11J: Analysis of Racial Bias in Cuba’s Sedition Sanctions / Cubalex

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

Surveillance and Repression Operations in Guantanamo Following Power Outage Protest / Cubalex

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

Violation of Human Rights: Jorge Luis ‘Tangallo’ Rodríguez Valdés Is In a Punishment Cell / Cubalex

Facade of Kilo 8 prison, in Pinar del Río, Cuba

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

The frequent use of prolonged solitary confinement fails to comply with international standards, such as the Mandela Rules, which prohibit this practice. The lack of independent review increases the risk of abuses and rights violations.

In addition, prolonged solitary confinement has a devastating impact on the physical and mental health of prisoners, leading to severe psychological disorders such as extreme anxiety and post-traumatic stress disorder. These practices are considered a form of torture.

The case of Tangallo is yet another example of the inhumane conditions to which prisoners are subjected in Cuba, and of the particularly severe reprisals faced by political prisoners.

Translated by GH

Can the Police in Cuba Ask for Identification Without Any Reason? / Cubalex

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

In this case, it is likely that the user was allowed to continue without inconvenience because she was a foreigner. However, if she had been a Cuban citizen, it is very likely that she would have been treated differently, with stricter and more prolonged restriction.

This practice, in addition to being common, has serious implications for human rights and individual freedoms, as it can invade privacy, restrict freedom of movement and create a climate of constant surveillance. It also encourages discrimination and arbitrary treatment, undermining fundamental principles such as the presumption of innocence.

If you need more information on this issue or legal advice, do not hesitate to contact the Cubalex legal team at info@cubalex.org or request safe legal advice through our Telegram channel: +1 901-205-9786.

We provide you with free and completely confidential legal advice.

Translated by GH

Lack of Access to Justice in Cuban Prisons / Cubalex

Cubalex

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

Conditions of Isolation and Punishment in Cuban Prisons / Cubalex

Prison in Cuba / EFE

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

May 11 to December 16, 2003, accumulating more than seven months in solitary confinement, stand out. Alfredo Felipe Fuentes and others imprisoned during the Black Spring of 2003 endured more than ten months in punishment cells in Guanajay prison. Alcibiades Idelmaro Brizuela, for his part, spent seven months in a punishment cell in Kilo 8, Camagüey, and then a year in solitary confinement on a floor of that prison. Lisandra Rivera spent three months and ten days in a punishment cell in Mar Verde women’s prison, Santiago de Cuba, in early 2017.

Arbitrary and precarious conditions

The reasons for placing a prisoner in a punishment cell are often arbitrary and varied, ranging from hunger strikes and rights claims to political activism and telephone complaints to independent media or family members. In some cases, prison authorities resort to this measure pre-emptively based on their assumptions about the prisoner’s behaviour.

The conditions of the punishment cells in Cuba are extremely precarious and degrading. The dimensions of these cells are very small, with some measuring only two metres wide by less than four metres long, including both the bathroom area and the dormitory. In some cases, these dimensions are even smaller, exacerbating the feeling of claustrophobia and extreme confinement. Sanitary facilities are equally poor; instead of proper toilets, there is a simple hole in the floor, known as a ‘Turkish bath’. The water supply is scarce and provided only once a day for a short period of time, making it difficult to maintain personal and cell hygiene.

Hygiene in these cells is deplorable. Inmates must clean their spaces with whatever means they can get, often facing insanitary conditions and insect infestations. Lack of adequate lighting and insufficient ventilation further aggravate living conditions; many cells have no windows or only small openings for ventilation. Furnishings are minimal and rudimentary: beds are often made of concrete or metal, often without mattresses, forcing inmates to sleep on hard, uncomfortable surfaces.

Torture and Punishment Practices

The use of solitary confinement in Cuba is not only limited to isolation, but often includes additional practices of torture and punishment. Prisoners may be handcuffed in painful positions and left like this for long hours, as was the case with Lisandra Rivera, who was handcuffed for 26 hours without access to food and water.

Treatment during solitary confinement is cruel and dehumanising. Deprivation of drinking water is also used as additional punishment, forcing inmates to consume contaminated or insufficient amounts of water. Cells are cold and damp, and adequate bedding is not provided. In many cases, prisoners are left in their underwear, intensifying their physical and psychological suffering. Reports of violence are alarming: inmates may be taken to punishment cells after brutal beatings by guards. Torture techniques are common and include hanging prisoners by handcuffs, throwing them down stairs while handcuffed, and handcuffing them face down, causing extreme pain and severe injuries.

