Special Report

Human Rights in Cuba

Including reports from: U.S.. Department of State Americas Watch Amnesty International Inter-American Commission on Human Rights

1990 CUBAN AMERICAN NATIONAL FOUNDATION The Cuban American National Foundation is an independent, non-profit in­ stitution devoted to the gathering and dissemination of data concerning the economic, political and social welfare of the Cuban people, both on the island and in exile The Foundation supports the concept of a free and democratic Cuba.

The Foundation promotes an objective view of Cuba and Cubans, and an objective appraisal of the Cuban government and its policies.

The Foundation supports a general program to enlighten and clarify public opinion on problems of Cuban concern, to fight bigotry, protect human rights, and promote cultural interests and creative achievement. “Encouraged by the changes in Eastern Europe and intoxicated by the swarming worms in Miami that are forecasting what they call the imminent fall of the Cuban revolution, small groups of local worms are attempting to join in the triumphalistic airs of the empire in an attempt to raise themselves above their crawl. Disguised by alleged humanitarian organizations, hiding and only showing their hairy ears, or crouching in the shadow of hypocrisy, some of those elements underestimate the power of the people and believe that they can have some luxuries.”

—Cuban Government commentary on Havana Radio Rebelde Network, March 17, 1990 Contents

I. Introduction...... i

II. United Nations Human Rights Commission Resolution on Cuba, March 6, 1990 ...... 1

III. Statement by Ambassador Armando Valladares at the 46th session of the U.N. Human Rights Commission...... 2

Statement by Irish Ambassador...... 4

Statement by Czechoslovakian Ambassador...... 4

Statement by Maria Paz Martinez Nieto...... 5

IV. U.S.. House of Representatives Letter to Fidel Castro...... 6

House Resolution on Human Rights in Cuba...... 7

V. U.S.. Department of State Country Report on Cuba...... 11

VI. Americas Watch: Jailing the ,Human Rights Movement...... 23

VII. Amnesty International Report on Cuba...... 32

VIII. Organization of American States, Inter-American Commission on Human Rights Report on Cuba...... 35 Introduction

For over thirty years Fidel Castro has presided over a communist dictatorship in Cuba. This inglorious achievement has not been possible without violating human rights. To maintain himself in power, Fidel Castro has relied on terror—through violence, an island-wide network of political police and informants, and every other method of repression that can be conceived in the depths of the human mind. All freedoms disappeared from Cuba long ago, and in their stead came political prisons, concentration camps, torture centers, and firing squad walls for summary executions. Over the years this situation has been denounced by international organizations governments, politicians, intellectuals, and the international media. However, with the help of some governments represented in the United Nations Human Rights Commission, Fidel Castro was able to evade accountability for his crimes against the Cuban people and to create the impression that he respected human rights. Ironically, Cuba was active in the UNHRC in denouncing in other countries the very abuses occurring in Cuba. Castro had been coldly efficient in hiding the corpses and quieting the clamor of his victims. This situation began to change two years ago when, following a United States initiative, the UNHRC agreed to send a delegation to Cuba to investigate human rights abuses on the island. The international community was represented on the team by Senegal, Nigeria, the Philippines, Ireland, Colombia, and Bulgaria. The group spent eleven days on the island in September 1988, and in that short time gathered evidence on 137 cases of torture, seven political disappearances, and over two thousand violations of the liberties encoded in the U.N.’s Universal Declaration of Human Rights, such as religious persecution and political assassina­ tion. The result of this investigation was made public in a 400-page official U.N.. publication, the most extensive ever written by that organization. It shows, after all this time, that Cuba’s very social structure systematically and flagrantly violates the internationally established norms of respect for human rights. This report in hand, the UNHRC, meeting once again in Geneva this year, voted to pass a resolution with the support of 19 countries—including Hungary and Bulgaria and the co-sponsorship of Poland and Czecho­ slovakia that places Cuba among those nations that violate human rights. It also requires Cuba to respond to allegations of human rights abuses before the UNHRC next year. Without a doubt, this resolution is a tremendous victory in the struggle for human rights in Cuba and signals the end of the impunity the Castro dictatorship has enjoyed for over thirty years. Now more than ever, there is no doubt that Cuban government violates human rights, including torturing and executing its political opponents. The United Nation’s report confirms this. It is a condemnation without appeal.

Ambassador Armando Valladares U.S.. Representative to the U.N.. Human Rights Commission

l United Economic and Nations Social Council

Commission on Human Rights Situation of human rights in Cuba Recalling the report of the mission which took place in Cuba in accordance with Commission decision 1988/106, (E/CN. 4/1989/46 and Corr.l), Aware that this report contains questions and issues which have not been fully addressed, as well as testimonies from hundreds of individuals concerning the question of human rights in Cuba, Recalling also decision 1989/113 of 9 March 1989, in which it requested the Secretary-General to maintain contacts with the government of Cuba on the issues and questions contained in the report, Noting the letter of the Secretary-General to the Commission dated 29 January 1990, in which the Secretary-General informed the Commission that he has been maintaining ongoing contacts, both written and oral, with the government of Cuba on this matter, Expressing appreciation to the Secretary-General for his efforts in support of respect for human rights and fundamental freedoms, Concerned by reports that witnesses who testified before the Commission’s working group have since been subject to arrest, harassment, or other forms of reprisals by the government of Cuba, Aware of its responsibility to defend and support those who have put their faith in this body and its representatives in promoting human rights and fundamental freedoms,

1. Calls upon the government of Cuba to honor its repeated guarantees to the repre­ sentatives of the Commission who visited Cuba pursuant to decision 1988/106 that in­ dividuals who attempted to present information to these representatives would not be subject to reprisals detention, or negative consequences of any nature whatsoever, 2. Calls upon the government of Cuba to provide the Commission at its forty-seventh session, with a response to the unanswered questions put to the Cuban authorities by representatives of this Commission (E/CN. 4/1989/46, annex XVI) and to questions re­ lated to the documents listed in annex III of the report, 3. Welcomes the willingness of the Secretary-General to put himself at the disposal of the Commission regarding his ongoing contacts with the government of Cuba, as expressed in his letter to the Chairman of 29 January 1990, and requests that he pro­ vide, under this agenda item, the results of these contacts to the forty-seventh session .

