 1996 the Asamblea Nacional del Poder Popular,
the National Assembly of Popular Power, passed Law 80, Ley
de Reafirmación de la Dignidad y Soberanía Cubana, Law
of Reaffirmation of Cuban Dignity and Sovereignty. This law
was an explicit response to the Helms-Burton law:
The National
Assembly of Popular Power, as representative of the people,
repudiates the 'Helms-Burton Law' and declares its irrevocable
decision to adopt the measures in its power as a response
to this anti-Cuban legislation.(76)
'Cuban Liberty and Democratic Solidarity (Libertad) Act
of 1996,'
or 'Helms-Burton Act'
One hundred fourth Congress of the United States of America,
at the second session. H.R. 927, 3 January 1996.
First and foremost, the Helms-Burton law tightens the US embargo
against Cuba. Under section 109 it also allows the US president
to "furnish assistance and provide other support for individuals
and independent nongovernmental organizations to support democracy-building
efforts for Cuba," including through
· provision of published materials to independent democratic
groups in Cuba;
· humanitarian assistance to victims of political repression
and their families;
· support for democratic and human rights groups in Cuba; and
· support for visits and permanent deployment of international
human rights monitors in Cuba.
The law also sets out 'requirements and factors for determining
a transition government' (section 205) as well as 'requirements
for determining a democratically elected government' (section
206).
The Title III: Protection of property rights of United States
nationals" provision of the law would allow US nationals
whose property was confiscated by Cuba to seek compensation
in US courts from any foreign national who bought that property
from Cubas government; this provision has been consistently
waived, and has yet to come into force.
The Helms-Burton Act has been explicitly condemned by members
of the international community, but has not been repealed. In
February 1997 the European Union filed a formal petition with
the World Trade Organization challenging the Helms-Burton law
as restricting the principle of free trade. The US argued that
it was an issue of national security, and in April 1998 the
EU dropped the effort. The law has continued to be a source
of tension, in spite of subsequent negotiations and agreements.
The text of law 80 provided for the adoption of further measures
necessary to protect Cuba from the effects of the Helms-Burton
Law. Just over two years later, those further measures were
codified in Law 88.
b. Provisions of Law 88
In February 1999 Cuba's National Assembly passed tough legislation
providing for stiff prison terms for those guilty of supporting
United States policy against Cuba as laid out in the Helms-Burton
Law:
Whereas,
the Government of the United States has dedicated itself
to promoting, organizing, financing and directing counterrevolutionary
and imperialist elements inside and outside the territory
of the Republic of Cuba. For four decades it has invested
significant financial and material resources to carry out
numerous covert activities in order to destroy the independence
and economy of Cuba, using to such end individuals recruited
within the national territory, as has been recognized by
the Central Intelligence Agency since 1961 according to
a report released in 1998.(77)
The text of the law further details US legislative measures
to finance counterrevolutionary activities in Cuba:
through
the Law of 12 March 1996 known as the Helms-Burton Law, the
United States expanded, intensified and codified its economic
war against Cuba and detailed how such assistance would be
given to individuals who would be used in the national territory
to carry out the subversive and imperialist objectives of
the Empire … the Federal Budget Law, passed on 21 October
1998 by the Government of the United States, set a minimum
of two million dollars to support counterrevolutionary activities
in Cuba …(78)
In this way, financing subversive activities within Cuba is
portrayed, in addition to the embargo, as part of the US 'economic
war' against Cuba. The introductory text concludes that it is
"an inescapable duty to respond to this aggression against
the Cuban people,"(79) and proceeds to detail the types
of behaviour that would be considered as facilitating US policy
and the penalties for them (see text box).
Penalties included in Law 88
Article 4 of the law provides for seven to 15 years' imprisonment
for passing information to the United States government
or its agents that could be used to bolster anti-Cuban measures
such as the US embargo or related destabilising activities within
Cuba. This would rise to 20 years if the information is acquired
with the participation of two or more persons; is passed on
in order to receive personal gain; or is acquired surreptitiously
or in a work context. Similarly, the penalty would be aggravated
if the Cuban economy were ultimately to be harmed by the information
being passed or if, as a result, the United States government
were to take punitive measures against Cuban or foreign enterprises.
Article 5 provides for penalties of three to eight years, and/or
a fine, for those who seek out classified information
to be used in this way, which would rise to twelve years in
the aggravating circumstances outlined above.
Under article 6 the legislation also sanctions with three to
eight years and/or a fine the introduction into Cuba, ownership,
distribution or reproduction of 'subversive materials'
from the US government that would facilitate US economic aggression
or related destabilising activities within Cuba. The penalties
are more severe for those who do so for personal gain or who
cause damage to the Cuban economy.
It proposes in article 7 terms of imprisonment of up to five
years for collaborating with radio and TV stations, printed
publications or other media deemed to be assisting US
policy; accredited foreign journalists are exempt. Again, the
penalties are more severe if the individual profits by the activity.
Also punishable by up to five years' imprisonment are acts which
disturb public order for the benefit of the US economic
war on Cuba, according to article 8; the penalties increase
for organisers of such events.
Article 9 outlaws 'any act intended to impede or prejudice
the economic relations of the Cuban state' with penalties
of up to 15 years. This can be extended if violence, blackmail
or other illegal means are used; if private profit is obtained
as a result; or if the United States government takes punitive
measures in reprisal. The remaining articles cover incitement
of others to commit any of the above acts; distribution
of US funds or materials for these activities; and collaboration
with third states sympathetic to US aims in Cuba.
c. Application of Law 88 in the recent trials
Cuban authorities have consistently presented the crackdown
as a response to US aggression; in a recent press conference,
for example, Foreign Minister Pérez Roque maintained that Cuba
had until now deliberately refrained from applying the strict
measures of Law 88, passed in 1999, out of a 'spirit of tolerance:'
the laws
which were applied to try the mercenaries who act in the service
of the power that is attacking its people, are laws dating
from the end of the 90s and that had not been applied, in
a spirit of tolerance; they were our response to Helms-Burton;
but we have been placed in a situation where we had no other
option, and we have acted.(80)
In this way, Law 88 itself is presented as a Cuban response
to perceived US aggression, and the crackdown a reaction to
a US-led rather than a domestic threat. In another press conference,
the Foreign Minister spelled the connection out clearly, concluding
a review of the provisions of Law 88 as follows:
It is
the North American Interests Section in Havana, and this
has been fully proven in the trials, that creates, directs,
finances, stimulates, protects the creation and the subversive
work of its agents in Cuba. How does it do this ? In fulfillment
of the Helms-Burton Law.(81)
Human rights concerns with regard to the charges
Though passed in 1999, this crackdown marks the first time that
the provisions of Law 88, described in detail above, have been
applied in criminal proceedings in Cuba. This development is
of grave concern, as elements of the law, mirroring other aspects
of the Cuban legal framework, appear to place unlawful restrictions
on internationally-recognised rights.
International standards make clear that the exercise of the
right to freedom of expression, among other rights, shall only
be subject to restriction on a well-defined and exceptional
basis. Article 19 of the International Covenant on Civil and
Political Rights defines these restrictions as
such
as are provided by law and are necessary:
(a) for the respect of the rights or reputations of others;
(b) for the protection of national security or of public
order (ordre public), or of public health or morals.(82)
The Human Rights Committee's General Comment on the implementation
of article 19 specifies that "when a State party imposes
certain restrictions on the exercise of freedom of expression,
these may not put in jeopardy the right itself."(83) International
jurisprudence has affirmed that any restriction must be strictly
proportionate to the threat posed to national security or other
legitimate interest, and must not exceed what is strictly necessary
to fulfill that aim.
In contrast, as outlined in section 2.3.b above, the Cuban Constitution
places clearly excessive limitations on the exercise of fundamental
freedoms:
none
of the liberties recognised for the citizens can be exercised
against what is established by the Constitution and the
laws, or against the existence and objectives of the socialist
state, or against the decision of the Cuban people to construct
socialism and communism.(84)
In this way,
the exercise of fundamental freedoms in ways which are perceived
to be in any way "against" the system is not Constitutionally
protected. Law 88, and other laws within the Cuban system, place
further restrictions on these freedoms, in violation of international
standards.
Concerns about unlawful restriction of fundamental freedoms
lead to related ones with regard to arbitrary detention,(85)
whether arrests have taken place under the provisions of Law
88 or article 91 of the Penal Code covering acts against the
independence or territorial integrity of the state.
The United Nations Working Group on Arbitrary Detention (WGAD)
has established criteria for determining when detention is arbitrary
under international standards. These criteria include when there
is no legal grounds for detention; when the deprivation of freedom
relates to the exercise of certain freedoms or rights protected
by international law; or when the right to fair trial has not
been respected.(86) Since its creation in 1991, the WGAD has
raised a number of individual cases with the Cuban Government,
and has determined that more than twenty individuals were arbitrarily
deprived of liberty. The most frequent reason was the criteria
pertaining to the exercise of fundamental freedoms and rights.
In an open letter on 3 April, the International Federation for
Human Rights informed the Cuban government that it was bringing
the mass arrests and trials to the attention of the Working
Group.(87)
The text of law 88 may be determined to lead to arbitrary detention
in some or all cases, in that it imposes unjustifiable limits
on freedom of expression, association and assembly based on
the potential foreign reaction to or possible economic ramifications
of such acts, in violation of international standards as described
above.
Equally worrying, the descriptions of a number of the proscribed
acts seem so general and vague as to risk being interpreted
subjectively and in a manner damaging to fundamental freedoms:
such could be the case with article 9 of Law 88 outlawing 'any
act intended to impede or prejudice' Cuba's economic relations
or the 'subversive material' prohibited in the law's article
6. Similarly, with regard to article 91 of the penal code regarding
'an act with the objective of damaging the independence or territorial
integrity of the Cuban state,' the behaviour which the article
is meant to prohibit is ill-defined and open to subjective interpretation,
potentially opening the door to arbitrary detention.
4.2. Prosecutions: the case against the dissidents
Amnesty
International has reviewed trial documents for 51 of the 75
dissidents prosecuted. The section on individual cases below
contains information on the specific charges against given
individuals. In general, the prosecutors' briefs accuse the
dissidents of
· receiving
funds and/or materials from the United States government,
either through its agencies or third parties,
· in order to engage in a number of activities which the authorities
perceived as subversive and damaging to Cuba's internal order
and/or beneficial to the embargo or other punitive measures
by the US against Cuba.
As mentioned
above, the Helms-Burton Law provides for US funding for individuals
and groups to support "democracy-building" efforts
in Cuba. In addition, the US funds other initiatives, such
as Miami-based Radio Martí, aimed at disseminating
within Cuba views critical of Castro and the Cuban system.
Foreign Minister Felipe Pérez Roque made extensive references
to this funding in his 9 April press release on the trials
of the dissidents.(88) Security agents of the Cuban state
who had infiltrated dissident groups, and who later testified
against some dissidents at their trials, reported regularly
receiving and handling funds from various groups in the United
States that were in turn financed by agencies of the US government.(89)
The text box provided here gives a sample of the information
publicly available on such funding.
As also
mentioned above, Cuba has consistently expressed outrage at
these practices, declaring them, with the US embargo, acts
of aggression against Cuba. Cuba has moreover accused the
US of an escalation of provocations against Cuba following
the posting of James Cason as head of the US Interests Section
in Havana.
The dissidents
were not charged under articles of the Penal Code covering
spying or revelation of secrets concerning state security
(articles 95-97), and the evidence given does not point to
such activity. None of them held sensitive positions of authority
through which they would have access to privileged information.
Whatever the merits of the Cuban government's argument with
the United States over its practices in Cuba, a review of
the limited information contained in the trial documents indicates
that the specific behaviour for which dissidents were prosecuted
was non-violent and seemed to fall within the parameters of
the legitimate exercise of fundamental freedoms rather than
those of any recogniseable criminal activity.
According
to the trial documents available, the activities on which
the prosecutions were based included, among others,
· 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 functionaries in Cuba and
hardline figures or groups in the Cuban exile community in
the United States and Europe.(90)
· distributing or possessing material, such as radios, battery
chargers, video equipment or publications, from the US Interests
Section in Havana.
· being involved in groups which have not been officially
recognised by the Cuban authorities and which were accused
of being counterrevolutionary, including among others unofficial
trade unions, professional associations such as doctors' and
teachers' associations, academic institutes, press associations
and independent libraries.
Despite the Cuban government's claims that such acts threatened
national security and therefore warranted prosecution, the
above activities constitute legitimate exercise of freedoms
of expression, assembly and association, and cannot in themselves
justify the authorities' repressive reaction.
Some examples of US government funding for Cuba
Radio Martí was established by the the 1983 Radio Transmissions
for Cuba Act. It began broadcasting from the US into Cuba in
1985, with a budget for this fiscal year of US$ 15,000,000.
(Source: www.martinoticias.com/mision.asp)
The United
States Agency for International Development (USAID) provides
funds for work on Cuba pursuant to the 1992 Cuban Democracy
Act and the 1996 Cuban Liberty and Solidarity ('Libertad')
Act (Helms-Burton Act). The goal of the program is to "promote
rapid, peaceful transition to democracy in Cuba, helping develop
civil society." The program description states that USAID
policy precludes recipients from using grant funds to provide
cash assistance to any person or organisation in Cuba.
Recipients
under the project for "Building solidarity with Cuba's
human rights activists" include:
· Freedom
House: Cuban Democracy Project ($1,325,000): "promotes
the formation of civil and political leadership in Cuba by
linking professional organizations in Cuba to one another
and to those in free democracies."
· Grupo de Apoyo a la Disidencia (Dissidence Support Group)
($2,700,000): "provides humanitarian assistance and
informational materials to political prisoners and their families
and other victims of repression."
· International Republican Institute ($2,174,462):
"helps create and bolster international solidarity committees
in Latin America and Europe to provide material, moral and
ideological support for democratic activists in Cuba."
Recipients under the "Giving voice to Cuba's independent
journalists" project include:
· Cuba
Free Press ($280,000 - completed): "published the
work of professional and independent writers and journalists
inside Cuba."
· CubaNet ($833,000): "expanding its comprehensive
internet on-line coverage of Cuba's independent journalists,
and other national and international press reports on Cuban
human rights and economic issues."
The "Helping develop independent Cuban NGOs" project
recipients include:
· Pan
American Development Foundation ($553,500): "establishes
linkages between Cuban NGOs and counterpart NGOs operating
elsewhere in the Americas, to demonstrate how NGOs function
within democratic societies. Provides information and material
assistance to Cuba's independent libraries."
· University of Miami: developing civil society ($320,000
– completed): "facilitated access to information
and training for Cuban NGOs and individuals."
· Florida International University: NGO development ($291,749):
"trains Cuban NGO leaders in management and delivery
of social services."
The "Planning for transition" project recipients
include:
· US-Cuba
Business Council ($852,000 – completed): "surveyed
US private sector resources and plans to assist the eventual
reconstruction of the Cuba economy. Conducted a conference
series on Cuba's democratic free market future."
· University of Miami: Cuba transition planning ($1,545,000):
"analyzes challenges that will face a future transition
government in Cuba, including: legal reform, political party
formation, privatization and foreign investment, combating
corruption, education reform, economic policy reform, international
donor coordination."
(Source: USAID webpage, www.usaid.gov/regions/lac/cu/upd-cub.htm).
4.3. The trials: summary justice
As mentioned previously, the treatment of those detained in
the March mass arrests was different from those caught up
in previous crackdowns in February and December 2002. In the
earlier arrests, dissidents were either released after a short
period or held for long stretches without trial. One factor
of note about the March arrests was the speed with which trials
were organised and held; the majority of trials were concluded
by the end of the first week of April.
As Amnesty International and other human rights organisations
have previously noted, the right to a fair trial is severely
limited in Cuba, with the courts and prosecutors under government
control. Article 75 of the Constitution states that Cubas
National Assembly should elect the President, Vice-President
and the other judges of the Peoples Supreme Court, as well
as the Attorney General and the Deputy Attorney General.(91)
According to Article 121 of the Constitution, the courts are
hierarchically subordinate to the National Assembly and the
Council of State. This raises concerns with regard to the
internationally-recognised right to trial by an independent
and impartial tribunal.(92)
The full exercise of the right to defence is also problematic,
as lawyers are employed by the Cuban state and as such may
be reluctant to challenge prosecutors and the evidence presented
by the security apparatus. This raises concern with regard
to respect for the right to an effective defence.(93)
The dissidents' trials were generally held in provincial courts.
Once the prosecution has prepared its case, the defendant
is meant to be allowed access to a defence lawyer, although
this was reportedly not respected in these cases. In instances
where the defendant did not appoint a lawyer, an abogado
de oficio, ex-officio advocate, was assigned. Family members
and colleagues of the accused charged that the authorities
denied the attorneys access to the defendant and said that
as a result they had been unable to prepare their defense,
in violation of international fair trial standards.
