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CUBA
One year too many: prisoners of conscience
from the March 2003 crackdown
I. Introduction
In the space of a few days beginning on 18
March 2003, the Cuban authorities arrested
scores of dissidents in targeted sweeps. Some
were subsequently released, but 75 of them
were subjected to hasty and manifestly unfair
trials in early April and quickly sentenced
to long prison terms of up to 28 years.(1)
Most appealed their sentences, but the appeals
were rejected.
The Cuban authorities attempted to justify
the crackdown as a necessary response to United
States aggression towards the island. Dissidents
were convicted either under Article 91 of
the Penal Code or Law 88. Article 91 provides
for sentences of ten to 20 years or death(2)
against anyone "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."(3)
Law 88, the Ley de Protección de la Independencia
Nacional y la Economía de Cuba, Law for
the Protection of National Independence and
Economy of Cuba, provides stiff prison terms
for those deemed guilty of supporting United
States policy against Cuba.(4) The law includes,
for example, penalties for passing information
to the US government or its agents that could
be used to bolster US Cuba policy; for owning,
distributing or reproducing 'subversive materials'
that could be used to promote US policy; for
collaborating with media deemed to be assisting
US policy; and distribution of funds or materials
for the above activities. (5)
In the trials, dissidents were accused of
engaging in activities which the authorities
perceived as subversive and damaging to Cuba's
internal order and/or beneficial to the embargo
and related US measures against Cuba. Concretely,
the prosecution accused them of activities
such as publishing articles critical of economic,
social or human rights issues in Cuba; being
involved in unofficial groups considered by
the authorities as counter-revolutionary;
or having contacts with individuals viewed
as hostile to Cuba's interests. After a detailed
review of the available legal documents in
the 75 cases, Amnesty International considered
the 75 dissidents to be prisoners of conscience(6)
and called for their immediate and unconditional
release.
Amnesty International has also closely followed
the situation of the 75 prisoners, who are
incarcerated in prisons throughout Cuba.
II. Overview of the situation of the 75
prisoners of conscience arrested in March
2003
With regard to their location of detention,
Amnesty International has denounced the practice
of deliberately incarcerating the 75 individuals
in prisons located at extreme distances from
their homes and families. This makes access
to families and legal assistance particularly
difficult, and can be construed as an additional
penalty imposed upon the prisoners and their
families. This practice contravenes the United
Nations Body of Principles for the Protection
of all Persons under any Form of Detention
or Imprisonment, Principle 20, which provides
that:
"If a detained or imprisoned person
so requests, he shall if possible be kept
in a place of detention or imprisonment
reasonably near his usual place of residence".(7)
For example, Normando Hernández González,
who lives in Vertientes in the province
of Camagüey, is serving his sentence in Pinar
del Río province, nearly 700 kilometers away,
while Eduardo Díaz Fleitas from Pinar
del Río is being held in Kilo 8 prison in
Camagüey.
In addition, the exchange of correspondence
and telephone communications between many
prisoners and their families has reportedly
been restricted, and family visits limited,
according to families as a form of harassment
by prison officials. Restrictions on contact
with family members, if intended as harassment
or a form of additional punishment, would
contradict the principles of the UN Standard
Minimum Rules for the Treatment of Prisoners
as laid out in paragraph
37:
"Prisoners shall be allowed under necessary
supervision to communicate with their family
and reputable friends at regular intervals,
both by correspondence and by receiving
visits".(8)
In addition, in cases such as that of nine
prisoners of conscience held in Kilo 8 prison
in Camagüey province, prison authorities have
reportedly made efforts to deter prisoners
from carrying out activities such as studying
the Bible, for example by threatening to suspend
family visits. This would also contradict
the principles of the UN Standard Minimum
Rules for the Treatment of Prisoners, paragraphs
41.3 and 42:
"Access to a qualified representative
of any religion shall not be refused to
any prisoner. On the other hand, if any
prisoner should object to a visit of any
religious representative, his attitude shall
be fully respected ...So far as practicable,
every prisoner shall be allowed to satisfy
the needs of his religious life by attending
the services provided in the institution
and having in his possession the books of
religious observance and instruction of
his denomination".(9)
With regard to treatment in detention of
the 75 individuals detained in March 2003,
Amnesty International has received scattered
allegations of ill-treatment by prison guards
or by other prisoners, reportedly with the
complicity of prison guards. Such instances
would contravene article 4 of the Universal
Declaration of Human Rights, which states
that:
"No one shall be subjected to torture
or to cruel, inhuman or degrading treatment
or punishment".(10)
In one such case, reports indicate that prisoner
of conscience Víctor Rolando Arroyo Carmona
was taken from his cell by three prison
guards on 31 December 2003 and dragged to
the floor while reportedly being struck in
the face and body. Guards also allegedly trapped
his leg in a door to immobilise him during
the beating.
Some prisoners have reportedly been held in
solitary confinement for extended periods.
Amnesty International believes that if solitary
confinement is used, strict limits should
be imposed on the practice, including regular
and adequate medical supervision by a doctor
of the prisoner's choice and the right to
appeal prison authorities' decisions. Amnesty
International believes that solitary confinement
can have serious physical and psychological
effects and in certain circumstances can constitute
cruel, inhuman or degrading treatment or punishment.
For example, the Sigler Amaya brothers,
Ariel and Guido, have reportedly been held
in solitary confinement with inadequate light
and water, in breach of international standards.