YES NO ABSTAIN Bangladesh Morocco China Iraq Argentina Pakistan Belgium* Panama* Cuba Mexico Botswana Peru Bulgaria Philippines Cyprus Sri Lanka Brazil Sao Tome Canada Portugal* Ethiopia Ukraine Colombia Somalia France Senegal Ghana USSR Madagascar Swaziland Gambia Spain India Yugoslavia Nigeria Venezuela West Germany* Sweden Hungary United Kingdom* Italy United States Japan* (* Co-sponsors of U.S.. resolution. Other co-sponsors, but non-voting members of the Commission: Norway, Denmark, Poland, Czechoslovakia, Netherlands, Luxemburg, Ireland.)

1 Statement by Ambassador Armando Valladares, U. S. Representative to the United Nations Human Rights Commission 46th Session, February 27,1990

Last year when I addressed 60 Cuban human rights activ­ prison. He had testified before the Commission on the subject ists. According to Amnesty the Cuba Working Group during of Cuba, the State Department International some were de­ its September 1988 visit. had just issued its annual report tained at the doors of the hotel Roberto Bahamonde, a Cuban noting limited human rights im­ where the United Nations Human Rights Party member, provements in my country of Working Group were gathering. was arrested last April for plan­ birth. We acknowledged the Some of the same activists had ning to participate in a demon­ positive changes on the human testified before the Working stration during Soviet President rights front taking place in Cuba Group. tw enty-five of those ac­ Gorbachev’s trip to Havana. in hopes that they would be ex­ tivists arrested since the Roberto’s real crime was run­ panded. Unfortunately, just the Working Group’s visit remain ning against the Communist opposite has happened. The imprisoned or detained without party candidate in Havana’s Cuban Government’s human charges. One imprisoned March 1989 municipal elections. rights abuses have increased activist, David Moya, was He was tried without an attorney markedly over the past year and, severely beaten in Cinco y and convicted of “illegal asso­ I might add, contrast sharply Medio prison for organizing ciation” and sentenced to three with positive developments else­ protests against prisoner mis­ months in prison. While serving where in the socialist world. treatment according to reports his three-month term, Roberto The Cuban Government has smuggled out of prison last was sentenced to an additional stepped up repression in contrast August. Castro’s crackdown year, ostensibly for working as a to the limited relaxation effected continues today—two Cuban photographer without permis­ in 1988. Castro cracked down Human Rights Party members sion. on human rights groups, were arrested just two days be­ Internationally recognized executed General Arnaldo fore this session opened. human rights monitoring groups Ochoa and three other officers We would like to denounce also recognize that the situation without a fair trial and denied the psychological torture in Cuba has deteriorated. Am­ internationally recognized suffered by the families of Dr. nesty International, in a Decem­ human rights monitors permis­ Guillermo Delmonte and Roger ber 1989 report, states “that sion to attend the trial of three Vazquez. The Cuban Government since the end of 1988, the Cuban human rights leaders. Reliable ment will not allow them to authorities have adopted a less reports of prisoner abuse and leave. In the words of Isidoro tolerant attitude toward public beatings have risen as well. Malmierca in a letter to their dissent and there has been an Amnesty International de­ families: for “trying to shed an increase in the number of reports nounced in December the mis­ overcast” (tratar de empañar) of political imprisonment of hu­ The most visible treatment of political prisoners. on the Cuban revolution. In my man rights activists....” evidence of in­ creased repression In one case, prison guards broke words: for wanting liberty and I firmly believe that the Castro is Castro’s crack­ up a prison protest by beating family reunification. Government continues to be one down on human and using electric prods on 11 I would like to tell you about of the worst violators of human rights activists. Combinado del Este prisoners in two cases that show how the rights in the world today. What Since the Human December 1988. Two of the Cuban regime deals with human we have here is the Ceausescu of Rights prisoners had to be treated for rights defenders. Elizardo the Caribbean; one of the last Commission s cranial fracture. Sanchez, a human rights leader, Stalinist dictators in the world Working Group on The most visible evidence of was arrested August 6 for “dis­ today. Cubans, under Fidel Cuba visited increased repression is Castro’s seminating false news.” Castro, do not possess equal pro­ Havana in Septem­ ber 1988, Cuban crackdown on human rights ac­ E lizardo real crime was tection under the law, the right to authorities have tivists. Since the Human Rights talking to foreign journalists freely choose government repre­ arrested or Commission’s Working Group about the Ochoa trial. Elizardo sentatives, freedom of expres­ detained over 60 on Cuba visited Havana in Sep­ was held in an isolation cell for sion, freedom of peaceful Cuban human tember 1988, Cuban authorities 36 days and tried and sentenced assembly and association, or rights activists. have arrested or detained over in November to two years in freedom to travel abroad without

