| Subject: |
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Essential Measures Part 4 |
| Name: |
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Human Rights Now |
| Date Posted: |
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Jun 5, 03 - 2:12 PM |
| Website |
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http://www.amnesty.org |
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He had previously been detained and harassed on several occasions. For example, on 16 November 2002 he was reportedly detained and taken to the police station in San José, Havana, where he was interrogated and told to stop his anti-government activities.
He was reportedly sentenced to 12 years' imprisonment, charged with infringing article 91 of the penal code. He is currently being held at Combinado de Guantánamo Prison, some 900km from his home.
74. Manuel Vázquez Portal, aged 51, is an independent journalist for the Grupo de Trabajo Decoro, Decoro Working Group. His articles have been published in CubaNet and other media sites. He also is a poet.
He had reportedly been detained temporarily before for his activities, for example in November 1999.
Manuel Vázquez was arrested on 19 March 2003. He was tried and found guilty under articles 4.1, 4.2b, 6.1, 6.3b, 7.1, 7.3, and 11 of Law 88, and received a sentence of 18 years.(228) He is currently being held in Boniato provincial prison, Santiago.
75. Antonio Augusto Villareal Acosta was involved in collecting signatures for the Proyecto Varela. Amnesty International does not have information on his past activities. He was sentenced to 15 years' imprisonment and is currently being held in in Boniato provincial prison, Santiago.
6. Additional arrests of concern
A number of additional dissidents were reportedly arrested during or around the time of the crackdown. The organisation is currently gathering information on their activities, the circumstances of their arrest and their current legal status, in order to determine if they too should be considered prisoners of conscience. They include Rafael Ernesto Avila Pérez, Javier García Pérez, Félix Jaime González Martínez, Rolando Jimenes Posada, Rafael Millet Leyva, Miguel Sigler Amaya, Pablo Solis Cubilla and Orlando Zapata Tamayo.
7. Death penalty: resumption of executions in Cuba
The three young men executed on 11 April 2003, Lorenzo Enrique Copello Castillo, Bárbaro Leodán Sevilla García and Jorge Luis Martínez Isaac, had been among a group of eleven who on 2 April had taken control of a Cuban ferry in Havana Bay with several dozen passengers on board and tried to force it to take them to the United States. When the ferry ran out of fuel 30 miles from Cuba, the men allegedly threatened the lives of passengers. The ferry was eventually escorted back to the Cuban shore by the Cuban coast guard. After a standoff, the matter was resolved without violence after Cuban security forces encouraged passengers to escape by jumping into the water. The hijackers were then apprehended. As a note issued at the time by the Cuban government stated, "all of those who were in the vessel were rescued and saved without a shot or a scratch."(229)
The hijackers were tried in summary procedures provided for in the Law of Criminal Procedure:
When exceptional circumstances warrant it, the Attorney General of the Republic can inform the President of the Supreme Popular Court, and the latter decide, to judge illegal conduct under summary procedures under the jurisidiction of any of the Courts of Justice. (230)
The three men were convicted under anti-terrorism legislation, Ley Cubana contra Actos de Terrorismo, dating from December 2001. It was believed that the legislation was adopted at least in part as a response to increased attention to terrorism-related topics following the 11 September 2001 events in the United States. Although the article on hostage-taking does not provide for the death penalty in cases in which there are no injuries, they received the death sentence. Their appeals to the Supreme Court and the Council of State were summarily dismissed, and the three were executed by firing squad less than a week after their trial began.The remaining eight received less severe sentences.
In an Official Note, the Cuban government maintained that the men were tried "with full respect of the fundamental guarantees and rights of the accused." (231) However, the speed with which they were brought to trial, found guilty and their appeals denied raises profound concerns about the fairness of the judicial procedure to which they were subjected.
The authorities did not offer a detailed justification of the death sentence. As stated above, the maximum penalty for hostage-taking in which no one is injured is 20 years:
He who seizes another person, or holds them against their will, and threatens to kill, wound or detain them, in order to oblige a State, an intergovernmental organisation, an natural or juridical person or a group of people, to carry out an action or an omission, as an explicit or implicit condition for the release of the hostage, incurs a penalty of ten to twenty years' imprisonment.
If, as a consequence of the facts described in the previous section, this results in the death or serious injury of one or more people, or the conditions demanded for the release of the hostage are achieved, the penalty will be from ten to thirty years imprisonment, or death.(232)
Once again the Cuban authorities used the US as a justification for their actions. On 17 April the Cuban ambassador to the European Union reportedly defended the executions, saying "we do not like implementing the death penalty," but indicating that for Cuba it was an act of "legitimate defence": "we are not the only ones in the world to pass the death penalty. It is often implemented in Texas, a state where George W. Bush was governor."(233)
Cuban authorities also justified the executions as a way of deterring further hijackings. In his 18 April press conference on the UN Human Rights Commission, Foreign Minister Pérez Roque clarified Cuba's longterm position on the death penalty. He pointed out that Cuba habitually abstains from the Commission resolution calling for the elimination of the death penalty, but justified the ongoing recourse to capital punishment as a defence against external aggression:
We see the death penalty as an extreme, totally extraordinary and undesired recourse, and one day, we hope, it will not be in our legislation; it is not consistent with our philosophy of life. But we have been a country under attack, we are a country facing an ongoing effort to destabilise us, and we have to use all resources in our reach … the day that Cuba is not under blockade, the day that Cuba is not under attack; the day that there is no Helms-Burton, Torricelli, Cuban Adjustment Act; the day that the aggressions, plots and conspiracies cease; the day that Cuba is left in peace to pursue its own path; Cuba will not have to use drastic measures that it does not want, but that today are a duty." (234)
Amnesty International is deeply concerned that, with the resumption of death by firing squad, the 52 prisoners remaining on death row may also face execution.