The Standard Minimum Rules for the Treatment
of Prisoners, paragraph 33 that states that
"chains or irons shall not be
used as restraints". Amnesty International
has received information indicating that at
least one of the prisoners, Próspero Gainza
Agüero, was chained during his transfer
to the prison infirmary, in contravention
of these rules.
With regard to health issues, Amnesty
International is concerned at numerous reports
of illnesses among the prisoners which have
reportedly been aggravated by prison conditions,
insufficient access to appropriate medical
care and, at times, hunger strikes. The UN
Body of Principles for the Protection of all
Persons Under Any Form of Detention or Imprisonment
states that:
"A proper medical examination shall
be offered to a detained or imprisoned person
as promptly as possible after his admission
to the place of detention or imprisonment,
and thereafter medical care and treatment
shall be provided whenever necessary".(11)
According to reports, at the time of his arrest
Oscar Espinosa Chepe had already been
diagnosed with chronic cirrhosis of the liver
and liver failure and bleeding from the digestive
tract, among other illnesses. Since his arrest,
his health has reportedly deteriorated. According
to family members, the deterioration has been
due in part to the poor conditions in which
he is being held, including lack of running
water and lack of clean drinking water, as
well as by inadequate medical attention. While
in detention he has reportedly been hospitalised
several times due to liver problems. In July
2003, his family presented a judicial request
for his release on the grounds of ill health;
they have reportedly received no response
from the authorities.
In addition, in some cases, family members
of prisoners have reportedly been harassed
by the authorities, due to their own dissident
activities or their efforts on behalf of imprisoned
family members. Such harassment has reportedly
taken the form of threats, summons, interrogations
and curtailment of access to prisoners.
Orlando Fundora Alvarez's wife, for
example, was reportedly threatened with arrest
and with reprisals against her husband in
prison, if she attended a reception given
by the Polish Embassy in Havana in November
2003.
The appendix of this report provides detailed
information on the situation of the 75 prisoners,
one year after their initial arrest. (Information
on their past activities and past abuses against
them can be found in the earlier Amnesty International
report, Cuba: "Essential measures"?
Human rights crackdown in the name of security
(AI Index: AMR 25/014/2003), June 2003).
III. Recommendations to the Cuban government
1. Prison conditions and treatment of
prisoners
Amnesty International calls on the Cuban
government:
· to order the immediate and unconditional
release of all prisoners of conscience,
including those arrested in the March 2003
crackdown as well as all other such prisoners
recognised by the organisation;
· to immediately and unconditionally release
all those detained or imprisoned solely
for having peacefully exercised their rights
to freedom of expression, association and
assembly;
· to provide prisoners with adequate medical
care and treatment whenever necessary, as
defined in the UN Body of Principles for
the Protection of all Persons Under Any
Form of Detention or Imprisonment (Principles
24 and 26). Amnesty International is aware
that the embargo imposed on Cuba by the
USA has had a negative impact on, among
other things, the availability of medicines
and other medical supplies; however, the
organisation calls on the Cuban authorities
to meet international standards in this
regard to the utmost of their capacity;
· to transfer all prisoners of conscience
to prisons closer to their families' homes,
especially those suffering from illness,
as stipulated in the United Nations Body
of Principles for the Protection of all
Persons under any Form of Detention or Imprisonment
(Principle 20);
· to ensure that an independent and impartial
inquiry is held into allegations of ill-treatment
by prison guards or by other prisoners with
the complicity of prison guards; and, that
the officials responsible be immediately
suspended from duty and brought to justice;
· to ensure that treatment of those in custody
is in accordance with the UN Standard Minimum
Rules for the Treatment of Prisoners, including
with regard to permission to have regular
correspondence; contact with religious representatives
and facilities for worship; a nutritionally
adequate diet and acceptable standards of
hygiene; and regular open air recreation;
· to ensure that detainees are able to exercise
their right to present complaints about
matters relating to their legal situation
or treatment while in detention without
fear of reprisal;
· if solitary confinement is used,
strict limits should be imposed on its practice,
including: the circumstances under which
a detained person may be placed in solitary
confinement must be set forth in writing
in publicly accessible laws or regulations;
specific reason for the confinement must
be provided in writing when an the order
of solitary confinement is issued, along
with an explanation to the detainee about
the right of appeal and review; the detainee
must have the right of appeal against an
order of solitary confinement, and the right
to have independent legal advice in the
preparation and presentation of this appeal;
there must be frequent reviews of the necessity
of the imposition of solitary confinement
on the particular detainee; regular and
adequate medical supervision must be provided,
and the detainee must have the right to
be examined by a doctor of his or her own
choice.
2. The detention of prisoners of conscience
Amnesty International calls on the Cuban government:
· 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;
3. International human rights instruments
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.
IV. Appendix: 75 prisoners of conscience
- updates
1. Nelson Alberto Aguiar Ramírez, 58
Sentence: 13 years
Home town: Havana city
Prison: Guantánamo provincial prison, since
September 2003.
Background: 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.
Nelson Alberto Aguiar Ramírez reportedly suffers
from arteriosclerosis (narrowing of the arteries).
This condition leads to reduced blood circulation,
high blood pressure and the likelihood of
heart failure. His symptoms include swelling
of the legs. He is also reported to have an
enlarged prostate, which has led to retention
of urine and urinary infection. He is also
apparently suffering from sores on the skin.