2 restriction. They are subjected to down at home. He is even ar­ which was submitted by our constant surveillance by neigh­ resting Communist students at State Department last week to borhood watch groups, the Com­ the University of Havana for ad­ the Congress of the United mittees for the Defense of the vocating glasnot and perestroika States, and which we make Revolution, now directed by a s t y l e reforms. available to this distinguished well-known Stalinist general. Castro has promised to allow Commission [see page 11], and They have no free press, no in­ the island to sink before to you Madame Chairperson, is dependent judiciary and no allowing for an opening. He has the most complete report that autonomous institutions. promised to “perfect” Marxism- exists on the subject of human The question before the Com­ Leninism and the dictatorship of rights. It is objective, impartial mission is what to do about the a one-party State. To say that he and apolitical. It applies the Cuban dictatorship increasing is going to “perfect” a totalitar­ same universally recognized human rights abuses. Castro is ian system is like South Africa human rights standards to which making a mockery of this Com­ saying that they will perfect we are all committed to each and mission by jailing all but a “apartheid.” every country. As a result, we handful of Cuba’s human rights Madame Chairperson, no speak frankly, and often criti­ leaders, some of whom testified single speech can adequately cally, even of our most dear before the Cuba Working assess the human rights situ­ allies. Group. This Commission was ation throughout the world. No The United States believes Castro is making a conceived to give a voice to single statement can make that the Charter of the United mockery of this those who have nowhere else to mention of each and every Nations and the mandate of this Commission by jailing all but a turn and to protect those who human rights abuse. Although Commission require this handful of Cuba’s can find no protection in their the suffering of a single child in evenhanded treatment of human human rights homeland. the most remote village on the rights. It is the only principled leaders, some of What is needed is to refocus globe is not less worthy of approach. We call on all of the whom testified international scrutiny on Cuba’s comment than the suffering of members of this Commission to before the Cuba human rights abuses. Interna­ thousands, we must bow to the contribute to the international Working Group. tional pressure helped promote constraints of our allotted time. discussion of human rights in the This Commission was conceived to limited improvements in 1988 The State Department of the same spirit, both out of respect give a voice to and it can work again in 1990. United States, however, is not for those who suffer at the hands those who have The time to act is now. Without constrained, either by time or by of unfair governments, and in order to ensure the integrity of nowhere else to international attention on Castro, space, in its goal of setting turn and to protect the noble work we do here. the situation is likely to worsen. down in writing an objective as­ those who can find Castro is responding to change sessment of human rights no protection in in Eastern Europe by cracking around the world. This report, ♦> ♦> ♦> ♦> their homeland.

3 Statement by Michael Lillis, Irish Ambassador to the Human Rights Commission, on behalf of the European Community 46th Session, February 21,1990

A year ago the Twelve [states at all times, as I have suggested, of human rights has made major of the EC] looked hopefully to remind ourselves that the first progress, not alone in the conti­ the results of the visit to Cuba of duty of the Commission is, not nent on which we live ourselves, an inter-regional mission which to itself, but to the people and but in many other regions. So was mandated by the Commis­ especially those who have many lamps which were in sion to report on the human problems in the area of human darkness for so long, are again rights situation in that country. rights. The Twelve are seriously beginning to illuminate their We saw merit in the report of concerned at reports of reprisals own regions and the wider the visiting group which carried out since our session last world. Alas, many grave properly and carefully reflected year against many of those problems remain, as the few ex­ the problems and the achieve­ citizens who, by their own amples I have mentioned dem­ ments of Cuba in the human account, in circumstances of onstrate. We are nevertheless rights area. It is noteworthy that difficulty, approached the repre­ disposed to be optimistic and we many of the constitutional and sentatives of the Commission believe that the Commission legal problems in the area of while in Cuba. We believe that must take the opportunity human rights now being these report must be investi­ offered by the improvements we energetically addressed by gated because the Commission are witnessing to press steadily The Twelve are se­ Eastern European countries were must be seen to act to ensure ahead. At all costs the Commis­ riously concerned raised in that report, along with that the guarantees against repri­ sion must at this time build on at reports of many problems of administra­ sals against witnesses received its existing credibility and avoid reprisals carried tive practice. For that reason and from Governments, no matter taking politically motivated or out since our ses­ for the fact that it was the result who or where they are, are fully perverse decisions which would sion last year of a co-operative effort between respected. We also believe that strike despair into the hearts of against many of representatives of all the re­ there are aspects of the report, in those very people who look to us those citizens who, gional groups in this body, the particular certain unanswered for hope and for action. We are by their own report was an impressive ex­ questions put to the Cuban au­ convinced that the people of the account, in ample of the capacity of our thorities by the representatives world today expect from this circumstances of difficulty, ap­ Commission to address difficult of the Commission, which session a strong message which proached the repre­ issues, even in controversial remain to be clarified.... shows that the Commission is sentatives of the cases, in a comprehensive way. Madam Chairperson, the encouraged by the new improve­ Commission while Although we welcome this Twelve are convinced that we ments in human rights in many in Cuba. aspect of the exercise, we must live in a world where the cause areas of the world to commit itself to greater efforts to attend to the just human rights needs of Statement by Zdenek Pagac, Czech representative to the those who are still suffering from tyranny and oppression. U.N.. Human Rights Commission explaining his country ’s There are several ways in which co-sponsorship of U.S.. Resolution: we can do this: through address­ ing those very problems more I would like to comment on the position of my government before the vote. energetically, through strength­ We could hear in this hall that the co-sponsorship of my country to the L.36 revision one, ening the mechanisms and re­ is a historic moment. Let it be called as it may—there is nothing surprising in it. This step sources of the Commission itself is connected with the changing attitude of my government towards the human rights issues and through renewing our com­ in general. We believe that these questions should always be considered free of ideological mitment to achieving real lasting aspects. results through our co-operation The same may be said about the whole work of our Commission. We reiterate the support in this body. for United Nations coherent system in the field of human rights. Let us not neglect this oppor­ Please take this as an explanation of our position in this respect. tunity. Thank you. ♦> ♦> ♦> ♦> oro