In addition, prisoners on hunger strike are subjected to sleep interruptions, frequent cell changes and force-feeding, practices that seek to break their will and resistance. The psychological impact of these inhumane conditions and prolonged isolation is devastating, causing severe stress, anxiety and other psychological problems, often leaving lasting effects on the mental health of those affected.

Impact on prisoner health

The impact of prolonged solitary confinement on prisoners is devastating, affecting both their physical and mental health. Constant anxiety, tachycardia and other psychological problems resulting from the extreme stress of conditions of confinement are common. In addition, lack of adequate medical care and wilful neglect further aggravate the health conditions of prisoners, who often do not receive treatment for their ailments while in solitary confinement.

Incompatibilities between Rule 45 of the Mandela Rules and the Cuban Penal Enforcement Law

There is a clear incompatibility between the provisions of Rule 45 of the Mandela Rules and Articles 122, 127 and 137 of the Cuban Penal Execution Law. The discrepancies are significant and affect both the duration and conditions of solitary confinement.

Duration of Isolation

Article 122 of the Cuban Penal Execution Law allows solitary confinement in a security cell for up to 15 days for men and 10 days for women, juveniles under 20 years of age and those over 60 years of age. This provision deviates from Rule 45 of the Mandela Rules, which prohibits prolonged solitary confinement, defined as more than 15 consecutive days. Furthermore, Rule 127 defines solitary confinement as a disciplinary measure in more restrictive conditions and separate from the rest of the prison population. Article 137 allows the use of solitary confinement for up to three months to protect the physical integrity of the prisoner or the security of the prison, which far exceeds the acceptable limit under the Mandela Rules.

 Rule 45 vs. Cuban Law: A Conflict in the Use of Isolation

The first incompatibility lies in the duration of solitary confinement. While Rule 45 states that prolonged solitary confinement should not be permitted, the Cuban Penal Execution Law allows for solitary confinement for up to three months. This represents a significant discrepancy and a possible violation of international human rights standards.

Secondly, Rule 45 specifies that solitary confinement should be used as a last resort and only in exceptional cases. However, the Cuban Penal Execution Law allows for the use of solitary confinement as a relatively common disciplinary measure, indicating that it is not necessarily considered as a last resort.

 Isolation without independent review in Cuban prisons

Another incompatibility is the lack of independent review. Rule 45 requires that the imposition of solitary confinement be reviewed by an independent authority to ensure its proper use and prevent abuse. In contrast, the Cuban Penal Enforcement Law gives the head of the prison the authority to decide on solitary confinement without the need for external and independent review, which could lead to arbitrary decisions.

Protection of vulnerable groups

In addition, Rule 45 prohibits the solitary confinement of prisoners with physical or mental disabilities that could be aggravated under such a regime, as well as women and children in certain cases. Although the Cuban Penal Enforcement Law excludes some vulnerable persons, such as pregnant women, prisoners under the age of 18 and persons with disabilities, it also allows for exceptions that could lead to arbitrary use of solitary confinement without adequate external control.

 Conclusions

In summary, the main incompatibilities between Rule 45 of the Mandela Rules and the Cuban Penal Enforcement Law lie in the permitted duration of solitary confinement, the lack of requirements for its use as a last resort, the absence of independent review and the insufficient protection for vulnerable groups. These discrepancies show that the Cuban Penal Execution Law does not comply with the international standards established by the Mandela Rules, which can lead to situations of abuse and violation of the human rights of prisoners.

It is crucial that the Cuban authorities undertake reforms to bring themselves in line with international standards, thus ensuring humane and dignified treatment of all prisoners. Independent monitoring and strict implementation of rules prohibiting prolonged solitary confinement and torture are essential steps towards the protection of human rights in prisons.

As citizens, it is important to be informed about these rights and to report any observed violations. Human rights organisations can provide support and advice to report these abuses and work towards a more just and humane prison system.

The post Conditions of isolation and punishment in Cuban prisons appeared first in Cubalex.

Translated by GH

The Death of Ernesto Figueredo and the Urgent Demand for a Thorough Investigation / Cubalex

Ernesto Figueredo Alarcón

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

The lack of transparency and opacity in the handling of the case raises serious concerns about the authorities’ handling of the case. This is especially critical when there are international obligations and protocols for cases that could represent potentially unlawful killings and, in particular, extrajudicial executions, which must be observed by states.

