| Subject: |
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Essential Measures Part 2 |
| Name: |
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Human Rights Now |
| Date Posted: |
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Jun 5, 03 - 1:46 PM |
| Website |
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http://www.amnesty.org |
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The dissidents were not charged under articles of the Penal Code covering spying or revelation of secrets concerning state security (articles 95-97), and the evidence given does not point to such activity. None of them held sensitive positions of authority through which they would have access to privileged information. Whatever the merits of the Cuban government's argument with the United States over its practices in Cuba, a review of the limited information contained in the trial documents indicates that the specific behaviour for which dissidents were prosecuted was non-violent and seemed to fall within the parameters of the legitimate exercise of fundamental freedoms rather than those of any recogniseable criminal activity.
According to the trial documents available, the activities on which the prosecutions were based included, among others,
· publishing articles or giving interviews, in US-funded or other media, said to be critical of economic, social or human rights matters in Cuba.
· communicating with international human rights organisations.
· having contact with entities or individuals viewed as hostile to Cuba's interests, including US functionaries in Cuba and hardline figures or groups in the Cuban exile community in the United States and Europe.(90)
· distributing or possessing material, such as radios, battery chargers, video equipment or publications, from the US Interests Section in Havana.
· being involved in groups which have not been officially recognised by the Cuban authorities and which were accused of being counterrevolutionary, including among others unofficial trade unions, professional associations such as doctors' and teachers' associations, academic institutes, press associations and independent libraries.
Despite the Cuban government's claims that such acts threatened national security and therefore warranted prosecution, the above activities constitute legitimate exercise of freedoms of expression, assembly and association, and cannot in themselves justify the authorities' repressive reaction.
Some examples of US government funding for Cuba
Radio Martí was established by the the 1983 Radio Transmissions for Cuba Act. It began broadcasting from the US into Cuba in 1985, with a budget for this fiscal year of US$ 15,000,000. (Source: www.martinoticias.com/mision.asp)
The United States Agency for International Development (USAID) provides funds for work on Cuba pursuant to the 1992 Cuban Democracy Act and the 1996 Cuban Liberty and Solidarity ('Libertad') Act (Helms-Burton Act). The goal of the program is to "promote rapid, peaceful transition to democracy in Cuba, helping develop civil society." The program description states that USAID policy precludes recipients from using grant funds to provide cash assistance to any person or organisation in Cuba.
Recipients under the project for "Building solidarity with Cuba's human rights activists" include:
· Freedom House: Cuban Democracy Project ($1,325,000): "promotes the formation of civil and political leadership in Cuba by linking professional organizations in Cuba to one another and to those in free democracies."
· Grupo de Apoyo a la Disidencia (Dissidence Support Group) ($2,700,000): "provides humanitarian assistance and informational materials to political prisoners and their families and other victims of repression."
· International Republican Institute ($2,174,462): "helps create and bolster international solidarity committees in Latin America and Europe to provide material, moral and ideological support for democratic activists in Cuba."
Recipients under the "Giving voice to Cuba's independent journalists" project include:
· Cuba Free Press ($280,000 - completed): "published the work of professional and independent writers and journalists inside Cuba."
· CubaNet ($833,000): "expanding its comprehensive internet on-line coverage of Cuba's independent journalists, and other national and international press reports on Cuban human rights and economic issues."
The "Helping develop independent Cuban NGOs" project recipients include:
· Pan American Development Foundation ($553,500): "establishes linkages between Cuban NGOs and counterpart NGOs operating elsewhere in the Americas, to demonstrate how NGOs function within democratic societies. Provides information and material assistance to Cuba's independent libraries."
· University of Miami: developing civil society ($320,000 – completed): "facilitated access to information and training for Cuban NGOs and individuals."
· Florida International University: NGO development ($291,749): "trains Cuban NGO leaders in management and delivery of social services."
The "Planning for transition" project recipients include:
· US-Cuba Business Council ($852,000 – completed): "surveyed US private sector resources and plans to assist the eventual reconstruction of the Cuba economy. Conducted a conference series on Cuba's democratic free market future."
· University of Miami: Cuba transition planning ($1,545,000): "analyzes challenges that will face a future transition government in Cuba, including: legal reform, political party formation, privatization and foreign investment, combating corruption, education reform, economic policy reform, international donor coordination."
(Source: USAID webpage, www.usaid.gov/regions/lac/cu/upd-cub.htm).
4.3. The trials: summary justice
As mentioned previously, the treatment of those detained in the March mass arrests was different from those caught up in previous crackdowns in February and December 2002. In the earlier arrests, dissidents were either released after a short period or held for long stretches without trial. One factor of note about the March arrests was the speed with which trials were organised and held; the majority of trials were concluded by the end of the first week of April.
As Amnesty International and other human rights organisations have previously noted, the right to a fair trial is severely limited in Cuba, with the courts and prosecutors under government control. Article 75 of the Constitution states that Cubas National Assembly should elect the President, Vice-President and the other judges of the Peoples Supreme Court, as well as the Attorney General and the Deputy Attorney General.(91) According to Article 121 of the Constitution, the courts are hierarchically subordinate to the National Assembly and the Council of State. This raises concerns with regard to the internationally-recognised right to trial by an independent and impartial tribunal.(92)
The full exercise of the right to defence is also problematic, as lawyers are employed by the Cuban state and as such may be reluctant to challenge prosecutors and the evidence presented by the security apparatus. This raises concern with regard to respect for the right to an effective defence.(93)
The dissidents' trials were generally held in provincial courts. Once the prosecution has prepared its case, the defendant is meant to be allowed access to a defence lawyer, although this was reportedly not respected in these cases. In instances where the defendant did not appoint a lawyer, an abogado de oficio, ex-officio advocate, was assigned. Family members and colleagues of the accused charged that the authorities denied the attorneys access to the defendant and said that as a result they had been unable to prepare their defense, in violation of international fair trial standards.
The hearings took place in front of panels of judges. Although some family members and others were allowed to attend, foreign diplomats and some journalists were barred from entering.
Foreign Minister Pérez Roque defended Cuba's recourse to summary trials in these cases, and denied claims that the right to an adequate defense had not been respected. In a press release following the trials, he noted that 54 attorneys took part in the 29 trials, representing 75 dissidents; and that of these 44 were named by the defendants or their families. He maintained that foreign diplomats had no reason to attend the trials.
A total of twelve reported state security agents testified at the April trials; they had been involved in the dissident movement for a number of years, and several of them had become prominent leaders of groups of journalists or other activists.(94) Some observers expressed the opinion that the fact that the government was willing to reveal so many of its agents indicated the seriousness of the crackdown.