On 31 August 2003 he, along with five other
prisoners of conscience in Boniato prison,
reportedly started a hunger strike to call
attention to conditions of detention which
included poor hygiene, insufficient food and
limited medical assistance. In a move that
may have been aimed to break their hunger
strike, they were all transferred to different
prisons. Nelson Alberto Aguiar was taken to
Guantánamo Provincial Prison. Since his arrival
he has been, according to reports, in a punishment
cell. In these cells, according to reports,
conditions habitually fall far below international
standards.
2. Osvaldo Alfonso Valdés, 38(12)
Sentence: 18 years
Home town: Havana city
Prison: Guanajay prison in Havana province.
Background: 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(13) initiative.
Reports received in October indicated that
Osvaldo Alfonso may have been suffering increased
mental distress. As a result, he was taken
to the Guanajay Hospital for four days.
His wife was reportedly detained and questioned
in October 2003 by state security agents and
apparently warned to stop her dissident activities
and her criticisms of her husband's treatment.
3. Pedro Pablo Alvarez Ramos, 55
Sentence: 25 years.
Home town: Havana city
Prison: Ciego de Avila provincial prison (called
"Canaleta").
Background: President of the unofficial Consejo
Unitario de Trabajadores Cubanos (CUTC),
United Cuban Workers Council. He served as
a vice delegate in the 1995-96 Concilio
Cubano initiative, and became involved
with the Proyecto Varela in 2002.
There is no additional information available
on his current situation.
4. Pedro Argüelles Morán, 56
Sentence: 20 years
Home town: Ciego de Avila city
Prison: Combinado del Este prison in Havana.
Background: 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.
On 16 October 2003, Pedro Argüelles reportedly
started a hunger strike in Combinado del
Este prison in Havana, demanding to be separated
from prisoners convicted of criminal, non-political
offences. He reportedly claimed that they
threatened and abused him under the orders
of prison officials. His demands were met
early in November 2003, and according to
the information received he started eating
again as a result.
5. Víctor Rolando Arroyo Carmona,
52
Sentence: 26 years
Home town: Pinar del Río
Prison: Guantánamo provincial prison.
Background: 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.
According to reports, he is suffering from
a number of medical conditions including
high blood pressure, headaches, weight loss
and diarrhoea. His family have charged that
Víctor Arroyo is not receiving adequate
medical treatment. Family members also reported
being subjected to humiliating treatment
from prison guards when attempting
to visit him in prison in August 2003.
There have also been worrying reports of
ill-treatment. According to information
received, Víctor Arroyo was taken from his
cell by three prison guards on 31 December
2003 and dragged to the floor while reportedly
being beaten in the face and body. Guards
also allegedly trapped his leg in a door
to immobilise him during the beating. The
beating reportedly occurred after he complained
about being transferred to a building inside
the prison where prisoners accused of criminal
offences are allegedly confined in harsh
conditions.
6. Mijail Barzaga Lugo, 36
Sentence: 15 years
Home town: Havana city
Prison: Villa Clara provincial prison in
Santa Clara city
Background: According to the trial verdict,
Mijail Barzaga had worked as an 'independent
journalist'.
There is no additional information available
on his current situation.
7. Oscar Elías Biscet González, 43
Sentence: 25 years
Home town: Havana city
Prison: Kilo 8 prison, in Pinar del Río
province.
Background: Doctor by profession. Also president
of the unofficial Fundación Lawton de
Derechos Humanos, Lawton Human Rights
Foundation. He has been recognised by Amnesty
International as a prisoner of conscience
in the past.
Oscar Biscet was already in pre-trial detention
when the March 2003 crackdown took place,
having been arrested on 6 December 2002
while attempting to take part in a meeting
in Havana, reportedly to discuss human rights
concerns. However, he was tried together
with a number of dissidents who were arrested
in the March crackdown, and convicted of
similar offences.
On his transfer to Kilo 8 prison in Pinar
del Río province in November 2003 he was,
according to reports, taken to a punishment
cell with no windows or light after refusing
to stand up in the presence of prison guards.
His family was told that his punishment
included a prohibition on family visits,
receiving food supplies, toiletries or clothing
from outside
the prison, receiving or sending any correspondence
and going outdoors. Oscar Biscet had apparently
already spent some time in solitary confinement
in October.
According to the information received, Oscar
Biscet suffers from high blood pressure
and infected gums.
8. Margarito Broche Espinosa, 45
Sentence: 25 years
Home town: Caibarién, Villa Clara province.
Prison: Guanajay prison in Havana province.
Background: Member of local unofficial Comité
Ciudadano, Citizens Committee, for Proyecto
Varela initiative. Also 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.
According to reports, Margarito Broche suffers
from bronchietasis, a condition in which
lung tissue is destroyed and becomes a source
of infection. One symptom is reportedly
a constant cough. He is also said to have
an ulcer of the small intestine and a condition
of chronic low blood sugar. It has been
reported that he is not receiving adequate
medical treatment for these illnesses.
In addition, his family has repeatedly complained
that Margarito Broche Espinosa has not been
able to receive or send correspondence regularly.
According to information received, on 3
January 2004 Margarito Broche started a
hunger strike which he planned to continue
75 days to pay symbolic tribute to the 75
prisoners of conscience.
9. Marcelo Cano Rodríguez, 39
Sentence: 18 years
Home town: Havana city
Prison: Ariza Prison, Cienfuegos province,
having been transferred from Ciego de Avila
provincial prison (called "Canaleta")
Background: He is a doctor by profession
and the National Coordinator of the unofficial
Colegio Médico Independiente de Cuba,
Cuban Independent Medical Association, a
national organization of Cuban medical professionals.