Even though Cuba is not formally a party to international mechanisms for the abolition of the death penalty, international standards apply to its treatment of death row prisoners. Those standards include explicit provisions, such as those for fair trial, which were not fully respected in the case of Lorenzo Enrique Copello Castillo, Bárbaro Leodán Sevilla García and Jorge Luis Martínez Isaac:
capital punishment may only be carried out pursuant to a final judgement rendered by a competent court after legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the International Covenant on Civil and Political Rights, including the right of anyone suspected of or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings.(235)
In addition to grave concerns about the summary trial and appeals procedure used in this case, in contravention of international standards, Amnesty International is concerned about the regressive nature of the Cuban government's decision to end the de facto moratorium on executions in place since April 2000.
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, asserts that "abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights."(236) It also maintains that "all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life."(237) These standards serve as a benchmark, in spite of the fact that Cuba is not a signatory to the optional protocol or the covenant itself, and the decision to resume executions is therefore a deeply worrying one.
8. Recommendations
8.1. Recommendations to the Cuban government
Based on its review of the information available, Amnesty International does not accept the Cuban government's portrayal of the 75 dissidents arrested as mercenaries or foreign agents. The organisation believes that the activities for which they have been arrested, tried and sentenced fall within the framework of the legitimate exercise of fundamental freedoms of expression, association and assembly. The organisation therefore calls on the Cuban government
· to order the immediate and unconditional release of all those arrested in the March crackdown as prisoners of conscience.
· to immediately and unconditionally release the 15 prisoners previously named by Amnesty International as prisoners of conscience.
· to immediately and unconditionally release anyone else who is detained or imprisoned solely for having peacefully exercised their rights to freedom of expression, association and assembly.
Amnesty International believes that the Cuban authorities have used the climate created by economic and political pressure from the United States to justify a repressive legal system which restricts fundamental freedoms in a manner which goes far beyond what is permissible under international human rights standards for the protection of national security and public order. The organisation urges the authorities
· to reform the Cuban legislation which facilitates the ongoing incarceration of prisoners of conscience by outlawing the legitimate exercise of fundamental freedoms, and to bring such legislation into line with international standards.
· to provide full judicial guarantees to ensure that, in accordance with international human rights standards, all detainees accused of politically-motivated offences have access to a fair trial, including immediate access to a lawyer of their choice.
· to suspend Law 88 and other similar legislation that facilitates the imprisonment of prisoners of conscience by unlawfully restricting fundamental freedoms.
Amnesty International opposes the death penalty in all countries where it exists, as a violation of the fundamental right to life. The organisation urges the Cuban government
· to reverse its regressive decision to resume executions, and to publicly commit itself to respecting the de facto moratorium in place prior to the April executions so that no further such state killings will be carried out.
· to immediately commute the sentences of those on death row to prison terms.
· to abolish the death penalty from its legal system, and to reform all laws and legal texts that refer to it accordingly.
In addition, Amnesty International urges the Cuban government
· to ratify the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the Optional Protocol to the International Covenant on Civil and Political Rights; and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
8.2. Recommendations to the US government
Given its grave concerns at the negative impact of the US embargo and related policies on the enjoyment of human rights in Cuba, Amnesty International calls on the United States government
· to immediately suspend decisions on any measures that could toughen the embargo.
· to review its foreign and economic policy towards Cuba, with an aim towards ending this damaging practice.
· to place enjoyment of the full range of human rights at the forefront of its concerns in developing new policy towards Cuba.
Appendices
Appendix 1: copies of 'evidence' distributed at the UN Human Rights Commission in Geneva
Appendix 2: map of Cuba showing location of prisons where those convicted in the crackdown are being held
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(1) See Amnesty International, CUBA: Short term detentions and harassment of dissidents (AI Index: AMR 25/04/00), March 2000.
(2) For Amnesty International, prisoners of conscience are people detained anywhere for their beliefs or because of their ethnic origin, sex, colour, language, national or social origin, economic status, birth or other status, who have not used or advocated violence.
(3) Amnesty International, CUBA: Continued detentions following mass arrests in February and December 2002 (AI Index: AMR 25/001/2003), 27 February 2003.
(4) United Nations General Assembly resolution A/RES/57/11 of 16 December 2002.
(5) "Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba," Report of the Secretary-General, 0249898 - 260802 - 251002, A/57/150, Fifty-seventh session. Para. 2 of agency report.
(6) Ibid, para. 1 of agency report.