In a recorded 9 April press conference, Foreign Minister Felipe Pérez Roque presented journalists with a series of pieces of evidence from the dissidents' trials. Copies of these were distributed at the United Nations Human Rights Commission, and a copy is attached here as Appendix 1. The evidence includes:
· A copy of an open entry badge to the US Interests Section in the name of dissident Oscar Elías Biscet.
· A list entitled 'Summary of shipments carried out' from what appears to be an account based in Coral Gables, Florida, USA, for Frank Hernández Trujillo, reportedly head of the US-based Grupo de Apoyo a la Disidencia, Group for Support to Dissidence. The list contains dates; dispatch numbers; names and identity card numbers of recipients, some of whom were caught up in the crackdown; and the type of goods. These included money, videos, lamps and telephones.
· Two photos of James Cason with what appears to be the same group of individuals; the captions say "James Cason founds the 'youth wing of the Liberal Cuban Party'" and "James Cason shares snacks with the 'future' of subversion." A third photo shows Cason with prominent dissident Marta Beatriz Roque Cabello.
· A photocopy of what appears to be the cover of a magazine, 'De Cuba: Revista de la Sociedad de Periodistas Manuel Márquez Sterling, miembro de la Red Internacional de Reporteros sin Fronteras,' From Cuba: Magazine of the Journalists Society 'Manuel Márquez Sterling', member of the International Network of Reporters sans frontières, dated December 2002. The subtitle says that the magazine was printed in the US Interests Section.
· A handwritten signed note on letterhead of the 'Bibliotecas independientes de Cuba,' 'Independent Libraries of Cuba,' apparently referring to the receipt and spending of US dollars.
· Three handwritten notes, apparently to dissident Osvaldo Alfonso, on letterhead marked 'Carlos Alberto Montaner.'(95) The text of the notes indicate that two were accompanied by a sum of US$ 200 and the third by 30,000 Spanish pesetas. The text of one says that "everyone has as an outlook the death of Fidel. Afterwards, we'll see." The text of another mentions the Varela Project. The explanatory note gives the full text as "Very soon some high level Spanish friends will call you to talk about the Varela Project. I suggested five names to found this new idea," although only the beginning of the second sentence is visible in the photocopy provided.
Again, despite the Cuban authorities' claims that this evidence demonstrated a threat to national security and therefore warranted prosecution, the evidence in itself is not indicative of any obvious criminal activity, and cannot in itself justify the authorities' repressive reaction.
4.4. Sentencing
For many of the defendants, the prosecution called for the upper limit of the prescribed sanction. A number of defendants faced calls for life imprisonment, on the basis of 1999 revisions to the penal code:
The sanction of life imprisonment can be imposed as the principal sanction in crimes for which it is expressly provided or alternatively in those which provide for the death penalty.(96)
In one instance, that of José Daniel Ferrer García, prosecutors reportedly called for the death penalty.(97) At sentencing, one activist received a sentence of six years; the rest received between ten and 28 years.
5. Individual case summaries: the faces of the dissident movement
The 75 dissidents caught up in the crackdown represent all facets of the dissident movement in Cuba. They include longtime activists, some well-known and some less so. Below are summaries, based on past Amnesty International work and the available information, of their backgrounds and involvement in the dissident movement. Where available, the summaries conclude with an overview of the accusations against them in the trial documents. The text box includes descriptions of some important initiatives in the recent history of peaceful dissent in Cuba, which may be helpful in tracing the activities of some of the individuals targeted in the crackdown.
The case summaries below have been arranged alphabetically. The 75 individuals described were all arrested in the March crackdown, and have subsequently been sentenced to harsh prison terms following summary trials. Amnesty International considers them to be prisoners of conscience, detained solely for the peaceful exercise of fundamental freedoms.
The information contained in these summaries is current as of this document going to print.
The Concilio Cubano, Cuban Council, was a forum of some 140 unofficial groups including human rights groups, political opposition groups, and groups of journalists, lawyers, women, young people, economists, engineers, ecologists and trade unionists. It was established in October 1995 to work for political change through peaceful means. Its aims included an amnesty for political prisoners; respect for the Constitution; fulfillment of Cuba's international human rights obligations; lifting of labour restrictions; and movement towards more free and open direct elections.(98)
Concilio Cubano members were subjected to a government crackdown in late 1995 and early 1996; a planned national meeting scheduled for 24 February 1996 was eventually banned by the authorities.(99) Scores of people were arbitrarily detained; though most were released shortly thereafter, four were sentenced to prison terms and were considered prisoners of conscience by Amnesty International.
The "Todos Unidos," "All Together" movement of dissident groups was formed in the runup to the 1999 Ibero-American Summit. Their Joint Declaration on the occasion of the Summit was, over the next years, signed by a growing number of individuals representing a significant number of dissident groups across the island. In March 2001, 117 "Todos Unidos" signatories issued a proclamation in favour of the Proyecto Varela referendum movement (see below), and "Todos Unidos" members were instrumental in gathering signatures and support for Proyecto Varela. In December 2002, the "Todos Unidos" movement released a series of Proposals for measures to resolve the crisis, including a range of economic, labour, social and legal measures to reform national life.
The Proyecto Varela is a petition for referendum on legal reform which seeks greater personal, political and economic freedoms, as well as amnesty for political prisoners. It is led by Oswaldo Payá Sardiñas, of the Movimiento Cristiano Liberación, Christian Liberation Movement, and signatures were collected by a broad range of organisations. In March 2002 project organisers reported having collected the 10,000 signatures constitutionally required to hold a referendum; these were submitted to the National Assembly. In December 2002 Oswaldo Payá received the European Union's top human rights award, the Sakharov Prize, named after the late Soviet dissident.
Activists for the Proyecto Varela have been subjected to threats, short-term detention, summons, confiscation of materials and other forms of harassment by State Security agents; several of the initiative's leaders were arrested in the recent roundup.
1. Nelson Alberto Aguiar Ramírez, aged 57, is president of the unofficial Partido Ortodoxo de Cuba, Cuba Orthodox Party, and a member of the recent initiative, Asamblea para Promover la Sociedad Civil, Assembly to Promote Civil Society. He is an electrician by profession, and has been involved in activities critical of the government for a number of years. In one example, in December 1999 he was detained during a mass arrest of dissidents aimed at preventing them from participating in celebrations commemorating the 10 December anniversary of the Universal Declaration of Human Rights.