The hearings
took place in front of panels of judges. Although some family
members and others were allowed to attend, foreign diplomats
and some journalists were barred from entering.
Foreign
Minister Pérez Roque defended Cuba's recourse to summary trials
in these cases, and denied claims that the right to an adequate
defense had not been respected. In a press release following
the trials, he noted that 54 attorneys took part in the 29
trials, representing 75 dissidents; and that of these 44 were
named by the defendants or their families. He maintained that
foreign diplomats had no reason to attend the trials.
A total of twelve reported state security agents testified
at the April trials; they had been involved in the dissident
movement for a number of years, and several of them had become
prominent leaders of groups of journalists or other activists.(94)
Some observers expressed the opinion that the fact that the
government was willing to reveal so many of its agents indicated
the seriousness of the crackdown.
In a recorded
9 April press conference, Foreign Minister Felipe Pérez Roque
presented journalists with a series of pieces of evidence
from the dissidents' trials. Copies of these were distributed
at the United Nations Human Rights Commission, and a copy
is attached here as Appendix 1. The evidence includes:
· A copy
of an open entry badge to the US Interests Section in the
name of dissident Oscar Elías Biscet.
· A list entitled 'Summary of shipments carried out' from
what appears to be an account based in Coral Gables, Florida,
USA, for Frank Hernández Trujillo, reportedly head of the
US-based Grupo de Apoyo a la Disidencia, Group for
Support to Dissidence. The list contains dates; dispatch numbers;
names and identity card numbers of recipients, some of whom
were caught up in the crackdown; and the type of goods. These
included money, videos, lamps and telephones.
· Two photos of James Cason with what appears to be the same
group of individuals; the captions say "James Cason founds
the 'youth wing of the Liberal Cuban Party'" and "James
Cason shares snacks with the 'future' of subversion."
A third photo shows Cason with prominent dissident Marta Beatriz
Roque Cabello.
· A photocopy of what appears to be the cover of a magazine,
'De Cuba: Revista de la Sociedad de Periodistas Manuel
Márquez Sterling, miembro de la Red Internacional de Reporteros
sin Fronteras,' From Cuba: Magazine of the Journalists
Society 'Manuel Márquez Sterling', member of the International
Network of Reporters sans frontières, dated December 2002.
The subtitle says that the magazine was printed in the US
Interests Section.
· A handwritten signed note on letterhead of the 'Bibliotecas
independientes de Cuba,' 'Independent Libraries of Cuba,'
apparently referring to the receipt and spending of US dollars.
· Three handwritten notes, apparently to dissident Osvaldo
Alfonso, on letterhead marked 'Carlos Alberto Montaner.'(95)
The text of the notes indicate that two were accompanied by
a sum of US$ 200 and the third by 30,000 Spanish pesetas.
The text of one says that "everyone has as an outlook
the death of Fidel. Afterwards, we'll see." The text
of another mentions the Varela Project. The explanatory note
gives the full text as "Very soon some high level Spanish
friends will call you to talk about the Varela Project. I
suggested five names to found this new idea," although
only the beginning of the second sentence is visible in the
photocopy provided.
Again, despite the Cuban authorities' claims that this evidence
demonstrated a threat to national security and therefore warranted
prosecution, the evidence in itself is not indicative of any
obvious criminal activity, and cannot in itself justify the
authorities' repressive reaction.
4.4.
Sentencing
For many
of the defendants, the prosecution called for the upper limit
of the prescribed sanction. A number of defendants faced calls
for life imprisonment, on the basis of 1999 revisions to the
penal code:
The sanction of life imprisonment can be imposed as the principal
sanction in crimes for which it is expressly provided or alternatively
in those which provide for the death penalty.(96)
In one instance, that of José Daniel Ferrer García, prosecutors
reportedly called for the death penalty.(97) At sentencing,
one activist received a sentence of six years; the rest received
between ten and 28 years.
5. Individual case summaries: the faces of the dissident
movement
The 75
dissidents caught up in the crackdown represent all facets
of the dissident movement in Cuba. They include longtime activists,
some well-known and some less so. Below are summaries, based
on past Amnesty International work and the available information,
of their backgrounds and involvement in the dissident movement.
Where available, the summaries conclude with an overview of
the accusations against them in the trial documents. The text
box includes descriptions of some important initiatives in
the recent history of peaceful dissent in Cuba, which may
be helpful in tracing the activities of some of the individuals
targeted in the crackdown.
The case
summaries below have been arranged alphabetically. The 75
individuals described were all arrested in the March crackdown,
and have subsequently been sentenced to harsh prison terms
following summary trials. Amnesty International considers
them to be prisoners of conscience, detained solely for the
peaceful exercise of fundamental freedoms.
The information
contained in these summaries is current as of this document
going to print.
The Concilio
Cubano, Cuban Council, was a forum of some 140 unofficial
groups including human rights groups, political opposition
groups, and groups of journalists, lawyers, women, young people,
economists, engineers, ecologists and trade unionists. It
was established in October 1995 to work for political change
through peaceful means. Its aims included an amnesty for political
prisoners; respect for the Constitution; fulfillment of Cuba's
international human rights obligations; lifting of labour
restrictions; and movement towards more free and open direct
elections.(98)
Concilio
Cubano members were subjected to a government crackdown
in late 1995 and early 1996; a planned national meeting scheduled
for 24 February 1996 was eventually banned by the authorities.(99)
Scores of people were arbitrarily detained; though most were
released shortly thereafter, four were sentenced to prison
terms and were considered prisoners of conscience by Amnesty
International.
The "Todos
Unidos," "All Together" movement of dissident
groups was formed in the runup to the 1999 Ibero-American
Summit. Their Joint Declaration on the occasion of the Summit
was, over the next years, signed by a growing number of individuals
representing a significant number of dissident groups across
the island. In March 2001, 117 "Todos Unidos" signatories
issued a proclamation in favour of the Proyecto Varela referendum
movement (see below), and "Todos Unidos" members
were instrumental in gathering signatures and support for
Proyecto Varela. In December 2002, the "Todos Unidos"
movement released a series of Proposals for measures to resolve
the crisis, including a range of economic, labour, social
and legal measures to reform national life.
The Proyecto
Varela is a petition for referendum on legal reform which
seeks greater personal, political and economic freedoms, as
well as amnesty for political prisoners. It is led by Oswaldo
Payá Sardiñas, of the Movimiento Cristiano Liberación,
Christian Liberation Movement, and signatures were collected
by a broad range of organisations. In March 2002 project organisers
reported having collected the 10,000 signatures constitutionally
required to hold a referendum; these were submitted to the
National Assembly. In December 2002 Oswaldo Payá received
the European Union's top human rights award, the Sakharov
Prize, named after the late Soviet dissident.
Activists
for the Proyecto Varela have been subjected to threats, short-term
detention, summons, confiscation of materials and other forms
of harassment by State Security agents; several of the initiative's
leaders were arrested in the recent roundup.
1.
Nelson Alberto Aguiar Ramírez, aged 57, is president of
the unofficial Partido Ortodoxo de Cuba, Cuba Orthodox
Party, and a member of the recent initiative, Asamblea
para Promover la Sociedad Civil, Assembly to Promote Civil
Society. He is an electrician by profession, and has been
involved in activities critical of the government for a number
of years. In one example, in December 1999 he was detained
during a mass arrest of dissidents aimed at preventing them
from participating in celebrations commemorating the 10 December
anniversary of the Universal Declaration of Human Rights.
He was
detained on 20 March 2003,(100) and his house was carefully
searched, with a number of documents reportedly confiscated.
The prosecution claimed that he had been involved in anti-governmental
activities since the 1990s, that he had received funds from
the US government and that he had been a member of the unofficial
Confederación de Trabajadores Democráticos de Cuba,
Confederation of Democratic Workers of Cuba, since 2000.
Nelson
Aguiar was charged under articles 6.1 and 11 of Law 88.(101)
He received a 13-year sentence.(102) He is currently serving
his sentence in Boniato provincial prison in Santiago de Cuba.
2. Osvaldo Alfonso Valdés, aged 38, is president of
the unofficial Partido Liberal Democrático, Liberal
Democratic Party. He has been a member of the "Todos
Unidos," "All Together" movement, and
the steering committee of the Proyecto Varela initiative.
Osvaldo Alfonso was arrested on 18 March 2003. The verdict
against him referred to his alleged ties to the United States
Agency for International Development, USAID:
The accused
ALFONSO VALDES was called to the US Interests Section in Havana
by a USAID functionary to verify whether he was receiving
the aid destined for them, in money, equipment, books and
other materials, to promote and develop their work.(103)
The verdict also states that
Equally,
the accused ALFONSO VALDES, PALACIOS RUIS [sic] and CANO RODRIGUEZ
wrote and signed on 19 December 2002 in Havana a document
called 'Cuba: proposals for measures to solve the crisis,'
created by the union of different illegal organisations called
'Todos Unidos.' The document was disseminated abroad, a clear
means of implementing the measures established by the Helms
Burton law to increase the US blockade against Cuba, as the
proposals in the two texts are very similar.(104)
This document, which was available on a number of websites,
is described in the textbox at the beginning of this section.
It proposed a number of economic, labour, social and legal measures
to reform national life.
Osvaldo Alfonso was convicted under article 91 of the
Penal Code, with "actos contra la independencia o la
integridad territorial del Estado," "acts against
the territorial independence or integrity of the state,"
as well as under articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2,
7.3, 8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88.(105) The trial
verdict claimed that he had confessed to some of the activities
of which he had been accused, and he received an 18-year sentence.
The prosecution had asked for a life sentence for him.(106)
He is currently being held in Guanajay prison, Havana province.
3.
Pedro Pablo Alvarez Ramos, 55 years old, is President
of the unofficial Consejo Unitario de Trabajadores Cubanos
(CUTC), United Cuban Workers Council. The CUTC is affiliated
with regional and international labour bodies such as the
Central Latinoamericana de Trabajadores (CLAT), Latin
American Workers Office, and the Confederación Mundial
de Trabajadores, World Confederation of Labour. He served
as a vice delegate in the 1995-96 Concilio Cubano initiative,
and became involved with the Proyecto Varela in 2002.
Pedro
Pablo Alvarez has been subjected to harassment and detention
for his trade union activities since at least 1996. He was
put under house arrest, summoned and interrogated on a number
of occasions, during waves of mass arrests or harassment of
Concilio Cubano activists.(107)
He was
again detained in August and October 2000, apparently in relation
to his work in preparing the first CUTC congress, planned
for 20-21 October. Several other trade union members and dissidents
were arrested with him on 13 October, and other leaders of
the CUTC were visited and threatened with arrest should they
attend the CUTC conference. He was subsequently held in detention
for over three months, during which time he was formally charged
with resisting arrest in November 2000.(108) He was released
on 26 January 2001. The trial verdict indicated that he did
not have a prior criminal record.(109)
On the
morning of 19 March 2003 Pedro Pablo Alvarez' house was searched,
and all the books of the private library there, the 'Biblioteca
sindical Emilio Máspero,' were confiscated. He received
a 25-year sentence under article 91 of the Penal Code(110)
and is currently imprisoned in the Prisión Provincial de
Ciego de Avila, Ciego de Avila Provincial Prison (called
"Canaleta").
4.
Pedro Argüelles Morán, 55 years of age, is a member
of the Cooperativa de Periodistas Independientes, Cooperative
of Independent Journalists. He is also a member of the Comité
Cubano Pro Derechos Humanos, Cuban Committee for Human
Rights, in Ciego de Avila. Neither organisation has been recognised
by the Cuban authorities.
Pedro
Argüelles has reportedly been harassed periodically for his
activities since 1997, including through threats, warnings
and short term detentions.(111)
Pedro
Argüelles was sentenced under articles 6.1, 6.3b, 7.1, 7.3
and 11 of Law 88 to 20 years' imprisonment.(112) He is currently
being held in the provincial prison in Santa Clara.
5. Víctor Rolando Arroyo Carmona, aged 52, is
vice-president of the unofficial group Foro por la Reforma,
Forum for Reform, as well as a member of the unofficial Unión
de Periodistas y Escritores Cubanos Independientes (UPECI),
Union of Independent Cuban Journalists and Writers.
In January 2000 Víctor Arroyo was sentenced to six months'
imprisonment, reportedly for buying, with money sent by exile
groups in Miami, toys for distribution to disadvantaged children.(113)
The arrest took place during a period of clampdown on dissidents,
in the aftermath of the 1999 Ibero-American Summit in Havana.
He was released on 20 July 2000, and continued his activities,
in spite of reported incidents of harassment.
Víctor Arroyo was arrested on 18 March 2003. On 5 April 2003
he was convicted of criminal activity under article 91 of
the penal code and sentenced to 26 years in prison.(114) The
text of the verdict noted, among other accusations against
him, that he had been awarded the Hellman/Hammet human rights
prize by Human Rights Watch. Although Víctor Arroyo lives
and was tried in Pinar del Río, on the west end of Cuba, he
has been transferred to the other end of the island and is
currently being held in the provincial prison in Guantánamo.
6. Mijail Barzaga Lugo, aged 35, was reportedly detained
on 20 March 2003, and charged with infractions under articles
4.1, 4.2b, 7.1 and 7.3 of Law 88.(115) He was sentenced to
15 years.(116)
According to the trial verdict, Mijail Barzaga had worked
as an 'independent journalist' and was paid by US government
funds:
It has
been proved that the accused Mijail Barzaga Lugo, in 2002,
wrote, as an 'independent journalist' in different websites
like Cubanet, Cubaliberal and Payolibre (the first of which
is financed by the North American government agency USAID),
different articles of a subversive and counterrevolutionary
type, with the obvious objective of their being used in campaigns
to discredit the Cuban socialist state.(117)
Mijail Barzaga was tried in Havana, but is being held in the
provincial prison in Santa Clara province.
7. Oscar Elías Biscet González, 41 years old, president
of the unofficial Fundación Lawton de Derechos Humanos,
Lawton Human Rights Foundation, has been detained over two dozen
times in the past. In one instance, he was arrested on 3 November
1999 and served a three year sentence, charged with 'insult
to the symbols of the homeland,' 'ultraje a los símbolos
de la patria,' 'public disorder,' 'desorden público,'
and 'incitement to commit an offence', 'instigación a delinquir.'
During his imprisonment he was considered by Amnesty International
to be a prisoner of conscience.(118) He was released on 31 October
2002 from a maximum security prison in Holguín province, and
reportedly gave a press conference denouncing prison conditions
a short time afterwards.
On 6 December
2002 Oscar Biscet was re-detained with 16 other dissidents
after they attempted to meet at a home in Havana to discuss
human rights.(119) When police prevented them from entering
the home, Oscar Biscet and the others reportedly sat down
in the street in protest and uttered slogans such as "long
live human rights" and "freedom for political prisoners."
The group was then arrested, though most of them were released
shortly afterwards.
In spite of the fact that he was already in detention during
the crackdown, Oscar Biscet was tried together with a number
of dissidents who were arrested in March. He was sentenced
under article 91 of the Penal Code to 25 years in prison.(120)
Although he lives and was tried in Havana, he is currently
imprisoned in Kilo 5 1/2 prison in Pinar del Río province.
8. Margarito Broche Espinosa, aged 45, was reportedly
tried and fined after trying to leave the country illegally
in 1992, and was said to have been harassed on several occasions
in recent years.
He was arrested on 18 March 2003. According to the trial verdict,
after his own attempt at leaving the country, Margarito Broche
founded a group called Asociación Nacional de Balseros,
Paz, Democracia y Libertad del Centro Norte de Cuba, the
National Association of Rafters, Peace, Democracy and Liberty
of North Central Cuba. The group was accused of having as
its aims
To render
homage to boat people who went missing or were returned [to
Cuba] following attempts to leave the country secretly, and
through this, to sabotage the migration accords signed between
the governments of Cuba and the United States, creating a
favourable atmosphere for the North American authorities to
violate those accords and to search for justifications for
toughening its policies against our people.(121)
Margarito
Broche received a 25-year sentence under article 91 of the penal
code.(122) He is currently being held in Guanajay prison in
Havana province.
9. Marcelo Cano Rodríguez , 38 years old and a
medical doctor, is National Coordinator of the unofficial Colegio
Médico Independiente de Cuba, Cuban Independent Medical
Association, an association of medical professionals around
the island. He is also a member of the unofficial Comisión
Cubana de Derechos Humanos y Reconciliación Nacional (CCDHRN),
Cuban Commission for Human Rights and National Reconciliation.
Marcelo Cano was arrested on 25 March 2003 in Las Tunas, reportedly
as he was investigating the arrest of another March detainee,
Jorge Luis García Paneque. He had no previous criminal record.
The activities which the prosecution cited against this human
rights defender included visiting prisoners and their families
as part of his work with the CCDHRN, and maintaining ties to
the international organisation Médicos sin Fronteras,
Doctors without Borders.(123)
Marcelo
Cano was tried and convicted under article 91 of the Penal
Code and articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2, 7.3,
8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88 to 18 years in prison.(124)
Although he lives and was tried in Havana, he was
transferred and is serving his sentence in the Prisión
Provincial de Ciego de Avila, Ciego de Avila Provincial
Prison (called "Canaleta").