(7) Ibid, paras. 3 and 6 of agency report.
(8) Ibid, para. 7 of agency report.
(9) Ibid, para. 1 of agency report.
(10) Ibid, para. 1 of agency report.
(11) Constitution of 1976, article 1: "Cuba es un Estado socialista de trabajadores, independiente y soberano, organizado con todos y para el bien de todos, como república unitaria y democrática…" ("Cuba is a socialist workers' state, independent and sovereign, organised with all and for the good of all, as a unified and democratic republic.") Unofficial translation.
(12) Constitution of 1976, article 62, unofficial translation.
(13) Constitution of 1976, article 54, unofficial translation.
(14) Constitution of 1976, article 53, unofficial translation.
(15) Constitution of 1976, article 12e, unofficial translation.
(16) Excerpt from the statement by the Minister for Foreign Affairs of Cuba, Mr. Roberto Robaina, at the inaugural meeting of the first international workshop on Legal Protection of Citizens' Rights, Havana, 7-10 November 1995. Annexed to E/CN.4/1996/60, Report on the situation of human rights in Cuba by the Special Rapporteur, Mr. Carl-Johan Groth, in accordance with Commission resolution 1995/66, 7 February 1996.
(17) Report on the situation of human rights in Cuba submitted by the Special Rapporteur, Mr. Carl-Johan Groth, in accordance with Commission resolution 1996/69 and Economic and Social Council decision 1996/275. E/CN.4/1997/53, 22 January 1997, para. 46.
(18) "President Carter's Cuba Trip Report," the Carter Center, 21 May 2002.
(19) "FBI downplays role of the terrorist group 'Comandos F-4,'" South Florida Sun-Sentinel, 6 April 2003.
(20) Ibid; also "Anti-Castro group claims shooting of spy in Cuba," The Miami Herald, 31 December 2002; and "Militant: Cuba admits that spy got shot," The Miami Herald, 22 January 2003.
(21) "Carter questions Cuba terror claims," Associated Press, 14 May 2002.
(22) "Statement by Carter in Cuba," Associated Press, 13 May 2002.
(23) Ibid.
(24) "Bush plans to tighten sanctions on Cuba, not ease them," The New York Times, 14 May 2002; and "Report mum on bio-threat," The Miami Herald, 22 May 2002.
(25) "Cuba tente de produire des armes biologiques," Agence France Presse, 31 October 2002.
(26) Office of the Coordinator for Counterterrorism, United States Department of State, "Patterns of Global Terrorism," 30 April 2003.
(27) Ibid.
(28) Ibid.
(29) Raúl Rivero, "I am free," Miami Herald, 25 February 1999.
(30) As mentioned above, Cuba and the United States do not have diplomatic relations. However, since 1977 the US has had an Interests Section based at the Swiss Embassy in Havana, while Cuba has an Interests Section in Washington.
(31) "US envoy caters to needs of island's dissident community," La Nueva Cuba, 8 January 2003.
(32) Conferencia de prensa del Ministro de Relaciones Exteriores de la República de Cuba, Felipe Pérez Roque. (Tema: Comisión de Derechos Humanos). Teatro del Minrex, viernes 14 de marzo del 2003. Unofficial translation.
(33) "Comparecencia especial del Comandante en Jefe Fidel Castro Ruz, Primer Secretario del Comité Central del Partido Comunista de Cuba y Presidente de los Consejos de Estado y de Ministros, en la Mesa Redonda sobre los más recientes acontecimientos en nuestro país y el incremento de las acciones agresivas del gobierno de Estados Unidos contra nuestro pueblo, el 25 de abril de 2003." Transcript in Granma, Año 7, Número 116, 26 April 2003.
(34) Nota Oficial, 18 March 2003, Granma, 19 March 2003, Año 7 / Número 78. Unofficial translation.
(35) Ibid. Unofficial translation.
(36) Ibid. Unofficial translation.
(37) "Conferencia de prensa ofrecida por el canciller Felipe Pérez Roque con relación a los juicios del 3,4,5 y 7 de abril. Ciudad de La Habana, 9 de abril de 2003." Transcript in Juventud Rebelde, 10 April 2003. Unofficial translation.
(38) Ibid. Unofficial translation.
(39) "Comparecencia especial del Comandante en Jefe Fidel Castro Ruz, Primer Secretario del Comité Central del Partido Comunista de Cuba y Presidente de los Consejos de Estado y de Ministros, en la Mesa Redonda sobre los más recientes acontecimientos en nuestro país y el incremento de las acciones agresivas del gobierno de Estados Unidos contra nuestro pueblo, el 25 de abril de 2003." Transcript in Granma, Año 7, Número 116, 26 April 2003. Unofficial translation.
(40) Ibid. Unofficial translation.
(41) Carta abierta, La Habana, 21 April 2003. Unofficial translation.
(42) Resolutions on Cuba were passed every year except 1998, when the proposed resolution was rejected by 19 votes to 16, with 18 abstentions.
(43) United Nations press release, "Commission on Human Rights adopts resolution on Lebanese detainees in Israel, rejects draft on Chechnya," Commission on Human Rights, 59th session, 16 April 2003, morning.