He was detained on 20 March 2003,(100) and his house was carefully searched, with a number of documents reportedly confiscated. The prosecution claimed that he had been involved in anti-governmental activities since the 1990s, that he had received funds from the US government and that he had been a member of the unofficial Confederación de Trabajadores Democráticos de Cuba, Confederation of Democratic Workers of Cuba, since 2000.
Nelson Aguiar was charged under articles 6.1 and 11 of Law 88.(101) He received a 13-year sentence.(102) He is currently serving his sentence in Boniato provincial prison in Santiago de Cuba.
2. Osvaldo Alfonso Valdés, aged 38, is president of the unofficial Partido Liberal Democrático, Liberal Democratic Party. He has been a member of the "Todos Unidos," "All Together" movement, and the steering committee of the Proyecto Varela initiative.
Osvaldo Alfonso was arrested on 18 March 2003. The verdict against him referred to his alleged ties to the United States Agency for International Development, USAID:
The accused ALFONSO VALDES was called to the US Interests Section in Havana by a USAID functionary to verify whether he was receiving the aid destined for them, in money, equipment, books and other materials, to promote and develop their work.(103)
The verdict also states that
Equally, the accused ALFONSO VALDES, PALACIOS RUIS [sic] and CANO RODRIGUEZ wrote and signed on 19 December 2002 in Havana a document called 'Cuba: proposals for measures to solve the crisis,' created by the union of different illegal organisations called 'Todos Unidos.' The document was disseminated abroad, a clear means of implementing the measures established by the Helms Burton law to increase the US blockade against Cuba, as the proposals in the two texts are very similar.(104)
This document, which was available on a number of websites, is described in the textbox at the beginning of this section. It proposed a number of economic, labour, social and legal measures to reform national life.
Osvaldo Alfonso was convicted under article 91 of the Penal Code, with "actos contra la independencia o la integridad territorial del Estado," "acts against the territorial independence or integrity of the state," as well as under articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2, 7.3, 8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88.(105) The trial verdict claimed that he had confessed to some of the activities of which he had been accused, and he received an 18-year sentence. The prosecution had asked for a life sentence for him.(106) He is currently being held in Guanajay prison, Havana province.
3. Pedro Pablo Alvarez Ramos, 55 years old, is President of the unofficial Consejo Unitario de Trabajadores Cubanos (CUTC), United Cuban Workers Council. The CUTC is affiliated with regional and international labour bodies such as the Central Latinoamericana de Trabajadores (CLAT), Latin American Workers Office, and the Confederación Mundial de Trabajadores, World Confederation of Labour. He served as a vice delegate in the 1995-96 Concilio Cubano initiative, and became involved with the Proyecto Varela in 2002.
Pedro Pablo Alvarez has been subjected to harassment and detention for his trade union activities since at least 1996. He was put under house arrest, summoned and interrogated on a number of occasions, during waves of mass arrests or harassment of Concilio Cubano activists.(107)
He was again detained in August and October 2000, apparently in relation to his work in preparing the first CUTC congress, planned for 20-21 October. Several other trade union members and dissidents were arrested with him on 13 October, and other leaders of the CUTC were visited and threatened with arrest should they attend the CUTC conference. He was subsequently held in detention for over three months, during which time he was formally charged with resisting arrest in November 2000.(108) He was released on 26 January 2001. The trial verdict indicated that he did not have a prior criminal record.(109)
On the morning of 19 March 2003 Pedro Pablo Alvarez' house was searched, and all the books of the private library there, the 'Biblioteca sindical Emilio Máspero,' were confiscated. He received a 25-year sentence under article 91 of the Penal Code(110) and is currently imprisoned in the Prisión Provincial de Ciego de Avila, Ciego de Avila Provincial Prison (called "Canaleta").
4. Pedro Argüelles Morán, 55 years of age, is a member of the Cooperativa de Periodistas Independientes, Cooperative of Independent Journalists. He is also a member of the Comité Cubano Pro Derechos Humanos, Cuban Committee for Human Rights, in Ciego de Avila. Neither organisation has been recognised by the Cuban authorities.
Pedro Argüelles has reportedly been harassed periodically for his activities since 1997, including through threats, warnings and short term detentions.(111)
Pedro Argüelles was sentenced under articles 6.1, 6.3b, 7.1, 7.3 and 11 of Law 88 to 20 years' imprisonment.(112) He is currently being held in the provincial prison in Santa Clara.
5. Víctor Rolando Arroyo Carmona, aged 52, is vice-president of the unofficial group Foro por la Reforma, Forum for Reform, as well as a member of the unofficial Unión de Periodistas y Escritores Cubanos Independientes (UPECI), Union of Independent Cuban Journalists and Writers.
In January 2000 Víctor Arroyo was sentenced to six months' imprisonment, reportedly for buying, with money sent by exile groups in Miami, toys for distribution to disadvantaged children.(113) The arrest took place during a period of clampdown on dissidents, in the aftermath of the 1999 Ibero-American Summit in Havana. He was released on 20 July 2000, and continued his activities, in spite of reported incidents of harassment.
Víctor Arroyo was arrested on 18 March 2003. On 5 April 2003 he was convicted of criminal activity under article 91 of the penal code and sentenced to 26 years in prison.(114) The text of the verdict noted, among other accusations against him, that he had been awarded the Hellman/Hammet human rights prize by Human Rights Watch. Although Víctor Arroyo lives and was tried in Pinar del Río, on the west end of Cuba, he has been transferred to the other end of the island and is currently being held in the provincial prison in Guantánamo.
6. Mijail Barzaga Lugo, aged 35, was reportedly detained on 20 March 2003, and charged with infractions under articles 4.1, 4.2b, 7.1 and 7.3 of Law 88.(115) He was sentenced to 15 years.(116)
According to the trial verdict, Mijail Barzaga had worked as an 'independent journalist' and was paid by US government funds:
It has been proved that the accused Mijail Barzaga Lugo, in 2002, wrote, as an 'independent journalist' in different websites like Cubanet, Cubaliberal and Payolibre (the first of which is financed by the North American government agency USAID), different articles of a subversive and counterrevolutionary type, with the obvious objective of their being used in campaigns to discredit the Cuban socialist state.(117)
Mijail Barzaga was tried in Havana, but is being held in the provincial prison in Santa Clara province.
7. Oscar Elías Biscet González, 41 years old, president of the unofficial Fundación Lawton de Derechos Humanos, Lawton Human Rights Foundation, has been detained over two dozen times in the past. In one instance, he was arrested on 3 November 1999 and served a three year sentence, charged with 'insult to the symbols of the homeland,' 'ultraje a los símbolos de la patria,' 'public disorder,' 'desorden público,' and 'incitement to commit an offence', 'instigación a delinquir.' During his imprisonment he was considered by Amnesty International to be a prisoner of conscience.(118) He was released on 31 October 2002 from a maximum security prison in Holguín province, and reportedly gave a press conference denouncing prison conditions a short time afterwards.