4 Statement by Maria Paz Martinez Nieto of the non-governmental organization Educators for Peace

Madame Chairperson, Madame Chairperson our regime or wish to participate in There have been many organization has maintained ecological, pacifist or human changes in the world since I close contact with the Secretar­ rights organizations in Cuba are spoke before this Commission a iat, to whom we express our considered criminals. By year ago in the name of this gratitude for their efforts in “coincidence” all these people organization, Educators For receiving and channeling had been in touch with the U.N.. Peace. All human rights activists testimonies and denunciations in Working Group. have seen with hope and dreams the case of Cuba. We regret, The Cuban representative also the coming of democracy and however, that this work has said that the U.N.. Working liberty for the East-bloc coun­ been ignored by the Commis­ Group visited as many jails as it tries. This struggle for a free sion because invariably, year wanted. But we know that when future encourages us to ask this after year, politics has overshad­ they asked to see Quivican Commission for its understand­ owed the objective for which Prison, Cuban authorities said it ing and assistance regarding this Commission was created— was closed. This was denounced those countries still dominated the monitoring and protection of by Amnesty International and by by totalitarian regimes. human rights around the world. prisoners in Quivican, who sent Non-governmental organiza­ their protests to human rights A year ago we thanked the tions are very close to human organizations. group of Ambassadors who rights problems. We are In light of the responsibilities travelled to Cuba for their responsible for ensuring that the given to Secretary General Perez objectivity when they included denunciations we receive from de Cuellar in Resolution 1989/ in their report a number of victims reach this Commission. 113, we have sent him denuncia­ denunciations by human rights Our sensitivity is heightened tions we received from inside organizations. We thought then when “for matters of procedure” Cuba. We were expecting that that something would change in problems are withheld and the this Commission would ask him Cuba after the U.N.. Working suffering of people is prolonged. to report on his contacts with the Group’s visit. Unfortunately, our Those individuals who dared to Cuban government regarding hope did not last long. Even We have heard the testify before the Working questions left pending from last before the 45th session ended Cuban representa­ Group that visited Cuba had put year’s report. we presented to the Commission tive deny that there their fears aside because of were reprisals a list of reprisals against Cuban For years we have heard in promises made to the Group of against individuals citizens who met with the this Commission that there was Ambassadors that there would who met with the Working Group. no proof of human rights be no reprisals. violations in Cuba. No one can U.N.. Working Since then, the denunciations What can we say now to those say that now. Evidence was Group. He stated that these individu­ have increased. Some of them who were beaten and threatened gathered, documented, and als in prison had have echoed in the international presented in the report. at the doors of the Hotel Comodoro broken Cuban press and in the different human where the U.N.. Working We ask if the Ambassadors rights institutions. laws. In effect, Group held the meetings? What who visited the island have any those who disagree It is surprising that this year can we say to the human rights doubts about the evidence. Does with the regime or Cuba is not on the activists now in prison? What the Secretary General? Does this wish to participate Commission’s agenda and that does the Commission intend to Commission? If that were the in ecological, last year’s report has been do about this? case, we would insist with pacifist or human virtually ignored. It would seem We have heard the Cuban greater strength to continue the rights organiza­ tions in Cuba are almost as if Cuba were a representative deny that there investigation because, Madam considered democracy and that human were reprisals against individu­ Chairperson, the credibility of criminals. By rights violations on the island this Commission and of the als who met with the U.N.. c oincidence” all were merely a product of the Working Group. He stated that United Nations will be main­ these people had imagination of isolated groups these individuals in prison had tained only if those who trust its been in touch with that insist in denouncing the broken Cuban laws. In effect, authority do not feel betrayed. the U.N.. Working Cuba situation. those who disagree with the Group.

5 Congress of the United States House of Representatives Washington, D C . 20515 April 3, 1990 President Fidel Castro Havana, Cuba Dear Mr. President: In the course of the last year, revolutionary changes have been taking place around the world. The Berlin Wall has fallen. Lech Walesa’s Solidarity has come to power in Poland, and throughout Eastern Europe old hard-line regimes are being replaced by democratic governments. In the Soviet Union, President Gorbachev has continued to press for glasnot and perestroika and the Soviet Communist Party recently agreed to relinquish its constitutionally guaranteed leading role-opening the way to multi-party elections. Now that the Cold War is coming to an end around the world, we believe it is time for a reconciliation to take place between our two countries that would end thirty years of mutual hostility and mistrust. We are writing you as Democrats and Republicans, liberals and conservatives, to tell you that we believe that a normalization of relations—which would respect Cuba’s political independence and sovereignty and allow for a full restoration of economic and trade ties-—can be achieved if your government would initiate a program of truly democratic reforms similar to those underway elsewhere in the Socialist world. Specifically, we would strongly suggest that you recognize the necessity of allowing the Cuban people to decide their own political destiny by being able to vote in free and open elections held under interna­ tional supervision. Towards this end, we urge your government to: 1) immediately release human rights activists and other political prisoners from detention, 2) permit the formation of independent opposition parties in Cuba, and 3) schedule free and open national elections to take place within the next year. We hope that you will give our proposals very careful consideration and we respectfully request a meeting with you, at your earliest convenience, to discuss these proposals in greater detail.

Sincerely,

Edward J. Markey, M.C. Gerald B. H. Solomon, M.C. Signatories:

Democrats Claude Harris Harry Johnston Ron Machtley Barbara Vucanovich Lawrence J. Smith Terry L. Bruce James M. Inhofe Robert J. Lagomarsino Edward J. Markey Ralph M. Hall Jaime B. Fuster Frank R. Wolf Larry E. Craig Bill Richardson James H. Scheuer Frank Pallone, Jr. Dean A. Gallo Herbert H. Bateman Timothy J. Penny Richard J. Durbin Donald M. Payne John Edward Porter Curt Weldon David R. Nagle Douglas H. Bosco John Bryant Toby Roth Jim Lightfoot Barney Frank Howard Wolpe Thomas R. Carper Norman F. Lent Wally Herger Stephen L. Neal George E. Brown, Jr. Joseph E. Brennan Edward R. Madigan Silvio O. Conte Robert J. Mrazek Ron de Lugo Peter A. Defazio Dan Burton Ron Packard Tim Johnson Michael R. McNulty Vic Fazio Constance A. Morelia David Dreier Gerry Sikorski H. Martin Lancaster jim Cooper Claudine Schneider Denny Smith Glenn Poshard Wayne Owens Ben Jones Philip M. Crane Paul B. Henry Les AuCoin James A. Traficant, Jr. Gary L. Ackerman Chuck Douglas Bill Frenzel Mary Rose Oakar John Joseph Moakley Ben Erdreich John P. Hiler Lynn M. Martin Robert A. Borski James L. Oberstar Bernard J. Dwyer Dick Armey Thomas J. Bliley, Jr. Ike Skelton Frank McCloskey Douglas Applegate Elton Gallegly Hank Brown Howard L. Berman Joseph P. Kennedy Walter E. Fauntroy Thomas E. Petri Christopher H. Smith Nancy Pelosi Matthew F. McHugh Jerry Huckaby Bill Lowery Bob Livingston George Miller Barbara Boxer Bill Grant C. W. Bill Young Patricia Schroeder Rick Boucher Republicans Lawrence Coughlin Fred Upton Dan Glickman Albert G. Bustamante Frank Horton Ben Nighthorse Chester G. Atkins Nita M. Lowey Gerald B. Solomon Doug Bereuter Campbell Bill Nelson Peter H. Kostmayer Matthew J. Rinaldo Helen Delich Bentley Henry J. Hyde Julian C. Dixon Roy P. Dyson Porter J. Goss Newt Gingrich Jim Sensenbrenner, Jr. Daniel K. Akaka Ronald D. Coleman Cass Ballenger Craig T. James John Miller

6 101st CONGRESS 2nd Session H. RES. 381

Relating to human rights abuses by the Government of Cuba and reprisals by the Cuban Government against those Cuban citizens who testified before the Cuba Working Group of the United Nations Human Rights Commission.