As a human rights activist he is also a
member of the unofficial Comisión Cubana
de Derechos Humanos y Reconciliación Nacional,
Cuban Commission for Human Rights and National
Reconciliation.
There is no additional information available
on his current situation.
10. Juan Roberto de Miranda Hernández,
57
Sentence: 20 years
Home town: Havana city
Prison: Combinado del Este prison
in Havana city
Background: He is a teacher by training.
He founded and is the president of the Colegio
de Pedagogos Independientes de Cuba,
College of Independent Teachers of Cuba,
which has not received any official recognition
by the Cuban authorities.
Reportedly, Juan Roberto de Miranda Hernández
is in a fragile state of health. He was
reportedly briefly sent to a military hospital
to be treated for a heart condition in April
2003. The visit occurred during a move,
apparently for medical reasons, from the
Agüica prison in Matanzas province to his
current prison in Havana city.
According to the information received, Roberto
de Miranda subsequently underwent surgery
on the valves of his heart, followed by
urgent surgery for an obstruction of the
coronary artery.
His symptoms are said to include high blood
pressure and severe headaches. In October
2003, according to the information received,
he was given a series of medical examinations
at the Hermanos Almejeiras Hospital
in Havana city. After a visit to him in
November 2003, his family complained that
he was not receiving medical treatment for
a large cyst on his back.
Roberto de Miranda's family has also allegedly
suffered numerous incidents of harassment
at the hands of the authorities, including
arbitrary threats of arrest. In addition,
another family member who resides in Spain
has reportedly been denied an entry visa
to Cuba, despite the fact that the reason
for the proposed visit is the precarious
health of Roberto de Miranda.
11. Carmelo Agustín Díaz Fernández, 65
Sentence: 16 years.
Home town: Havana city
Prison: Combinado del Este prison
in Havana province.
Background: 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 appeared on a number
of websites.
According to reports, Carmelo Díaz suffers
from cardiovascular ailments, high blood
pressure and depression. He was apparently
transferred from Guanajay prison in Havana
province to the hospital in Combinado
del Este prison, where he may reportedly
undergo a heart operation.
12. Eduardo Díaz Fleitas, 51
Sentence: 21 years
Home Town: Pinar del Río
Prison: Kilo 8 prison in Camagüey
Background: He is a farmer by profession
and belongs to a number of groups in his
province of Pinar del Río, including the
unofficial Movimiento 5 de Agosto,
5 August Movement.
According to reports Eduardo Díaz suffers
from cardiovascular problems and high blood
pressure. In October 2003, he apparently
decided to discontinue medical treatment
offered by the authorities on the grounds
that it was inadequate. According to reports,
family members have tried to provide him
with medicine required for his treatment,
which is unavailable within the prison medical
service, but were not allowed to do so.
In September 2003, Eduardo Díaz and other
prisoners of conscience imprisoned in Kilo
8 were reportedly threatened with having
conjugal and other family visits suspended
if they persisted in activities such as
studying the Bible in their cells.
13. Antonio Ramón Díaz Sánchez, 40
Sentence: 20 years
Home town: Havana city
Prison: Holguín provincial prison.
Background: He is an electrician by profession.
He is a member of the unofficial Movimiento
Cristiano Liberación, Christian Liberation
Movement, and has been active in the Proyecto
Varela initiative.
On 18 October 2003, Antonio Díaz joined
a hunger strike of six other prisoners to
protest against the detention in a punishment
cell on 17 October of fellow prisoner Iván
Hernández Carrillo after the latter reportedly
shouted criticisms of the government and
accused prison authorities of denying him
medical assistance. Conditions in such cells
habitually fall far below international
standards, according to reports.
On 6 November, five women relatives of the
hunger strikers travelled to Holguín prison
to enquire for the health of their relatives.
They were reportedly not allowed to speak
personally with any of them, but were told
by prison officials that the hunger strike
had ended that day. Prison officials reportedly
promised that their relatives would be allowed
to telephone home on 10 November; however,
no calls were received.
Following Antonio Díaz ' participation in
the hunger strike, he was transferred to
another unit within Holguín prison.
14. Alfredo Rodolfo Domínguez Batista,
age not known
Sentence: 14 years
Home town: Las Tunas
Prison: Holguín provincial prison
Background: He is a member of the Movimiento
Cristiano Liberación, Christian Liberation
Movement, and has been involved in the Proyecto
Varela initiative.
Alfredo Domínguez began serving his sentence
in "El Típico" provincial prison
in Las Tunas, with four other men arrested
in the crackdown of March 2003. However,
they were all transferred, reportedly after
they had staged a protest in the prison.
He is now being held in Holguín provincial
prison.
According to reports, he and others in Holguín
prison joined prisoner of conscience Mario
Enrique Mayo on a hunger strike from 15
to 25 August 2003. Mario Enrique Mayo had
begun the strike to demand better medical
attention and food. The protest apparently
ended when the authorities agreed to meet
prisoner demands.
From 18 October to 6 November 2003 Alfredo
Domínguez apparently joined another hunger
strike, in conjunction with other prisoners,
to protest against the detention in a punishment
cell on 17 October of fellow prisoner Iván
Hernández Carrillo after the latter reportedly
shouted criticisms of the government and
accused prison authorities of denying him
medical assistance. Conditions in such cells
habitually fall far below international
standards, according to the information
received.