On 6 December 2002 Oscar Biscet was re-detained with 16 other dissidents after they attempted to meet at a home in Havana to discuss human rights.(119) When police prevented them from entering the home, Oscar Biscet and the others reportedly sat down in the street in protest and uttered slogans such as "long live human rights" and "freedom for political prisoners." The group was then arrested, though most of them were released shortly afterwards.
In spite of the fact that he was already in detention during the crackdown, Oscar Biscet was tried together with a number of dissidents who were arrested in March. He was sentenced under article 91 of the Penal Code to 25 years in prison.(120) Although he lives and was tried in Havana, he is currently imprisoned in Kilo 5 1/2 prison in Pinar del Río province.
8. Margarito Broche Espinosa, aged 45, was reportedly tried and fined after trying to leave the country illegally in 1992, and was said to have been harassed on several occasions in recent years.
He was arrested on 18 March 2003. According to the trial verdict, after his own attempt at leaving the country, Margarito Broche founded a group called Asociación Nacional de Balseros, Paz, Democracia y Libertad del Centro Norte de Cuba, the National Association of Rafters, Peace, Democracy and Liberty of North Central Cuba. The group was accused of having as its aims
To render homage to boat people who went missing or were returned [to Cuba] following attempts to leave the country secretly, and through this, to sabotage the migration accords signed between the governments of Cuba and the United States, creating a favourable atmosphere for the North American authorities to violate those accords and to search for justifications for toughening its policies against our people.(121)
Margarito Broche received a 25-year sentence under article 91 of the penal code.(122) He is currently being held in Guanajay prison in Havana province.
9. Marcelo Cano Rodríguez , 38 years old and a medical doctor, is National Coordinator of the unofficial Colegio Médico Independiente de Cuba, Cuban Independent Medical Association, an association of medical professionals around the island. He is also a member of the unofficial Comisión Cubana de Derechos Humanos y Reconciliación Nacional (CCDHRN), Cuban Commission for Human Rights and National Reconciliation.
Marcelo Cano was arrested on 25 March 2003 in Las Tunas, reportedly as he was investigating the arrest of another March detainee, Jorge Luis García Paneque. He had no previous criminal record. The activities which the prosecution cited against this human rights defender included visiting prisoners and their families as part of his work with the CCDHRN, and maintaining ties to the international organisation Médicos sin Fronteras, Doctors without Borders.(123)
Marcelo Cano was tried and convicted under article 91 of the Penal Code and articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2, 7.3, 8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88 to 18 years in prison.(124) Although he lives and was tried in Havana, he was transferred and is serving his sentence in the Prisión Provincial de Ciego de Avila, Ciego de Avila Provincial Prison (called "Canaleta").
10. Juan Roberto de Miranda Hernández, aged 57, is vicepresident of the unofficial Colegio de Pedagogos de Cuba, Teachers College of Cuba. He has reportedly been harassed and detained numerous times in the past for being involved in activities critical of the government.
On 7 September 1998 he was detained for three days during the most significant crackdown on anti-government activism since the January 1998 visit of the Pope to Cuba. The arrest occurred when he was taking part in a demonstration outside the court where another activist, Reinaldo Alfaro García, was being tried.(125) He was again briefly detained following a demonstration outside the trial of dissident Mario Julio Viera González in November 1998;(126) harassment against him and his family reportedly continued in subsequent years.
Following his March arrest, Roberto de Miranda received a 20-year sentence under the state security provisions of article 91 of the Penal Code.(127) The prosecution had requested a sentence of 25 years.(128)
The trial verdict contained one sentence regarding supposed links between Roberto de Miranda and an individual said to be connected to Alpha 66, a US-based Cuban exile group which has admitted carrying out violent attacks in Cuba in the past. However, aside from the assertion itself, there was no substantive information or evidence provided, and no accusation that Roberto de Miranda had plotted, encouraged or engaged in violent behaviour. As with the other cases, the activities for which he was tried appeared to amount to peaceful exercises of freedom of association and expression, for example the following:
In 1996 he created the illegal and counterrevolutionary College of Independent Teachers of Cuba, of which he named himself head. He also dedicated himself to intentionally and maliciously criticising the objectives of the Cuban education system, and tried to minimise the achievements in this area of our revolutionary process.(129)
For this reason Amnesty International considers that based on the available information, Roberto de Miranda, like the others tried following the crackdown, is a prisoner of conscience. He is currently imprisoned in Agüica prison, in the municipality of Colón in Matanzas province, though he was reportedly sent briefly to a military hospital on 20 April with heart problems. He also reportedly suffers from high blood pressure and kidney ailments.
11. Carmelo Agustín Díaz Fernández, 65 years old, is a member of the unofficial Unión Sindical Cristiana Cubana, the Christian Cuban Workers Union, and president of the also unofficial Agencia de Prensa Sindical Independiente de Cuba (APSIC), the Independent Union Press Agency. He is the Cuban correspondent for the Venezuelan magazine Desafíos, and his articles have also appeared on a number of websites. He has been reportedly harassed and threatened with imprisonment for his work as a journalist and trade unionist.
Carmelo Díaz was sentenced to 16 years under article 91 of the Penal Code.(130) He is currently being held in Guanajay prison in Havana province.
12. Eduardo Díaz Fleitas, aged 51, belongs to a number of groups in his province of Pinar del Río, including the unofficial Movimiento 5 de Agosto, 5 August Movement. A farmer by profession, he reportedly worked for the state as a young man, but joined the opposition movement at the beginning of 1990s. Since then, he has been subjected to regular harassment, including summons, interrogations, house searches and periods of detention.
On 10 November 1999 he was arrested together with another activist at a demonstration that had begun in Dolores Park, in the run-up to the IX Ibero-American Summit.(131) During the march the pair were reportedly injured by government supporters in the presence of the international press. After more than three months in detention, during which time he reportedly suffered medical problems and was moved to a military hospital, Eduardo Díaz was sentenced to a year's restricted freedom and house surveillance on 25 February 2000 for "desorden público," or public disorder.
