Author: Cubalex

Cubalex, 4 October 2024 — Cubalex denounces the increasing repression by Cuban State Security against independent journalists on the island. In recent weeks, attacks on freedom of the press and expression have increased in a worrying manner, constituting a systematic attempt to silence critical voices and limit the right of citizens to receive free and impartial information.

The authorities have resorted to tactics that include arbitrary detention, prolonged interrogation under duress, threats of lengthy prison sentences, and psychological torture. In addition, in these interrogations journalists have been forced to be filmed without their consent, violating their rights to privacy and dignity. In many cases, working equipment and money have also been confiscated, affecting both their ability to practice journalism and their economic stability.

These actions are clearly aimed at intimidating and forcing journalists to abandon their work. They constitute a direct violation of fundamental rights protected by international human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, commitments that Cuba should respect.

Cubalex, urgently calls on the international community, human rights organisations and all those committed to justice and truth, to demand an end to the repression against journalists in Cuba. To defend freedom of the press and freedom of expression is to defend the right of every person to know the truth about what is happening in their country.

Cubalex will continue to monitor the situation and offer support to journalists who have been affected, reaffirming our commitment to fight for the respect and protection of human rights in Cuba.

Translated by GH

Cubalex, 5 September 2024 — In this analysis, we examine the sedition sentences handed down in Cuba following the protests of 11 July 11, 2021. Our findings reveal a worrying racial bias that results in harsher sentences for people of African descent. This trend suggests the existence of systematic discrimination within the judicial system, disproportionately affecting one of the most vulnerable groups in Cuban society, who already face multiple forms of exclusion and inequality. Below, we present a detailed examination of these discriminatory patterns and their implications in the human rights context.

Below we present the key findings of this analysis.

Key Findings:

1. Duration of sanctions for “unfavourable conduct”:

People of African descent who are classified by the State as having “unfavourable conduct” receive sanctions with an average duration of 13.02 years, while non-Afro-descendants, under the same classification, receive sanctions with an average duration of 12.0 years.

Unfavourable conduct appears to have a greater impact on the length of sanctions for people of African descent, who receive longer sentences compared to non-African descendants who exhibit similar conduct. This finding suggests that the combination of being of African descent and having unfavourable conduct may exacerbate the negative impact on sentence length, which may indicate a racial bias in the legal treatment of people of African descent.

The analysis was carried out exclusively on the basis of photographs, which allowed us to include both black and other racialised people. This method was necessary due to the lack of official data disaggregated by race in Cuba, forcing us to use visual indicators to identify Afro-descendants and racialised people. While this approach has limitations, it is crucial to highlight racial disparities in a context where access to information is restricted and where the administration of justice is not transparent. This methodology highlights the need for broader access to official data to allow for a more comprehensive analysis of inequalities in Cuba.

2. General duration of sanctions:

According to the analysis of the first instance sentences to which Cubalex had access, Afro-descendants receive sentences with an average duration of 13.63 years, while non-Afro-descendants receive sentences with an average duration of 12.61 years.

These figures indicate that, regardless of conduct, people of African descent are subject to longer sentences compared to people of African descent. This suggests that the judicial system may be affected by racial biases that influence the severity of sentences. continue reading

Cubalex, Alertas, 03 October 2024 / On Wednesday, October 2, we received information about surveillance and repression operations in Guantanamo, following a protest in the sugar town of Argeo Martinez, due to the prolonged blackouts in the area.

Juan Luis Bravo Rodríguez, member of the Union for a Free Cuba Party (PUNCLI) and manager of the Emilia Project, complained that State Security interrupted his Internet access and that his home was under surveillance.

Activist Miguel Angel Lopez Herrera was also under surveillance by State Security and paramilitary groups, and his home was attacked with stones.

Independent journalist Niober García Fournier was also subjected to surveillance, with the presence of an officer known as “Víctor Víctor” and a member of Inder around his home.

These repressive acts occurred one day after the protest in Argeo Martinez, Manuel Tames municipality, as part of the regime’s strategy to intimidate activists and prevent these demonstrations from gaining strength.

On October 1, after a 14-hour blackout, local residents took to the streets for several hours, banging pots and chanting anti-government slogans, due to being unable to prepare food.

