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