On 6 November, five women relatives of the
hunger strikers travelled to Holguín prison
to enquire for the health of their relatives.
They were reportedly not allowed to speak
personally with any of them, but were told
by prison officials that the hunger strike
had ended that day. Prison officials reportedly
promised that their relatives would be allowed
to telephone home on 10 November; however
no calls were received.
15. Oscar Manuel Espinosa Chepe,
63
Sentence: 20 years
Home town: Havana city
Prison: Carlos J. Finlay military prison
in Havana.
Background: He 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.
Oscar Espinosa reportedly suffers from
several medical conditions. According to
reports, at the time of his arrest he had
already been diagnosed with chronic cirrhosis
of the liver and liver failure and bleeding
from the digestive tract. Non-malignant
growths have been removed from the colon
and it needs checking for possible recurrence.
He has problems with his spine and receives
treatment for ocular disease.
Since his arrest, although a medical doctor
reportedly has access to him and has been
able to alert prison authorities to medical
problems, his health has deteriorated. The
deterioration has been exacerbated by the
poor conditions in which he is being held,
including lack of running water, lack of
clean drinking water and inadequate medical
attention.
On 20 April 2003, while awaiting transfer
to another prison, Oscar Espinosa was sent
from the temporary detention facility at
the State Security headquarters in Havana
to the Marianao Military Hospital; however,
he reportedly was not given a medical examination,
on the grounds that he was soon to be assigned
to a more permanent prison.
On 24 April, he was transferred to Guantánamo
Provincial Prison and, from there on 16
May, to Guantánamo Provincial Hospital.
Concerns for his health continued and, on
31 May, he was admitted to the provincial
Ambrosio Grillo Hospital in the city of
Santiago de Cuba. According to reports,
his family was concerned at the poor conditions
in that hospital, and requested that he
be sent to a better-equipped hospital in
Havana.
On 4 July, he was sent to Boniato Provincial
Prison in Santiago de Cuba province and
on 12 July, apparently due to liver problems,
he was sent again to Ambrosio Grillo
Hospital. Family members continued to protest
at the absence of the specialised medical
attention they believed he required. On
7 August, he was flown to Carlos J. Finlay
Military Hospital in Havana.
In July 2003, his family presented a judicial
request for the release of Oscar Espinosa
on the grounds of ill health; they have
reportedly received no response from the
authorities. They apparently remain concerned
at the lack of information from prison system
doctors about his medical condition and
treatment. They reportedly continue to request
his release on health grounds and have added
a petition that he be allowed to leave Cuba
once released, in order to have a liver
transplant abroad.
According to the information received, Oscar
Espinosa is not allowed to use the telephone
or to receive or write letters.
His family has reported some harassment
by prison officials: in one instance, they
were allegedly told that the visit scheduled
for 29 November 2003, which coincided with
Oscar Espinosa's 63rd birthday, depended
on "how Miriam behaves," a possible
reference to his wife's statements to international
media about his condition.
16. Alfredo Felipe Fuentes, age not
known
Sentence: 26 years
Home town: Artemisa in Havana province
Prison: Guamajal prison in the municipality
of Santa Clara.
Background: Member of the Consejo Unitario
de Trabajadores Cubanos (CUTC), United
Cuban Workers Council, and other organisations.
There is no additional information available
on his current situation.
17. Efrén Fernández Fernández, 54
Sentence: 12 years
Home town: Havana city
Prison: Guanajay prison in Havana province.
Background: He is secretary of the Movimiento
Cristiano Liberación, Christian Liberation
Movement, and was active in the Proyecto
Varela signature drive in Havana.
There is no additional information available
on his current situation.
18. Juan Adolfo Fernández Sainz,
55
Sentence: 14 years
Home town: Havana city
Prison: Holguín provincial prison.
Background: He is a trained English language
translator and worked as a journalist with
the unofficial agency Patria, Fatherland.
Juan Adolfo Fernández has reportedly joined
two hunger strikes in Holguín provincial
prison. According to reports, he and others
in Holguín prison joined prisoner of conscience
Mario Enrique Mayo on a hunger strike from
15 to 25 August 2003. Mario Enrique Mayo
had begun the strike to demand better medical
attention and food. The protest apparently
ended when the authorities agreed to meet
the demands.
Subsequently, Juan Adolfo Fernández and
6 other prisoners of conscience carried
out a hunger strike from 18 October to 6
November, to protest against the detention
in a punishment cell on 17 October of fellow
prisoner Iván Hernández Carrillo after the
latter reportedly shouted criticisms of
the government and accused prison authorities
of denying him medical assistance. Reportedly
conditions in punishment cells habitually
fall far below international standards.
On 6 November, five women relatives of the
hunger strikers, including Juan Adolfo Fernández'
wife, travelled to Holguín prison to enquire
for the health of their relatives. They
were reportedly not allowed to speak personally
with any of them, but were told by prison
officials that the hunger strike had ended
that day. Prison officials reportedly promised
that their relatives would be allowed to
telephone home on 10 November; however no
calls were received.
According to reports, on 6 December 2003
Juan Adolfo Fernández was beaten by another
prisoner, to whom prison officials had given
a supervisory role over other inmates. The
incident, which has apparently not been
investigated by the authorities, reportedly
occurred after Juan Adolfo Fernández protested
about the detention conditions of another
prisoner. Information received indicated
he suffered a bruised and bloody left temple
and a bruised right eyelid during the incident,
and was consequently transferred to the
infirmary. Ongoing health concerns reportedly
include severe weight loss and chronic conjunctivitis.