10.
Juan Roberto de Miranda Hernández, aged 57, is vicepresident
of the unofficial Colegio de Pedagogos de Cuba, Teachers
College of Cuba. He has reportedly been harassed and detained
numerous times in the past for being involved in activities
critical of the government.
On 7 September 1998 he was detained for three days during
the most significant crackdown on anti-government activism
since the January 1998 visit of the Pope to Cuba. The arrest
occurred when he was taking part in a demonstration outside
the court where another activist, Reinaldo Alfaro García,
was being tried.(125) He was again briefly detained following
a demonstration outside the trial of dissident Mario Julio
Viera González in November 1998;(126) harassment against him
and his family reportedly continued in subsequent years.
Following his March arrest, Roberto de Miranda received a
20-year sentence under the state security provisions of article
91 of the Penal Code.(127) The prosecution had requested a
sentence of 25 years.(128)
The trial verdict contained one sentence regarding supposed
links between Roberto de Miranda and an individual said to
be connected to Alpha 66, a US-based Cuban exile group which
has admitted carrying out violent attacks in Cuba in the past.
However, aside from the assertion itself, there was no substantive
information or evidence provided, and no accusation that Roberto
de Miranda had plotted, encouraged or engaged in violent behaviour.
As with the other cases, the activities for which he was tried
appeared to amount to peaceful exercises of freedom of association
and expression, for example the following:
In 1996
he created the illegal and counterrevolutionary College
of Independent Teachers of Cuba, of which he named himself
head. He also dedicated himself to intentionally and maliciously
criticising the objectives of the Cuban education system,
and tried to minimise the achievements in this area of our
revolutionary process.(129)
For this reason Amnesty International considers that based on
the available information, Roberto de Miranda, like the others
tried following the crackdown, is a prisoner of conscience.
He is currently imprisoned in Agüica prison, in the municipality
of Colón in Matanzas province, though he was reportedly sent
briefly to a military hospital on 20 April with heart problems.
He also reportedly suffers from high blood pressure and kidney
ailments.
11. Carmelo Agustín Díaz Fernández, 65 years old, is
a member of the unofficial Unión Sindical Cristiana Cubana,
the Christian Cuban Workers Union, and president of the also
unofficial Agencia de Prensa Sindical Independiente de Cuba
(APSIC), the Independent Union Press Agency. He is the Cuban
correspondent for the Venezuelan magazine Desafíos, and
his articles have also appeared on a number of websites. He
has been reportedly harassed and threatened with imprisonment
for his work as a journalist and trade unionist.
Carmelo
Díaz was sentenced to 16 years under article 91 of the Penal
Code.(130) He is currently being held in Guanajay prison in
Havana province.
12. Eduardo Díaz Fleitas, aged 51, belongs to a number
of groups in his province of Pinar del Río, including the
unofficial Movimiento 5 de Agosto, 5 August Movement.
A farmer by profession, he reportedly worked for the state
as a young man, but joined the opposition movement at the
beginning of 1990s. Since then, he has been subjected to regular
harassment, including summons, interrogations, house searches
and periods of detention.
On 10
November 1999 he was arrested together with another activist
at a demonstration that had begun in Dolores Park, in the
run-up to the IX Ibero-American Summit.(131) During the march
the pair were reportedly injured by government supporters
in the presence of the international press. After more than
three months in detention, during which time he reportedly
suffered medical problems and was moved to a military hospital,
Eduardo Díaz was sentenced to a year's restricted freedom
and house surveillance on 25 February 2000 for "desorden
público," or public disorder.
Eduardo
Díaz was convicted under articles 4.1, 4.2a-b, 6.1, 6.3a-b,
7.1, 7.3 and 11 of Law 88, and received a 21-year sentence.(132)
According to the trial verdict,
It is
known by everyone in the area 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.(133)
He is serving
his sentence in Villa Marista, the headquarters of the Department
of State Security.
13. Antonio Ramón Díaz Sánchez, 40 years old, is a member
of the unofficial Movimiento Cristiano Liberación, Christian
Liberation Movement, and has been active in the Proyecto
Varela initiative. He is an electrician by profession.
Antonio
Díaz was given a 20-year sentence for infractions under article
91 of the Penal Code.(134) This was the sentence requested
by the prosecution.(135)
Although he lives and was tried in Havana, he has reportedly
been transferred to the provincial prison of Holguín at the
other end of the island to serve his sentence.
14. Alfredo Rodolfo Domínguez Batista, is also a member
of the Movimiento Cristiano Liberación, Christian Liberation
Movement, and has been involved in the Proyecto Varela
initiative in Las Tunas province.
He was arrested on 19 March, tried and sentenced to 14 years.
He began serving his sentence in "El Típico" provincial
prison in Las Tunas, with four other men arrested in the crackdown.
However, they were all transferred, reportedly after they
had staged a protest in the prison. Alfredo Rodolfo Domínguez
is now being held in Holguín provincial prison.
15. Oscar Manuel Espinosa Chepe, aged 62, is a former
employee of the National Bank of Cuba. He also worked for
the Cuban government as economic counsellor for the Cuban
Embassy in Belgrade. Later, after expressing criticism of
government policies, he became a journalist reporting on economic
and other matters.
Since
being detained Oscar Espinosa has suffered health problems.
He is believed to be suffering from a liver condition, a thoracic
hernia, persistent hyper-tension and weight loss. On 20 April
he was transferred to a military hospital, though his family
maintains that medical treatment was withheld.(136)
Oscar
Espinosa was convicted under article 91 of the Penal Code
and articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2, 7.3, 8.1,
8.2, 9.1, 9.2, 10 and 11 of Law 88 to 20 years in prison.(137)
He was accused, among other activities, of "having a
regular program on Radio Martí called 'Talking with Chepe,'
where he gave distorted information on the Cuban economy."
(138)
Oscar Espinosa lives and was tried in Havana but has been
transferred to Guantánamo provincial prison in eastern Cuba
to serve his sentence. His health problems reportedly continue,
and he was said to have again been taken to hospital in late
May.
16.
Alfredo Felipe Fuentes is a member of the Consejo Unitario
de Trabajadores Cubanos (CUTC), United Cuban Workers Council,
and other organisations. He is said to have been active in
collecting signatures for the Proyecto Varela initiative
in Artemisa, Havana province, where he lives.
Alfredo
Felipe was reportedly sentenced to 26 years. He is being held
in Guamajal prison in the municipality of Santa Clara.
17. Efrén Fernández Fernández, age 54, is secretary
of the Movimiento Cristiano Liberación, Christian Liberation
Movement, and was active in the Proyecto Varela signature
drive in Havana.
Efrén
Fernández was convicted of state security violations under
article 91 of the Penal Code and sentenced to 12 years.(139)
The prosecution had requested 15 years.(140) He was tried
in Havana and is serving his sentence in Guanajay prison in
Havana province.
18. Juan Adolfo Fernández Sainz, 54 years old, is a
trained English language translator, and reportedly worked
in this field first with official structures and then with
unofficial groups. He is also a journalist with the unofficial
agency Patria, Fatherland.
In July 2002, the Cuban government reportedly denied him and
three other dissidents permission to leave the country to
participate in a seminar ''Cómo democratizar Cuba desde dentro,''
"How to democratise Cuba from within," at the European
Parliament in Strasbourg, France.
Adolfo
Fernández was found guilty of infractions under articles 4.1,
4.2b, 7.1 and 7.3 of Law 88.(141) He was sentenced to 15 years
imprisonment,(142) and has been transferred from Havana to
the prison in Holguín province, eastern Cuba.
19. José Daniel Ferrer García(143) is an active Proyecto
Varela supporter and regional co-ordinator for the Movimiento
Cristiano Liberación, Christian Liberation Movement, in
Santiago Province.
José Daniel
Ferrer has reportedly been detained and harassed on numerous
occasions for his work. He was briefly detained in November
2000 together with other dissidents, apparently to prevent
them from attending the trial of fellow dissidents. On 22
January 2002, he and other Proyecto Varela activists
were said to have been forced from the bus in which they were
travelling and beaten by the police. Referring to the incident
and to his Proyecto Varela work, he told a US-based
reporter, "we're for peaceful change as allowed under
our Constitution. We aren't breaking any laws by collecting
those signatures, and they know it. They know it."(144)
José Daniel
Ferrer was sentenced to 25 years. The prosecution had reportedly
requested the death sentence for him. He is serving his sentence
in Kilo 5 1/2 prison in Pinar del Río in western Cuba, though
he lives and was tried in Santiago de Cuba, at the other end
of the island.
20. Luis Enrique Ferrer García, aged 27, is the brother
of José Daniel Ferrer García. He also is a member of Movimiento
Cristiano Liberación, Christian Liberation Movement.
Luis Enrique
Ferrer has been harassed and detained on numerous occasions.
In December 1999 he was reportedly sentenced to 6 months'
restricted freedom for his refusal to pay a fine which he
claimed was imposed upon him unfairly.
During
his trial, Luis Enrique Ferrer's family members were said
to have been denied access to the court room, instead having
to wait in the corridor. At the end of the trial, members
of the public were said to have insulted and displayed physical
aggression against the family members, reportedly pushing
Luis Enrique Ferrer's mother to the floor.
Luis Enrique
Ferrer was sentenced to 28 years' imprisonment. He was transferred
from "El Típico" provincial prison in Las Tunas
to Combinado del Este, reportedly after being involved in
a protest with other activists caught up in the March crackdown.
21. Orlando Fundora Alvarez, 47 years old, is president
of the unofficial Asociación de Presos Políticos 'Pedro
Luis Boitel,' or 'Pedro Luis Boitel' Political Prisoners
Association. His wife, Yolanda Triana, is director of a private
library and is also an active dissident. Orlando Fundora reportedly
lived in the US for a period after the 1980 Mariel boatlift.
He was accused of illegal entry into Cuba on 27 July 1991
and sentenced to two years' imprisonment. He was released
in 1993.
Orlando Fundora and his wife have reportedly been subjected
to frequent harassment in recent years, including short-term
detention and interrogation. Their house has reportedly been
attacked by unknown assailants.
Following his March arrest, Orlando Fundora was tried and
sentenced under article 91 of the Penal Code to 18 years in
prison.(145) He is being held in Combinado del Este prison
in Guanabacoa municipality in Havana province. Since his detention,
there have been concerns for his health, as he is said to
suffer from hypertension and heart problems.
22.
Próspero Gaínza Agüero is the delegate for Holguín province
of the unofficial Movimiento Nacional de Resistencia Cívica
'Pedro Luis Boitel,' 'Pedro Luis Boitel' National Civil
Resistance Movement.
Próspero Gaínza reportedly took part in a number of activities
critical of the government, and in 2002 was said to have been
briefly detained for his participation in a protest by members
of his group to demand to release of a detainee charged with
'public disorder.'
He was detained on 18 March 2003, and believed to have been
charged under Law 88, on the basis of 'subversive' activities
and material found during a search of his house. He was tried
in Holguín on 3 April 2003 and shortly after, sentenced to
25 years in prison. He is serving his prison sentence in Boniato
provincial prison in Santiago de Cuba, and is said to be in
poor health.
23. Miguel Galván Gutierrez is 38 years of age. He
was born and lives in the town of Güines, Havana province,
and is an engineer by profession. He has reportedly written
articles for the unofficial press agency Havana Press and
served as president of the unofficial Colegio de Ingenieros
y Arquitectos de Cuba, College of Engineers and Architects
of Cuba. He is also the area coordinator for Proyecto Varela.
In recent years Miguel Galván was reportedly harassed on numerous
occasions, including through interrogation and short term
detention. He was arrested on 18 March 2003, reportedly charged
under Law 88 and Article 91 of the Penal Code and sentenced
to 26 years in prison. He is serving his prison sentence in
Agüica prison in the municipality of Colón in Matanzas province.
Miguel Galván is said to be physically handicapped due to
the effects of a past traffic accident, and his family has
reportedly expressed concerns for his health.
24. Julio César Gálvez Rodríguez, aged 58, lives in
Havana and works as a journalist. In 2001, he was allegedly
sacked from the official radio stations Radio Ciudad de
La Habana and Radio Cadena Habana for collaborating
with the unofficial organization Cuba Free Press.
He reportedly continued his unofficial journalism work and
was detained on 19 March 2003. He was sentenced under articles
4.1, 4.2b, 6.1, 6.3b, 7.1, 7.3, and 11 of Law 88, to a penalty
of 15 years' imprisonment.(146) Although he is resident and
was tried in Havana, he was transferred to the provincial
prison in Santa Clara to serve his sentence. There are concerns
for his health, as he is reported to suffer from high blood
pressure.
25. Edel José García Díaz, 57 years old, worked as
director of an unofficial press agency in Havana, and reportedly
took part in a workshop on journalistic ethics held just before
the crackdown.
According to reports Edel José García was harassed repeatedly
during 1997, 1998 and 1999, including through short term detention,
interrogation and official warnings.
Edel José García was convicted under articles 4.1, 4.2b, 6.1,
6.3b, 7.1, 7.3, and 11 of Law 88 and received a sentence of
15 years.(147) He was accused of writing articles about, among
other topics, the poor physical condition of a school building
in Havana, "accompanying this article with a photo of
the state of this installation."(148) He is being held
in Boniato provincial prison in Santiago, on the other side
of the island from his home.
26. José Luis García Paneque, 38 years of age, lives
in the province of Las Tunas. He is a plastic surgeon by training
and a member of the unofficial Colegio Médico Independiente
de Cuba, Cuban Independent Medical Association. He has
also been involved in journalism, as director of the independent
news agency Libertad and member of unofficial Sociedad
de Periodistas, Journalists' Society, "Manuel
Marquez Sterling." He was also reportedly involved
in the Proyecto Varela initiative as well as directing
a private library. In 2002, he was reportedly arrested and
detained together with other journalists, but was later released.
José Luis García was detained on 18 March 2003. Following
a search of his house, materials, correspondence and medical
equipment were reportedly confiscated. He was said to have
been charged and tried under Law 88 and Article 91 of the
Penal Code, and given a 24-year sentence, even though the
prosecution had called for a lesser sentence of 18 years.
He is being held in Villa Clara prison, having reportedly
been transferred from "El Típico" provincial prison
in Las Tunas following a protest with other prisoners arrested
in the March crackdown.
27. Ricardo Severino Gonzales Alfonso, 53, is president
of the unofficial Sociedad de Periodistas "Manuel
Marquez Sterling", "Manuel Marquez Sterling"
Journalists' Society, and correspondent in Cuba of the international
nongovernmental organization Reporters Without Borders. He
also has a private library called the 'Jorge Mañach' Library
in his home.
Ricardo Gonzales has been detained on many occasions. In October
1997 he was reportedly arrested for distributing reports of
alleged human rights violations in the Santa Clara area. He
was released without charge after two days but warned that
if he did not stop writing such articles, he would have to
choose between imprisonment and exile. Amnesty International
believed him to be a prisoner of conscience.(149)
In 2001, Amnesty International received reports that he had
been detained on 16 February, allegedly to prevent a seminar
entitled "Ethics and Journalism" from being held
in the library of which he is director. On that occasion,
as on similar occasions on 22 February and 15 July 2001, he
was apparently released after being questioned for several
hours.
Ricardo Gonzales was arrested on 18 March and sentenced to
20 years' imprisonment under article 91 of the Penal Code.(150)
The prosecution had called for life imprisonment, on charges
that he was responsible for "aggressive and untrue publications
against the Cuban Government."(151) The sentence document
stated that:
"he
wrote this type of information for the Fundación Hispano
Cubano Americana, Cuban American National Foundation,
based in Spain, for which he received sums of money from
its president, Orlando Fondevila, who is of Cuban origin,
he managed to get his articles, which were subversive and
misleading in nature with regard to the Cuban system, published
in various newspapers and magazines such as Encuentros
en la Red and Reporters Without Borders, among others,
from whom he received sums of money for his articles."(152)
Ricardo Gonzales is serving his sentence in Kilo 8 Provincial
Prison in the province of Camagüey despite the fact that he
lives with his family in the city of Havana.
28. Diosdado González Marrero has been an activist for
several years and has been detained on several occasions. In
January 2000 he was considered a prisoner of conscience by Amnesty
International when he was detained during the government crackdown
on dissidents during the Ibero-American Summit held in Havana
in November 1999.(153) On that occasion he spent over six months
in prison.
Diosdado González, who was arrested at the end of March, was
reportedly convicted under Law 88. He is serving a 20-year sentence
in Kilo 5½ Prison in the province of Pinar del Río. According
to his family, he is being held in solitary confinement in a
punishment cell from which he is only taken out for one hour
a day to get some sunlight. He is also reportedly only allowed
to receive restricted visits from members of his family.