According to information sent to Cubalex, officers of the National Revolutionary Police (PNR), State Security and provincial government authorities went to the site to try to quell the protest. The following day, vehicles carrying food arrived at the locality. So far, no arrests have been reported among the protesters.

The blog Operativos de Vigilancia y Represión en Guantánamo Tras Protesta por Apagones was published first in Cubalex.

Translated by GH

Cubalex, 13 September 2024 — Political prisoner Jorge Luis Rodríguez Valdés, known as “Tangallo”, was again transferred to a punishment cell in Kilo 8 prison, in Pinar del Río, for demanding a visit that the authorities arbitrarily denied him.

Tangallo has no close relatives and State Security forbade activist Eduardo Díaz Fleitas to visit him in prison. Although they arranged for someone else to deliver basic necessities to him, the authorities also prevented this.

According to information sent to Cubalex, Tangallo demanded his right to a visit in front of the head of the provincial prisons body, and for this reason he was sent to the punishment cell.

He recently spent 27 days in solitary confinement for an alleged suspicion of tuberculosis, and earlier he spent 17 days in solitary confinement, evidencing a systematic pattern of reprisals through solitary confinement. continue reading

Cubalex, 10 September 2024 — A user commented on Facebook that, while visiting Havana as a tourist, she was stopped by a traffic police officer on the public road at around midnight. When asked for identification, she explained that she did not have her passport at the time, but that she could show her National ID. When she took out her mobile phone, the policeman allowed her to continue without asking any further questions.

Following this experience, the user wonders whether it is common practice in Cuba for the authorities to request identification for no apparent reason.

The Cubalex legal team responds:

In Cuba, the authorities can detain a person and ask for identification without a reason. This is a frequent practice, especially in central and tourist areas, and often targets women under the pretext of combating sex work. This occurs due to a lack of adequate oversight and the absence of constitutional guarantees protecting citizens from unwarranted harassment. continue reading

Cubalex, 10 September 2024 — In Cuban prisons, persons deprived of their liberty face numerous barriers that prevent them from accessing justice and defending their human rights. Below, the Cubalex legal team summarises some key aspects of this problem in Cuban prisons.

Complaints and Retaliation

1. Retaliation for Complaints:

Prisoners who file complaints with military prosecutors often suffer violent reprisals instigated by prison authorities. They may be beaten or transferred to solitary confinement if they do not withdraw their complaints.

2. Threats and Coercion:

Prison guards threaten political detainees with transfer to prison camps with dangerous inmates in order to intimidate them. This practice is intended to discourage prisoners from engaging in human rights activities inside the prison.

3. Handling of ordinary prisoners:

Prison authorities use ordinary inmates to harass and control political prisoners. These inmates receive benefits in exchange for harassing political prisoners, creating an atmosphere of constant intimidation and violence.

Obstacles in the Judicial Process

1. Lack of medical care:

Medical care in prisons is inadequate and often intentionally denied. Prisoners who suffer severe beatings do not receive adequate medical care, and in many cases, doctors justify violence as punishment for alleged misbehaviour.

2. Restricted Access to Visitors:

Family and conjugal visits are suspended as a method of blackmail and punishment. Persons deprived of liberty who make complaints have their access to their families restricted as a reprisal, hindering their ability to receive external support and assert their rights.

3. Isolation Conditions:

Persons deprived of their liberty are subjected to long periods of solitary confinement in punishment cells without adequate justification and without access to basic resources. This practice not only violates the Mandela Rules, which prohibit prolonged solitary confinement, but also aggravates the physical and mental suffering of persons deprived of their liberty.

The following are examples of how the lack of access to justice is evidenced in Cuban prisons:

1. Interference in Complaints:

1.1 Another practice that often occurs in Cuban prisons is interference with complaints. Cubalex has reported cases where prison guards have incited other inmates to beat those who file complaints. This type of practice is done with the aim of forcing the person to withdraw the complaints. This systematic interference discourages persons deprived of their liberty from seeking legal solutions that can protect them from prisons. An example that illustrates this is the case of Lewis Calas Herrera, a common prisoner who works as “Discipline” in Company No. 1 of the Provincial Prison of Pinar del Río. According to our information, this person is used by the Chief of Internal Order, Lázaro Castillo Placencia, and the re-educator, First Lieutenant Nivaldo, to beat other inmates.