(44) See United Nations Economic and Social Council E/CN.4/2003/L.2 of 24 March 2003, Question of the Violation of Human Rights and Fundamental Freedoms in any part of the world: 2003 / … Situation of human rights in Cuba.
(45) "Conferencia de prensa ofrecida por el canciller cubano Felipe Pérez Roque, a la prensa nacional y extranjera, sobre los resultados de la votación en la Comisión de Derechos Humanos de Ginebra, en el MINREX, el 18 de abril del 2003." Transcript in Granma, 22 April 2003, año 7, número 112. Unofficial translation.
(46) Ibid. Unofficial translation.
(47) "Outrage as Cuba keeps UN seat," BBC news, 30 April 2003; also "Cuba returned to UN rights body, prompting US rage," Reuters, 29 April 2003.
(48) (EU) EU/CUBA: Poul Nielson opens Commission delegation in Havana, Brussels, 12/03/2003 (Agence Europe).
(49) Cuba was formally admitted to the group of African, Caribbean and Pacific (ACP) states on 14 December 2000 as the group's 78th member, after having held observer status since May 1998 (the ACP Group was formed in 1975, and currently incorporates 48 African countries as well as 16 from the Caribbean and 14 from the Pacific.) It is the only ACP member which has not signed trade and aid agreements with the EU, although it has applied for admission to the Cotonou Agreement, a twenty-year trade accord signed on 21 June 2000 between the European Community and ACP countries, replacing the Lomé Convention of 1975. The stated objectives include "to promote and expedite the economic, cultural and social development of the ACP States, with a view to contributing to peace and security and to promoting a stable and democratic political environment" (The Cotonou Agreement, 21 June 2000, article 1.)
(50) "Conferencia de prensa ofrecida por el canciller Felipe Pérez Roque con relación a los juicios del 3,4,5 y 7 de abril. Ciudad de La Habana, 9 de abril de 2003." Transcript in Juventud Rebelde, 10 April 2003. Unofficial translation.
(51) (EU) EU/CUBA: Council condemns executions of three leaders who hijacked ferry and expresses concern over deterioration in human rights situation in Cuba, Luxembourg, 15/04/2003 (Agence Europe). Also 8220/03 (Presse 105).
(52) (EU) CUBA: Cuban ambassador to the EU justifies repression by 'legitimate defence' and reaffirms Cuba's interest in the Cotonou Agreement, Brussels, 17/04/2003 (Agence Europe).
(53) (EU) EU/CUBA: Commission to hold debate on situation in Cuba next week, Brussels, 23/04/2003 (Agence Europe).
(54) Declaración del MINREX, Granma, 19 May 2003.
(55) "Special Rapporteur for Freedom of Expression expresses grave concern about judicial proceedings against journalists in Cuba," Press Release PREN 74/03, 4 April 2003.
(56) "UN and OAS Special Rapporteurs on Freedom of Expression gravely concerned about situation in Cuba," Press Release PREN 77/03, 3 May 2003.
(57) Inter-American Commission on Human Rights, Press release no. 12/03, 16 April 2003.
(58) Inter-American Commission on Human Rights, Press release no. 10/03, 9 April 2003.
(59) Statement from the Cuba Policy Foundation, 23 April 2003.
(60) "US ready in case of major exodus from Cuba," The Miami Herald, 20 April 2003.
(61) "Powell, denouncing crackdown, calls Cuban 'Aberration'," The New York Times, 29 April 2003.
(62) "US ambassador in Dominican Republic says Iraq an example for Cuba," Agence France Press, 10 April 2003.
(63) "Rising dissent, US pressure led to Cuba repression," Reuters, 16 April 2003.
(64) "Regimes who worry that they will be next: rules face conciliation or confrontation," The Guardian, 11 April 2003.
(65) "Diputado Cubano: belicismo de EU pone en riesgo a Cuba," Notimex, 9 abril 2003. Unofficial translation.
(66) "Castro: US 'conspiracy' led to crackdown," Associated Press, 26 April 2003; "Representante Cuba teme EEUU prepare futuras acciones contra isla," EFE, 23 April 2003.
(67) "Discurso pronunciado por el Presidente de la República, Fidel Castro Ruz, el en acto por el Día Internacional de los Trabajadores, efectuado en la Plaza de la Revolución el 1 de mayo de 2003." Transcript in Granma, 1 May 2003, año 7/ número 121. Unofficial translation.
(68) "Pope asks Castro to show dissidents clemency," Reuters, 26 April 2003.
(69) Press Release HR/4652, 9 April 2003, "High Commissioner for Human Rights concerned over sentencing of recent detainees in Cuba."
(70) "Director UNESCO denuncia arrestos y juicios disidentes en Cuba," EFE, 7 April 2003.
(71) In addition, well-known authors Eduardo Galeano, José Saramago and Gabriel García Márquez wrote opinion pieces or issued personal statements reacting to the crackdown.
(72) Amnesty International, CUBA: Continued detentions following mass arrests in February and December 2002 (AI Index: AMR 25/001/2003), February 2003.
(73) Law no. 62, Penal Code, National Assembly of Popular Power, 1987. Unofficial translation.