International human rights law, specifically the International Covenant on Civil and Political Rights (ICCPR), states in Article 6 that the right to life shall be protected by law and that no one shall be arbitrarily deprived of his or her life. In addition, the Minnesota Protocol calls for a rigorous investigation of all suspicious deaths to determine whether an extrajudicial killing has taken place. In this context, the State has a responsibility to thoroughly investigate these deaths, to adequately punish those responsible and to provide transparency and information to the families of the victims.

Extrajudicial executions are defined as the arbitrary deprivation of life committed, encouraged or condoned by the State, outside the framework of a fair trial and due process. They are characterised by the intentional use of lethal force without legal justification, the absence of a proper trial or due process and the involvement of State agents.

In the case of Ernesto Figueredo Alarcón, there are several elements that suggest the possibility of an extrajudicial execution. First, there is the involvement of a state agent, as he was shot by a policeman, which is a fundamental criterion for considering this type of execution. In addition, it must be assessed whether the use of lethal force was intentional and lacked legal justification, considering that there was no reported threat or situation of danger to justify it. It has also been pointed out that the police officer may have had mental problems, which would indicate state negligence in the supervision and allocation of weapons. Finally, the shooting occurred outside of due process or trial, with no indication that the youth was involved in criminal activity that would justify an armed intervention, nor was there any attempt at arrest or due process.

A thorough investigation to clarify all details of the incident, including the mental condition of the police officer and the precise circumstances of the shooting, is essential in order to reach a definitive conclusion on intentionality and possible state responsibility.

The lack of transparency and information from the authorities suggests a serious deficiency in the fulfilment of their obligations to adequately investigate and punish cases of potentially unlawful killings. It is essential that the Cuban state conduct an investigation in accordance with international standards, otherwise it would demonstrate complicity, negligence and lack of reparation to the victims.

References

United Nations (1989). Minnesota Protocol for the Investigation of Potentially Unlawful Deaths.

United Nations (1979). International Covenant on Civil and Political Rights.

United Nations (1990). Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

The post The death of Ernesto Figueredo and the urgent demand for a thorough investigation appeared first on Cubalex.

 Translated by GH

How To Protect the Rights of a Family Member in Prison? / Cubalex

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

to raise awareness of your family member’s situation, but make sure to protect their privacy and safety by only sharing personal details when absolutely necessary.

 Medical history and alternatives

Although medical services in prison are under the control of the authorities, you can seek alternatives to check on your relative’s health. For example, you could:

    •  Seek the opinion of a trusted doctor outside the prison system: Although he or she may not have direct access to your family member, a doctor can help you understand the situation based on the information you gather.
    •  Review the symptoms described: Ask your family member to describe his or her symptoms in detail and share this information with a trusted doctor to get a preliminary assessment.
    •  Seek legal advice: Contact a human rights lawyer to help you put pressure on the prison authorities to improve medical care.

 Complaints and human rights organisations

It is important to report any human rights violations to international human rights organisations. These organisations can help escalate your complaint and put international pressure on prison authorities to fulfil their obligations. Contact independent journalists and human rights organisations to publicise your family member’s situation safely and effectively.

Additional advice

    •  Connect with support networks: Forming a support network with other family members can provide additional strength and resources.
    •  Protect your identity: When posting information online, be sure to protect your identity and that of your family member.
    •  Be persistent: Complaints may not receive an immediate response. Continue to document and report violations in a persistent manner.

 Risk assessment

Reporting violations through social networks and the media can generate public pressure, but it can also have serious consequences for prisoners and their families. Prison authorities may impose additional sanctions if they interpret these actions as disobedience or defiance. Use intermediaries such as independent journalists and human rights organisations to reduce the risk of direct reprisals.

The decision to report violations should be carefully planned to minimise risks. Using intermediaries and maintaining anonymity is crucial to protect prisoners from reprisals. Transparency and accountability are essential to improve prison conditions and ensure respect for human rights, but achieving these goals requires a strategic and well-informed approach.

These recommendations can help to identify, document and report human rights violations in the prison system, even in a context where knowledge of human rights is limited.

The post How to protect the rights of a family member in prison? appeared first in Cubalex.

Translated by GH

The Prosecution: The Case of Sulmira Martínez Pérez / CUBALEX

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

Human Rights in Crisis and the Closure of Civic Space in Cuba / CUBALEX

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

Monthly Report on the Human Rights Situation in Cuba (July 2023) / Cubalex

Cubalex, 8 August 2023 — The month of July was marked by the second anniversary of the 11 July 2021 (11J) anti-government protests and the internal and external reactions it generated.