29. Léster González Pentón, 26, is a member of the Movimiento
pro Derechos Humanos Razón, Verdad y Libertad, Reason, Truth
and Freedom Human Rights Movement, and delegate of the Confederación
de Trabajadores Democráticos de Cuba, Cuban Confederation
of Democratic Workers, in Santa Clara. Neither group
has been recognized by the authorities.
Léster González had suffered police harassment in the past.
For example, on 5 August 2002 state security officials apparently
prevented him from leaving his house to stop him from participating
in events organized by dissidents. In addition, on 9 July 2001
he was said to have been questioned by police and threatened
with imprisonment if he did not work, despite the fact that
he had reportedly been sacked from his job as a baker because
of his activities with the Confederación de Trabajadores
Democráticos de Cuba.
Léster González was arrested on 18 March and sentenced to 20
years' imprisonment for breaching article 91 of the Penal Code.(154)
He is serving his sentence in Boniato Provincial Prison, in
the municipality of Santiago de Cuba.
30. Alejandro González Raga is 45 years old and lives
in Camaguey. According to reports, he is a journalist and helped
to collect signatures for the Proyecto Varela, Varela
Project.
Alejandro González was sentenced to 14 years' imprisonment for
breaching article 91 of the Penal Code.(155) He is serving his
sentence in "Canaleta" Provincial Prison in the municipality
of Ciego de Avila.
31. Jorge Luis González Tanquero, 32, is reportedly a
member of a group called Movimiento Independentista Carlos
Manuel de Céspedes, Carlos Manuel de Céspedes Independence
Movement, which is not recognized by the authorities. He also
helped to collect signatures for the Proyecto Varela
in Las Tunas.
Jorge Luis González was arrested on 19 March 2003 and has reportedly
been sentenced to 20 years' imprisonment. He is being held in
Guanajay Prison in Havana Province.
32. Leonel Grave de Peralta Almenares is a member of
the Movimiento Cristiano Liberación, Christian Liberation
Movement, in the province of Santa Clara. He reportedly helped
to gather signatures for the Proyecto Varela in that
region. He is also said to have a private library called the
"Bartolomé Massó" Library.
According to the Movimiento Cristiano Liberación, Leonel
Grave de Peralta was reportedly subjected to harassment in September
2002 when his home was besieged by members of the Brigadas
de Respuesta Rápida, Rapid Response Brigades.(156)
Leonel Grave de Peralta was tried at the same time as other
members of the Movimiento Cristiano Liberación. The alleged
basis of the charge against him was that he had been involved
in activities related to the Proyecto Varela. He was
reportedly sentenced to 20 years' imprisonment for breaching
Law 88. He is imprisoned in Kilo 5½ Prison in Pinar del Río.
33. Iván Hernández Carrillo is 32 years old. He reportedly
belongs to several groups: he is a member of the Partido
por la Democracia "Pedro Luis Boitel,"
"Pedro Luis Boitel" Democracy Party, has worked as
a journalist for several agencies, including the "Patria",
"Fatherland", agency, and has a private library in
his house in the province of Matanzas.
According to reports received by Amnesty International, Iván
Hernández has been repeatedly subjected to harassment involving
short-term detention, searches and being called in for questioning.
For example, he was apparently visited by police officers on
two occasions in January 1997, arrested in February 1997 and
again arrested in November 1999. On 23 June 2002 he was said
to have been arrested with other members of his group to prevent
them from attending a meeting of the "Pedro Luis Boitel"
Democracy Party in the municipality of Perico.
He was arrested on 18 March 2003. The evidence submitted against
him at his trial included a computer allegedly sent from the
United States and invoices for moneys said to have been received
by the private library. Witnesses for the prosecution stated
that cars belonging to the diplomatic corps had visited his
home. Iván Hernández Carrillo was sentenced to 25 years' imprisonment
on the basis of articles 4.1, 4.2a-b, 6.1, 6.3b, 7.1, 7.3 and
8.2 of Law 88.(157) He is being held in Holguín Provincial Prison.
34. Normando Hernández González, 32, from the province
of Camagüey, is the director of the Colegio de Periodistas
Independientes, College of Independent Journalists. He has
been subjected to harassment on many occasions over the past
few years: in February and March 2001, for example, he was reportedly
detained and released several miles from his home on at least
two occasions, and on 8 March 2002 members of the police apparently
threatened to imprison him for his journalism work. He has also
reported other types of harassment as well, including that his
telephone has been cut off since 15 June 2002 despite having
paid the required bills.
Normando Hernández was arrested on 24 March 2003. According
to reports, on the day of his arrest the police confiscated
documents permitting him and his wife to leave Cuba.
According to the verdict, the activities for which Normando
Hernández has been convicted include writing articles on various
issues relating to daily life. He was accused of the following
activities, among others:
He prepared
one hundred and sixteen reports for the ill-named Radio
'José Martí', some of which were untrue and others tendentious,
with the aforementioned aim of creating conditions in which
our national integrity would be put at risk, reports which
were transmitted by those radio stations and monitored in
Cuba, and in which he attacked the health system [and] the
education provided in this country, questioned the justice
system, tourism, culture, agriculture, fishing....(158)
Normando Hernández was sentenced to 25 years' imprisonment for
breaching article 91 of the Penal Code.(159) He is being held
in Boniato Provincial Prison in the province of Santiago de
Cuba.
35. Juan Carlos Herrera Acosta, 36, is a member of the
Movimiento Cubano de Jóvenes por la Democracia, Cuban
Movement of Young People for Democracy, and the Asociación
de Presos Políticos 'Pedro Luis Boitel', 'Pedro Luis
Boitel' Political Prisoners Association.(160) Neither organisation
has been recognised by the authorities. He also works as a journalist
in the province of Guantánamo.
Between September 1997 and 2001, Juan Carlos Herrera had served
a four-year prison sentence in Combinado de Guantánamo Prison
for trying to leave the country illegally. On that occasion
he was reportedly held in a punishment cell with no light because
of his activities in defence of prisoners' rights and for refusing
to cooperate with the prison's re-education program.(161)
He was detained on 19 March 2003 and later tried together with
Manuel Ubals González. Despite being accused of having links
with 'Comandos F-4,' a Miami-based organization which
has reportedly claimed to have committed acts of violence in
Cuba, no evidence of this or that they had acted violently or
incited others to use violence was presented. The activities
for which they were convicted in the verdict appear to have
been peaceful in nature and related solely to the exercise of
fundamental freedoms. According to the information it has received,
Amnesty International believes that the two men, like the other
dissidents arrested in March, are prisoners of conscience.
Juan Carlos Herrera was sentenced to 20 years' imprisonment
for breaching articles 4.1, 4.2a-b, 6.1, 6.3b, 7.1, 7.3 10 and
11 of Law 88.(162) He is serving his sentence in Boniato Provincial
Prison in the municipality of Santiago de Cuba.
36. Regis Iglesias Ramírez, 33, is a member of the Movimiento
Cristiano Liberación, Christian Liberation Movement, in
Havana. He has been involved in work related to the Proyecto
Varela. According to the prosecution, he had no previous
convictions.(163)
Regis Iglesias was arrested at the end of March and tried on
3 April. He was sentenced to 18 years' imprisonment under article
91 of the Penal Code.(164) He is serving his sentence in Kilo
8 Provincial Prison in the municipality of Camagüey.
37. José Ubaldo Izquierdo Hernández runs the private
"Sebastián Arcos Bergnes" Library and works as a journalist
for an agency called "Grupo Decoro."
José Ubaldo Izquierdo has reportedly been a victim of harassment
on several occasions. On 8 March 2002, for example, he was apparently
arrested when he was on his way to participate in an event connected
with International Women's Day and that same night his house
was stoned by unknown individuals. On 4 December 2002 he was
said to have been threatened with imprisonment if he attended
festivities in honour of the Virgin of Santa Bárbara in Güines,
Havana province. When he was returning home from the event on
his bicycle, he was hit by a car, reportedly suffering injuries
to his abdomen and legs.
José Ubaldo Izquierdo was arrested at the end of March, tried
in the San Antonio Provincial Court on 3 April and sentenced
to sixteen years' imprisonment. He is serving his sentence in
Kilo 5½ Prison in the municipality of Pinar del Río.
38. Reinaldo Miguel Labrada Peña, aged 40, is a member
of the Movimiento Cristiano Liberación, Christian Liberation
Movement. He has been involved in the work around the Proyecto
Varela initiative.
Reinaldo Labrada was arrested on 19 March in Las Tunas. The
prosecution reportedly sought a ten-year sentence. He was sentenced
to six years, the shortest sentence imposed on any of the dissidents
arrested during the crackdown. He was transferred from "El
Típico" Provincial Prison in Las Tunas following a protest
with other activists arrested in the March crackdown, and is
being held in the provincial prison in Guantánamo.
39. Librado Ricardo Linares García, 42 years old,
is president of the unofficial Movimiento Cubano Reflexión,
Cuban Reflection Movement, in the town of Camajuaní, Villa Clara
province. He is an engineer by training and, after reportedly
being expelled from the Communist Party in 1992 for calling
for economic reforms, has been involved in dissident activities
for a number of years.
Librado Linares was harassed, arrested and fine several times
in the crackdown against Concilio Cubano activists in
late 1995 and 1996.(165) In November 1999, he was reportedly
detained for several days to prevent him from taking part in
activities around the Cumbre Iberoamericana, the Inter-American
Summit in Havana.(166)
He was
arrested on 18 March 2003, and a number of items including
a bicycle were reportedly confiscated from his house by the
agents who searched it. He was tried in Villa Clara, where
he was sentenced to 20 years in prison under article 91 of
the penal code. (167)
The trial verdict accused Librado Linares and the four other
men from Villa Clara province with whom he was tried of using
human rights work as a front for alleged counterrevolutionary
activities such as meetings, conferences and seminars:
They
acted in agreement, meeting to take organizational measures
on how to carry out their struggle against the Revolution,
sheltering behind the facade of simple human rights defenders.(168)
Librado Linares is incarcerated in Combinado del Este prison
in the municipality of Guanabacoa, Havana province.
40.
Marcelo Manuel López Bañobre, is 39 years old and a tugboat
captian by profession. He joined the Comisión Cubana de
Derechos Humanos y Reconciliación Nacional (CCDHRN), Cuban
Commission for Human Rights and National Reconciliation, after
the 1994 sinking of the "13 de Marzo" tugboat,(169)
later becoming its spokesman. He was initially involved in
tracking the detentions of other dissidents as the crackdown
began. At the time, he wrote
The
wave of searches, confiscations and especially detentions
that began on March 18 is the most serious I have witnessed
… at the Cuban Commision for Human Rights and National
Reconciliation, where I am spokesman, we are busy trying
to establish lists of those detained and their whereabouts.
It is not easy; people are afraid to speak up because they
do not know their own rights, and also simply because transportation
is a nightmare, there are constant blackouts and the telephone
is virtually useless.(170)
By the time
the article was printed, Marcelo López had been detained. He
was arrested on 25 March 2003 on the street in Havana. He was
tried on 4 April along with five other dissidents, including
his CCDHRN colleague and fellow human rights defender Marcelo
Cano Rodríguez.
Marcelo
López was convicted under article 91 of the Penal Code and
articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2, 7.3, 8.1, 8.2,
9.1, 9.2, 10 and 11 of Law 88 to 15 years in prison.(171)
He is currently held in Guanajay prison in Havana province.
According to the trial verdict, Marcelo López was penalised
for his association with Amnesty International and other international
human rights organisations:
The
accused MARCELO MANUEL LOPEZ BANOBRE carries out activities
as 'spokesman and secretary' of the illegal Cuban Commission
for Human Rights and National Reconciliation, dedicating
himself to sending information to international organisms
like Amnesty International and Human Race [sic], notifying
them of people given the death penalty in this country,
but without explaining the motive for its imposition. This
distorts the information, making the penalty look like extrajudicial
assassination by the Cuban State, which helps condemn our
country before the Human Rights Commission in Geneva.(172)
Marcelo López was also accused of "approaching the families
of those condemned to death so that they will address the aforementioned
international organisations."(173)
The Cuban
authorities are well aware of Amnesty International's work
on the death penalty; as recently as 18 April 2003, for instance,
Foreign Minister Felipe Pérez Roque read extensively from
an Amnesty International report on the use of the death penalty
in the United States during his press conference on the results
of the Human Rights Commission vote in Geneva.(174) As such,
the authorities are aware that Amnesty International opposes
the death penalty in all cases, regardless of the 'motive
for its imposition,' and that questions of alleged distortion
of case information are irrelevant to the organisation's response
to death sentences, in any country where they occur.
Amnesty
International is deeply disturbed that allegations of contact
with this organisation are viewed as grounds for Cuban authorities
to sanction human rights defenders. Ironically, Cuban officials
have repeatedly cited Amnesty International's work on human
rights violations by the US and its allies to support their
accusations against these countries.(175)
41.
Héctor Fernando Maseda Gutierrez, 60, is reportedly an
engineer and physicist by profession. Since becoming involved
in dissident activities, he has written many articles, especially
on history, economy and culture, which have been published
in different sites.
Héctor
Maseda has been repeatedly harassed for his activities. He
was reportedly detained as part of a sweep at the beginning
of September 1997, while in May 2000 he was threatened with
prison if he attended a conference on the theme of 'culture
and globalisation.'
Héctor
Maseda was arrested at his house on 18 March 2003, and some
of his journalistic writings, a type writer, a fax and books
were confiscated. He was convicted under article 91 of the
Penal Code and articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2,
7.3, 8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88, and sentenced
to 20 years in prison.(176)
In the trial he was accused, among other activities, of "maintaining
relations with the International University of Florida, which
receives funds from USAID, that is, from the US government,
for subversion in Cuba."(177)
Héctor Maseda is currently being held in Manacas prison in
the municipality of Manacas.
42. José Miguel Martínez Hernández, aged 39, is
from Quivicán in Havana province. He is an area representative
for the unofficial political group Movimiento 24 de Febrero,
24 February Movement. He has been active with the Proyecto
Varela and has a private library, the "General Juan
Bruno Zayas" library, in his house.
José Miguel
Martínez has reportedly been harassed and detained on a number
of occasions in connection with his activism. In one example,
in June 2001 he was said to have been taken into custody by
state security agents and driven out of Quivacán for interrogation.
He was later released.
After
being arrested in March, José Miguel Martínez was tried and
sentenced to 13 years' imprisonment. He is currently being
held in Kilo 8 prison in Camagüey municipality.
43. Mario Enrique Mayo Hernández, 38, is a lawyer by
profession. He has worked as a journalist, publishing articles
in a number of media, and is the director of the unofficial
press agent "Félix Varela" in Camagüey.
In November 2000 Mario Enrique Mayo was reportedly visited
in his house by a state security agent, who threatened him
and insisted that he give up his dissident activities.
Mario Enrique Mayo was arrested on 19 March and tried in Camagüey.
The trial verdict refers to a number of 'counterrevolutionary'
articles Mario Enrique Mayo allegedly wrote, covering topics
such as health care, prison conditions, and the situation
of families of political prisoners. He is accused of doing
so with the intention of "creating in this way the conditions
necessary for our country to be condemned in the Human Rights
Commission, and consequently creating conditions favourable
for a 'humanitarian' intervention into our territory."(178)
Mario
Enrique Mayo was sentenced to 20 years in prison under article
91 of the Penal Code.(179) He is currently being held in the
provincial prison in Holguín.
44. Luis Milán Fernández is reportedly a medical doctor
by profession. He is a member of the unofficial Colegio
Médico de Cuba, Cuban Medical Association.
In June 2001 he and his wife, also a doctor, signed a document
called 'Manifiesto 2001,' calling among other measures
for recognition of fundamental freedoms in Cuba. Together
with other health professionals they carried out a one-day
hunger strike to call attention to the medical situation of
detainees and other issues.
Luis Milán was reportedly sentenced to 13 years in prison.
He is currently being held in the provincial prison of Ciego
de Avila (called "Canaleta").
45. Nelson Moliné Espino, 38 years old, is president
of the unofficial Confederación de Trabajadores Democráticos
de Cuba, Confederation of Democratic Workers of Cuba,
and a member of the unofficial Partido 30 de noviembre,
30 November Party.
Nelson Moliné had previously been harassed by the authorities
for his activities. In May 2002, for instance, he was reportedly
called into the local police station in San Miguel del Padrón,
Havana province, and threatened with arrest if he did not
give up his trade union work.
On 20 March 2003 Nelson Moliné's home was searched and he
was detained. The indictment states that at his home "many
books and magazines containing subversive material",
"múltiples libros y revistas de contenido subversive",
were found. The indictment also claims that he "mixes
with people dedicated to subversive activity, and leads a
comfortable life due to the monetary rewards of his subversive
activity," "Se relaciona con personas dedicadas
a la actividad subversiva, y lleva un modo de vida holgado
por las cuantiosas entradas monetarias derivadas de la actividad
subversiva."(180)
Nelson Moliné was convicted on the basis of article 91 of
the Penal Code to 20 years' imprisonment.(181) He is currently
being held in Kilo 8 prison in Pinar del Río municipality,
a distance which reportedly makes it difficult for his wife
and four year old daughter to visit. He is reportedly suffering
from ill health due to rapid weight loss and low blood pressure.