Eduardo Díaz was convicted under articles 4.1, 4.2a-b, 6.1, 6.3a-b, 7.1, 7.3 and 11 of Law 88, and received a 21-year sentence.(132) According to the trial verdict,
It is known by everyone in the area that he directs an opposition group of so-called 'human rights,' carrying out activities and meetings, using our national flag and showing posters asking for freedom for political prisoners and prisoners of conscience, in a frank challenge to the judicial, political and social system.(133)
He is serving his sentence in Villa Marista, the headquarters of the Department of State Security.
13. Antonio Ramón Díaz Sánchez, 40 years old, is a member of the unofficial Movimiento Cristiano Liberación, Christian Liberation Movement, and has been active in the Proyecto Varela initiative. He is an electrician by profession.
Antonio Díaz was given a 20-year sentence for infractions under article 91 of the Penal Code.(134) This was the sentence requested by the prosecution.(135)
Although he lives and was tried in Havana, he has reportedly been transferred to the provincial prison of Holguín at the other end of the island to serve his sentence.
14. Alfredo Rodolfo Domínguez Batista, is also a member of the Movimiento Cristiano Liberación, Christian Liberation Movement, and has been involved in the Proyecto Varela initiative in Las Tunas province.
He was arrested on 19 March, tried and sentenced to 14 years. He began serving his sentence in "El Típico" provincial prison in Las Tunas, with four other men arrested in the crackdown. However, they were all transferred, reportedly after they had staged a protest in the prison. Alfredo Rodolfo Domínguez is now being held in Holguín provincial prison.
15. Oscar Manuel Espinosa Chepe, aged 62, is a former employee of the National Bank of Cuba. He also worked for the Cuban government as economic counsellor for the Cuban Embassy in Belgrade. Later, after expressing criticism of government policies, he became a journalist reporting on economic and other matters.
Since being detained Oscar Espinosa has suffered health problems. He is believed to be suffering from a liver condition, a thoracic hernia, persistent hyper-tension and weight loss. On 20 April he was transferred to a military hospital, though his family maintains that medical treatment was withheld.(136)
Oscar Espinosa was convicted under article 91 of the Penal Code and articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2, 7.3, 8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88 to 20 years in prison.(137) He was accused, among other activities, of "having a regular program on Radio Martí called 'Talking with Chepe,' where he gave distorted information on the Cuban economy." (138)
Oscar Espinosa lives and was tried in Havana but has been transferred to Guantánamo provincial prison in eastern Cuba to serve his sentence. His health problems reportedly continue, and he was said to have again been taken to hospital in late May.
16. Alfredo Felipe Fuentes is a member of the Consejo Unitario de Trabajadores Cubanos (CUTC), United Cuban Workers Council, and other organisations. He is said to have been active in collecting signatures for the Proyecto Varela initiative in Artemisa, Havana province, where he lives.
Alfredo Felipe was reportedly sentenced to 26 years. He is being held in Guamajal prison in the municipality of Santa Clara.
17. Efrén Fernández Fernández, age 54, is secretary of the Movimiento Cristiano Liberación, Christian Liberation Movement, and was active in the Proyecto Varela signature drive in Havana.
Efrén Fernández was convicted of state security violations under article 91 of the Penal Code and sentenced to 12 years.(139) The prosecution had requested 15 years.(140) He was tried in Havana and is serving his sentence in Guanajay prison in Havana province.
18. Juan Adolfo Fernández Sainz, 54 years old, is a trained English language translator, and reportedly worked in this field first with official structures and then with unofficial groups. He is also a journalist with the unofficial agency Patria, Fatherland.
In July 2002, the Cuban government reportedly denied him and three other dissidents permission to leave the country to participate in a seminar ''Cómo democratizar Cuba desde dentro,'' "How to democratise Cuba from within," at the European Parliament in Strasbourg, France.
Adolfo Fernández was found guilty of infractions under articles 4.1, 4.2b, 7.1 and 7.3 of Law 88.(141) He was sentenced to 15 years imprisonment,(142) and has been transferred from Havana to the prison in Holguín province, eastern Cuba.
19. José Daniel Ferrer García(143) is an active Proyecto Varela supporter and regional co-ordinator for the Movimiento Cristiano Liberación, Christian Liberation Movement, in Santiago Province.
José Daniel Ferrer has reportedly been detained and harassed on numerous occasions for his work. He was briefly detained in November 2000 together with other dissidents, apparently to prevent them from attending the trial of fellow dissidents. On 22 January 2002, he and other Proyecto Varela activists were said to have been forced from the bus in which they were travelling and beaten by the police. Referring to the incident and to his Proyecto Varela work, he told a US-based reporter, "we're for peaceful change as allowed under our Constitution. We aren't breaking any laws by collecting those signatures, and they know it. They know it."(144)
José Daniel Ferrer was sentenced to 25 years. The prosecution had reportedly requested the death sentence for him. He is serving his sentence in Kilo 5 1/2 prison in Pinar del Río in western Cuba, though he lives and was tried in Santiago de Cuba, at the other end of the island.
20. Luis Enrique Ferrer García, aged 27, is the brother of José Daniel Ferrer García. He also is a member of Movimiento Cristiano Liberación, Christian Liberation Movement.
Luis Enrique Ferrer has been harassed and detained on numerous occasions. In December 1999 he was reportedly sentenced to 6 months' restricted freedom for his refusal to pay a fine which he claimed was imposed upon him unfairly.
During his trial, Luis Enrique Ferrer's family members were said to have been denied access to the court room, instead having to wait in the corridor. At the end of the trial, members of the public were said to have insulted and displayed physical aggression against the family members, reportedly pushing Luis Enrique Ferrer's mother to the floor.
Luis Enrique Ferrer was sentenced to 28 years' imprisonment. He was transferred from "El Típico" provincial prison in Las Tunas to Combinado del Este, reportedly after being involved in a protest with other activists caught up in the March crackdown.
21. Orlando Fundora Alvarez, 47 years old, is president of the unofficial Asociación de Presos Políticos 'Pedro Luis Boitel,' or 'Pedro Luis Boitel' Political Prisoners Association. His wife, Yolanda Triana, is director of a private library and is also an active dissident. Orlando Fundora reportedly lived in the US for a period after the 1980 Mariel boatlift. He was accused of illegal entry into Cuba on 27 July 1991 and sentenced to two years' imprisonment. He was released in 1993.
Orlando Fundora and his wife have reportedly been subjected to frequent harassment in recent years, including short-term detention and interrogation. Their house has reportedly been attacked by unknown assailants.
Following his March arrest, Orlando Fundora was tried and sentenced under article 91 of the Penal Code to 18 years in prison.(145) He is being held in Combinado del Este prison in Guanabacoa municipality in Havana province. Since his detention, there have been concerns for his health, as he is said to suffer from hypertension and heart problems.