19. José Daniel Ferrer García, 33
Sentence: 25 years
Home town: Santiago de Cuba
Prison: Kilo 5 1/2 prison in Pinar del Río
Background: Brother of Luis Enrique Ferrer
García, he is an active Proyecto Varela
supporter and regional co-ordinator for
the Movimiento Cristiano Liberación,
Christian Liberation Movement, in Santiago
Province.
According to reports, he started a hunger
strike in May, claiming that he had been
refused medical assistance for intestinal
problems. He also allegedly complained about
orders forcing him to stand up in presence
of a prison guard or military person; according
to reports, for these reasons he was sent
to a punishment cell; reported conditions
in punishment cells habitually fall far
below international standards.
20. Luis Enrique Ferrer García, 27
Sentence: 28 years
Home town: Puerto Padre in Las Tunas province
Prison: Combinado del Este prison in Guanabacoa
municipality in Havana province
Background: Brother of José Daniel Ferrer
García, he also is a member of Movimiento
Cristiano Liberación, Christian Liberation
Movement.
According to reports, in September 2003
he and fellow prisoner of conscience Librado
Ricardo Linares García were transferred
to a punishment cell in Combinado del Este
prison for having refused to military salute
a high prison official. As mentioned above,
reported conditions in punishment cells
habitually fall far below international
standards. The two men, along with prisoners
of conscience Guido Sigler Amaya and Alfredo
Pulido López, apparently carried out a hunger
strike for five days until both Librado
Ricardo Linares García and Luis Enrique
Ferrer were returned to their original cells.
In September 2003, Luis Enrique Ferrer's
wife reported being threatened by police
officers that she would be arrested, and
her children taken away, because she had
taken part in activities such as collecting
signatures for the Proyecto Varela
initiative.
21. Orlando Fundora Alvarez, 48
Sentence: 18 years
Home town: Havana city
Prison: Combinado del Este prison in Guanabacoa
municipality in Havana province.
Backgrond: President of the unofficial Asociación
de Presos Políticos 'Pedro Luis Boitel,'
or 'Pedro Luis Boitel' Political Prisoners
Association.
Reports indicate that Orlando Fundora suffered
a heart attack in the past and remains at
high cardiovascular risk, with additional
complaints such as a stomach ulcer and high
blood pressure. He has reportedly been operated
on twice, in August and December 2003, for
another ailment (intestinal thrombosis)
blockage of blood vessels of the intestine
and is currently said to be recovering in
Julio Trigo Hospital in Havana province.
Orlando Fundora's family has reportedly
been harassed by state security officials;
on one occasion, his wife was reportedly
threatened with arrest and with reprisals
against her husband in prison, if she attended
a reception given by the Polish Embassy
in Havana in November 2003.
22. Próspero Gaínza Agüero, age
not known
Sentence: 25 years
Home town: Moa in Holguín province
Prison: Boniato Provincial Prison in Santiago
de Cuba province
Background: Delegate for Holguín province
of the unofficial Movimiento Nacional
de Resistencia Cívica 'Pedro Luis Boitel,'
'Pedro Luis Boitel' National Civil Resistance
Movement.
According to reports, while Próspero Gaínza
was suffering from a very high fever resulting
from a serious bout of influenza in July
2003, his hands and feet were chained during
his transfer to the prison infirmary.
On 31 August 2003, he reportedly started,
along with five other prisoners of conscience
in Boniato prison, a hunger strike to call
attention to their conditions of detention,
including poor hygiene, insufficient food
and limited medical assistance. In a move
that may have been aimed to break their
hunger strike, prison authorities transferred
some of them to different prisons.
Próspero Gaínza's family have denounced
his conditions of detention. For example,
they have charged that, as an additional
form of punishment, he has not been allowed
to receive or to send correspondence as
freely or frequently as other prisoners
do, or to have a Bible in his cell.
23. Miguel Galván Gutiérrez, 39
Sentence: 26 years.
Home town: Guines, Havana province
Prison: Agüica prison in the municipality
of Colón in Matanzas province
Background: He 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
Miguel Galván is physically handicapped
due to the effects of a road accident in
1998. His family has reportedly expressed
concerns for his health, which according
to prison officials has deteriorated during
his imprisonment due to his participation
in several hunger strikes. He reportedly
suffers from diarrohea, abdominal pain,
pain in his joints and inflammation of the
feet, in addition to difficulties with his
handicapped arm.
According to information received, prison
officials repeatedly threatened Miguel Galván
with being tried on additional charges related
to his having produced, together with other
prisoners, a document for the Ibero-American
Summit(14) in Bolivia in November 2003 demanding
freedom for political prisoners.
His family has complained that Miguel Galván
has not been permitted to receive or to
send correspondence as free or frequently
as other prisoners, as a form of harassment.
24. Julio César Gálvez Rodríguez,
59
Sentence: 15 years
Home town: Havana city
Prison: Provincial prison in Santa Clara
Background: He is 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.
Julio César Gálvez is reportedly suffering
from high blood pressure, renal and intestinal
colic and cervical arthritis. On 6 December,
he was reportedly transferred to the prison
infirmary for treatment of these complaints.
25. Edel José García Díaz, 58
Sentence: 15 years
Home town: Havana city
Prison: Boniato Provincial Prison in Santiago
de Cuba province.
Background: He worked as director of an
unofficial press agency in Havana, and reportedly
took part in a workshop on journalistic
ethics held just before the March 2003 crackdown.