46. Angel Juan Moya Acosta, aged 38, is president of
the Movimiento Opción Alternativa, Alternative Option
Movement, in Matanzas province, as well as a member of the
Consejo Nacional de Resistencia Cívica, National Council
of Civic Resistance, both organisations which have not been
recognised by the authorities. He was active in the "Todos
Unidos," ''All United'' umbrella movement.
Angel Moya has been imprisoned several times in the past and
has previously been considered to be a prisoner of conscience
by Amnesty International. He was detained on 15 December 1999
after participating in a peaceful demonstration to celebrate
the 51st anniversary of the Universal Declaration of Human
Rights, and was eventually released without having been tried.(182)
In December 2000 he was sentenced to one year's imprisonment
and 10 years' confinement to his home province, Matanzas,
charged with ``disrespect," "desacato."
The sentence was reportedly imposed because, in the course
of a mass celebrated at his home in November 2000, prayers
were said for political prisoners and prisoners of conscience,
including calls for them to be amnestied. He was released
on 4 December 2001.(183)
Angel Moya was arrested in the March crackdown and tried on
7 April in the Tribunal Popular de 10 de Octubre, 10 October
Popular Tribunal, in Havana. He was found guilty and sentenced
under article 91 of the Penal Code to 20 years in prison.(184)
He is currently held in the Holguín provincial prison.
47.
Jesús Miguel Mustafa Felipe, aged 58, is a member of the
Movimiento Cristiano Liberación (MCL), Christian Liberation
Movement. He was involved in collecting signatures for the
Proyecto Varela in his home town of Palma Soriano,
Santiago de Cuba province.
Jesús
Mustafa had been detained on 17 December 2002 along with Robert
Montero Tamayo, after they went to a police station to find
out about the detention of fellow MCL member, Ramuel Vinajera
Stevens. Both men were released a few days later but on 19
February 2003 they were tried and sentenced to 18 months'
imprisonment, charged with "disobedience," "desobediencia"
and "resistance," "resistencia."
Amnesty International wrote to the Cuban authorities about
these events but did not receive a reply.
Jesús
Mustafa was apparently tried again in the context of the March
crackdown. He is reported to have received a 25-year sentence,
after the prosecution had requested a life sentence. He is
currently held in Combinada del Este prison in Havana province.
48. Félix Navarro Rodríguez, 49 years old, is a member
of the unofficial Partido Solidaridad Democrática,
Democratic Solidarity Party, in Matanzas province and works
as a journalist. He was reportedly fired from his position
as a school headmaster in the city of Perico in 2001 after
being arrested in connection with dissident activities. He
has reportedly been active in the Proyecto Varela campaign
and the "Todos Unidos" umbrella movement.
Félix Navarro has been subjected to harassment and detention
for his dissident activities since at least 1992. According
to reports he was detained in December 1992 for putting up
pro-democracy posters on the street, and in November 1996
he was taken for questioning for activities such as not paying
his union dues and having an issue of the US-published "El
Nuevo Herald" newspaper at work He was reported to
have been detained briefly in November 1999, and again in
September 2001 for participating in a commemoration of two
political prisoners who were said to have died in custody.
In February 2002 he was apparently briefly detained again;
during the search of his house, State Security agents reportedly
confiscated materials for the Proyecto Varela initiative.
Félix Navarro was arrested in the March crackdown and tried
in Matanzas. The activities on which his conviction was based
included the following: "he received, among other things,
leaflets and literature; the latter was proved by the confiscation
of aggressive and corrosive writings and printed material
from his house." (185)
Félix Navarro was sentenced to 25 years under articles 4.1,
4.2a-b, 6.1, 6.3b, 7.1, 7.3 and 8.2 of law 88.(186) He is
being held in Guantánamo provincial prison.
49. Jorge Olivera Castillo, 41, a former national television
editor, is director of the unofficial Havana Press agency.
The agency's articles have been featured on the US-based Nueva
Prensa Cubana, New Cuban Press, website.
Jorge Olivera has been repeatedly detained and harassed during
the course of his reporting activities. He was said to have
been expelled from his house in the Lawton neighbourhood of
Havana in February 1997 in retribution for his contacts with
foreign press, and arrested in September 1997 after trying
to cover the trial of dissident Maritza Lugo Fernández in
the municipality of Playa, Havana province. In the weeks preceding
the Ibero-American Summit in Havana in November 1999, President
Castro reportedly mentioned Jorge Olivera and other journalists
by name during a television broadcast, accusing them of counterrevolutionary
activities.
Jorge Olivera was convicted under articles 4.1, 4.2b, 6.1,
6.3b, 7.1, 7.3, and 11 of Law 88 and received a sentence of
18 years.(187) Though he was tried in Havana, he was transferred
to the other extreme of the island to begin serving his sentence
in a prison in Guantánamo province.
50. Pablo Pacheco Avila, 31, works for the unofficial
agency Cooperativa Avileña de Periodistas Independientes
(CAPI), Avileña Cooperative of Independent Journalists,
in Ciego de Avila.
Pablo Pacheco has been subjected to harassment in the past.
In one example, in November 2002 he was reportedly detained
for six hours after attempting to video police officers ill-treating
two women, and in March 2002 he was reportedly detained for
the third time in a month for providing news coverage on the
meeting of an unofficial group.
He was sentenced under articles 6.1, 6.3b, 7.1, 7.3 and 11
of Law 88 to 20 years imprisonment.(188) He is currently being
held in Agüica prison in the municipality of Colón in Matanzas
province. He is reportedly suffering from high blood pressure
and migraines, for which he is said to have received some
treatment.
51. Héctor Palacios Ruiz, aged 61, is director of the
unofficial Centro de Estudios Sociales, Centre of Social
Studies, and secretary of the reporting committee of the "Todos
Unidos," "All United," coalition.
Héctor Palacios is a well-known and longstanding figure among
Cuban dissidents, and has been considered by Amnesty International
to be a prisoner of conscience following arrests in 1994,
1997 and 1999. In August 1994, he was among a group of activists
targeted for arrest in the wake of violent clashes between
police and protesters who had gathered on the Havana shore
following a spate of attempted armed hijackings of local ferries.(189)
In January 1997, when he was president of the unofficial Partido
Solidaridad Democrático (PSD), Democratic Solidarity Party,
and member of Concilio Cubano, Cuban Council, he was
detained and sentenced to 18 months imprisonment for "disrespect,
"desacato," following an interview with a
German television station in which he criticised the Cuban
government. He was released in February 1998 following Pope
John Paul IIs visit to Cuba.(190)
Héctor Palacios was detained on 20 March 2003 and subsequently
tried in Havana. He was convicted under article 91 of the
Penal Code and articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2,
7.3, 8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88 to 25 years in
prison.(191) The prosecution had called for life imprisonment.(192)
Hector Palacios was accused, among other activities, of
having
in his home one of the so-called independent libraries,
a program created at the request of the already mentioned
organisations based in Miami that financed this project
with money received by USAID, in other words the United
States government, the majority of the books sent being
subversive and counterrevolutionary. (193)
Héctor Palacios is currently imprisoned in Kilo 5 1/2 prison
in Pinar del Río province. His wife, Gisela Delgado Sablón,
was reportedly refused permission to visit him in May and threatened
with imprisonment if she participated in public demonstrations
on his behalf.
52. Arturo Pérez de Alejo Rodríguez is president of the
unofficial organisation Frente Escambray de Derechos Humanos,
Escambray Human Rights Front. He was also involved in the Proyecto
Varela initiative in Villa Clara province. In January 2003,
he was said to have been briefly detained for handing out copies
of the UN Declaration of Human Rights.
Arturo Pérez de Alejo was arrested on 18 March 2003. He was
tried, found guilty and sentenced to 20 years in prison. He
is currently imprisoned in Kilo 5 1/2 prison in Pinar del Río
province.
53. Omar Pernet Hernández, 57, lives in Placetas
in Santa Clara province and is a leader of the unofficial Movimiento
Nacional por los Derechos Humanos, National Movement for
Human Rights, "Mario Manuel de la Peña." He
is active in a number of other organisations and in the Proyecto
Varela in the area.
Omar Pernet Hernández received a 25 year sentence under article
91 of the penal code.(194) The accusations upon which he was
convicted included
carrying
out subversive activities through denunciations of supposed
human rights violations in Cuba, which were disseminated
by counterrevolutionary stations based in the terrority
of the United States of North America [sic], such as the
mis-named Radio Martí, Radio Mambí and "La Poderosa,"
that have as their only objective to provoke the North American
government into intensifying its aggressive policy towards
our country.(195)
Omar Pernet Hernández is imprisoned in Guanajay prison in the
province of Havana.
54. Horacio Julio Piña Borrego, aged 36, lives in Sandino
in the province of Pinar del Río. He has been involved with
the Proyecto Varela for the region as well as being a
provincial delegate for the Partido Pro Derechos Humanos
en Cuba, Party for Human Rights in Cuba, which is affiliated
with the Sajarov Foundation. He had been briefly detained by
security forces in May 2001.
He was arrested on 19 March 2003, during the wave of arrests.
He was tried and convicted under articles 4.1, 4.2a-b, 6.1,
6.3a-b, 7.1, 7.3 and 11 of Law 88.(196) He received a 20-year
sentence and is currently being held in the Pínar del Río provincial
headquarters of the Department of State Security.
55. Fabio Prieto Llorente lives on the Isla de Pinos
and works for the island's unofficial news agency, Agencia
de Prensa Independiente de Isla de Pinos.
Fabio Prieto Llorente was involved in independent journalism
since at least November 1999. He was said to have received regular
visits, threats and warnings from police and other security
agents to discontinue his activities. In January 2002, he was
briefly detained, and harassment reportedly continued throughout
that year.
He was arrested on 18 March 2003, tried and sentenced to 20
years in prison. As of this writing he is being held in Guanajay
prison in Havana province.
56. Alfredo Manuel Pulido López, 42, lives in Camagüey.
He worked as a journalist for the unofficial news agency El
Mayor in Camagüey. In addition, he was reportedly a member
of the Movimiento Cristiano Liberación and was involved
in Proyecto Varela activities.
Alfredo Pulido was arrested on 18 March 2003. He was sentenced
to 14 years in prison under article 91 of the Penal Code.(197)
He was transferred from his home province and is currently being
held in Combinado del Este prison in the municipality of Guanabacoa,
Havana province.
57. José Gabriel Ramón Castillo(198) is said to be a
trained teacher. He is the director of the unofficial Instituto
Independiente Cultura y Democracia, Independent Culture
and Democracy Institute, based in Santiago de Cuba. He also
works as an independent journalist and has had articles and
news items published in a variety of websites include CubaNet.
He was repeatedly subjected to persecution and harassment by
the authorities from the beginning of his involvement in these
activities.
José Gabriel Ramón was detained on 19 March 2003 and tried in
the first week of April 2003. He was convicted and sentenced
to 20 years in prison. He is currently being held in the provincial
prison in Santa Clara.
58. Arnaldo Ramos Lauzerique, 60 years of age, lives
in the city of Havana and is a member of the Instituto Cubano
de Economistas Independientes, the Cuban Institute of Independent
Economists. He is also a member of the umbrella group Asamblea
para promover la sociedad civil, Assembly to promote civil
society.
After being detained during the wave of arrests in March 2003,
he was tried under article 91 of the Penal Code. He received
a sentence of 18 years.(199) He is being held in the provincial
prison in Holguín.
59. Blas Giraldo Reyes Rodríguez, aged 46, lives in Sanctí
Spiritus. He is a member of the steering committee of the Proyecto
Varela in Sancti Spíritus and director of a private library
located in his residence.
Following his arrest in March 2003, he was tried and sentenced
to 25 years in prison. He is being held in Agüica prison in
the municipality of Colón in Matanzas province.
60.
Raúl Rivero Castañeda is a 57-year-old poet and journalist.
He was founder, and serves as director, of the unofficial
press agency Cuba Press.
Raúl Rivero has been detained and threatened many times in
the past. For example, in January 1996 he was detained for
one day and threatened with imprisonment if he did not stop
his work with Concilio Cubano, of which Cuba Press
had just become a member.(200) In February 1996 he was again
detained, in a roundup of Concilio Cubano activists.(201)
In July 1997 he was detained, following an article he wrote
about dissident Vladimiro Roca, and he was again arrested
in August 1997.(202) In March 1999 after Law 88 came into
force, Raúl Rivero was reportedly interrogated for three hours.
The officers reportedly told him that he would be one of the
first to whom the new law would be applied if he did not stop
his journalistic work.(203)
Raúl Rivero was detained on 18 March 2003 and tried on 4 April
2003, along with journalist Ricardo Severino González.
Raúl Rivero was accused under article 91 of the Penal Code.
The indictment accused him of carrying out unspecified "actividades
subversivas encaminadas a afectar la independencia e integridad
territorial cubana," "subversive activities,
aimed at affecting the territorial independence and integrity
of Cuba." It also stated that he disseminated "falsas
noticias para satisfacer los intereses de sus patrocinadores
del gobierno norteamericano," "false news to
satisfy the interests of his sponsors of the North American
government."(204)
He was found guilty and received a 20-year sentence.(205)
The trial verdict highlighted his contacts with international
organisations:
The accused
RIVERO CASTANEDA, in addition to the facts already described,
from 2000 began disseminating information via the Encuentro
en la Red webpage belonging to the International Press
Society. [The information] was all of a nature destabilising
to the Cuban state.(206)
The verdict also accused him of working as a paid correspondent
for Agence France Presse and of having contacts with
the international organisation Reporters without Borders.
Raúl Rivero
is currently being held in the provincial prison of Ciego
de Avila (called "Canaleta").
61. Alexis Rodríguez Fernández, aged 33, is a member
of the Movimiento Cristiano Liberación, Christian Liberation
Movement. He was involved in the Proyecto Varela initiative.
Alexis Rodríguez had been detained several times in the past.
For example, when he was municipal delegate of the unofficial
group Movimiento de Jóvenes Cubanos por la Democracia,
Movement of Cuban Young People for Democracy, he was reported
to have been temporarily detained on 14 October 1997. In January
2002, after collecting signatures for the Proyecto Varela
he was attacked and threatened, reportedly by plain clothes
state security agents, and later abandoned in a remote area.
Alexis Rodríguez was arrested in the March crackdown and tried
in early April. He was sentenced to 15 years' imprisonment
and is currently imprisoned in Agüica prison in the municipality
of Colón in Matanzas province.
62. Omar Rodríguez Saludes, aged 37, is director of
the unofficial Nueva Prensa news agency. In addition
to reporting, he is also a photographer.
He has been arrested several times in the past. In December
1998, he was among a group of dissidents apparently detained
to prevent them from taking part in activities to commemorate
the anniversary of the Universal Declaration of Human Rights.(207)
He was also said to have been detained in February and November
1999 and November 2000. On 17 January 2002 he was temporarily
detained after reporting on a meeting between a visiting Spanish
official and some dissidents. He was reportedly interrogated
for several hours and told that his work was illegal and counter-revolutionary.
In 2002 he is reported as telling The New York Times¸
"We know the risks we are taking… The risk is even
in our homes. The government knows what we do and it watches.
They know our lives better than we do." Due to restrictions
on freedom in Cuba, he said that he had never seen the webpage
that runs his photographs, or seen the photos themselves except
as negatives. "I am a blind photographer," he stated.(208)
Omar Rodríguez was convicted on the basis of accusations such
as "he photographed places that, because of the state
they were in, gave a distorted image of Cuban reality, and
he sent them to be published in the foreign, mainly counterrevolutionary,
press."(209)
Omar Rodríguez was convicted under state security charges
in article 91 of the Penal Code and given a penalty of 27
years.(210) The prosecution had argued for a sentence of life
imprisonment.(211) He is imprisoned in Kilo 8 prison in Camagüey
municipality.
63. Marta Beatriz Roque Cabello, aged 57, has been
recognised by Amnesty International as a prisoner of conscience
in the past. She is an an economist who heads the unofficial
Instituto Cubano de Economistas Independientes, Cuban
Institute of Independent Economists. She is also the head
of the Asamblea para promover la sociedad civil, Assembly
to promote civil society, an umbrella organization of dissident
groups created in October 2002 to call for democracy and greater
respect for freedoms.
Marta Beatriz Roque previously served out a 3 1/2 year prison
sentence following her arrest on 16 July 1997.(212) She was
sentenced along with three other members of the Grupo de
Trabajo de la Disidencia Interna para el Análisis de la situación
Socio-Económica Cubana, Internal Dissidents' Working Group
for the Analysis of the Cuban Socio-Economic Situation.
