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Country Reports on Human Rights Practices -2000 (cont.)

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On August 8, police summoned Manuel Lantigua Dominguez, a member of the dissident Council of Cuban Workers (CUTC) in the province of Guantanamo, to the local police office. After taking his photograph and fingerprints, the police told Lantigua that a case on charges of dangerousness would be opened against him.

The Government also used exile as a tool for controlling and eliminating the internal opposition. AI has noted that the Government detains human rights activists repeatedly for short periods and threatens them with imprisonment unless they gave up their activities or left the country. The Government used these incremental aggressive tactics to compel Ruben Ruiz Armenteros, vice president of the Human Rights Party of Cuba, to leave the country on September 28. On October 26, Orestes Rodriguez Horruitiner, president of the MSC, also left the country. Rodriguez had been imprisoned from July 1997 to April 7.

The Government also has pressured imprisoned human rights activists and political prisoners to apply for emigration and regularly conditioned their release on acceptance of exile. HRW observed that the Government routinely invokes forced exile as a condition for prisoner releases and also pressures activists to leave the country to escape future prosecution.

AI has expressed particular concern about the Government's practice of threatening to charge, try, and imprison human rights advocates and independent journalists prior to arrest or sentencing if they did not leave the country. According to AI, this practice "effectively prevents those concerned from being able to act in public life in their own country."

e. Denial of Fair Public Trial

The Constitution provides for independent courts; however, it explicitly subordinates the courts to the ANPP and the Council of State, which is headed by Fidel Castro. The ANPP and its lower level counterparts choose all judges. The subordination of the courts to the Communist Party, which the Constitution designates as the superior directive force of the society and the State further compromises the judiciary's independence. The courts undermine the right to a fair trial by restricting the right to a defense and often failed to observe the few due process rights available to defendants.

Civil courts exist at municipal, provincial, and supreme court levels. Panels composed of a mix of professionally certified and lay judges preside over them. Military tribunals assume jurisdiction for certain counterrevolutionary cases.

The law and trial practices do not meet international standards for fair public trials. Almost all cases are tried in less than a day; there are no jury trials. While most trials are public, trials are closed when there are alleged violations of state security. Prosecutors may introduce testimony from a CDR member about the revolutionary background of a defendant, which may contribute to either a longer or shorter sentence. The law recognizes the right of appeal in municipal courts but limits it in provincial courts to cases such as those involving maximum prison terms or the death penalty. Appeals in death penalty cases are automatic. The death penalty ultimately must be affirmed by the Council of State.

Criteria for presenting evidence, especially in cases of human rights advocates, are arbitrary and discriminatory. Often the sole evidence provided, particularly in political cases, is the defendant's confession, usually obtained under duress and without the legal advice or knowledge of a defense lawyer. The authorities regularly deny defendants access to their lawyers until the day of the trial. Several dissidents who have served prison terms reported that they were tried and sentenced without counsel and were not allowed to speak on their own behalf. AI concluded in 1996 that "trials in all cases fall far short of international standards for a fair trial."

The law provides the accused with the right to an attorney, but the control that the Government exerts over the livelihood of members of the state-controlled lawyers' collectives--especially when they defend persons accused of state security crimes--compromises their ability to represent clients. Attorneys have reported reluctance to defend those charged in political cases due to fear of jeopardizing their own careers.

In January a Havana court reaffirmed the 4-year prison term for dangerousness imposed in 1998 on Lazaro Constantin Duran, leader of the Friends Club of an independent teachers' organization. On January 18, a court sentenced independent journalist Jesus Joel Diaz Hernandez to 4 years imprisonment for dangerousness (see Section 2.a.).

On February 25, diplomats and members of the international press attended the 1-day trial of Dr. Oscar Elias Biscet, president of the Lawton Foundation for Human Rights. Biscet was convicted of disrespect, creating a public disturbance by hanging a Cuban flag upside down during a press conference in his home, and encouraging others to violate the law. In his opening statement, Biscet denied all charges against him, and insisted that he was a nonviolent activist for human rights. The three judge panel heard six witnesses and listened to the opening and closing arguments of both the prosecutor and defense attorney. The court sentenced Biscet to 3 years in prison (less than the 7 years the prosecution sought). The same court sentenced Fermin Scull Zulueta to 1 year in prison, and released Eduardo Diaz Fleitas. The latter two men were charged with insulting national symbols, creating a public disturbance, and instigating a crime. The authorities transferred Biscet to the Cuba Si prison in Holguin (see Section 1.c.). The authorities detained and prevented human rights activists and independent journalists from attending the trial (see Section 1.d.).