Inside Cuba, the date provoked a considerable increase in the level of repression, which will be detailed below;  there were several protests in prisons including posters and chanting anti-government slogans, fasting, hunger strikes, shaving of heads and refusal to use mattresses, sewing up mouths, requests for transfer to punishment cells, wearing white clothes, and other forms of peaceful protest. On the streets some people remembered 11J with fasts, walks and individual protests in front of government buildings. During the month there were three street closures in Havana by people protesting against power cuts, lack of water and neglect by the authorities.

In mid-July, the National Assembly of People’s Power (ANPP) met and approved the Military Penal Code Law, which establishes two to five years in prison for anyone who tries to evade military service, which is compulsory in Cuba for male citizens. In presenting the law to the ANPP, the president of the People’s Supreme Court (TSP) Rubén Remigio Ferro defended the continuation of the death penalty in Cuban law as “an element of defence of the Revolution”. ANPP president Esteban Lazo also referred to fines, confiscations, withdrawal of licences and prosecutions of self-employed workers who violate state price control regulations.

Internationally, Cuban President Díaz-Canel headed the Cuban delegation that took part in the European Union-Celac Summit, where, under pressure from the bloc of Latin American countries allied with Russia, the meeting’s declaration did not openly condemn Russia for its invasion of Ukraine. Furthermore, one of the clauses of the document condemned the US embargo against Cuba and denounced the inclusion of the Cuban regime on the list of state sponsors of terrorism. Members of Cuban state and public organisations participated in the People’s Summit, which ran parallel to this event. During the Summit, the Cuban leader held meetings with the President of the European Council and the United Nations High Commissioner for Human Rights.

The complete report can be read here: Informe-Julio-2023

Translated by GH

Solitary Confinement: More Cruel and Inhuman Treatment of Detained Persons by the Cuban State / Cubalex

The solitary confinement of persons deprived of liberty in Cuba.

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

In the penitentiary system, it is considered serious indiscipline to formulate complaints or petitions individually or collectively, as an expression of assuming positions of force or disobedience to the penitentiary authority; as well as “disseminating false information by any means of communication or social networks”. These types of complaints have been described by the government as “spreading false news, offensive messages, defamation with an impact on the prestige of the country”, to which they attribute a high level of danger.

Such a prohibition renders the realisation of the right to make complaints illusory and violates the right to address, without censorship as to substance, a request or complaint about their treatment to the central prison administration and to the judicial or any other competent authority, including authorities with review or appeal powers. Furthermore, it violates prisoners’ right to information, in relation to authorised methods of enquiry, as well as access to procedures for making petitions or complaints.

Persons deprived of their liberty and their relatives are exposed to reprisals, intimidation or other punishments for filing a complaint, petition or grievance, or for reporting an official for mistreatment or corruption, which would be sufficient cause for prosecution for the crime of contempt, defamation or assault on authority.

During 2022 the situation of political prisoners and their families worsened. Many of the 11 July 2021 (11J) protesters were tried, while the government launched a disinformation campaign, trying to show that the trials of the protesters respected all legal guarantees or denying that any minors were imprisoned for 11J. As a result of the violations of the right to a fair trial or because of the conditions in prison, several political prisoners started hunger strikes in prison, as a method of peaceful protest.

The topic: Solitary confinement: more cruel and inhuman treatment of detained persons by the Cuban state, was first published in Cubalex

Translated by GH

Monthly Report on the Situation of Human Rights in Cuba (February 2023) / Cubalex

Cubalex, 14 March 2023 — In February 2023, the human rights situation in Cuba continued to worsen. The two most frequent factors were state repression and the authorities’ inability to satisfy basic social needs such as provision of electricity, medicine and food. In a context where Cuban citizens are unable to achieve a decent life due to the failure of the state to meet its obligations, repression is generalized and sustained over time.

Among the incidents recorded by Cubalex the applied practices of state agents are notable. Most of the acts were documented in Havana, although some also occurred in Matanzas, Camagüey and Mayabeque. In February we documented an increase in repressive practices.

The full report can be read and downloaded here.

Translated by: Silvia Suárez

Monthly Report on the Human Rights Situation in Cuba: January 2023 / Cubalex

Cubalex, January 2023 — In January 2023, the human rights situation continued to worsen in Cuba. The two main factors that were most influential were state repression and the inability of authorities to satisfy basic social needs such as supplying electricity, medicine, and food. In a context where it is impossible for Cuban citizens to live a decent life due to the failure of the state to comply with its obligations, the repression is generalized and sustained over time. In addition, the attempts by the Cuban government to advance its relationship with the United States gained media attention.