They were all charged with "otros actos contra la
seguridad del estado," "other acts against state
security" (Article 125 (c) of the Cuban Penal Code) in
relation to a charge of "sedición," sedition
(Art 100 (c) of the Cuban Penal Code). Their arrest took place
one month after a press conference attended by foreign press
during which they criticised an official discussion document
and gave journalists a copy of their own critique of the document,
entitled "La Patria es de Todos," The Homeland
is for Everyone. The latter document advocated peaceful democratic
changes in the country. She was released on 23 May 2000. The
other three members were released later, and have not been
re-arrested in the recent crackdown.
Marta Beatriz Roque was most recently arrested on 20 March
2003.
The indictment against her charges that she carried out unspecified
"acciones dirigidas a subvertir el orden interno del
Estado Cubano, provocar su desestabilización y la pérdida
de su independencia, actividades por las que recibió cuantiosos
recursos monetarios del Gobierno de Los Estados Unidos",
"activities aimed at subverting internal order of the
Cuban State, provoking its destabilisation and the loss of
its independence, activities for which she received substantial
monetary funds from the US Government." It also states
that she had links with the head of the US Interests Section,
James Cason, who paid visits to her house.(213)
Marta Beatriz Roque was found guilty, among other activities,
of having
Created
a website on a North American internet server, for use by
the self-proclaimed Institute of Independent Cuban Economists
'Manual Sanchez Herrero,' which she used to put out propaganda
articles and work that disfigured the economic reality …
for the execution of the abovementioned activities, the incriminated
Roque Cabello received enough financing and considerable material
assistance, fundamentally from the United States Agency for
International Development. (214)
The prosecution requested a life sentence.(215) She was convicted
under article 91 of the Penal Code and received a 20-year sentence.(216)
She is currently being held in Manto Negro Prison in the municipality
of La Lisa, Havana province.
64. Omar Moisés Ruiz Hernández, aged 56, is a journalist
for the unofficial Grupo de Trabajo Decoro, Decoro
Working Group.
Previously Omar Rodríguez was vice delegate of the Partido
Solidaridad Democrática, Democratic Solidarity Party,
in Villa Clara. During this time he was reportedly arrested
several times, for example in January and March 1996. Similarly,
he was said to have been summoned and interrogated in October
1997. Such harassment was ongoing as he continued to carry
out his activities.
Omar Ruiz Hernández was sentenced to 18 years under article
91 of the penal code.(217) He is currently being held in Guantánamo
provincial prison.
65. Claro Sánchez Altarriba, 49, is a member of the
unofficial Movimiento de Jóvenes Cubanos por la Democracia,
Movement of Cuban Young People for Democracy, in Santiago
de Cuba. He had suffered some prior harassment for his activities,
including a short-term detention and a fine in October 2002.
Claro Sánchez was detained on 19 March 2003. He was tried
and was sentenced to 15 years in prison under articles 4.1,
6.1 and 7.1 of Law 88.(218) He is imprisoned in Kilo 8 prison,
Camagüey municipality.
66 and 67. Ariel and Guido Sigler Amaya were detained
on 18 March 2003. (Their brother Miguel is also in prison,
as mentioned in the chapter below, and is facing a range of
charges apparently relating to different incidents.) Ariel
and Guido Sigler are both members of the unofficial Movimiento
Opción Alternativa, Alternative Option Movement, in Matanzas
Province.
The Sigler brothers have been detained and harassed several
times in the past. They were declared prisoners of conscience
by Amnesty International following their detention in December
1999 after participating in a peaceful demonstration to celebrate
the 51st anniversary of the Universal Declaration of Human
Rights.(219) Guido was released in July 2000 and Ariel in
August 2000.(220) Most recently, in December 2002 Ariel and
Guido were detained along with Oscar Elías Biscet and 14 other
dissidents after they attempted to meet at a home in Havana
to discuss human rights. Ariel and Guido were later released.(221)
Ariel Sigler Amaya, 39, received a 20-year sentence under
articles 4.1, 4.2a-b, 6.1, 6.3b, 7.1, 8.1, 8.2, 8.11 of Law
88.(222) He is being held in the Ciego de Avila provisional
prison, 'Canaleta.' Guido, aged 46, was like Ariel sentenced
to 20 years in prison under articles 4.1, 4.2a-b, 6.1, 6.3b,
7.1, 8.1, 8.2, 8.11 of Law 88.(223) He is currently imprisoned
in Combinado del Este prison in Guanabacoa municipality, Havana
province. Family members have reported that both men are being
held in solitary confinement. There are concerns about their
heath, particularly that of Guido, and the family has requested
that he receive specialised medical attention for a prostate
condition.
68. Ricardo Silva Gual is a medical doctor and a member
of the Movimiento Cristiano Liberación, Christian Liberation
Movement. He has reportedly suffered a number of forms of
harassment related to his activities.
Ricardo Silva was detained on 18 March 2003 and was reportedly
sentenced to 10 years' imprisonment under articles 4.1 and
6.1 of Law 88. He is currently being held in the Guantánamo
provincial prison.
69. Fidel Suárez Cruz, 33, is a farmer and a member
of the unofficial Partido Pro Derechos Humanos en Cuba,
Party for Human Rights in Cuba, in Pinar del Río. He also
heads the private library "San Pablo."
In 2000 he was sentenced to six months' restricted freedom
for "desobediencia", "disobedience,"
for fishing in a restricted area; however, in December 2000
this sentence was reportedly changed to imprisonment after
he was arrested for carrying out peaceful political activities.
He was also believed to have been detained in 1999.
Fidel Suárez was arrested on 18 March 2003 and subsequently
tried on 3 April at the Tribunal Provincial, Provincial
Court, in Pinar del Río. He was convicted under articles 4.1,
4.2a-b, 6.1, 6.3a-b, 7.1, 7.3 and 11 of Law 88 and sentenced
to 20 years in prison.(224) He is being held at Agüica prison
in Matanzas province.
70. Manuel Ubals González, 34, is President of the
unofficial Consejo por la Libertad de Cuba, Council
for the Freedom of Cuba. He lives in Guantánamo province.
In 1994 he was reportedly sentenced to three years' correctional
work with internment for "salida illegal del territorio
nacional," "illegal exit from the national territory."
Manuel Ubals was detained on 20 March 2003 and subsequently
tried on 3 April at the Provincial Court in Guantánamo province.
Although he, with Juan Carlos Herrera, was accused of links
with 'Comandos F-4,' a Miami-based organisation that,
according to the information received, claims to have committed
acts of violence in Cuba, there is no evidence given of such
a link. Neither were Manuel Ubals and Juan Carlos Herrera
accused of acting violently or inciting others to violence.
The activities described in the verdict, on the basis of which
they were convicted, amounted to the peaceful exercise of
fundamental freedoms. Based on the information available,
therefore, Amnesty International considers these two men,
like the other dissidents tried after the recent crackdown,
to be prisoners of conscience.
Manuel Ubals was sentenced to 20 years under articles 4.1,
4.2a-b, 6.1, 6.3b, 7.1, 7.3 10 and 11 of Law 88.(225) He is
imprisoned in Agüica prison, in the municipality of Colón
in Matanzas province.
71. Julio Antonio Valdés Guevara,(226) aged 52, is
director of the private library of an unofficial group, Unión
de Activistas y Opositores "Golfo de Guacanayabo",
Union of Activists and Opponents "Gulf of Guacanayabo,"
in Manzanillo, Granma province.
Julio Antonio Valdés was reportedly detained on 19 March 2003,
tried, and sentenced to twenty years' imprisonment.
He is believed to be suffering from high blood pressure, renal
insufficiency and dizzy spells and is not receiving any medication.
He is reportedly being held in the Prisión Provincial de
Ciego de Avila, Ciego de Avila Provincial Prison (called
"Canaleta").
72. Miguel Valdés Tamayo, aged 46, is vice president
of the unofficial group "Hermanos Fraternales por
la Dignidad", Fraternal Brothers for Dignity. At
the time of his detention he was reportedly working as a television
mechanic in a state run workshop in Havana province.
Miguel Valdés had previously been detained on 23 October 2002
in Havana, when he and other members of his organisation reportedly
tried to light candles in a park.
He was detained on 19 March 2003, tried and sentenced under
article 91 of the Penal Code to 15 years in prison.(227) He
is currently in prison in Kilo 8 prison in the municipality
of Camagüey. He is reportedly suffering from a number of health
problems including ulcer, high blood pressure and heart problems.
73. Héctor Raúl Valle Hernández, aged 35, is vice president
of the unofficial Confederación de Trabajadores Democráticos
de Cuba, Confederation of Democratic Workers of Cuba,
and an activist of the unofficial Partido Pro-Derechos
Humanos, Pro Human Rights Party, in San José de las Lajas.
He had previously been detained and harassed on several occasions.
For example, on 16 November 2002 he was reportedly detained
and taken to the police station in San José, Havana, where
he was interrogated and told to stop his anti-government activities.
He was reportedly sentenced to 12 years' imprisonment, charged
with infringing article 91 of the penal code. He is currently
being held at Combinado de Guantánamo Prison, some
900km from his home.
74. Manuel Vázquez Portal, aged 51, is an independent
journalist for the Grupo de Trabajo Decoro, Decoro
Working Group. His articles have been published in
CubaNet and other media sites. He also is a poet.
He had reportedly been detained temporarily before for his
activities, for example in November 1999.
Manuel Vázquez was arrested on 19 March 2003. He was tried
and found guilty under articles 4.1, 4.2b, 6.1, 6.3b, 7.1,
7.3, and 11 of Law 88, and received a sentence of 18 years.(228)
He is currently being held in Boniato provincial prison, Santiago.
75. Antonio Augusto Villareal Acosta was involved in
collecting signatures for the Proyecto Varela. Amnesty
International does not have information on his past activities.
He was sentenced to 15 years' imprisonment and is currently
being held in in Boniato provincial prison, Santiago.
6. Additional arrests of concern
A number of additional dissidents were reportedly arrested
during or around the time of the crackdown. The organisation
is currently 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. They include Rafael Ernesto Avila Pérez,
Javier García Pérez, Félix Jaime González Martínez, Rolando
Jimenes Posada, Rafael Millet Leyva, Miguel Sigler Amaya,
Pablo Solis Cubilla and Orlando Zapata Tamayo.
7.
Death penalty: resumption of executions in Cuba
The three
young men executed on 11 April 2003, Lorenzo Enrique Copello
Castillo, Bárbaro Leodán Sevilla García and Jorge Luis Martínez
Isaac, had been among a group of eleven who on 2 April had
taken control of a Cuban ferry in Havana Bay with several
dozen passengers on board and tried to force it to take them
to the United States. When the ferry ran out of fuel 30 miles
from Cuba, the men allegedly threatened the lives of passengers.
The ferry was eventually escorted back to the Cuban shore
by the Cuban coast guard. After a standoff, the matter was
resolved without violence after Cuban security forces encouraged
passengers to escape by jumping into the water. The hijackers
were then apprehended. As a note issued at the time by the
Cuban government stated, "all of those who were in the
vessel were rescued and saved without a shot or a scratch."(229)
The hijackers
were tried in summary procedures provided for in the Law of
Criminal Procedure:
When
exceptional circumstances warrant it, the Attorney General
of the Republic can inform the President of the Supreme
Popular Court, and the latter decide, to judge illegal conduct
under summary procedures under the jurisidiction of any
of the Courts of Justice. (230)
The three
men were convicted under anti-terrorism legislation, Ley
Cubana contra Actos de Terrorismo, dating from December
2001. It was believed that the legislation was adopted at least
in part as a response to increased attention to terrorism-related
topics following the 11 September 2001 events in the United
States. Although the article on hostage-taking does not provide
for the death penalty in cases in which there are no injuries,
they received the death sentence. Their appeals to the Supreme
Court and the Council of State were summarily dismissed, and
the three were executed by firing squad less than a week after
their trial began.The remaining eight received less severe sentences.
In an
Official Note, the Cuban government maintained that the men
were tried "with full respect of the fundamental guarantees
and rights of the accused." (231) However, the speed
with which they were brought to trial, found guilty and their
appeals denied raises profound concerns about the fairness
of the judicial procedure to which they were subjected.
The authorities
did not offer a detailed justification of the death sentence.
As stated above, the maximum penalty for hostage-taking in
which no one is injured is 20 years:
He who
seizes another person, or holds them against their will,
and threatens to kill, wound or detain them, in order to
oblige a State, an intergovernmental organisation, an natural
or juridical person or a group of people, to carry out an
action or an omission, as an explicit or implicit condition
for the release of the hostage, incurs a penalty of ten
to twenty years' imprisonment.
If,
as a consequence of the facts described in the previous
section, this results in the death or serious injury of
one or more people, or the conditions demanded for the
release of the hostage are achieved, the penalty will
be from ten to thirty years imprisonment, or death.(232)
Once again
the Cuban authorities used the US as a justification for their
actions. On 17 April the Cuban ambassador to the European Union
reportedly defended the executions, saying "we do not like
implementing the death penalty," but indicating that for
Cuba it was an act of "legitimate defence": "we
are not the only ones in the world to pass the death penalty.
It is often implemented in Texas, a state where George W. Bush
was governor."(233)
Cuban
authorities also justified the executions as a way of deterring
further hijackings. In his 18 April press conference on the
UN Human Rights Commission, Foreign Minister Pérez Roque clarified
Cuba's longterm position on the death penalty. He pointed
out that Cuba habitually abstains from the Commission resolution
calling for the elimination of the death penalty, but justified
the ongoing recourse to capital punishment as a defence against
external aggression:
We see
the death penalty as an extreme, totally extraordinary and
undesired recourse, and one day, we hope, it will not be
in our legislation; it is not consistent with our philosophy
of life. But we have been a country under attack, we are
a country facing an ongoing effort to destabilise us, and
we have to use all resources in our reach … the day
that Cuba is not under blockade, the day that Cuba is not
under attack; the day that there is no Helms-Burton, Torricelli,
Cuban Adjustment Act; the day that the aggressions, plots
and conspiracies cease; the day that Cuba is left in peace
to pursue its own path; Cuba will not have to use drastic
measures that it does not want, but that today are a duty."
(234)
Amnesty International
is deeply concerned that, with the resumption of death by firing
squad, the 52 prisoners remaining on death row may also face
execution.
Even though
Cuba is not formally a party to international mechanisms for
the abolition of the death penalty, international standards
apply to its treatment of death row prisoners. Those standards
include explicit provisions, such as those for fair trial,
which were not fully respected in the case of Lorenzo Enrique
Copello Castillo, Bárbaro Leodán Sevilla García and Jorge
Luis Martínez Isaac:
capital
punishment may only be carried out pursuant to a final judgement
rendered by a competent court after legal process which
gives all possible safeguards to ensure a fair trial, at
least equal to those contained in article 14 of the International
Covenant on Civil and Political Rights, including the right
of anyone suspected of or charged with a crime for which
capital punishment may be imposed to adequate legal assistance
at all stages of the proceedings.(235)
In addition
to grave concerns about the summary trial and appeals procedure
used in this case, in contravention of international standards,
Amnesty International is concerned about the regressive nature
of the Cuban government's decision to end the de facto
moratorium on executions in place since April 2000.
The Second
Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty,
asserts that "abolition of the death penalty contributes
to enhancement of human dignity and progressive development
of human rights."(236) It also maintains that "all
measures of abolition of the death penalty should be considered
as progress in the enjoyment of the right to life."(237)
These standards serve as a benchmark, in spite of the fact
that Cuba is not a signatory to the optional protocol or the
covenant itself, and the decision to resume executions is
therefore a deeply worrying one.
8.
Recommendations
8.1. Recommendations to the Cuban government
Based
on its review of the information available, Amnesty International
does not accept the Cuban government's portrayal of the 75
dissidents arrested as mercenaries or foreign agents. The
organisation believes that the activities for which they have
been arrested, tried and sentenced fall within the framework
of the legitimate exercise of fundamental freedoms of expression,
association and assembly. The organisation therefore calls
on the Cuban government
· to order
the immediate and unconditional release of all those arrested
in the March crackdown as prisoners of conscience.
· to immediately and unconditionally release the 15 prisoners
previously named by Amnesty International as prisoners of
conscience.
· to immediately
and unconditionally release anyone else who is detained or imprisoned
solely for having peacefully exercised their rights to freedom
of expression, association and assembly.
Amnesty International believes that the Cuban authorities
have used the climate created by economic and political pressure
from the United States to justify a repressive legal system
which restricts fundamental freedoms in a manner which goes
far beyond what is permissible under international human rights
standards for the protection of national security and public
order. The organisation urges the authorities
· to reform
the Cuban legislation which facilitates the ongoing incarceration
of prisoners of conscience by outlawing the legitimate exercise
of fundamental freedoms, and to bring such legislation into
line with international standards.