22. Próspero Gaínza Agüero is the delegate for Holguín province of the unofficial Movimiento Nacional de Resistencia Cívica 'Pedro Luis Boitel,' 'Pedro Luis Boitel' National Civil Resistance Movement.
Próspero Gaínza reportedly took part in a number of activities critical of the government, and in 2002 was said to have been briefly detained for his participation in a protest by members of his group to demand to release of a detainee charged with 'public disorder.'
He was detained on 18 March 2003, and believed to have been charged under Law 88, on the basis of 'subversive' activities and material found during a search of his house. He was tried in Holguín on 3 April 2003 and shortly after, sentenced to 25 years in prison. He is serving his prison sentence in Boniato provincial prison in Santiago de Cuba, and is said to be in poor health.
23. Miguel Galván Gutierrez is 38 years of age. He was born and lives in the town of Güines, Havana province, and is an engineer by profession. He has reportedly written articles for the unofficial press agency Havana Press and served as president of the unofficial Colegio de Ingenieros y Arquitectos de Cuba, College of Engineers and Architects of Cuba. He is also the area coordinator for Proyecto Varela.
In recent years Miguel Galván was reportedly harassed on numerous occasions, including through interrogation and short term detention. He was arrested on 18 March 2003, reportedly charged under Law 88 and Article 91 of the Penal Code and sentenced to 26 years in prison. He is serving his prison sentence in Agüica prison in the municipality of Colón in Matanzas province. Miguel Galván is said to be physically handicapped due to the effects of a past traffic accident, and his family has reportedly expressed concerns for his health.
24. Julio César Gálvez Rodríguez, aged 58, lives in Havana and works as a journalist. In 2001, he was allegedly sacked from the official radio stations Radio Ciudad de La Habana and Radio Cadena Habana for collaborating with the unofficial organization Cuba Free Press.
He reportedly continued his unofficial journalism work and was detained on 19 March 2003. He was sentenced under articles 4.1, 4.2b, 6.1, 6.3b, 7.1, 7.3, and 11 of Law 88, to a penalty of 15 years' imprisonment.(146) Although he is resident and was tried in Havana, he was transferred to the provincial prison in Santa Clara to serve his sentence. There are concerns for his health, as he is reported to suffer from high blood pressure.
25. Edel José García Díaz, 57 years old, worked as director of an unofficial press agency in Havana, and reportedly took part in a workshop on journalistic ethics held just before the crackdown.
According to reports Edel José García was harassed repeatedly during 1997, 1998 and 1999, including through short term detention, interrogation and official warnings.
Edel José García was convicted under articles 4.1, 4.2b, 6.1, 6.3b, 7.1, 7.3, and 11 of Law 88 and received a sentence of 15 years.(147) He was accused of writing articles about, among other topics, the poor physical condition of a school building in Havana, "accompanying this article with a photo of the state of this installation."(148) He is being held in Boniato provincial prison in Santiago, on the other side of the island from his home.
26. José Luis García Paneque, 38 years of age, lives in the province of Las Tunas. He is a plastic surgeon by training and a member of the unofficial Colegio Médico Independiente de Cuba, Cuban Independent Medical Association. He has also been involved in journalism, as director of the independent news agency Libertad and member of unofficial Sociedad de Periodistas, Journalists' Society, "Manuel Marquez Sterling." He was also reportedly involved in the Proyecto Varela initiative as well as directing a private library. In 2002, he was reportedly arrested and detained together with other journalists, but was later released.
José Luis García was detained on 18 March 2003. Following a search of his house, materials, correspondence and medical equipment were reportedly confiscated. He was said to have been charged and tried under Law 88 and Article 91 of the Penal Code, and given a 24-year sentence, even though the prosecution had called for a lesser sentence of 18 years. He is being held in Villa Clara prison, having reportedly been transferred from "El Típico" provincial prison in Las Tunas following a protest with other prisoners arrested in the March crackdown.
27. Ricardo Severino Gonzales Alfonso, 53, is president of the unofficial Sociedad de Periodistas "Manuel Marquez Sterling", "Manuel Marquez Sterling" Journalists' Society, and correspondent in Cuba of the international nongovernmental organization Reporters Without Borders. He also has a private library called the 'Jorge Mañach' Library in his home.
Ricardo Gonzales has been detained on many occasions. In October 1997 he was reportedly arrested for distributing reports of alleged human rights violations in the Santa Clara area. He was released without charge after two days but warned that if he did not stop writing such articles, he would have to choose between imprisonment and exile. Amnesty International believed him to be a prisoner of conscience.(149)
In 2001, Amnesty International received reports that he had been detained on 16 February, allegedly to prevent a seminar entitled "Ethics and Journalism" from being held in the library of which he is director. On that occasion, as on similar occasions on 22 February and 15 July 2001, he was apparently released after being questioned for several hours.
Ricardo Gonzales was arrested on 18 March and sentenced to 20 years' imprisonment under article 91 of the Penal Code.(150) The prosecution had called for life imprisonment, on charges that he was responsible for "aggressive and untrue publications against the Cuban Government."(151) The sentence document stated that:
"he wrote this type of information for the Fundación Hispano Cubano Americana, Cuban American National Foundation, based in Spain, for which he received sums of money from its president, Orlando Fondevila, who is of Cuban origin, he managed to get his articles, which were subversive and misleading in nature with regard to the Cuban system, published in various newspapers and magazines such as Encuentros en la Red and Reporters Without Borders, among others, from whom he received sums of money for his articles."(152)
Ricardo Gonzales is serving his sentence in Kilo 8 Provincial Prison in the province of Camagüey despite the fact that he lives with his family in the city of Havana.
28. Diosdado González Marrero has been an activist for several years and has been detained on several occasions. In January 2000 he was considered a prisoner of conscience by Amnesty International when he was detained during the government crackdown on dissidents during the Ibero-American Summit held in Havana in November 1999.(153) On that occasion he spent over six months in prison.
Diosdado González, who was arrested at the end of March, was reportedly convicted under Law 88. He is serving a 20-year sentence in Kilo 5½ Prison in the province of Pinar del Río. According to his family, he is being held in solitary confinement in a punishment cell from which he is only taken out for one hour a day to get some sunlight. He is also reportedly only allowed to receive restricted visits from members of his family.
29. Léster González Pentón, 26, is a member of the Movimiento pro Derechos Humanos Razón, Verdad y Libertad, Reason, Truth and Freedom Human Rights Movement, and delegate of the Confederación de Trabajadores Democráticos de Cuba, Cuban Confederation of Democratic Workers, in Santa Clara. Neither group has been recognized by the authorities.