IN THE HOUSE OF REPRESENTATIVES April 19, 1990

Mr. Smith of New Jersey (for himself, Mr. Fascell, Mr. Broomfield, Mr. Yatron, Mr. Bereuter, Mr. Crockett, Mr. Lagomarsino, Ms. Ros-Lehtinen, Mr. Goss, Mr. Owens of Utah, Mr. Burton of Indiana, Mr. Lantos, Mr. Gallegly, Mr. Solomon, Mr. Ackerman, Mr. Hyde, Mr. Bosco, Mr. Miller of Washington, Mr. Weiss, Mr. Gingrich, Mr. Dwyer of New Jersey, Mr. Armey, Mr. Frank, Mr. Lent, Mr. Mavroules, Mr. Weber, Mr. Dornan of California, Mr. Gallo, Mr. Sikorski, Mr. Rinaldo, Mr. Smith of New Hampshire, Mr. Walker, Mr. Wilson, and Mrs. Morelia) submitted the following resolution; which was referred to the Committee on Foreign Affairs.

RESOLUTION

Relating to human rights abuses by the Government of Cuba and reprisals by the Cuban Government against those Cuban citizens who testified before the Cuba Working Group of the United Nations Human Rights Commission.

Whereas the United States Department of State Country Reports on Human Rights Practices for 1989 finds that the Government of Cuba engages in the systematic abuse of human rights;

Whereas the report indicates that human rights conditions in Cuba have worsened significantly in 1989;

Whereas, pursuant to United Nations Human Rights decision 1988/106 in March 1988, the commission undertook a review of Cuban human rights practices by the Cuba Working Group of the United Nations Human Rights Commission;

Whereas, in response to international pressure, the Government of Cuba invited a delegation of the United Nations Human Rights Commission to Cuba to investigate the status of human rights, offered to guarantee the Cuba Working Group representatives free and unhindered access to the people of Cuba, and promised that Cubans who presented testimony to the United Nations representatives would not be punished;

Whereas the Government of Cuba has since engaged in an effort to punish human rights defenders, a number of whom were interviewed by representatives of the Cuba Working Group of the United Nations Human Rights Commission;

Whereas more than 60 human rights activists have been arrested or detained since the Cuba Working Group concluded its investigation in September 1988;

Whereas Cuban human rights activists, including Enrique Acosta Ruiz, Tania Diaz Castro, Alfredo Samuel Martinez Lara, Elizardo Sanchez Santa Cruz, Hiram Abi Cobas, Javier Roberto Bahamonde Masot, and David Moya Alfonso have been arrested and forced to serve prison terms for their legitimate human rights activities;

7 Whereas the Government of Cuba has denied internationally-recognized human rights monitors access to the trial of a number of human rights leaders;

Whereas such arrests and imprisonments constitute a pattern of harassment and intimidation aimed at those Cuban human rights activists and Cuban citizens who cooperated with the Cuba Working Group;

Whereas, on March 6, 1990, the United Nations Human Rights Commission approved a resolution citing its concerns regarding the human rights situation in Cuba;

Whereas President Fidel Castro announced that the Government of Cuba refuses to comply with a single provision of the resolution;

Whereas, after adoption of the United Nations Human Rights Commission resolution, at least 11 human rights activists have been arrested and others have been harassed and threatened; and

Whereas it is in the interest of all parties to ensure that nations do not undermine the efforts of the United Nations Human Rights Commission: Now, therefore, be it

Resolved, That the House of Representatives— (1) commends the United Nations Human Rights Commission for extending the mandate of the Cuba Working Group with regard to the human rights situation in Cuba; (2) condemns the Government of Cuba for engaging in a consistent pattern of gross violations of interna­ tionally-recognized human rights against the Cuban people and deplores the continued systematic harassment of Cuban human rights activists; (3) calls upon the Government of Cuba to honor its repeated guarantees that individuals who testified before representatives of the Cuba Working Group of the United Nations Human Rights Commission would not be subject to reprisals, detentions, or negative consequences of any nature whatsoever; (4) urges the Government of Cuba to release all human rights activists and other political prisoners; and (5) calls upon the Government of Cuba to meet universally-recognized standards of human rights and fundamental freedoms.

PASSED 391 - 2

“Communist governments and dictator­ “Sadly, the changes bringing freedom and ships of all political persuasions are dying justice to oppressed nations have yet to throughout the world. Apparently no one bring an end to ongoing and egregious has told Mr. Castro. This resolution says to human rights abuses in Fidel Castro’s the Cuban people that the international Cuba. community will continue to support their “As communism crumbles in nearly all democratic aspirations so that their country corners of the world, Cuba’s Castro re­ can join the community of new democratic mains the last vestige of that failed philoso­ nations.” phy in our hemisphere. — Gus Yatron (D — PA) “With a changing world closing in on him, Castro remains like a relic of the past. Still waving his arms still shaking his fist in the air, Castro rants and raves about the “This sense is not just that of Congress, it perceived glories of long ago yesterdays is a growing sense around the world. We that are now clouded by harsh realities of are moving toward a more peaceful world the economic and sociological failure of that will not tolerate dictators like Castro.” totalitarian communism.” —Claudine Schneider (R-RI) —Porter Goss (R-FL)