2. Critical Care Negligence:

2.1 There are numerous documented cases of neglect and denial of medical care. Many prisoners have suffered serious consequences due to the lack of timely medical care. Medical negligence in Cuban prisons was evidenced in the case of journalist Lázaro Yuri Valle Roca. Despite his multiple health problems, the authorities of the Combinado del Este on several occasions denied Yuri access to the medicines brought by his wife, putting his life at risk.

Access to justice

The lack of access to justice in Cuba is a deep-rooted and systematic problem that severely limits rights. The Cuban judicial system, being closely linked to political power, has been criticised for its lack of independence, transparency and due process.The case of journalist José Luis Tan Estrada demonstrates the lack of access to justice in Cuba in several ways.

On 14 May 2024, the Havana Provincial Court dismissed the habeas corpus application filed on behalf of José Luis Tan Estrada. José Luis Tan Estrada, like many other activists and dissidents on the island, has been the victim of a judicial system that seems to be more focused on repressing dissent than on delivering justice.

The application for habeas corpus, a legal remedy designed to protect people from arbitrary detention, was rejected without adequate justification.

Tan Estrada’s case is not isolated; a further example is that of Daniel Moreno de la Peña. The situation of Daniel Moreno de la Peña, a Cuban political prisoner who weighs just 40 kilos (88 pounds) and is on the verge of death in prison, chillingly exemplifies the lack of access to justice in Cuba. Moreno has been detained for more than 18 months without trial, without even being able to see his file, in flagrant violation of his fundamental rights.

The case of the Caimanera protesters is another alarming example of the lack of access to justice in Cuba. These individuals have been denied access to documentation related to their cases, preventing them from preparing a proper defence and seriously violating their procedural rights. According to complaints by their relatives, the trial against these demonstrators is imminent, and the lack of transparency and access to legal information exacerbates the situation of defencelessness in which they find themselves. Such practices, common in the Cuban judicial system, demonstrate once again the urgent need for profound reforms to guarantee a fair and equitable judicial process.

These examples demonstrate how conditions and practices inside Cuban prisons not only violate international human rights standards, but also prevent persons deprived of their liberty from accessing justice and receiving humane and dignified treatment. It is essential to denounce these practices and to advocate for respect for human rights in all prisons.

The post Lack of Access to Justice in Cuban Prisons appeared first on Cubalex.

La entrada Falta de Acceso a la Justicia en las Prisiones Cubanas se publicó primero en Cubalex.

Translated by GH

CUBALEX, July 2024 — According to the Penal Execution Law, the conditions of solitary confinement and punishment in Cuban prisons do not meet international standards established by the Mandela Rules. The excessive length of solitary confinement, lack of independent review, and insufficient protection for vulnerable groups are significant incompatibilities that can lead to abuses and human rights violations. These practices not only affect inmates physically, but also have a devastating impact on their mental health and general well-being.

What do the Mandela Rules say?

The Standard Minimum Rules for the Treatment of Prisoners, also known as the Mandela Rules, set international standards to ensure that prisoners are treated with humanity and dignity. No form of torture or cruel, inhuman or degrading treatment is permitted. Practices such as indefinite solitary confinement, confinement in dark or always illuminated cells, and corporal punishment are prohibited. In addition, food or drinking water must not be reduced as punishment. Solitary confinement is defined as keeping an inmate without meaningful human contact for at least 22 hours a day. Prolonged solitary confinement refers to any isolation lasting more than 15 consecutive days. In Cuba, the law allows solitary confinement for up to three months, which does not meet these international standards.

Incompatibilities with the Cuban Penal Execution Law

Rule 45 of the Mandela Rules states that solitary confinement should only be used in exceptional cases, as a last resort, for as short a time as possible and with independent review. It should be authorised by a competent authority and should not be imposed on prisoners with physical or mental disabilities, women or children. However, the length of solitary confinement in a punishment cell in Cuba reveals a worrying difference between official regulations and actual practice. Under Cuban law, solitary confinement can last up to three months, which significantly exceeds the UN Mandela Rules, which consider prolonged solitary confinement for more than 15 days to be a violation of human rights.