On July 13, prison authorities accused Egberto Angel Escobedo Morales, serving a 24-year sentence for the crimes of espionage, propagating enemy propaganda, and theft of the additional crimes of disrespect and causing disturbances in a penitentiary. The prosecution requested an additional 20-year sentence.

On July 21, in Santiago de Cuba, Nestor Rodriguez Lobaina and Eddy Alfredo Mena Gonzalez of the Movement of Cuban Youth for Democracy went on trial for disrespect, causing damages, and causing public disorder. On August 15, Rodriguez received a 6-year prison sentence, while Mena was sentenced to 5 years in prison.

During the year, three of the four members of the Internal Dissident Working Group received conditional release from prison--Felix Antonio Bonne Carcasses, on May 12; Martha Beatriz Roque Cabello, on May 15; and Rene de Jesus Gomez Manzano, on May 23. Police arrested the four persons in July 1997 for expressing peacefully their disagreement with the Government. In September 1998, they were charged with acts against the security of the state in relation to the crime of sedition. Despite the prosecution's demand for sentences from 5 to 6 years, Felix Bonne and Rene Gomez received a 4-year jail sentence while Martha received a 3-1/2 year sentence. The fourth member of the group, Vladimiro Roca Antunez, received a 5-year sentence. In early July, Roca was moved from solitary confinement to a section of the prison for common prisoners; he remained in prison at year's end.

Human rights monitoring groups inside the country estimate the number of political prisoners at between 300 and 400 persons. On July 16, the Cuban Commission on Human Rights and National Reconciliation reported that 314 persons were in prison for political reasons. The authorities have imprisoned persons on charges such as disseminating enemy propaganda, illicit association, contempt for the authorities (usually for criticizing Fidel Castro), clandestine printing, or the broad charge of rebellion, which is often brought against advocates of peaceful democratic change.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

Although the Constitution provides for the inviolability of a citizen's home and correspondence, official surveillance of private and family affairs by government-controlled mass organizations, such as the CDR's, remains one of the most pervasive and repressive features of daily life. The State has assumed the right to interfere in the lives of citizens, even those who do not actively oppose the Government and its practices. The mass organizations' ostensible purpose is to improve the citizenry, but in fact their goal is to discover and discourage nonconformity. Citizen participation in these mass organizations has declined; the economic crisis both has reduced the Government's ability to provide material incentives for their participation and has forced many persons to engage in black market activities, which the mass organizations are supposed to report to the authorities.

The authorities utilize a wide range of social controls.

The Interior Ministry employs an intricate system of informants and block committees (the CDR's) to monitor and control public opinion. While less capable than in the past, CDR's continue to report on suspicious activity, including conspicuous consumption; unauthorized meetings, including those with foreigners; and defiant attitudes toward the Government and the revolution.

The Government controls all access to the Internet, and all electronic mail messages are subject to censorship. The Department of State Security often reads international correspondence and monitors overseas telephone calls and conversations with foreigners. The Government also monitors domestic phone calls and correspondence.

In January the authorities dismissed Teidy Betancourt Gonzalez from her job as an assistant teacher in a kindergarten because her husband, Ruben Perez Pons, a member of the Democratic Action group in Sancti Spiritus, is a dissident. On April 29, the authorities expelled from his workplace Jose Carlos Malina Gonzalez, conditionally released from jail, because he refused to participate in a government-sponsored public event for the return of Elian Gonzalez Brotons. The administrator of Molina's workplace threatened to inform the police so that he could be returned to prison.

In August Romilio de Jesus Garcia Mauri, member of the Club of Prisoners and Former Political Prisoners, was convoked three times to appear at the local police station in Santiago de Cuba for possible drug trafficking. Every time Mauri arrived at the police station, he was asked to submit a writing test for examination. On August 10, police detained Yuri Tier Pineiro on the La Victoria beach in the province of Sancti Spiritus and interrogated him for 3 days about the political activities of his father, Marcelo Tier Perez, and his older brother Marcelo Tier Pineiro, members of the Democratic Solidarity Party. He himself is not a political activist.

There were numerous credible reports of forced evictions of squatters and residents who lacked official permission to reside in Havana (see Section 5).