8 “The systematic harassment of Cuban “Cuba’s reigning dictator, Fidel Castro, human rights activists is an indictment of apparently hasn’t woken up to the truth that the Castro regime. At a time when other his former Communist colleagues have formerly totalitarian countries have opted learned. That is that fundamental freedoms for greater openness and freedom in their and human rights can only be suppressed societies, Fidel Castro is cracking down on for so long. However, just like Eastern precisely those elements of Cuban society Europe and other Communist countries, which have called for Cuban-style glasnot democracy will one day come to Cuba.” and perestroika. —John Porter (R-IL) s ignatories to [my April 3] letter, both Democrats and Republicans, liberals and conservatives, were united in the conviction that things in Cuba have to change, and “It is a great source of sorrow for me to change soon. It signalled that after a decade think that a mere 90 miles from our shores, of contentious national debate on Nicara­ an entire people is still enslaved to the gua, El Salvador and other Latin American whims of a dictator. Our Cuban brothers issues, there is a consensus regarding and sisters have bravely weathered the past Cuba.” 30 years of misery and oppression. It is time — Edward Markey (D — MA) to bring their nightmare to an end. Armando Valladares wrote while he was languishing in one of Castro’s jails: ‘They have taken everything away from “I know what it is to lose one’s homeland me—or almost everything. I still have my to communism, and the whole world, smile, the proud sense that I’m a free man, especially Cuban exiles in the United States, and an eternally flowering garden in my rejoiced when the Soviet bloc nations soul.’ rejected totalitarian regimes and embraced “Those are the things which were put in democracy. We want this resolution to bring every human being by God Almighty, and a about the same effect. We wish to give hope million Fidel Castors cannot take them to those enslaved Cubans still suffering in away.” Castro’s gulag.” — Dan Burton (R — IN) —Ileana Ros-Lehtinen (R-FL)

“Those who testified and many other “Fidel Castro promised the Commission activists who simply have expressed a that he would cooperate with the investiga­ human right of the most basic kind, which is tion, that he would not retaliate against to point out the harassment and torture and Cubans who talked to investigators. Fidel other unpleasant actions against people Castro lied. The U.N.. Human Rights Com­ who are expressing their belief about how mission resolution and the resolution before their government should treat their own us today, provide a clear message that the people, were jailed, tortured, and harassed. government of Cuba is being held account­ It is certainly very proper for the Congress able for its human rights record, and that of the United States, on behalf of the Ameri­ violations of those rights will not be ignored can people, to say we condemn those kinds nor condoned.” of activities.” — William Broomfield (R — MI) — Dante Fascell (D — FL)

9 “Castro’s totalitarian regime is virtually “The United States is a nation that was isolated now that democratic changes are founded for liberty and human rights—for sweeping through the world. His efforts to the freedom to speak and assemble and maintain his power and control over the worship, each in our own way. This is our people of Cuba are reaching ever more heritage—one that we must never abandon disparate proportions as witnessed by his for the expediency of the moment. These are feeble attempts with reprisals against Radio values for which we have stood for 200 Marti and TV Marti. years. These are the values that we seek “It is imperative that we in the Congress from the Cuban government.” forcefully and convincingly condemn the — Cliff Steams (R — FL) orchestrated campaign of terror carried out by Castro against those who seek justice for those defending human rights in Cuba.” — Robert Lagomarsino (R — CA) “The House of Representatives today goes on record again to call on Castro to release all human rights activists and other political prisoners. “Fidel Castro is probably right now, “It appears that the Castro regime is not along with a couple of others, one of the impressed by the U.N.’s criticisms of its worst human rights violators in the world. 1 actions, nor is he impressed by the world­ think this resolution deserves at least 400 wide movement to promote basic human votes from this body....” rights and democratization. While in other parts of the world former prisoners of war — Bill Richardson (D — NM) and opposition labor leaders are now in government and even performing as heads of states, witness Czechoslovakia, Castro continues to commit crimes against his own “For over 30 years the Cubans have had people.” the boot of a single dictator. There has not —Christopher Smith (R-NJ) been an election in Cuba in over 30 years. There has not been the freedom to do anything; own a newspaper, print the truth; own a radio station, tell the truth; own a TV station, show the truth. None of that can be “Today, Fidel Castro stands alone as the done in Cuba. only dictator in Latin America. In a year “Is this the great society that Castro sold that has been marked by democratic open­ them a dream of in 1959 when they rose up ings around the world, the Cuban regime against the dictator to take possession of has clung to its singular hold on power, their own country? denying its citizens the right to change their government, to speak freely to associate “It is not. It is a bitter, cruel truth, that freely, to travel freely—in short, to enjoy just as in Nicaragua, the revolution was co­ basic human rights.” opted and stolen.... Castro has dungeoned, jailed, beaten, oppressed, tried, and mur­ —Edward Feighan (D — OH) dered all of his political opponents.” — Larry Smith (D — FL)