According to reports, he is blind in the
left eye and the right eye is increasingly
affected as well. In addition, he is said
to suffer from stomach ulcer, bleeding haemorrhoids,
high blood pressure, kidney cyst and claustrophobia.
26. José Luis García Paneque, 38
Sentence: 24 years
Home town: Las Tunas
Prison: Villa Clara Provincial Prison
Background: 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.
José Luis García reportedly suffers from
claustrophobia. Reports received in October
2003 indicated that he may have been suffering
increased mental distress at his confinement.
27. Ricardo Severino González Alfonso,
53
Sentence: 20 years.
Home town: Havana city
Prison: Kilo 8 Provincial Prison in the
province of Camagüey
Background: President of the unofficial
Sociedad de Periodistas "Manuel
Marquez Sterling", Manuel Márquez
Sterling Journalists' Society, and correspondent
in Cuba of the international non-governmental
organization Reporters Without Borders.
He also has a private library in his home.
In September 2003, he and other prisoners
of conscience imprisoned in Kilo 8 were
reportedly threatened with having conjugal
and other family visits suspended if they
persisted in studying the Bible in their
cells. Such behaviour would contravene international
standards.
On 8 December 2003, Ricardo González apparently
started a hunger strike demanding to be
separated from ordinary criminal prisoners
who had allegedly threatened and stolen
his personal belongings. On 14 December,
he was transferred to a punishment cell,
where according to reports conditions habitually
fall far below international standards;
however, according to reports, his demands
were met on 24 December and he started eating
again.
Ricardo González's family are said to be
very concerned about his health. Reports
indicate that suffers from a cyst in the
neck as well as enlarged lymph nodes.
28. Diosdado González Marrero, age
not known
Sentence: 20 years
Home town: El Roque in Matanzas province
Prison: Kilo 5½ Prison in the province of
Pinar del Río.
Background: He has been an activist for
several years and has been detained on several
occasions. He was been recognised by Amnesty
International as a prisoner of conscience
in the past.
According to reports, he suffers from high
blood pressure and apparently has not received
adequate medical attention for his complaint.
29. Léster González Pentón, 26
Sentence: 20 years
Home Town: Santa Clara city
Prison: According to information received,
on 10 November 2003 he was transferred from
Kilo 8 to Kilo 7 Prison, both in Camagüey
province.
Background: He 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 organization has been
officially recognized by the authorities.
In September, he and other prisoners of
conscience imprisoned in Kilo 8 prison were
reportedly threatened with suspension of
conjugal and other family visits if they
persisted in studying the Bible in their
cells.
According to reports, Léster González has
complained to prison authorities of harassment
and threats from other prisoners with whom
he has been imprisoned. However, there has
reportedly been no official response.
According to his family communication via
mail or telephone with the prisoner is restricted.
30. Alejandro González Raga, 45
Sentence: 14 years
Home town: Camagüey
Prison: Ciego de Avila Provincial Prison
(called "Canaleta")
Background: He is a journalist and helped
to collect signatures for the Proyecto
Varela, Varela Project.
There is no additional information available
about his current situation.
31. Jorge Luis González Tanquero,
32
Sentence: 20 years
Home town: in Las Tunas province
Prison: Guanajay Prison in Havana province
Background: He is reportedly a member of
an unofficial 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.
There is no additional information available
about his current situation.
32. Leonel Grave de Peralta Almenares,
age not known
Sentence: 20 years
Home town: Juan Antonio Mella in Santiago
de Cuba province
Prison: Kilo 5½ Prison in Pinar del Río
Background: He is a member of the unofficial
Movimiento Cristiano Liberación,
Christian Liberation Movement, in the province
of Santa Clara. He reportedly helped gather
signatures for the Proyecto Varela
in that region. He is also said to have
a private library called the "Bartolomé
Massó" Library.
There is no additional information available
about his current situation.
33. Iván Hernández Carrillo, 32
Sentence: 25 years
Home town: Colón, in Matanzas province
Prison: Holguín Provincial Prison
Background: He reportedly belongs to several
dissident groups: he is a member of the
unofficial 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.
He reportedly joined prisoner of conscience
Mario Enrique Mayo on his hunger strike
from 15 to 25 August demanding better medical
assistance and food for prisoners in Holguín
Prison. The protest apparently ended when
the authorities agreed to Mario Enrique
Mayo's demands.
On 17 October 2003, he was reportedly placed
in a punishment cell after reportedly shouting
criticisms of the government and accusing
prison authorities of denying him medical
attention for high blood pressure. In response
Iván Hernández started a hunger strike which
was joined by six other prisoners of conscience.
Reportedly, conditions in punishment cells
habitually fall far below international
standards.
On 6 November, five women relatives of the
hunger strikers travelled to Holguín prison
to enquire for the health of their relatives.
They were reportedly not allowed to speak
personally with any of them, but were told
by prison officials that the hunger strike
had ended that day. Prison officials reportedly
promised that their relatives would be allowed
to telephone home on 10 November; however
no calls were received.
34. Normando Hernández González,
33
Sentence: 25 years
Home Town: Vertientes, province of Camagüey
Prison: Kilo 5 ½ prison in Pinar del Río
province
Background: He is the director of the unofficial
Colegio de Periodistas Independientes,
College of Independent Journalists.