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government does not allow criticism of the revolution or its leaders. Laws against antigovernment propaganda, graffiti, and disrespect of officials carry penalties of between 3 months and 1 year in prison. If President Castro or members of the National Assembly or Council of State are the objects of criticism, the sentence can be extended to 3 years. Charges of disseminating enemy propaganda (which includes merely expressing opinions at odds with those of the Government) can bring sentences of up to 14 years. In the Government's view, such materials as the Universal Declaration of Human Rights, international reports of human rights violations, and mainstream foreign newspapers and magazines constitute enemy propaganda. Local CDR's inhibit freedom of speech by monitoring and reporting dissent or criticism. Police and state security officials regularly harassed, threatened, and otherwise abused human rights advocates in public and private as a means of intimidation and control.

The Constitution states that print and electronic media are state property and cannot become in any case private property. The Communist Party controls all media--except a few small church-run publications. Even the church-run publications, denied access to mass printing equipment, are subject to governmental pressure. In particular, the Government publicly criticized the publisher of the magazine Vitral, a publication of the diocese of Pinar del Rio, twice during the year; President Castro had criticized publicly an article that the magazine printed in 1999. The Government reported extensively on Vitral articles and on the publisher's activities and contacts, which it labeled as counterrevolutionary. As of October, Vitral had not been shut down, but as of year's end, the Church was still being subjected to considerable pressure to avoid political topics.

The Government controls all access to the Internet, and all electronic mail messages are subject to censorship. Citizens do not have the right to receive publications from abroad, although newsstands in hotels for foreigners and certain hard currency stores sell foreign newspapers and magazines. The Government continued to jam the transmission of Radio Marti and Television Marti. Radio Marti broadcasts generally overcame the jamming attempts on short-wave bands, but its medium-wave transmissions are blocked completely in Havana. Security agents subjected dissidents, foreign diplomats, and journalists to harassment and surveillance, including electronic surveillance.

All media must operate under party guidelines and reflect government views. The Government attempts to shape media coverage to such a degree that it not only continued to exert pressure on domestic journalists but also kept up a steady barrage of pressure on groups normally outside the official realm of control, such as visiting international correspondents. Fidel Castro continued to criticize publicly the international press, often by name.

Resident foreign correspondents reported that the very high-level of government pressure experienced in 1999, including official and informal complaints about articles, threatening phone calls, and lack of access to officials, continued throughout the year. The Government strengthened its ability to control the foreign press by ceasing to issue multiple entry visas to journalists from foreign press organizations who reside in Havana. Such journalists are now required to apply for a new visa each time they leave the country.

In August Radio Moron, a small government-run radio station in the central part of the country, dismissed the host of one of its programs after he read on the air a poem by Raul Rivero (founder and director of the Cuba Press news agency).

The 1999 Law to Protect National Independence and the Economy outlaws a broad range of activities as undermining state security, and toughens penalties for criminal activity. Under the law, anyone caught possessing or disseminating literature deemed subversive, or supplying information that could be used by U.S. authorities in the application of U.S. legislation, is subject to fines and to prison terms of 7 to 20 years. While many activities between Cuban nationals and foreigners possibly could fall within the purview of this new law, it appears to be aimed primarily at independent journalists.

This law increased the penalties and broadened the definitions of activities covered by the 1996 Cuban Dignity and Sovereignty Act, which already proscribed citizens from providing information to any representatives of the U.S. Government, or seeking any information from them, that might be used directly or indirectly in the application of U.S. legislation against the Government. This includes accepting or distributing Publications, documents or other material from any origin, which the authorities might interpret as facilitating implementation of such legislation.

The Government continued to threaten independent journalists, either anonymously or openly, with arrest and conviction based on the new law. Some journalists have been threatened repeatedly since the law took effect. Independent journalists noted that the law's very existence had some effect on their activities and increased self censorship, and some noted that it is the Government's most effective tool to harass members of the independent press.

In February 1999, National Assembly President Ricardo Alarcon told foreign correspondents that under the new law, even reporters working for accredited foreign media could be sentenced to up to 20 years in prison if the information they publish is deemed to serve U.S. interests.