Among the incidents reported by Cubalex the practices applied by agents of the State stand out. Most of these events reported were in Havana, although they also occurred in Cienfuegos, Pinar del Río, Matanzas and the special municipality of Isle of Youth. Most of these practices are selective and individualized, but on occasion they include entire families. In January, there was an increase in the number of repressive practices such as arbitrary detentions and threats and harassment, not only physical, but also digital.

The complete report is available to read and download here, in Spanish: Report-January-2023-with-Corrections.

Translated by: Silvia Suárez

Statement of Human Rights Organizations on the Situation of Cuban Political Prisoners / Cubalex

Cubalex, 20 February 2023 — The recent release of 222 political prisoners in Nicaragua and their immediate deportation to the United States, has raised the alarm among Cuban civil society regarding a similar “solution” to the current context on the Island. The protests of 2021 and 2022 resulted 768 protesters behind bars, a five-fold increase in the number of political prisoners since July 2021 (152).

The alarm is caused by conversations between the Cuban government and organizations such as the Catholic Church, the European Union and the United States Government, which have expresses positions in favor of the unconditional release of the political prisoners.

A precedent, two events in Cuba’s recent past: the release and exile in 2010 of most of the political prisoners of the Black Spring (2003), as part of a negotiation process to modify the Common Position of the European Union with regard to Cuba. Also in 2015, the release 53 political prisoners and subsequent exile for some as the only path to leave behind the pressures of State Security, as part of the negotiation process for reestablishing relations between Cuba and the United States.

Rappoteurs of the special proceedings of the UN Human Rights Council have expressed concern over the “forced exile” and threats of forced exile and have stated that “authorities would be directly involved in the physical expulsion of those affected”, or would have created a “markedly cohersive context of continuous threats, harassment and violations of human rights,” also against family members of those affected.

Although the Cuban case is referenced, in 2019, it is a valid warning for other scenarios. Sadly, it is a systematic practice of repressive regimes. The Nicaraguan political prisoners didn’t participate in the negotiation process either. They were not informed that the condition of their release was forcibly exiting their country.

Thus, the signing organizations:

1-Maintain that the deprivation of liberty as a form of punishment for continue reading

exercising freedom of expression, assembly and association, and forced exile are reportable practices. The Cuban government uses them repeatedly to gain advantage in political, diplomatic and economic negotiations, as as a method of exerting social control and demobilizing civil society.

2-We consider, faced with an eventual negotiation between governments for the release of Cuban political prisoners, that it must be a process of humanitarian value. No citizen should be deprived of freedom for exercising their right to express themselves and protest. Their release, therefore, should be immediate.

3-We highlight that forced exit from the country as a condition for freeing or releasing political prisoners is a violation of the right to freedom of movement, as stated in the first paragraph of Article 12 of the Covenant on Civil and Political Rights. No person, much less those deprived of liberty under inhumane conditions in Cuban prisoners, can be forced to abandon the country as a condition to achieve their release or ultimate freedom. Whoever negotiates with the Cuban government should request guarantees that the person deprived of their liberty will decide on whether to leave the country without pressure from State Security. The pressure in these cases is a form of forced exile.

4-We believe that the participation of those deprived of liberty and their family members in the exit negotiations should be prioritized. The victims must be at the center of the negotiations. In addition certain minimum guarantees would be necessary for those who freely and voluntarily decide to leave the country, such as facilitating the processes for relocation and for obtain legal status and access to rehabilitation services.

5-We propose that prisoner releases and subsequent deportations that do not consider the mentioned guarantees for the victims be subject to questioning by human rights organizations and democratic governments, regardless of whether they are part of the negotiations. We oppose any laudatory pronouncements such as those made by the U.S. State Department, in which acts violating human rights are presented as “positive steps” for the consolidation of relations between countries and a path toward democracy.

The signing organizations have accompanied the Cuban government’s victims of repression, including those incarcerated as a result of the protests in the last two years. We welcome with hope the idea that they will be release, under any possible form. At the same time, we warn that the causes of this citizen unrest, as well as the repression–reinforced by the new Criminal Code — remain in effect. The spiral of violence, resistance and punishment will not cease until a Democratic State of Law governs Cuba, with full respect for human rights. A search for that Justice, in the present and in the future, calls to us and unites us.

On this 20th day of February, signed:

The declaration can be found here.

Translated by: Silvia Suárez

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