(74) Ibid. Unofficial translation.
(75) In section 116, the text of the law explicitly condemns a February 1996 incident in which two planes belonging to a Cuban exile group were shot down by the Cuban airforce. Cuban authorities claim that this was an act of self defence prompted by violation of its airspace, while supporters of the exile group maintain that it was an act of aggression committed over international waters. The text also condemns government repression against Concilio Cubano (see below).
(76) Law No. 80, Law of Reaffirmation of Cuban Dignity and Sovereignty, 24 December 1996 (Unofficial translation).
(77) Law No. 88 For the Protection of National Independence and the Economy of Cuba, published in the Official Gazette of the Republic of Cuba, Special Edition, Number 1, dated 15 March 1999. Unofficial translation.
(78) Ibid. Unofficial translation.
(79) Ibid. Unofficial translation.
(80) "Conferencia de prensa ofrecida por el canciller cubano Felipe Pérez Roque, a la prensa nacional y extranjera, sobre los resultados de la votación en la Comisión de Derechos Humanos de Ginebra, en el MINREX, el 18 de abril del 2003." Transcript in Granma, 22 April 2003, año 7, número 112. Unofficial translation.
(81) "Conferencia de prensa ofrecida por el canciller Felipe Pérez Roque con relación a los juicios del 3,4,5 y 7 de abril. Ciudad de La Habana, 9 de abril de 2003." Transcript in Juventud Rebelde, 10 April 2003. Unofficial translation.
(82) International Covenant on Civil and Political Rights (adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966; entry into force 23 March 1976), article 19.
(83) Human Rights Committee, CCPR General comment 10, 29 July 1983.
(84) Constitution of 1976, article 62, unofficial translation.
(85) Arbitrary deprivation of liberty is expressly prohibited by article 9 of the Universal Declaration of Human Rights and article 25 of the American Declaration of the Rights and Duties of Man, among other instruments.
(86) Report of the Working Group on Arbitrary Detention to the United Nations Commission on Human Rights, E/CN.4/1992/20, Annex I, 21 January 1992.
(87) Open letter from the International Federation for Human Rights to Fidel Castro, President of the Republic of Cuba, 3 April 2003.
(88) "Conferencia de prensa ofrecida por el canciller Felipe Pérez Roque con relación a los juicios del 3,4,5 y 7 de abril. Ciudad de La Habana, 9 de abril de 2003." Transcript in Juventud Rebelde, 10 April 2003. Unofficial translation.
(89) "Agent gained trust of Cuban dissidents," Associated Press, 22 April 2003.
(90) One example of mass arrests following dissident contact with foreign diplomats took place around the 1999 Ibero-American Summit. The Ibero-American Summit is an annual event begun in 1991 to bring together the heads of state of the Spanish- and Portuguese-speaking nations of Europe and America to discuss issues of common concern. The 1999 meeting was held in Havana. Prior to and following the summit, some 260 dissidents were detained. Most were released without charge shortly thereafter, but a number were brought to trial and served prison sentences.
(91) "The attributes of the National Assembly of Popular Power are … m) to elect the President, Vice Presidentes and other Judges of the Supreme Popular Tribunal; n) to elect the Attorney General and the Vice Attorneys General of the Republic." Constitution of 1976, article 75. Unofficial translation.
(92) This right is recognised under article 10 of the Universal Declaration of Human Rights, article 14.1 of the International Covenant on Civil and Political Rights and article XXVI of the American Declaration of the Rights and Duties of Man, among others. See also Basic Principles on the Independence of the Judiciary (adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985).
(93) See Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.
(94) 'Agente Tania,' dissident Odilia Collazo Valdés, was president of the Partido Pro Derechos Humanos de Cuba, a group that she reportedly joined in 1990. She was among the dissidents who were harassed by the Cuban authorities, and at one point was declared a possible prisoner of conscience by Amnesty International. After revealing herself as a state agent, she testified that in her human rights work, she helped dissidents to dissimulate being the victims of repression so that they could eventually gain a US visa. (See "Otra vez Odilia," Juventud rebelde, 12 April 2003.)
(95) Carlos Alberto Montaner is a prominent anti-Castro exile. He has strongly denied the accusations made against him by Cuban authorities during the trials. "Montaner dice no pertenece a la CIA ni fundó Proyecto Varela," EFE, 10 April 2003.
(96) Law no. 87, modifying the Penal Code, 1999. Article 30.2.
(97) "Piden pena de muerte en Cuba a un activista pacífico," El Nuevo Herald, 7 April 2003.
(98) For more information see Amnesty International, CUBA: Government crackdown on dissent (AI Index AMR 25/14/96), April 1996.
(99) Amnesty International, CUBA: Dissidents imprisoned or forced into exile (AI Index: AMR 25/29/96), July 1996.
(100) Amnesty International, "CUBA: Massive crackdown on dissent," (AI Index AMR 25/008/2003), April 2003. Please note that in this document his name was incorrectly given as Nelson Aguilar Ramírez.
(101) Case 12/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 31 March 2003.
(102) Sentence 7/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 4 April 2003 (case 12/2003).