The Government continues to subject independent journalists to internal travel bans, arbitrary and periodic detentions (overnight or longer), harassment of family and friends, seizures of computers, office and photographic equipment, and repeated threats of prolonged imprisonment (see Sections 1.d., 1.f., and 2.d.). Independent journalists in Havana reported that threatening phone calls and harassment of family members continued during the year. More than 20 independent journalists experienced varying degrees of harassment, and certain individuals appear to have been singled out. Since January dozens of reporters were repeatedly detained, some for several days. Authorities also placed journalists under house arrest to prevent them from reporting on conferences sponsored by human rights activists, human rights events, and court cases against activists.

Family members have lost their jobs because they refuse to condemn or inform on these so-called counterrevolutionaries (see Section 1.f.). Acts of intimidation have been reported less frequently since 1999. However, police have tried more often to prevent independent journalists from covering so-called sensitive events.

In January an unidentified assailant attacked Mary Miranda, of Cuba Press, and beat her unconscious.

In February police briefly detained Edel Garcia, Director of the Centro Norte del Pais agency, as he left church after attending a memorial Mass for the Brothers to the Rescue pilots who were aboard planes that the air force shot down in 1996. Police frequently stop Garcia on fabricated traffic violations. Garcia's wife receives weekly death threats and his teenage daughters are harassed with increasing frequency. Garcia has a criminal trial pending, but the date and the charges are as yet not known. Charges that have been mentioned include: insulting the President, illicit association, collaboration with the enemy, spreading false news, and espionage.

In February security officials ordered several journalists to remain home and not to attend the trial of a member of the opposition. Jose Antonio Fornaris, of Agencia Cuba Verdad, refused to stay home; the police detained him at the local jail for the entire day.

In March the University of Havana expelled the daughter of Maria de los Angeles Gonzalez Amaro, Director of the Union de Periodistas y Escritores Cubanos Independientes, after a university dean warned her not to follow in her mother's footsteps. In September on two occasions, security officials intimidated Mrs. Gonzalez in her home.

In April the Government's Juventud Rebelde newspaper accused Raul Rivero, Tania Quintero, Manuel David Orrio, Lucas Garve, and Vicente Escobal of being counterrevolutionary leaders.

In May the authorities went to the home of Manuel Vasquez Portal, Director of Agencia Decoro, who was scheduled to speak that day on "Globalization and Culture" at the Centro de Estudios Sociales. Two officials from State Security threatened Vazquez with detention if he give his speech. State Security officials also visited 17 other persons and told them not to attend the speech.

In July the authorities confiscated equipment (video cameras, camera, and cassette recorders) and all office supplies from the Agencia Yara in Bayamo.

In August police detained Ricardo Arabi Jimenez, director of Agencia Yara, for attending a meeting about organizing the first congress of independent trade unions by the CUTC, scheduled to be held in October (see Section 6.a.).

In September Dorca Cespedes, Havana Press reporter, was told by the director of her daughter's day care center, that the toddler could no longer attend. The authorities had instructed the director not to care for the child due to the mother's counterrevolutionary activities.

In September the security police took octogenarian Nestor Baguer, independent journalist and founder of the original Independent Press Agency of Cuba, to a private home in Havana where he was questioned about his activities. The authorities also made calls to contacts of Baguer to invite them to a meeting at his home. The authorities then went to Baguer's home to inform him that they knew about the alleged meeting.

In September individuals posing as vandals, but thought to be security officials, threw rocks at the home of Juan Tellez, Agencia Libertad.

In September the authorities jailed Joaquin Cabeza de Leon in Camaguey because he helped to organize a literary award ceremony.

In September police arrested brothers Jesus and Jadir Hernandez Hernandez, of Havana-Press, in Guines, and charged them with illegal trafficking in persons and collaboration with a foreign diplomatic mission. For several weeks, both men had been disseminating information about the unification of several dissident groups in Havana Province. In October authorities again threatened the brothers and their family members.

In October a security official showed a photograph to Dr. Jose Luis Garcia, Agencia Libertad, in which Garcia was conversing with a man that he had just casually met. Garcia was told that the man was a member of state security and that the photograph would be shown to other members of the opposition to make it look like Garcia was actually collaborating with state security.

In October the police detained Jesus Alvarez Castillo and Pedro Duque, Cuba Press correspondents from Ciego de Avila, in front of the office of Cuba Press and accused them of involvement in a murder. The authorities later dismissed the accusation as a case of mistaken identity.