Léster González had suffered police harassment in the past. For example, on 5 August 2002 state security officials apparently prevented him from leaving his house to stop him from participating in events organized by dissidents. In addition, on 9 July 2001 he was said to have been questioned by police and threatened with imprisonment if he did not work, despite the fact that he had reportedly been sacked from his job as a baker because of his activities with the Confederación de Trabajadores Democráticos de Cuba.
Léster González was arrested on 18 March and sentenced to 20 years' imprisonment for breaching article 91 of the Penal Code.(154) He is serving his sentence in Boniato Provincial Prison, in the municipality of Santiago de Cuba.
30. Alejandro González Raga is 45 years old and lives in Camaguey. According to reports, he is a journalist and helped to collect signatures for the Proyecto Varela, Varela Project.
Alejandro González was sentenced to 14 years' imprisonment for breaching article 91 of the Penal Code.(155) He is serving his sentence in "Canaleta" Provincial Prison in the municipality of Ciego de Avila.
31. Jorge Luis González Tanquero, 32, is reportedly a member of a group called Movimiento Independentista Carlos Manuel de Céspedes, Carlos Manuel de Céspedes Independence Movement, which is not recognized by the authorities. He also helped to collect signatures for the Proyecto Varela in Las Tunas.
Jorge Luis González was arrested on 19 March 2003 and has reportedly been sentenced to 20 years' imprisonment. He is being held in Guanajay Prison in Havana Province.
32. Leonel Grave de Peralta Almenares is a member of the Movimiento Cristiano Liberación, Christian Liberation Movement, in the province of Santa Clara. He reportedly helped to gather signatures for the Proyecto Varela in that region. He is also said to have a private library called the "Bartolomé Massó" Library.
According to the Movimiento Cristiano Liberación, Leonel Grave de Peralta was reportedly subjected to harassment in September 2002 when his home was besieged by members of the Brigadas de Respuesta Rápida, Rapid Response Brigades.(156)
Leonel Grave de Peralta was tried at the same time as other members of the Movimiento Cristiano Liberación. The alleged basis of the charge against him was that he had been involved in activities related to the Proyecto Varela. He was reportedly sentenced to 20 years' imprisonment for breaching Law 88. He is imprisoned in Kilo 5½ Prison in Pinar del Río.
33. Iván Hernández Carrillo is 32 years old. He reportedly belongs to several groups: he is a member of the Partido por la Democracia "Pedro Luis Boitel," "Pedro Luis Boitel" Democracy Party, has worked as a journalist for several agencies, including the "Patria", "Fatherland", agency, and has a private library in his house in the province of Matanzas.
According to reports received by Amnesty International, Iván Hernández has been repeatedly subjected to harassment involving short-term detention, searches and being called in for questioning. For example, he was apparently visited by police officers on two occasions in January 1997, arrested in February 1997 and again arrested in November 1999. On 23 June 2002 he was said to have been arrested with other members of his group to prevent them from attending a meeting of the "Pedro Luis Boitel" Democracy Party in the municipality of Perico.
He was arrested on 18 March 2003. The evidence submitted against him at his trial included a computer allegedly sent from the United States and invoices for moneys said to have been received by the private library. Witnesses for the prosecution stated that cars belonging to the diplomatic corps had visited his home. Iván Hernández Carrillo was sentenced to 25 years' imprisonment on the basis of articles 4.1, 4.2a-b, 6.1, 6.3b, 7.1, 7.3 and 8.2 of Law 88.(157) He is being held in Holguín Provincial Prison.
34. Normando Hernández González, 32, from the province of Camagüey, is the director of the Colegio de Periodistas Independientes, College of Independent Journalists. He has been subjected to harassment on many occasions over the past few years: in February and March 2001, for example, he was reportedly detained and released several miles from his home on at least two occasions, and on 8 March 2002 members of the police apparently threatened to imprison him for his journalism work. He has also reported other types of harassment as well, including that his telephone has been cut off since 15 June 2002 despite having paid the required bills.
Normando Hernández was arrested on 24 March 2003. According to reports, on the day of his arrest the police confiscated documents permitting him and his wife to leave Cuba.
According to the verdict, the activities for which Normando Hernández has been convicted include writing articles on various issues relating to daily life. He was accused of the following activities, among others:
He prepared one hundred and sixteen reports for the ill-named Radio 'José Martí', some of which were untrue and others tendentious, with the aforementioned aim of creating conditions in which our national integrity would be put at risk, reports which were transmitted by those radio stations and monitored in Cuba, and in which he attacked the health system [and] the education provided in this country, questioned the justice system, tourism, culture, agriculture, fishing....(158)
Normando Hernández was sentenced to 25 years' imprisonment for breaching article 91 of the Penal Code.(159) He is being held in Boniato Provincial Prison in the province of Santiago de Cuba.
35. Juan Carlos Herrera Acosta, 36, is a member of the Movimiento Cubano de Jóvenes por la Democracia, Cuban Movement of Young People for Democracy, and the Asociación de Presos Políticos 'Pedro Luis Boitel', 'Pedro Luis Boitel' Political Prisoners Association.(160) Neither organisation has been recognised by the authorities. He also works as a journalist in the province of Guantánamo.
Between September 1997 and 2001, Juan Carlos Herrera had served a four-year prison sentence in Combinado de Guantánamo Prison for trying to leave the country illegally. On that occasion he was reportedly held in a punishment cell with no light because of his activities in defence of prisoners' rights and for refusing to cooperate with the prison's re-education program.(161)
He was detained on 19 March 2003 and later tried together with Manuel Ubals González. Despite being accused of having links with 'Comandos F-4,' a Miami-based organization which has reportedly claimed to have committed acts of violence in Cuba, no evidence of this or that they had acted violently or incited others to use violence was presented. The activities for which they were convicted in the verdict appear to have been peaceful in nature and related solely to the exercise of fundamental freedoms. According to the information it has received, Amnesty International believes that the two men, like the other dissidents arrested in March, are prisoners of conscience.
Juan Carlos Herrera was sentenced to 20 years' imprisonment for breaching articles 4.1, 4.2a-b, 6.1, 6.3b, 7.1, 7.3 10 and 11 of Law 88.(162) He is serving his sentence in Boniato Provincial Prison in the municipality of Santiago de Cuba.