· to provide full judicial guarantees to ensure that, in accordance
with international human rights standards, all detainees accused
of politically-motivated offences have access to a fair trial,
including immediate access to a lawyer of their choice.
· to suspend
Law 88 and other similar legislation that facilitates the imprisonment
of prisoners of conscience by unlawfully restricting fundamental
freedoms.
Amnesty International
opposes the death penalty in all countries where it exists,
as a violation of the fundamental right to life. The organisation
urges the Cuban government
· to reverse its regressive decision to resume executions, and
to publicly commit itself to respecting the de facto
moratorium in place prior to the April executions so that no
further such state killings will be carried out.
· to immediately
commute the sentences of those on death row to prison terms.
· to abolish the death penalty from its legal system, and to
reform all laws and legal texts that refer to it accordingly.
In addition,
Amnesty International urges the Cuban government
· 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.
8.2.
Recommendations to the US government
Given
its grave concerns at the negative impact of the US embargo
and related policies on the enjoyment of human rights in Cuba,
Amnesty International calls on the United States government
· to immediately
suspend decisions on any measures that could toughen the embargo.
· to review its foreign and economic policy towards Cuba,
with an aim towards ending this damaging practice.
· to place enjoyment of the full range of human rights at
the forefront of its concerns in developing new policy towards
Cuba.
Appendices
Appendix
1: copies of 'evidence' distributed at the UN Human Rights
Commission in Geneva
Appendix
2: map of Cuba showing location of prisons where those convicted
in the crackdown are being held
(1) See
Amnesty International, CUBA: Short term detentions and harassment
of dissidents (AI Index: AMR 25/04/00), March 2000.
(2) 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.
(3) Amnesty
International, CUBA: Continued detentions following mass arrests
in February and December 2002 (AI Index: AMR 25/001/2003),
27 February 2003.
(4) United
Nations General Assembly resolution A/RES/57/11 of 16 December
2002.
(5) "Necessity
of ending the economic, commercial and financial embargo imposed
by the United States of America against Cuba," Report
of the Secretary-General, 0249898 - 260802 - 251002, A/57/150,
Fifty-seventh session. Para. 2 of agency report.
(6) Ibid,
para. 1 of agency report.
(7) Ibid,
paras. 3 and 6 of agency report.
(8) Ibid,
para. 7 of agency report.
(9) Ibid,
para. 1 of agency report.
(10) Ibid,
para. 1 of agency report.
(11) Constitution
of 1976, article 1: "Cuba es un Estado socialista de
trabajadores, independiente y soberano, organizado con todos
y para el bien de todos, como república unitaria y democrática…"
("Cuba is a socialist workers' state, independent and
sovereign, organised with all and for the good of all, as
a unified and democratic republic.") Unofficial translation.
(12) Constitution
of 1976, article 62, unofficial translation.
(13) Constitution
of 1976, article 54, unofficial translation.
(14) Constitution
of 1976, article 53, unofficial translation.
(15) Constitution
of 1976, article 12e, unofficial translation.
(16) Excerpt
from the statement by the Minister for Foreign Affairs of
Cuba, Mr. Roberto Robaina, at the inaugural meeting of the
first international workshop on Legal Protection of Citizens'
Rights, Havana, 7-10 November 1995. Annexed to E/CN.4/1996/60,
Report on the situation of human rights in Cuba by the Special
Rapporteur, Mr. Carl-Johan Groth, in accordance with Commission
resolution 1995/66, 7 February 1996.
(17) Report
on the situation of human rights in Cuba submitted by the
Special Rapporteur, Mr. Carl-Johan Groth, in accordance with
Commission resolution 1996/69 and Economic and Social Council
decision 1996/275. E/CN.4/1997/53, 22 January 1997, para.
46.
(18) "President
Carter's Cuba Trip Report," the Carter Center, 21 May
2002.
(19) "FBI
downplays role of the terrorist group 'Comandos F-4,'"
South Florida Sun-Sentinel, 6 April 2003.
(20) Ibid;
also "Anti-Castro group claims shooting of spy in Cuba,"
The Miami Herald, 31 December 2002; and "Militant: Cuba
admits that spy got shot," The Miami Herald, 22 January
2003.
(21) "Carter
questions Cuba terror claims," Associated Press, 14 May
2002.
(22) "Statement
by Carter in Cuba," Associated Press, 13 May 2002.
(23) Ibid.
(24) "Bush
plans to tighten sanctions on Cuba, not ease them," The
New York Times, 14 May 2002; and "Report mum on bio-threat,"
The Miami Herald, 22 May 2002.
(25) "Cuba
tente de produire des armes biologiques," Agence France
Presse, 31 October 2002.
(26) Office
of the Coordinator for Counterterrorism, United States Department
of State, "Patterns of Global Terrorism," 30 April
2003.
(27) Ibid.
(28) Ibid.
(29) Raúl
Rivero, "I am free," Miami Herald, 25 February 1999.
(30) As
mentioned above, Cuba and the United States do not have diplomatic
relations. However, since 1977 the US has had an Interests
Section based at the Swiss Embassy in Havana, while Cuba has
an Interests Section in Washington.
(31) "US
envoy caters to needs of island's dissident community,"
La Nueva Cuba, 8 January 2003.
(32) Conferencia
de prensa del Ministro de Relaciones Exteriores de la República
de Cuba, Felipe Pérez Roque. (Tema: Comisión de Derechos Humanos).
Teatro del Minrex, viernes 14 de marzo del 2003. Unofficial
translation.
(33) "Comparecencia
especial del Comandante en Jefe Fidel Castro Ruz, Primer Secretario
del Comité Central del Partido Comunista de Cuba y Presidente
de los Consejos de Estado y de Ministros, en la Mesa Redonda
sobre los más recientes acontecimientos en nuestro país y
el incremento de las acciones agresivas del gobierno de Estados
Unidos contra nuestro pueblo, el 25 de abril de 2003."
Transcript in Granma, Año 7, Número 116, 26 April 2003.
(34) Nota
Oficial, 18 March 2003, Granma, 19 March 2003, Año 7 / Número
78. Unofficial translation.
(35) Ibid.
Unofficial translation.
(36) Ibid.
Unofficial translation.
(37) "Conferencia
de prensa ofrecida por el canciller Felipe Pérez Roque con
relación a los juicios del 3,4,5 y 7 de abril. Ciudad de La
Habana, 9 de abril de 2003." Transcript in Juventud Rebelde,
10 April 2003. Unofficial translation.
(38) Ibid.
Unofficial translation.
(39) "Comparecencia
especial del Comandante en Jefe Fidel Castro Ruz, Primer Secretario
del Comité Central del Partido Comunista de Cuba y Presidente
de los Consejos de Estado y de Ministros, en la Mesa Redonda
sobre los más recientes acontecimientos en nuestro país y
el incremento de las acciones agresivas del gobierno de Estados
Unidos contra nuestro pueblo, el 25 de abril de 2003."
Transcript in Granma, Año 7, Número 116, 26 April 2003. Unofficial
translation.
(40) Ibid.
Unofficial translation.
(41) Carta
abierta, La Habana, 21 April 2003. Unofficial translation.
(42) Resolutions
on Cuba were passed every year except 1998, when the proposed
resolution was rejected by 19 votes to 16, with 18 abstentions.
(43) United
Nations press release, "Commission on Human Rights adopts
resolution on Lebanese detainees in Israel, rejects draft
on Chechnya," Commission on Human Rights, 59th session,
16 April 2003, morning.
(44) See
United Nations Economic and Social Council E/CN.4/2003/L.2
of 24 March 2003, Question of the Violation of Human Rights
and Fundamental Freedoms in any part of the world: 2003 /
… Situation of human rights in Cuba.
(45) "Conferencia
de prensa ofrecida por el canciller cubano Felipe Pérez Roque,
a la prensa nacional y extranjera, sobre los resultados de
la votación en la Comisión de Derechos Humanos de Ginebra,
en el MINREX, el 18 de abril del 2003." Transcript in
Granma, 22 April 2003, año 7, número 112. Unofficial translation.
(46) Ibid.
Unofficial translation.
(47) "Outrage
as Cuba keeps UN seat," BBC news, 30 April 2003; also
"Cuba returned to UN rights body, prompting US rage,"
Reuters, 29 April 2003.
(48) (EU)
EU/CUBA: Poul Nielson opens Commission delegation in Havana,
Brussels, 12/03/2003 (Agence Europe).
(49) Cuba
was formally admitted to the group of African, Caribbean and
Pacific (ACP) states on 14 December 2000 as the group's 78th
member, after having held observer status since May 1998 (the
ACP Group was formed in 1975, and currently incorporates 48
African countries as well as 16 from the Caribbean and 14
from the Pacific.) It is the only ACP member which has not
signed trade and aid agreements with the EU, although it has
applied for admission to the Cotonou Agreement, a twenty-year
trade accord signed on 21 June 2000 between the European Community
and ACP countries, replacing the Lomé Convention of 1975.
The stated objectives include "to promote and expedite
the economic, cultural and social development of the ACP States,
with a view to contributing to peace and security and to promoting
a stable and democratic political environment" (The Cotonou
Agreement, 21 June 2000, article 1.)
(50) "Conferencia
de prensa ofrecida por el canciller Felipe Pérez Roque con
relación a los juicios del 3,4,5 y 7 de abril. Ciudad de La
Habana, 9 de abril de 2003." Transcript in Juventud Rebelde,
10 April 2003. Unofficial translation.
(51) (EU)
EU/CUBA: Council condemns executions of three leaders who
hijacked ferry and expresses concern over deterioration in
human rights situation in Cuba, Luxembourg, 15/04/2003 (Agence
Europe). Also 8220/03 (Presse 105).
(52) (EU)
CUBA: Cuban ambassador to the EU justifies repression by 'legitimate
defence' and reaffirms Cuba's interest in the Cotonou Agreement,
Brussels, 17/04/2003 (Agence Europe).
(53) (EU)
EU/CUBA: Commission to hold debate on situation in Cuba next
week, Brussels, 23/04/2003 (Agence Europe).
(54) Declaración
del MINREX, Granma, 19 May 2003.
(55) "Special
Rapporteur for Freedom of Expression expresses grave concern
about judicial proceedings against journalists in Cuba,"
Press Release PREN 74/03, 4 April 2003.
(56) "UN
and OAS Special Rapporteurs on Freedom of Expression gravely
concerned about situation in Cuba," Press Release PREN
77/03, 3 May 2003.
(57) Inter-American
Commission on Human Rights, Press release no. 12/03, 16 April
2003.
(58) Inter-American
Commission on Human Rights, Press release no. 10/03, 9 April
2003.
(59) Statement
from the Cuba Policy Foundation, 23 April 2003.
(60) "US
ready in case of major exodus from Cuba," The Miami Herald,
20 April 2003.
(61) "Powell,
denouncing crackdown, calls Cuban 'Aberration'," The
New York Times, 29 April 2003.
(62) "US
ambassador in Dominican Republic says Iraq an example for
Cuba," Agence France Press, 10 April 2003.
(63) "Rising
dissent, US pressure led to Cuba repression," Reuters,
16 April 2003.
(64) "Regimes
who worry that they will be next: rules face conciliation
or confrontation," The Guardian, 11 April 2003.
(65) "Diputado
Cubano: belicismo de EU pone en riesgo a Cuba," Notimex,
9 abril 2003. Unofficial translation.
(66) "Castro:
US 'conspiracy' led to crackdown," Associated Press,
26 April 2003; "Representante Cuba teme EEUU prepare
futuras acciones contra isla," EFE, 23 April 2003.
(67) "Discurso
pronunciado por el Presidente de la República, Fidel Castro
Ruz, el en acto por el Día Internacional de los Trabajadores,
efectuado en la Plaza de la Revolución el 1 de mayo de 2003."
Transcript in Granma, 1 May 2003, año 7/ número 121. Unofficial
translation.
(68) "Pope
asks Castro to show dissidents clemency," Reuters, 26
April 2003.
(69) Press
Release HR/4652, 9 April 2003, "High Commissioner for
Human Rights concerned over sentencing of recent detainees
in Cuba."
(70) "Director
UNESCO denuncia arrestos y juicios disidentes en Cuba,"
EFE, 7 April 2003.
(71) In
addition, well-known authors Eduardo Galeano, José Saramago
and Gabriel García Márquez wrote opinion pieces or issued
personal statements reacting to the crackdown.
(72) Amnesty
International, CUBA: Continued detentions following mass arrests
in February and December 2002 (AI Index: AMR 25/001/2003),
February 2003.
(73) Law
no. 62, Penal Code, National Assembly of Popular Power, 1987.
Unofficial translation.
(74) Ibid.
Unofficial translation.
(75) In
section 116, the text of the law explicitly condemns a February
1996 incident in which two planes belonging to a Cuban exile
group were shot down by the Cuban airforce. Cuban authorities
claim that this was an act of self defence prompted by violation
of its airspace, while supporters of the exile group maintain
that it was an act of aggression committed over international
waters. The text also condemns government repression against
Concilio Cubano (see below).
(76) Law
No. 80, Law of Reaffirmation of Cuban Dignity and Sovereignty,
24 December 1996 (Unofficial translation).
(77) Law
No. 88 For the Protection of National Independence and the
Economy of Cuba, published in the Official Gazette of the
Republic of Cuba, Special Edition, Number 1, dated 15 March
1999. Unofficial translation.
(78) Ibid.
Unofficial translation.
(79) Ibid.
Unofficial translation.
(80) "Conferencia
de prensa ofrecida por el canciller cubano Felipe Pérez Roque,
a la prensa nacional y extranjera, sobre los resultados de
la votación en la Comisión de Derechos Humanos de Ginebra,
en el MINREX, el 18 de abril del 2003." Transcript in
Granma, 22 April 2003, año 7, número 112. Unofficial translation.
(81) "Conferencia
de prensa ofrecida por el canciller Felipe Pérez Roque con
relación a los juicios del 3,4,5 y 7 de abril. Ciudad de La
Habana, 9 de abril de 2003." Transcript in Juventud Rebelde,
10 April 2003. Unofficial translation.
(82) International
Covenant on Civil and Political Rights (adopted and opened
for signature, ratification and accession by General Assembly
resolution 2200A (XXI) of 16 December 1966; entry into force
23 March 1976), article 19.
(83) Human
Rights Committee, CCPR General comment 10, 29 July 1983.
(84) Constitution
of 1976, article 62, unofficial translation.
(85) Arbitrary
deprivation of liberty is expressly prohibited by article
9 of the Universal Declaration of Human Rights and article
25 of the American Declaration of the Rights and Duties of
Man, among other instruments.
(86) Report
of the Working Group on Arbitrary Detention to the United
Nations Commission on Human Rights, E/CN.4/1992/20, Annex
I, 21 January 1992.
(87) Open
letter from the International Federation for Human Rights
to Fidel Castro, President of the Republic of Cuba, 3 April
2003.
(88) "Conferencia
de prensa ofrecida por el canciller Felipe Pérez Roque con
relación a los juicios del 3,4,5 y 7 de abril. Ciudad de La
Habana, 9 de abril de 2003." Transcript in Juventud Rebelde,
10 April 2003. Unofficial translation.
(89) "Agent
gained trust of Cuban dissidents," Associated Press,
22 April 2003.
(90) One
example of mass arrests following dissident contact with foreign
diplomats took place around the 1999 Ibero-American Summit.
The Ibero-American Summit is an annual event begun in 1991
to bring together the heads of state of the Spanish- and Portuguese-speaking
nations of Europe and America to discuss issues of common
concern. The 1999 meeting was held in Havana. Prior to and
following the summit, some 260 dissidents were detained. Most
were released without charge shortly thereafter, but a number
were brought to trial and served prison sentences.
(91) "The
attributes of the National Assembly of Popular Power are …
m) to elect the President, Vice Presidentes and other Judges
of the Supreme Popular Tribunal; n) to elect the Attorney
General and the Vice Attorneys General of the Republic."
Constitution of 1976, article 75. Unofficial translation.
(92) This
right is recognised under article 10 of the Universal Declaration
of Human Rights, article 14.1 of the International Covenant
on Civil and Political Rights and article XXVI of the American
Declaration of the Rights and Duties of Man, among others.
See also Basic Principles on the Independence of the Judiciary
(adopted by the Seventh United Nations Congress on the Prevention
of Crime and the Treatment of Offenders held at Milan from
26 August to 6 September 1985 and endorsed by General Assembly
resolutions 40/32 of 29 November 1985 and 40/146 of 13 December
1985).
(93) See
Basic Principles on the Role of Lawyers, adopted by the Eighth
United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, Cuba, 27 August to 7 September
1990.
(94) 'Agente
Tania,' dissident Odilia Collazo Valdés, was president of
the Partido Pro Derechos Humanos de Cuba, a group that she
reportedly joined in 1990. She was among the dissidents who
were harassed by the Cuban authorities, and at one point was
declared a possible prisoner of conscience by Amnesty International.