The authorities often confiscate equipment when arresting journalists, especially photographic and recording equipment. It is now possible to buy a fax machine or computer, payable in dollars; if a receipt can be produced, this equipment is usually not confiscated. Photocopiers and printers are impossible to find on the local market, which makes them a particularly valuable commodity for journalists. A fax machine that a friend brought from overseas for journalist Reinaldo Cosano Alen, arrived damaged and was not usable after 10 days in Customs. Equipment lost due to burglary also has been reported. In January unidentified persons entered the home of journalist Juan Gonzalez Febles and stole his tape recorder, recorded tapes, and several articles. In August a couple posing as employees of Cuba Press stole all the documents, books, and office materials collected by the agency after the owner of the premises had asked the agency to move due to pressure from the police.

Outside the capital of Havana, independent journalists reported that detentions, threats, and harassment are more severe than in the capital.

AI, HRW, the IAPA, Reporters Sans Frontieres (RSF), and the Committee to Protect Journalists repeatedly called international attention to the Government's continued practice of detaining independent journalists and others simply for exercising their right to free speech (see Section 1.d.).

In June the IAPA called on the Government to provide medical treatment to two independent journalists serving prison sentences. Joel de Jesus Diaz, in prison in Ciego de Avila, was suffering from hepatitis and Manuel Antonio Gonzalez Castellanos in Holguin was suffering from severe influenza and possibly tuberculosis. The IAPA also called for the release of independent journalists Victor Rolando Arroyo and Bernardo Arevalo Pardon, both of whom are serving prison sentences (see Section 1.c.).

In July police detained Ricardo Gonzalez, RSF correspondent, for 6 hours as they tried to coerce him to collaborate with them. In August French journalist Martine Jacot, sent by RSF to the country, was in contact with a dozen independent journalists in Havana and Ciego de Avila. She also met with the families of two of the three journalists currently in prison. On August 17, just before she was to leave the country, security police arrested her, questioned her at the Havana airport, and seized a video camera, two videotapes, and documents. The police never returned this equipment to RSF.

In August the authorities detained three Swedish journalists and later expelled them from the country. The journalists had met with independent journalists and had organized a seminar for two groups of independent journalists. The authorities said that the journalists, including Martine Jacot, violated immigration laws by traveling on tourist visas, instead of traveling on visas issued to journalists.

Distribution of information continues to be controlled tightly. Importation of foreign literature is controlled, and the public has no access to foreign magazines or newspapers. Leading members of the Government have indicated that citizens do not read foreign newspapers and magazines to obtain news because they do not speak English and they have access to the daily televised round tables on issues with which they need to concern themselves. Access to computers is limited. E-mail use is growing slowly as the Government incrementally allows access to more users; however, the Government generally controls its use, and only very few persons or groups have access. The Government opened a national gateway to some journalists, artists, and municipal-level youth community centers, but the authorities still restrict the types and numbers of international sites that can be accessed.

Independent journalist Reinaldo Cosano Alen received a letter from Customs informing him that two magazines were confiscated for being counterrevolutionary. Customs also confiscated several editions of the Cartas de Cuba magazine that were addressed to independent journalist Tania Quintero Antunez.

The Government officially prohibits all diplomatic missions in Havana from printing or distributing publications, particularly newspapers and newspaper clippings, unless these publications deal exclusively with conditions in a mission's home country and prior Government approval is received. Many missions do not accept this requirement and send materials out liberally; however, the Government's threats to expel embassy officers who provide published materials had a chilling effect on some missions.

The Government restricts literary and academic freedoms and continued to emphasize the importance of reinforcing revolutionary ideology and discipline over any freedom of expression. The educational system teaches that the State's interests have precedence over all other commitments. Academics and other government officials are prohibited from meeting with some diplomats without prior approval from the Ministry of Foreign Affairs. The Ministry of Education requires teachers to evaluate students' and their parents' ideological character, and note such evaluations in school record that students carry throughout their schooling. These reports directly affect the students' educational and career prospects. As a matter of policy, the Government demands that teaching materials for courses such as mathematics or literature have an ideological content. Government efforts to undermine dissidents include denying them advanced education and professional opportunities. Fidel Castro has stated publicly that the universities are available only to those who share his revolutionary beliefs.

Artistic expression is less restricted. The Government encourages the cultural community to attain the highest international standards in order to sell its work overseas for hard currency. However, the Government began implementing a program in the fall called "Broadening of Culture" that ties art, socialism, and modern "revolutionary" ideology and legends into its own vision of culture. The Government uses the government media and the schools to impose this vision on the public, particularly the youth.

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