(103) Sentence 6/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 6 April 2003 (case 11/2003). Unofficial translation.
(104) Ibid. Unofficial translation.
(105) Ibid.
(106) Case 11/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 31 March 2003.
(107) Amnesty International, "Cuba: Government crackdown on dissent," (AI Index: AMR 25/14/96), April 1996.
(108) Amnesty International press release, "Cuba marks Human rights day with mass detentions and sentences for dissidents," (AI Index: AMR 25/026/2000), 14 December 2000.
(109) Sentence 10/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 5 April 2003 (case 13/2003).
(110) Ibid.
(111) Amnesty International, "Cuba: Some releases but repression and imprisonment continue," (AI Index: AMR 25/05/99), February 1999.
(112) Sentence 2/2003, Tribunal Provincial Popular, People's provincial Court, Ciego de Avila, 4 April 2003 (case 1/2003).
(113) Amnesty International Urgent Action (AI Index: AMR 25/01/00), 18 January 2000 and Amnesty International, "CUBA: Prisoners of Conscience: New convictions overshadow releases," (AI Index: AMR 25/21/00), October 2000.
(114) Sentence 1/2003, Tribunal Provincial Popular, People's provincial Court, Pinar del Rio, 5 April 2003 (case 2/2003).
(115) Case 12/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 31 March 2003.
(116) Sentence 7/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 4 April 2003 (case 12/2003).
(117) Ibid. Unofficial translation.
(118) Amnesty International, "CUBA: Prisoners of conscience: new convictions overshadow releases" (AI Index: AMR 25/21/00), October 2000.
(119) Amnesty International, "CUBA: Continued detentions following mass arrests in February and December 2002" (AI Index: AMR 25/001/2003), February 2003.
(120) Sentence 16/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 8 April 2003 (case 15/2003).
(121) Sentence 3/2003, Tribunal Provincial Popular, People's provincial Court, Villa Clara, 7 Abril 2003 (case 1/2003). Unofficial translation.
(122) Ibid.
(123) Case 11/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 31 March 2003.
(124) Sentence 6/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 6 April 2003 (case 11/2003).
(125) Amnesty International, "CUBA: Some releases but repression and imprisonment continue" (AI Index: AMR 25/05/99), February 1999.
(126) Ibid.
(127) Sentence 8/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 5 April 2003 (case 16/2003).
(128) Case 16/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 31 March 2003.
(129) Sentence 8/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 5 April 2003 (case 16/2003). Unofficial translation.
(130) Sentence 10/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 5 April 2003 (case 13/2003).
(131) Amnesty International, "CUBA: Eleven remain in detention following government crackdown on dissent during the Ibero-American Summit in Havana" (AI Index: AMR 25/02/00), January 2000; Urgent Action update 161/99 (AI Index: AMR 25/05/00), 23 February 2000.
(132) Sentence 1/2003, Tribunal Provincial Popular, People's provincial Court, Pinar del Rio, 5 April 2003 (case 2/2003).
(133) Ibid. Unofficial translation.
(134) Sentence 8/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 5 April 2003 (case 16/2003).
(135) Case 16/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 31 March 2003.
(136) Urgent Action (AI Index: AMR 26/016/2003), 24 April 2003.
(137) Sentence 6/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 6 April 2003 (case 11/2003).
(138) Ibid. Unofficial translation.
(139) Sentence 8/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 5 April 2003 (case 16/2003).
(140) Case 16/2003, Tribunal Provincial Popular, Havana, 31 March 2003.
(141) Case 12/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 31 March 2003.
(142) Sentence 7/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 4 April 2003 (case 12/2003).
(143) NOTE: his last name was incorrectly given as Ferrer Castillo in earlier Amnesty International documents.
(144) "In Cuba, nothing is what it seems," Sun Sentinel, 14 April 2002.
(145) Sentence 16/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 8 April 2003 (case 15/2003).
(146) Sentence 5/2003, Tribunal Provincial Popular, People's provincial Court, Havana, 5 April 2003 (case 14/2003).
(147) Ibid.
(148) Ibid.
(149) Urgent Actions: AI Index: AMR 25/37/97, 17 October 1997, AI Index: AMR 25/38/97, 21 October 1997 and AI Index: AMR 25/39/97, 30 October 1997.
(150) Sentence 4/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 5 April 2003 (case 10/2003).
(151) Case 10/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 31 March 2003.
(152) Sentence 4/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 5 April 2003 (case 10/2003). Unofficial translation.
(153) Amnesty International, CUBA: Eleven remain in detention following government crackdown on dissent during the Ibero-American Summit in Havana (AI Index: AMR 25/02/00), January 2000.
(154) Sentence 3/2003, Tribunal Provincial Popular, People's Provincial Court, Villa Clara, 7 April 2003 (case 1/2003).
(155) Sentence 1/2003, Tribunal Provincial Popular, People's Provincial Court, Camaguey, 4 April 2003 (case 2/2003).
(156) These brigades were first set up in 1991 to deter crime and counter-revolutionary activities.
(157) Sentence 2/2003, Tribunal Provincial Popular, People's Provincial Court, Matanzas, 4 April 2003 (case 8/2003).