  Documented testimonies

Cubalex has documented numerous cases of persons deprived of their liberty who have suffered solitary confinement in punishment cells for periods that far exceed both national regulations and international standards. Among these testimonies, the cases of political prisoners such as Félix Navarro, who was in a punishment cell in Guantánamo prison from continue reading

Cubalex, 25 July 2024 — In the field of human rights, every life lost in suspicious circumstances demands a robust response and a thorough investigation by the state. The recent death of Ernesto Figueredo Alarcón, a 23-year-old man, at the hands of a police officer raises serious concerns about the fulfilment of state obligations in Cuba and underlines the urgent need for a rigorous and transparent investigation.

Ernesto Figueredo Alarcón died last Friday after being shot in the head by a policeman known as “Chucho, El tirado”. According to CubaNet, the incident occurred in Ernesto’s house, located in the Rosa La Bayamesa neighborhood in Bayamo, Granma province, while the policeman and the victim were talking alone in a room.

Following the shooting, the young man was admitted to intensive care at the Carlos Manuel de Céspedes Provincial Hospital, where he was diagnosed as brain dead and was kept alive only on life support. Although the policeman responsible for the shooting was arrested, the authorities have not provided detailed information about the case, leaving the family with no clear answers. People close to the victim claim that the shooting was an accident and point out that the policeman had mental problems, suggesting that he was unfit to carry a weapon and unfit for duty. Despite these allegations, no official information has been received to confirm or refute these points. continue reading

Cubalex, 25 July, 2024 — The Cubalex legal team offers a practical guide with essential recommendations for identifying, documenting and denouncing human rights violations in the Cuban prison system.

Communication and registration

It is vital to maintain constant communication with your family member in prison. Ask regularly about his or her state of health and the medical care he or she is receiving. Take note of any irregularities he or she mentions and keep all letters, phone calls and any other form of communication. These records are crucial for reporting possible human rights violations.

Formal applications and documentation

Send formal requests to the prison authorities asking for information about your family member’s health and medical treatment. Make these requests in writing and keep copies of all communications. Informing local and international human rights organisations about your family member’s situation can provide guidance and support, and put pressure on the authorities.

Support networks and visibility

Connect with other family members of prisoners to form a support network. Sharing information and experiences can help identify patterns of violations and organise more effectively. Use the media and social networks continue reading

Cubalex, 21 June 2024 — Sulmira Martínez Pérez could face a ten-year prison sentence, according to the provisional findings of the Prosecutor’s Office, for expressing herself on social media against the Cuban regime and advocating peaceful protest.

Prosecutor Edward Roberts Campbell has requested a combined sentence of ten years’ imprisonment for the 22-year-old, currently held in the Western Women’s Prison known as El Guatao in Havana.

Does it adhere to the principles of legality and fairness?

The legal characterisation offered by Prosecutor Edward Robert Campbell to the Chamber for Crimes against State Security of the People’s Provincial Court of Havana, in the second of his provisional conclusions presented on 24 April 2024, is incorrect. The legal grounds for this assertion are set out below:

The prosecutor has legally classified the facts described in the first of his provisional conclusions as constituting the crimes of Contempt (Articles 185.1 and 2) and Against Constitutional Order (Article 119.3 in relation to 119.1) of the Criminal Code (Law 151/2022). In this regard, he said:

“(With respect to acts committed before the entry into force of Law 151. It is integrated into the offence provided for in Article 99 of Law 62, which has the same sanctioning framework)”.

The prosecutor proposed, and the court accepted, a legal position that violates the principle that criminal laws cannot be applied retroactively. This principle has an exception: it can only be applied retroactively when the law is more favourable to the accused person.

In determining which law is more favourable, the court must consider which law produces the more beneficial result for the accused person, objectively assessing the facts of the case and the laws in force at the time of the decision. It is not a matter of comparing individual provisions of the two laws, but of assessing their entire content, including the penalty, the elements of the offence and the aggravating circumstances of criminal liability. For example, if in the specific case it is possible to apply a penalty of limitation of liberty or correctional work without detention, the current Penal Code would be more favourable than the repealed one, even if it provides for harsher penalties in other respects.