36. Regis Iglesias Ramírez, 33, is a member of the Movimiento Cristiano Liberación, Christian Liberation Movement, in Havana. He has been involved in work related to the Proyecto Varela. According to the prosecution, he had no previous convictions.(163)
Regis Iglesias was arrested at the end of March and tried on 3 April. He was sentenced to 18 years' imprisonment under article 91 of the Penal Code.(164) He is serving his sentence in Kilo 8 Provincial Prison in the municipality of Camagüey.
37. José Ubaldo Izquierdo Hernández runs the private "Sebastián Arcos Bergnes" Library and works as a journalist for an agency called "Grupo Decoro."
José Ubaldo Izquierdo has reportedly been a victim of harassment on several occasions. On 8 March 2002, for example, he was apparently arrested when he was on his way to participate in an event connected with International Women's Day and that same night his house was stoned by unknown individuals. On 4 December 2002 he was said to have been threatened with imprisonment if he attended festivities in honour of the Virgin of Santa Bárbara in Güines, Havana province. When he was returning home from the event on his bicycle, he was hit by a car, reportedly suffering injuries to his abdomen and legs.
José Ubaldo Izquierdo was arrested at the end of March, tried in the San Antonio Provincial Court on 3 April and sentenced to sixteen years' imprisonment. He is serving his sentence in Kilo 5½ Prison in the municipality of Pinar del Río.
38. Reinaldo Miguel Labrada Peña, aged 40, is a member of the Movimiento Cristiano Liberación, Christian Liberation Movement. He has been involved in the work around the Proyecto Varela initiative.
Reinaldo Labrada was arrested on 19 March in Las Tunas. The prosecution reportedly sought a ten-year sentence. He was sentenced to six years, the shortest sentence imposed on any of the dissidents arrested during the crackdown. He was transferred from "El Típico" Provincial Prison in Las Tunas following a protest with other activists arrested in the March crackdown, and is being held in the provincial prison in Guantánamo.
39. Librado Ricardo Linares García, 42 years old, is president of the unofficial Movimiento Cubano Reflexión, Cuban Reflection Movement, in the town of Camajuaní, Villa Clara province. He is an engineer by training and, after reportedly being expelled from the Communist Party in 1992 for calling for economic reforms, has been involved in dissident activities for a number of years.
Librado Linares was harassed, arrested and fine several times in the crackdown against Concilio Cubano activists in late 1995 and 1996.(165) In November 1999, he was reportedly detained for several days to prevent him from taking part in activities around the Cumbre Iberoamericana, the Inter-American Summit in Havana.(166)
He was arrested on 18 March 2003, and a number of items including a bicycle were reportedly confiscated from his house by the agents who searched it. He was tried in Villa Clara, where he was sentenced to 20 years in prison under article 91 of the penal code. (167)
The trial verdict accused Librado Linares and the four other men from Villa Clara province with whom he was tried of using human rights work as a front for alleged counterrevolutionary activities such as meetings, conferences and seminars:
They acted in agreement, meeting to take organizational measures on how to carry out their struggle against the Revolution, sheltering behind the facade of simple human rights defenders.(168)
Librado Linares is incarcerated in Combinado del Este prison in the municipality of Guanabacoa, Havana province.
40. Marcelo Manuel López Bañobre, is 39 years old and a tugboat captian by profession. He joined the Comisión Cubana de Derechos Humanos y Reconciliación Nacional (CCDHRN), Cuban Commission for Human Rights and National Reconciliation, after the 1994 sinking of the "13 de Marzo" tugboat,(169) later becoming its spokesman. He was initially involved in tracking the detentions of other dissidents as the crackdown began. At the time, he wrote
The wave of searches, confiscations and especially detentions that began on March 18 is the most serious I have witnessed … at the Cuban Commision for Human Rights and National Reconciliation, where I am spokesman, we are busy trying to establish lists of those detained and their whereabouts. It is not easy; people are afraid to speak up because they do not know their own rights, and also simply because transportation is a nightmare, there are constant blackouts and the telephone is virtually useless.(170)
By the time the article was printed, Marcelo López had been detained. He was arrested on 25 March 2003 on the street in Havana. He was tried on 4 April along with five other dissidents, including his CCDHRN colleague and fellow human rights defender Marcelo Cano Rodríguez.
Marcelo López was convicted under article 91 of the Penal Code and articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2, 7.3, 8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88 to 15 years in prison.(171) He is currently held in Guanajay prison in Havana province.
According to the trial verdict, Marcelo López was penalised for his association with Amnesty International and other international human rights organisations:
The accused MARCELO MANUEL LOPEZ BANOBRE carries out activities as 'spokesman and secretary' of the illegal Cuban Commission for Human Rights and National Reconciliation, dedicating himself to sending information to international organisms like Amnesty International and Human Race [sic], notifying them of people given the death penalty in this country, but without explaining the motive for its imposition. This distorts the information, making the penalty look like extrajudicial assassination by the Cuban State, which helps condemn our country before the Human Rights Commission in Geneva.(172)
Marcelo López was also accused of "approaching the families of those condemned to death so that they will address the aforementioned international organisations."(173)
The Cuban authorities are well aware of Amnesty International's work on the death penalty; as recently as 18 April 2003, for instance, Foreign Minister Felipe Pérez Roque read extensively from an Amnesty International report on the use of the death penalty in the United States during his press conference on the results of the Human Rights Commission vote in Geneva.(174) As such, the authorities are aware that Amnesty International opposes the death penalty in all cases, regardless of the 'motive for its imposition,' and that questions of alleged distortion of case information are irrelevant to the organisation's response to death sentences, in any country where they occur.
Amnesty International is deeply disturbed that allegations of contact with this organisation are viewed as grounds for Cuban authorities to sanction human rights defenders. Ironically, Cuban officials have repeatedly cited Amnesty International's work on human rights violations by the US and its allies to support their accusations against these countries.(175)
41. Héctor Fernando Maseda Gutierrez, 60, is reportedly an engineer and physicist by profession. Since becoming involved in dissident activities, he has written many articles, especially on history, economy and culture, which have been published in different sites.
Héctor Maseda has been repeatedly harassed for his activities. He was reportedly detained as part of a sweep at the beginning of September 1997, while in May 2000 he was threatened with prison if he attended a conference on the theme of 'culture and globalisation.'
Héctor Maseda was arrested at his house on 18 March 2003, and some of his journalistic writings, a type writer, a fax and books were confiscated. He was convicted under article 91 of the Penal Code and articles 4.1, 4.2a-b, 6.1, 6.2a-b, 7.1, 7.2, 7.3, 8.1, 8.2, 9.1, 9.2, 10 and 11 of Law 88, and sentenced to 20 years in prison.(176)
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