10 U.S.. Department of State COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1989: CUBA

Cuba is a totalitarian state now under de facto control of tion, or freedom to travel to and dominated by a single person, the Revolutionary Armed from Cuba without restriction. Fidel Castro, who is Chief of Forces (FAR). The mass organi­ There is no independent judici­ State, head of Government, zations attempt to extend gov­ ary, due process safeguards can leader of the Communist Party, ernment and Communist Party be and are constitutionally and Commander-in-c hief of the control over each citizen daily circumvented, and defense Armed Forces. With support activities at home, work, and attorneys face severe disadvan­ from a few long-time associates, school Citizens are exhorted to tages under the judicial system. President Castro exercises ensure ideological conformity Aside from the churches, which control over nearly all aspects of and to report deviation. themselves are monitored by the Cuban life through a network of The Cuban economy is highly party, there is virtually no directorates ultimately respon­ centralized and managed by a institutional autonomy in Cuban sible to him through the Com­ group of advisors close to society. All media are Govern­ munist Party. The party is the President Castro. The Govern­ ment-owned and remain under only legal political entity and is ment controls the means of tight control, and the practice of headed by a self-perpetuating production and is virtually the religion continues to be discour­ elite. All government positions, country’s sole employer. In the aged. Government efforts to mo­ including judicial offices, are late 1970’s, Cuba began to use nopolize control over many controlled by the party. Elec­ market mechanisms, but in 1986 aspects of life remain very tions are held only to endorse the Government reversed course intrusive. party-approved candidates; there and began the ongoing “rectifi­ The human rights situation in was one isolated exception in cation of errors” campaign. It 1989 worsened significantly 1989 (see Section 3). Though sought to stamp out an emerging from the previous year. The not a formal requirement, party informal private sector while Government stepped up repres­ membership is a de facto promoting antimaterialist sion in marked contrast to the prerequisite for high-level “socialist morality.” The aban­ limited relaxation effected in official positions and profes­ donment of the liberalization 1988. During the year the Gov­ sional advancement in most program in favor of more ernment cracked down on areas. orthodox Communist policies human rights groups, executed The Ministry of Interior has played a major role in the four uniformed officers without (MININT) is the principal organ Cuban economy recent a fair trial, and denied interna­ Cubans do not of repression and of totalitarian stagnation. In 1989 this cam­ tionally recognized human rights possess equal pro­ control. It operates border and paign of Marxist economic monitors permission to attend a tection under the police forces, orchestrates public orthodoxy caused sharp con­ trial of three human rights law, the right to demonstrations, determines the flicts with Cuba’s reform- leaders. Efforts by the United freely choose gov­ legality of associations, investi­ minded socialist trading part­ Nations Secretary General to im­ ernment represen­ gates evidence of nonconform­ ners. plement a U.N.. Human Rights tatives, freedom of expression, ity, regulates migration, and Cubans do not possess equal Commission (UNHRC) resolu­ freedom of peaceful maintains pervasive vigilance protection under the law, the tion to follow up on reported assembly and asso­ through a series of mass organi­ right to freely choose govern­ abuses in Cuba had by year’s ciation, or freedom zations and informers. The ment representatives, freedom end produced little response to travel to and Ministry underwent structural of expression, freedom of from the Cuban Government. from Cuba without reorganization in 1989 and is peaceful assembly and association The only positive carryovers restriction.

11 from 1988 into 1989 included abuse and beatings rose in 1989, ported in 1989. Four dissidents continued releases of political with a severity in some cases were confined in psychiatric prisoners, permission for the amounting to torture. There was hospitals, ostensibly for evalu­ International Committee of the no indication that Cuban ation, for periods ranging from a Red Cross (ICRC) to again authorities undertook investiga­ few days to several weeks. None interview political prisoners, and tions or disciplinary actions in of the four reported mistreatment the slight expansion of the 1988 response to charges of such during their hospital stays. One, exceptions granted to the abuse. Punishment cells remain Julio Soto Angurel, leader of the churches. in regular use for disciplining Jose Marti Council of Independ­ inmates, in violation of international ent Defenders of Human Rights RESPECT FOR HUMAN tional norms. Rodolfo Frometa and National Reconciliation, re­ RIGHTS and Angel Donato Martinez, mained at year’s end in the two “nuevos plantados” (new Havana Psychiatric Hospital, Section 1: Respect fo r the In­ prisoners who refuse prison where he was confined after his tegrity of the Person, Including “reeducation”), reportedly were arrest on October 8. Freedom from: held incommunicado in punish­ Following his release in 1989, a. Political and Other Extrajudi­ ment cells in Combinado del Cuban Human Rights Commit­ cial Killing Este Penitentiary for more than tee member Jesus Leyva Guerra FAR General Arnaldo Ochoa, one year from 1988 to 1989. In reported that security police de­ MININT Colonel Antonio De la January there were multiple tained him in July 1988 and then Guardia, MININT Major allegations that guards had transferred him to the prison Amado Padrón, and FAR beaten and placed in isolation ward of the Gustavo Machin Captain Jorge Martinez were cells several prisoners in Psychiatric Hospital in Santiago executed by firing squad on July Combinado del Este during a de Cuba. Leyva said he was 13 following a show trial (see protest by the so-called lancheros forced to undergo psychiatric Section l.e.). Although the full (persons arrested for illegal “treatment” and, after he began a story behind the Ochoa/De la attempts to leave the country). hunger strike, was subjected to Guardia case is still unclear, Cuban Human Rights Party electroshock six times. there are circumstantial indica­ activist David Moya was With a sharp drop-off in the tions that political motivation severely beaten in a Pinar del number of outside groups may have played a part in Rio prison for organizing pro­ permitted to visit Cuban prisons making Ochoa the key figure in tests against prisoner mistreat­ in 1989, it was far more difficult the case and in sentencing him ment, according to the Cuban to appraise current conditions. and three others to death. Human Rights Party and his Physical improvements in prison Although not politically own reports smuggled out in conditions, such as in ventilation motivated, there have been some August. The beating and use of and sanitation, that were made in reports of police officers engag­ electric prods on 11 Combinado 1988 before visits by interna­ ing in unjustified use of lethal del Este inmates in December tional human rights groups, force. In one such example, 1988 reportedly resulted in two apparently were largely main­ police investigating a petty theft prisoners being treated for cra­ tained but not expanded during killed a Havana youth, Elisco nial fractures. The prisoners 1989. Local human rights moni­ Canada Coffiguez, in June and were protesting the removal of a tors assert that punishment cells in another Julian Cela Cuellar political prisoner to a prison for in provincial jails featured was reportedly shot to death in common criminals. In March harsher conditions of confine­ Havana on July 8, for allegedly and August, dozens of Com­ ment. Reliable reports of verbally abusing an arresting binado del Este inmates en­ prisoner abuse and Political prisoners released in officer who was breaking up a beatings rose in gaged in hunger strikes and 1989 claimed that, while 1989, with a street fight. smuggled out written denuncia­ conditions remained the same severity in some b. Disappearance tions of the conditions of their for those incarcerated for politi­ cases amounting to confinement; these protests cal offenses, mistreatment of There were no credible reports torture. There was reportedly resulted in several common prisoners increased of politically motivated disap­ no indication that severe beatings and frequent during the year. There were re­ pearances in 1989. Cuban authorities confinement in punishment ports of beatings of prisoners undertook investi­ c. Torture and Other Cruel, In­ cells. incarcerated for attempting to gations or discipli­ human, or Degrading Treatment Several charges of confine­ leave Cuba without government nary actions in re­ or Punishment sponse to charges ment of political prisoners in permission. These prisoners, of such abuse. Reliable reports of prisoner psychiatric hospitals were re­ who are treated as common