According to reports, Normando Hernández
and five other prisoners of conscience in
Boniato prison started a hunger strike on
31 August to call attention to their conditions
of detention, which reportedly included
poor hygiene, insufficient food and inadequate
medical attention. In a move that may have
been aimed to break the hunger strike, they
were all transferred to different prisons.
Since 1 September Normando Hernández has
been held in Kilo 5 ½ prison in Pinar del
Río province.
His family is reportedly concerned about
his health. It has been reported that Normando
Hernández suffers from inflammatory disease
of the small intestine, chest pain, increased
heart rate and high blood pressure.
His family has repeatedly complained about
not having been able to communicate with
him either by phone or letters since October
2003.
35. Juan Carlos Herrera Acosta, 37
Sentence: 20 years
Home town: Guantánamo
Prison: Kilo 7 prison in Camagüey
Background: He 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. Neither
organisation has been recognised by the
authorities. He also works as a journalist
in the province of Guantánamo.
Juan Carlos Herrera has reportedly been
held in three different prisons: in September
2003 he was transferred from Boniato Provincial
Prison in Santiago de Cuba province to Kilo
8 in Camagüey and in November, to Kilo 7
in the same province.
According to reports he has a number of
ailments, including sores on his skin and
cardiovascular problems. Information received
indicates that the appropriate medication
for his condition has not been administered
in prison due to lack of availability; when
family members acquired the relevant medicine
on their own, they reportedly were not allowed
to give it to the prisoner.
According to reports, on 31 August Juan
Carlos Herrera, along with five other prisoners
of conscience in Boniato prison, began a
hunger strike to call attention to their
conditions of detention, which they said
included poor hygiene, insufficient food
and inadequate medical attention. In a move
that may have been aimed to break their
hunger strike, they were all transferred
to different prisons, Juan Carlos Herrera
was reportedly transferred to Kilo 8 prison
in Camagüey.
In September he and other prisoners of conscience
in Kilo 8 were reportedly threatened with
suspension of conjugal and other family
visits if they persisted in studying the
Bible in their cells.
He has also complained, according to reports,
of the denial of access to the telephone
to contact his family, and of not being
able to receive and to send correspondence
as frequently as other prisoners, as additional
punishment.
36. Regis Iglesias Ramírez, 33
Sentence: 18 years
Home town: Havana city
Prison: Ariza prison in Cienfuegos province
Background: He is a member of the unofficial
Movimiento Cristiano Liberación,
Christian Liberation Movement, in Havana.
He has been involved in work related to
the Proyecto Varela.
In September 2003, he and other prisoners
of conscience in Kilo 8 were reportedly
threatened with having conjugal and other
family visits suspended if they persisted
in studying the Bible in their cells.
It has been reported that he was been transferred
from Kilo 8 Provincial Prison in the municipality
of Camagüey to Ariza Prison in Cienguegos
province.
37. José Ubaldo Izquierdo Hernández,
age not known
Sentence: 16 years
Home town: Güines in Havana province
Prison: Kilo 5½ prison in the municipality
of Pinar del Río
Background: He runs the private "Sebastián
Arcos Bergnes" Library and works as
a journalist for an agency called Grupo
Decoro.
In June 2003, it was reported that José
Ubaldo Izquierdo fell while handcuffed,
requiring nine stitches in his head and
treatment for two wrist fractures. He was
transferred to the Provincial Hospital in
Pinar del Río.
38. Reinaldo Miguel Labrada Peña,
40
Sentence: 6 years
Home town: Las Tunas
Prison: Guantánamo provincial prison
Background: He is a member of the unofficial
Movimiento Cristiano Liberación,
Christian Liberation Movement. He has been
involved in the work around the Proyecto
Varela initiative.
According to reports, he has been denied
access to religious services, time outdoors
and to adequate light and ventilation in
his cell.
39. Librado Ricardo Linares García,
42
Sentence: 20 years
Home town: Camajuaní, Villa Clara province
Prison: Combinado del Este prison in the
municipality of Guanabacoa, Havana province
Background: He is president of the unofficial
Movimiento Cubano Reflexión, Cuban
Reflection Movement in Camajuaní. He is
an engineer by profession 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.
According to reports, in September 2003
he and fellow prisoner of conscience Luis
Enrique Ferrer were transferred to a punishment
cell in Combinado del Este, Havana, for
having refused to salute a prison official;
reported conditions in punishment cells
habitually fall far below international
standards. The two prisoners, along with
prisoners of conscience Guido Sigler Amaya
and Alfredo Pulido López, apparently carried
out a hunger strike over several days in
September until both Librado Ricardo Linares
García and Luis Enrique Ferrer were returned
to their cells. His family visits have been
reportedly cancelled since August 2003.
His family has repeatedly complained that,
as a form of harassment, Librado Ricardo
Linares Garcia has not been permitted either
to receive or to send correspondence under
the same conditions as other prisoners.
40. Marcelo Manuel López Bañobre,
40
Sentence: 15 years
Home town: Havana city
Prison: Guanajay prison in Havana province
Background: He is a tugboat captain by occupation
and is the spokesperson for the unofficial
Comisión Cubana de Derechos Humanos y
Reconciliación Nacional, Cuban Commission
for Human Rights and National Reconciliation.
According to reports, Marcelo Manuel López
Bañobre suffers from a neurological disease,
emphysema of the lungs, high blood pressure
and orthopaedic problems.
41. Héctor Fernando Maseda Gutiérrez,
61
Sentence: 20 years
Home town: Havana city
Prison: Manacas prison in the municipality
of Manacas
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