After revealing herself as a state agent, she testified that
in her human rights work, she helped dissidents to dissimulate
being the victims of repression so that they could eventually
gain a US visa. (See "Otra vez Odilia," Juventud
rebelde, 12 April 2003.)
(95) Carlos
Alberto Montaner is a prominent anti-Castro exile. He has
strongly denied the accusations made against him by Cuban
authorities during the trials. "Montaner dice no pertenece
a la CIA ni fundó Proyecto Varela," EFE, 10 April 2003.
(96) Law
no. 87, modifying the Penal Code, 1999. Article 30.2.
(97) "Piden
pena de muerte en Cuba a un activista pacífico," El Nuevo
Herald, 7 April 2003.
(98) For
more information see Amnesty International, CUBA: Government
crackdown on dissent (AI Index AMR 25/14/96), April 1996.
(99) Amnesty
International, CUBA: Dissidents imprisoned or forced into
exile (AI Index: AMR 25/29/96), July 1996.
(100)
Amnesty International, "CUBA: Massive crackdown on dissent,"
(AI Index AMR 25/008/2003), April 2003. Please note that in
this document his name was incorrectly given as Nelson Aguilar
Ramírez.
(101)
Case 12/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 31 March 2003.
(102)
Sentence 7/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 4 April 2003 (case 12/2003).
(103)
Sentence 6/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 6 April 2003 (case 11/2003). Unofficial translation.
(104)
Ibid. Unofficial translation.
(105)
Ibid.
(106)
Case 11/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 31 March 2003.
(107)
Amnesty International, "Cuba: Government crackdown on
dissent," (AI Index: AMR 25/14/96), April 1996.
(108)
Amnesty International press release, "Cuba marks Human
rights day with mass detentions and sentences for dissidents,"
(AI Index: AMR 25/026/2000), 14 December 2000.
(109)
Sentence 10/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 5 April 2003 (case 13/2003).
(110)
Ibid.
(111)
Amnesty International, "Cuba: Some releases but repression
and imprisonment continue," (AI Index: AMR 25/05/99),
February 1999.
(112)
Sentence 2/2003, Tribunal Provincial Popular, People's provincial
Court, Ciego de Avila, 4 April 2003 (case 1/2003).
(113)
Amnesty International Urgent Action (AI Index: AMR 25/01/00),
18 January 2000 and Amnesty International, "CUBA: Prisoners
of Conscience: New convictions overshadow releases,"
(AI Index: AMR 25/21/00), October 2000.
(114)
Sentence 1/2003, Tribunal Provincial Popular, People's provincial
Court, Pinar del Rio, 5 April 2003 (case 2/2003).
(115)
Case 12/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 31 March 2003.
(116)
Sentence 7/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 4 April 2003 (case 12/2003).
(117)
Ibid. Unofficial translation.
(118)
Amnesty International, "CUBA: Prisoners of conscience:
new convictions overshadow releases" (AI Index: AMR 25/21/00),
October 2000.
(119)
Amnesty International, "CUBA: Continued detentions following
mass arrests in February and December 2002" (AI Index:
AMR 25/001/2003), February 2003.
(120)
Sentence 16/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 8 April 2003 (case 15/2003).
(121)
Sentence 3/2003, Tribunal Provincial Popular, People's provincial
Court, Villa Clara, 7 Abril 2003 (case 1/2003). Unofficial
translation.
(122)
Ibid.
(123)
Case 11/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 31 March 2003.
(124)
Sentence 6/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 6 April 2003 (case 11/2003).
(125)
Amnesty International, "CUBA: Some releases but repression
and imprisonment continue" (AI Index: AMR 25/05/99),
February 1999.
(126)
Ibid.
(127)
Sentence 8/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 5 April 2003 (case 16/2003).
(128)
Case 16/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 31 March 2003.
(129)
Sentence 8/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 5 April 2003 (case 16/2003). Unofficial translation.
(130)
Sentence 10/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 5 April 2003 (case 13/2003).
(131)
Amnesty International, "CUBA: Eleven remain in detention
following government crackdown on dissent during the Ibero-American
Summit in Havana" (AI Index: AMR 25/02/00), January 2000;
Urgent Action update 161/99 (AI Index: AMR 25/05/00), 23 February
2000.
(132)
Sentence 1/2003, Tribunal Provincial Popular, People's provincial
Court, Pinar del Rio, 5 April 2003 (case 2/2003).
(133)
Ibid. Unofficial translation.
(134)
Sentence 8/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 5 April 2003 (case 16/2003).
(135)
Case 16/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 31 March 2003.
(136)
Urgent Action (AI Index: AMR 26/016/2003), 24 April 2003.
(137)
Sentence 6/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 6 April 2003 (case 11/2003).
(138)
Ibid. Unofficial translation.
(139)
Sentence 8/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 5 April 2003 (case 16/2003).
(140)
Case 16/2003, Tribunal Provincial Popular, Havana, 31 March
2003.
(141)
Case 12/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 31 March 2003.
(142)
Sentence 7/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 4 April 2003 (case 12/2003).
(143)
NOTE: his last name was incorrectly given as Ferrer Castillo
in earlier Amnesty International documents.
(144)
"In Cuba, nothing is what it seems," Sun Sentinel,
14 April 2002.
(145)
Sentence 16/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 8 April 2003 (case 15/2003).
(146)
Sentence 5/2003, Tribunal Provincial Popular, People's provincial
Court, Havana, 5 April 2003 (case 14/2003).
(147)
Ibid.
(148)
Ibid.
(149)
Urgent Actions: AI Index: AMR 25/37/97, 17 October 1997, AI
Index: AMR 25/38/97, 21 October 1997 and AI Index: AMR 25/39/97,
30 October 1997.
(150)
Sentence 4/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 5 April 2003 (case 10/2003).
(151)
Case 10/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 31 March 2003.
(152)
Sentence 4/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 5 April 2003 (case 10/2003). Unofficial translation.
(153)
Amnesty International, CUBA: Eleven remain in detention following
government crackdown on dissent during the Ibero-American
Summit in Havana (AI Index: AMR 25/02/00), January 2000.
(154)
Sentence 3/2003, Tribunal Provincial Popular, People's Provincial
Court, Villa Clara, 7 April 2003 (case 1/2003).
(155)
Sentence 1/2003, Tribunal Provincial Popular, People's Provincial
Court, Camaguey, 4 April 2003 (case 2/2003).
(156)
These brigades were first set up in 1991 to deter crime and
counter-revolutionary activities.
(157)
Sentence 2/2003, Tribunal Provincial Popular, People's Provincial
Court, Matanzas, 4 April 2003 (case 8/2003).
(158)
Sentence 1/2003, Tribunal Provincial Popular, People's Provincial
Court, Camagüey, 4 April 2003 (case 2/2003). Unofficial translation.
(159)
Ibid.
(160)
This group, created in 1997 by prisoners in Combinado de Guantánamo
Prison, was known at that time as Presidio Político 'Pedro
Luis Boitel','Pedro Luis Boitel' Political Prisoners Group.
(161)
Medical Action, Political prisoners in need of medical attention
(AI Index: AMR 25/40/99), 12 October 1999.
(162)
Sentence 2/2003, Tribunal Provincial Popular, People's Provincial
Court, Guantánamo, 3 April 2003 (case 8/2003).
(163)
Case 16/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 31 March 2003.
(164)
Sentence 8/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 5 April 2003 (case 16/2003).
(165)
Amnesty International, CUBA: Government crackdown on dissent
(AI Index AMR 25/14/96), April 1996.
(166)
Amnesty International, CUBA: Short term detention and harassment
of dissidents (AI Index AMR 25/04/00), March 2000.
(167)
Sentence 3/2003, Tribunal Provincial Popular, People's Provincial
Court, Villa Clara, 7 Abril 2003 (case 1/2003).
(168)
Sentence 3/2003, Tribunal Provincial Popular, People's Provincial
Court, Villa Clara, 7 Abril 2003 (case 1/2003). Unofficial
translation.
(169)
In this incident at least 35 people died, according to witness
reports after having been rammed by an official vessel. The
Cuban authorities denied responsibility for the tugboat's
sinking. However, that incident has never been fully and impartially
investigated, in spite of government commitments to do so.
(170)
Marcelo Lopez Bañobre , "Collateral Damage in Cuba,"
Washington Post, 16 April 2003.
(171)
Sentence 6/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 6 April 2003 (case 11/2003).
(172)
Sentence 6/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 6 April 2003 (case 11/2003). Unofficial translation.
(173)
Ibid. Unofficial translation.
(174)
"Conferencia de prensa ofrecida por el canciller cubano
Felipe Pérez Roque, a la prensa nacional y extranjera, sobre
los resultados de la votación en la Comisión de Derechos Humanos
de Ginebra, en el MINREX, el 18 de abril del 2003." Transcript
in Granma, 22 apr 2003, año 7, número 112.
(175)
For example, in his 25 April speech on the recent events in
Cuba, President Castro cited Amnesty International's work
in reference to the April 1999 NATO attacks on Serbian state
media stations.
(176)
Sentence 6/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 6 April 2003 (case 11/2003).
(177)
Sentence 6/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 6 April 2003 (case 11/2003). Unofficial translation.
(178)
Sentence 1/2003, Tribunal Provincial Popular, People's Provincial
Court, Camagüey, 4 April 2003 (case 2/2003). Unofficial translation.
(179)
Sentence 1/2003, Tribunal Provincial Popular, People's Provincial
Court, Camagüey, 4 April 2003 (case 2/2003).
(180)
Case 12/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 31 March 2003.
(181)
Sentence 7/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 4 April 2003 (case 12/2003).
(182)
Amnesty International, "CUBA: Eleven remain in detention
following government crackdown on dissent during the Ibero-American
Summit in Havana" (AI Index: AMR 25/02/00), January 2000
and Amnesty International, "CUBA: Prisoners of Conscience:
New convictions overshadow releases," (AI Index: AMR
25/21/00), October 2000.
(183)
Amnesty International, "CUBA: The situation of human
rights in Cuba" (AI Index: AMR 25/002/2002), May 2002.
(184)
Sentence 16/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 8 April 2003 (case 15/2003).
(185)
Sentence 2/2003, Tribunal Provincial Popular, People's Provincial
Court, Matanzas, 4 April 2003 (case 8/2003). Unofficial translation.
(186)
Ibid.
(187)
Sentence 5/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 5 April 2003 (case 14/2003).
(188)
Sentence 2/2003, Tribunal Provincial Popular, People's Provincial
Court, Ciego de Avila, 4 April 2003 (case 1/2003).
(189)
Urgent Action 296/94 (AI Index: AMR 25/10/94), 11 August 1994.
(190)
Amnesty International, "CUBA: Prisoner of conscience
- Héctor Palacios Ruiz" (AI Index: AMR 25/02/97), January
1997; "CUBA: Prisoner of conscience Héctor Palacios Ruiz
sentenced to 18 months' imprisonment" (AI Index: AMR
25/35/97), October 1997; and "Cuba: Some releases but
repression and imprisonment continue," (AI Index: AMR
25/05/99), February 1999.
(191)
Sentence 6/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 6 April 2003 (case 11/2003).
(192)
Case 11/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 31 March 2003.
(193)
Sentence 6/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 6 April 2003 (case 11/2003). Unofficial translation.
(194)
Sentence 3/2003, Tribunal Provincial Popular, People's Provincial
Court, Villa Clara, 7 Abril 2003 (case 1/2003).
(195)
Ibid. Unofficial translation.
(196)
Sentence 1/2003, Tribunal Provincial Popular, People's Provincial
Court, Pinar del Rio, 5 April 2003 (case 2/2003).
(197)
Sentence 1/2003, Tribunal Provincial Popular, People's Provincial
Court, Camagüey, 4 April 2003 (case 2/2003).
(198)
His name was erroneously given as José Ramón Gabriel Castillo
in Amnesty International's 3 April 2003 document on the wave
of arrests.
(199)
Sentence 7/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 4 April 2003 (case 12/2003).
(200)
Urgent Action 08/96 (AI Index: AMR 25/01/96), 16 and 17 January
1996.
(201)
Update to Urgent Action 08/96 (AI Index: AMR 25/05/96), 20
February 1996; Amnesty International, "CUBA: Government
crackdown on dissent" (AI Index: AMR 25/14/96), April
1996.
(202)
Urgent Action 273/97 (AI Index: AMR 25/27/97), 14 August 1997
and update of 18 August 1997; Amnesty International, "CUBA:
Renewed crackdown on peaceful government critics," (AI
Index: AMR 25/29/97), August 1997.
(203)
Amnesty International Report 2000.
(204)
Case 10/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 31 March 2003.
(205)
Sentence 4/2003, Tribunal Provincial Popular, People's Provincial
Court,, Havana, 5 April 2003 (case 10/2003).
(206)
Ibid. Unofficial translation.
(207)
Amnesty International, "Cuba: Some releases but repression
and imprisonment continue" (AI Index: AMR 25/05/99),
February 1999.
(208)
"Cuban reporter travels a bumpy path to deadline,"
The New York Times, 31 May 2002.
(209)
Sentence 8/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 5 April 2003 (case 16/2003). Unofficial translation.
(210)
Ibid.
(211)
Case 16/2003, Tribunal Provincial Popular, Havana, 31 March
2003.
(212)
See, inter alia, Amnesty International, "CUBA: Prisoners
of Conscience: New Convictions overshadow releases,"
(AI Index: AMR 25/21/00), October 2000; Amnesty International,
"Cuba: One year later and four members of the 'Grupo
de Trabajo' still imprisoned without being informed of any
charges" (AI Index: AMR 25/16/98), July 1998; and Amnesty
International, "CUBA: Imminent trial of four members
of the Grupo de Trabajo" (AI Index: AMR 25/24/98), October
1998.
(213)
Case 12/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 31 March 2003.
(214)
Sentence 7/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 4 April 2003 (case 12/2003). Unofficial translation.
(215)
Case 12/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 31 March 2003.
(216)
Sentence 7/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 4 April 2003 (case 12/2003).
(217)
Sentence 3/2003, Tribunal Provincial Popular, People's Provincial
Court, Villa Clara, 7 Abril 2003 (case 1/2003).
(218)
Sentence 3/2003, Tribunal Provincial Popular, People's Provincial
Court, Santiago de Cuba, 4 April 2003 (case 3/2003).
(219)
Amnesty International, "CUBA: Eleven remain in detention
following government crackdown on dissent during the Ibero-American
Summit in Havana" (AI Index: AMR 25/02/00), January 2000.
(220)
Amnesty International, "CUBA: Prisoners of Conscience:
New convictions overshadow releases" (AI Index: AMR 25/21/00),
October 2000.
(221)
Amnesty International, "CUBA: Continued detentions following
mass arrests in February and December 2002" (AI Index:
AMR 25/001/2003), February 2003.
(222)
Sentence 9/2003, Tribunal Provincial Popular, People's Provincial
Court, Matanzas, 5 April 2003 (case 7/2003).
(223)
Ibid.
(224)
Sentence 1/2003, Tribunal Provincial Popular, People's Provincial
Court, Pinar del Rio, 5 April 2003 (case 2/2003).
(225)
Sentence 2/2003, Tribunal Provincial Popular, People's Provincial
Court, Guantánamo, 3 April 2003 (case 8/2003).
(226)
NOTE: his last name was incorrectly listed as Valdés Guerra
in Amnesty International, "CUBA: Massive crackdown on
dissent" (AI Index: AMR 25/008/2003), April 2003.
(227)
Sentence 16/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 8 April 2003 (case 15/2003).
(228)
Sentence 5/2003, Tribunal Provincial Popular, People's Provincial
Court, Havana, 5 April 2003 (case 14/2003).
(229)
Nota Informativa, Granma, 4 April 2003, año 7 / número 94.
Unofficial translation.
(230)
Law no. 5, Law of Criminal Procedure, 1977. Unofficial translation.
(231)
Nota Oficial, Granma, 11 April 2003, año 7 / Número 101. Unofficial
translation.
(232)
Law 93, Ley Cubana contra actos de terrorismo, 24 December
2001; articles 14.1 and 14.2.
(233)
(EU) CUBA: Cuban ambassador to the EU justifies repression
by 'legitimate defence' and reaffirms Cuba's interest in the
Cotonou Agreement, Brussels, 17/04/2003 (Agence Europe).
(234)
"Conferencia de prensa ofrecida por el canciller cubano
Felipe Pérez Roque, a la prensa nacional y extranjera, sobre
los resultados de la votación en la Comisión de Derechos Humanos
de Ginebra, en el MINREX, el 18 de abril del 2003." Transcript
in Granma, 22 apr 2003, año 7, número 112.
(235)
Safeguards guaranteeing protection of the rights of those
facing the death penalty (adopted by Economic and Social Council
resolution 1984/50 of 25 May 1984), para. 5.
(236)
Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the
death penalty (adopted and proclaimed by General Assembly
resolution 44/128 of 15 December 1989).
(237)
Ibid.
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