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.
http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm?docid=751
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