(158) Sentence 1/2003, Tribunal Provincial Popular, People's Provincial Court, Camagüey, 4 April 2003 (case 2/2003). Unofficial translation.
(159) Ibid.
(160) This group, created in 1997 by prisoners in Combinado de Guantánamo Prison, was known at that time as Presidio Político 'Pedro Luis Boitel','Pedro Luis Boitel' Political Prisoners Group.
(161) Medical Action, Political prisoners in need of medical attention (AI Index: AMR 25/40/99), 12 October 1999.
(162) Sentence 2/2003, Tribunal Provincial Popular, People's Provincial Court, Guantánamo, 3 April 2003 (case 8/2003).
(163) Case 16/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 31 March 2003.
(164) Sentence 8/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 5 April 2003 (case 16/2003).
(165) Amnesty International, CUBA: Government crackdown on dissent (AI Index AMR 25/14/96), April 1996.
(166) Amnesty International, CUBA: Short term detention and harassment of dissidents (AI Index AMR 25/04/00), March 2000.
(167) Sentence 3/2003, Tribunal Provincial Popular, People's Provincial Court, Villa Clara, 7 Abril 2003 (case 1/2003).
(168) Sentence 3/2003, Tribunal Provincial Popular, People's Provincial Court, Villa Clara, 7 Abril 2003 (case 1/2003). Unofficial translation.
(169) In this incident at least 35 people died, according to witness reports after having been rammed by an official vessel. The Cuban authorities denied responsibility for the tugboat's sinking. However, that incident has never been fully and impartially investigated, in spite of government commitments to do so.
(170) Marcelo Lopez Bañobre , "Collateral Damage in Cuba," Washington Post, 16 April 2003.
(171) Sentence 6/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 6 April 2003 (case 11/2003).
(172) Sentence 6/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 6 April 2003 (case 11/2003). Unofficial translation.
(173) Ibid. Unofficial translation.
(174) "Conferencia de prensa ofrecida por el canciller cubano Felipe Pérez Roque, a la prensa nacional y extranjera, sobre los resultados de la votación en la Comisión de Derechos Humanos de Ginebra, en el MINREX, el 18 de abril del 2003." Transcript in Granma, 22 apr 2003, año 7, número 112.
(175) For example, in his 25 April speech on the recent events in Cuba, President Castro cited Amnesty International's work in reference to the April 1999 NATO attacks on Serbian state media stations.
(176) Sentence 6/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 6 April 2003 (case 11/2003).
(177) Sentence 6/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 6 April 2003 (case 11/2003). Unofficial translation.
(178) Sentence 1/2003, Tribunal Provincial Popular, People's Provincial Court, Camagüey, 4 April 2003 (case 2/2003). Unofficial translation.
(179) Sentence 1/2003, Tribunal Provincial Popular, People's Provincial Court, Camagüey, 4 April 2003 (case 2/2003).
(180) Case 12/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 31 March 2003.
(181) Sentence 7/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 4 April 2003 (case 12/2003).
(182) Amnesty International, "CUBA: Eleven remain in detention following government crackdown on dissent during the Ibero-American Summit in Havana" (AI Index: AMR 25/02/00), January 2000 and Amnesty International, "CUBA: Prisoners of Conscience: New convictions overshadow releases," (AI Index: AMR 25/21/00), October 2000.
(183) Amnesty International, "CUBA: The situation of human rights in Cuba" (AI Index: AMR 25/002/2002), May 2002.
(184) Sentence 16/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 8 April 2003 (case 15/2003).
(185) Sentence 2/2003, Tribunal Provincial Popular, People's Provincial Court, Matanzas, 4 April 2003 (case 8/2003). Unofficial translation.
(186) Ibid.
(187) Sentence 5/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 5 April 2003 (case 14/2003).
(188) Sentence 2/2003, Tribunal Provincial Popular, People's Provincial Court, Ciego de Avila, 4 April 2003 (case 1/2003).
(189) Urgent Action 296/94 (AI Index: AMR 25/10/94), 11 August 1994.
(190) Amnesty International, "CUBA: Prisoner of conscience - Héctor Palacios Ruiz" (AI Index: AMR 25/02/97), January 1997; "CUBA: Prisoner of conscience Héctor Palacios Ruiz sentenced to 18 months' imprisonment" (AI Index: AMR 25/35/97), October 1997; and "Cuba: Some releases but repression and imprisonment continue," (AI Index: AMR 25/05/99), February 1999.
(191) Sentence 6/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 6 April 2003 (case 11/2003).
(192) Case 11/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 31 March 2003.
(193) Sentence 6/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 6 April 2003 (case 11/2003). Unofficial translation.
(194) Sentence 3/2003, Tribunal Provincial Popular, People's Provincial Court, Villa Clara, 7 Abril 2003 (case 1/2003).
(195) Ibid. Unofficial translation.
(196) Sentence 1/2003, Tribunal Provincial Popular, People's Provincial Court, Pinar del Rio, 5 April 2003 (case 2/2003).
(197) Sentence 1/2003, Tribunal Provincial Popular, People's Provincial Court, Camagüey, 4 April 2003 (case 2/2003).