The court must consider both theoretically co-existing laws, assessing which one is more applicable to the particular case, and not only which one is in force.

How should the court proceed in this case?

1. Hypothetically apply the criminal law in force at the time the crime was committed and subsequently do the same with the law in force at the time of the trial.

2. Compare possible outcomes and choose the one that is more favourable to the accused person.

3. The comparative examination should conclude with the choice of one of the two laws, the old or the new one.

It is wrong to apply provisions of both laws simultaneously, as this creates a new law made to suit the prosecutor, whose aim is to impose harsher sanctions to punish dissent, censor free speech and restrict the right to protest.

Conclusions

Sulmira, like everyone else in Cuba, is unable to exercise her right to peaceful demonstration, despite the fact that this right is enshrined in article 56 of the Constitution of the Republic. The main reason is that the Cuban government, despite its legislative promise, has not enacted a supporting law that would allow the full exercise of this fundamental right.

This omission allows the criminalisation of any citizen action of criticism, protest, disagreement and opposition to the authorities, who are responsible for the economic crisis, violence and total decadence that the island is experiencing today.

The post La acusación fiscal: El caso de Sulmira Martínez Pérez appeared first on Cubalex.

Translated by GH

Cubalex, 20 June 2024– Latin America faces serious human rights challenges, including social crises, closure of civic space, criminalisation of protests, persecution of journalists, repression, intimidation and harassment of critical voices that differ from or oppose power structures. These issues, among others, are evidence of a regional emergency.

In this context, and in the framework of the 54th General Assembly of the Organisation of American States (OAS), the Latin American Human Rights Consortium (HRC) is convening the event “Human Rights as a Pillar of Hemispheric Security in the Americas”, to be held on 26 June in Asunción, Paraguay.

At the meeting, participants will analyse in depth the social, political and economic crises affecting several countries in the region, with a particular focus on Cuba, El Salvador, Nicaragua and Venezuela.

Cubalex will present the report “Closure of civic space in Cuba”, which analyses how the state has implemented a systematic mechanism of harassment against civil society, with the aim of preventing the active participation of citizens in the political, economic, social and cultural life of the country.

 See details of the Cubalex report.

The post Derechos Humanos en crisis y cierre del espacio cívico en Cuba appeared first on Cubalex.

Translated by GH

Cubalex, 4 April 2023 — Cuba’s Law of Penal Procedure (LPP) obliges police officers to permit communication between detained persons and their family members, as a required formality when they are being charged. Nevertheless, the absence of judicial control over detention has permitted use of institutionalised practices such as prolonged solitary confinement and coercive isolation. These systemic practices constitute cruel and inhuman treatment and place the person at risk of torture and enforced disappearance. Furthermore, they are evidence that the persons detained are not properly instructed as required by law.

In police stations, although the authorities generally do not deny to the relatives of arrested people who are trying to locate them that the person has been detained, they do prevent them from knowing the physical and psychological conditions in which they are being held and the exact place of detention. This practice amounts to enforced disappearance. They also sometimes take on the role of intermediaries to hinder direct communication between detainees or prisoners and their relatives.

Solitary confinement occurs in the context of deprivation of liberty in penitentiary establishments, through the suspension of telephone calls and regular visits to persons charged or accused in pre-trial detention and those punished under conditions of internment.

According to international standards and national legislation, prisoners have the right to receive visits and to communicate regularly with their families and friends, while prison authorities have the obligation to guarantee such communication. This right is guaranteed through the public service provided by Empresa de Telecomunicaciones de Cuba Sociedad Anónima (ETECSA). This state entity has a monopoly on communications at the national level and controls and manages the public telephones installed in prisons. The enjoyment of this right depends on family and friends being able to recharge the prepaid cards, usually from outside the country.

Nevertheless, to prevent inmates from reporting conditions inside prison, ETECSA has resorted to disabling ETECSA’s “Propia” prepaid cards, as well as blocking recharging from outside. As a telecommunications service operator, the company has an obligation to ensure that government authorities use its telecommunications systems and new unified information and communication technologies to monitor, control and intercept communications, as well as to cut or suspend service at their discretion. This type of complaint can be defined as a cybersecurity incident, under the category of Ethical Harm. continue reading