(198) His name was erroneously given as José Ramón Gabriel Castillo in Amnesty International's 3 April 2003 document on the wave of arrests.
(199) Sentence 7/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 4 April 2003 (case 12/2003).
(200) Urgent Action 08/96 (AI Index: AMR 25/01/96), 16 and 17 January 1996.
(201) Update to Urgent Action 08/96 (AI Index: AMR 25/05/96), 20 February 1996; Amnesty International, "CUBA: Government crackdown on dissent" (AI Index: AMR 25/14/96), April 1996.
(202) Urgent Action 273/97 (AI Index: AMR 25/27/97), 14 August 1997 and update of 18 August 1997; Amnesty International, "CUBA: Renewed crackdown on peaceful government critics," (AI Index: AMR 25/29/97), August 1997.
(203) Amnesty International Report 2000.
(204) Case 10/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 31 March 2003.
(205) Sentence 4/2003, Tribunal Provincial Popular, People's Provincial Court,, Havana, 5 April 2003 (case 10/2003).
(206) Ibid. Unofficial translation.
(207) Amnesty International, "Cuba: Some releases but repression and imprisonment continue" (AI Index: AMR 25/05/99), February 1999.
(208) "Cuban reporter travels a bumpy path to deadline," The New York Times, 31 May 2002.
(209) Sentence 8/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 5 April 2003 (case 16/2003). Unofficial translation.
(210) Ibid.
(211) Case 16/2003, Tribunal Provincial Popular, Havana, 31 March 2003.
(212) See, inter alia, Amnesty International, "CUBA: Prisoners of Conscience: New Convictions overshadow releases," (AI Index: AMR 25/21/00), October 2000; Amnesty International, "Cuba: One year later and four members of the 'Grupo de Trabajo' still imprisoned without being informed of any charges" (AI Index: AMR 25/16/98), July 1998; and Amnesty International, "CUBA: Imminent trial of four members of the Grupo de Trabajo" (AI Index: AMR 25/24/98), October 1998.
(213) Case 12/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 31 March 2003.
(214) Sentence 7/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 4 April 2003 (case 12/2003). Unofficial translation.
(215) Case 12/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 31 March 2003.
(216) Sentence 7/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 4 April 2003 (case 12/2003).
(217) Sentence 3/2003, Tribunal Provincial Popular, People's Provincial Court, Villa Clara, 7 Abril 2003 (case 1/2003).
(218) Sentence 3/2003, Tribunal Provincial Popular, People's Provincial Court, Santiago de Cuba, 4 April 2003 (case 3/2003).
(219) Amnesty International, "CUBA: Eleven remain in detention following government crackdown on dissent during the Ibero-American Summit in Havana" (AI Index: AMR 25/02/00), January 2000.
(220) Amnesty International, "CUBA: Prisoners of Conscience: New convictions overshadow releases" (AI Index: AMR 25/21/00), October 2000.
(221) Amnesty International, "CUBA: Continued detentions following mass arrests in February and December 2002" (AI Index: AMR 25/001/2003), February 2003.
(222) Sentence 9/2003, Tribunal Provincial Popular, People's Provincial Court, Matanzas, 5 April 2003 (case 7/2003).
(223) Ibid.
(224) Sentence 1/2003, Tribunal Provincial Popular, People's Provincial Court, Pinar del Rio, 5 April 2003 (case 2/2003).
(225) Sentence 2/2003, Tribunal Provincial Popular, People's Provincial Court, Guantánamo, 3 April 2003 (case 8/2003).
(226) NOTE: his last name was incorrectly listed as Valdés Guerra in Amnesty International, "CUBA: Massive crackdown on dissent" (AI Index: AMR 25/008/2003), April 2003.
(227) Sentence 16/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 8 April 2003 (case 15/2003).
(228) Sentence 5/2003, Tribunal Provincial Popular, People's Provincial Court, Havana, 5 April 2003 (case 14/2003).
(229) Nota Informativa, Granma, 4 April 2003, año 7 / número 94. Unofficial translation.
(230) Law no. 5, Law of Criminal Procedure, 1977. Unofficial translation.
(231) Nota Oficial, Granma, 11 April 2003, año 7 / Número 101. Unofficial translation.
(232) Law 93, Ley Cubana contra actos de terrorismo, 24 December 2001; articles 14.1 and 14.2.
(233) (EU) CUBA: Cuban ambassador to the EU justifies repression by 'legitimate defence' and reaffirms Cuba's interest in the Cotonou Agreement, Brussels, 17/04/2003 (Agence Europe).
(234) "Conferencia de prensa ofrecida por el canciller cubano Felipe Pérez Roque, a la prensa nacional y extranjera, sobre los resultados de la votación en la Comisión de Derechos Humanos de Ginebra, en el MINREX, el 18 de abril del 2003." Transcript in Granma, 22 apr 2003, año 7, número 112.
(235) Safeguards guaranteeing protection of the rights of those facing the death penalty (adopted by Economic and Social Council resolution 1984/50 of 25 May 1984), para. 5.
(236) Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989).
(237) Ibid.
AI INDEX: AMR 25/017/2003 3 June 2003 Printer Friendly
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