12 criminals, were protesting the invoked by Cuban authorities human rights leaders were Government’s refusal to who, in the past, justified confined in the Villa Marista de­ recognize them as political lengthy detentions of dissidents tention center for about 6 weeks prisoners. Reports smuggled out by characterizing them as before being transferred to Com­ of the prisons indicate, however, “counterrevolutionary ele­ binado del Este prison. Accord­ that political reeducation of ments.” ing to Sanchez, while in Villa prisoners has become essentially Arbitrary arrests and pro­ Marista they were each held in voluntary since 1988; therefore, longed detentions without trial solitary confinement inside prisoner protests have largely of dissidents increased in late windowless 10-foot by 3-foot centered on general prison con­ 1988 and continued through isolation cells that were brightly ditions. 1989. At least 18 such arrests, illuminated 24 hours a day for Local human rights monitors followed by prolonged deten­ 36 days prior to their November reported a notable rise in tions, of dissidents took place in 17 trial. incidents of alleged police bru­ the weeks following the Sep­ Orlando Polo, leader of the tality by arresting officers, often tember 1988 UNHRC visit. “Green Path” ecological-pacifist in situations involving minor Since then, a total of approxi­ group, was arrested three times offenses. These included the mately 50 dissidents have been in August and September and shooting of Edel Guerrero Licea subjected to punitive actions held without being charged for and Hidelberto Figuerado in ranging from threats, harass­ one week in the Villa Marista Palma Soriano at a religious ment, and beatings to detentions detention center and for two festival in December 1988, the and imprisonment. Cuban weeks in the Havana Psychiatric August 16 shooting of Iran authorities used brief detentions Hospital. In Villa Marista, Polo Sanchez Hernandez (who was ranging from several hours to was interrogated about unspeci­ attempting an illegal departure several days to intimidate dissi­ fied charges without the benefit from the island), and the shoot­ dents without formally charging of an attorney. ings of a Havana youth for “re­ them. Several more activists sisting arrest,” and a 16-year-old For example, seven members continued to be held at year’s after a traffic infraction. In none of the Free Art Association end without charges. Enrique of these cases has there been any (APAL) were detained for Acosta Ruiz, Sergio de la Vega indication that any police offi­ months before being charged Gomez, and Lázaro Rosa cial was investigated or pun­ and brought to trial in Septem­ Arbolez were arrested in April. ished for such actions. Two ber 1989. Lázaro Cabrera Esteban Gonzalez, Manuel Pozo other incidents ended in death Puente, Pablo Pupo Sanchez, and two other members of the (see Section l.a.). Juan Garcia Cruz, Gilberto Pro- a mnesty Committee, a d. Arbitrary Arrest, Detention, Plasencia, and Ramon Obregon group calling for the release of Arbitrary arrests or Exile had been detained since October political prisoners, were arrested and prolonged de­ Article 245 of the Cuban Law 1988. Carlos Novoa and Jose in September. Cuban Human tentions without of Penal Procedure requires Mari Becerra had been arrested Rights Party activist Edita Cruz trial of dissidents police to file formal charges and in January. Amnesty International was taken into custody in increased in late either to release a detainee or tional (Ai) reported that Novoa November. Altogether, over 25 1988 and continued through 1989. At place him at the disposition of a had gone on a 59-day hunger arrested or detained activists least 18 such prosecutor within 96 hours. strike beginning in May to were still imprisoned or held arrests, followed by demand that he be charged and without being charged at year’s Authorities are also required to prolonged deten­ brought to trial. provide suspects with a defense end. tions, of dissidents attorney within 10 days of Elizardo Sanchez (President Reliable reports indicated that took place in the arrest. Despite some signs that of the Cuban Commission for some prisons were filling up weeks following the authorities were more concerned Human Rights and National again in 1989 after the Government September 1988 to follow legal forms, Cuban Reconciliation), Hiram Abi ment reportedly released over UNHRC visit. Since procedural rights related to Cobas (head of the Cuban 8,000 criminal offenders in 1988 then, a total of ap­ arrest continue to be widely Human Rights Party), and under the new penal code. In proximately 50 dis­ denied. Article 61 of the Hubert Jerez (head of the Marti 1989, the authorities began a sidents have been subjected to Constitution permits denial of Committee for Human Rights) massive and sustained campaign punitive actions all recognized civil liberties in were arrested on August 6 for to prosecute economic offenders, ranging from the case of anyone actively “disseminating false informa­ and this may be adding to the threats, harass­ opposing the “decision of the tion” concerning the trial of prison population. Reports from ment, and beatings Cuban people to build social­ General Ochoa (see Section inside prisons indicate that the to detentions and ism.” This article is implicitly 1 .e.). Following their arrests, the number of offenders incarcerated imprisonment.

13 for attempted illegal departures ber 1988 that it would free 225 and the Council of State (Article increased in 1989 although political prisoners, including 44 122). Judges are elected by the prison sentences for the offense it had previously labeled as too rubber-stamp National Assembly remained moderate by Cuban dangerous to release. Cuban au­ and its lower level counterparts. standards. In 1988, especially in thorities subsequently did not The independence of the the months leading up to the release the entire group, judiciary is compromised by the visit of the UNHRC Cuba although at least 8 of the 44 de facto subordination of the Working Group, many persons “dangerous” prisoners, includ­ courts to the Communist Party: arrested for illegal departure ing p lantado historico” Alberto there is no known case in which attempts from the island were Grau, were freed in 1989. There a Cuban court has successfully not jailed but were fined and are three remaining p lantados ruled against the Government on released with a severe warning. historicos'n (long-term political any political or security matter. Precise numbers of political prisoners who have refused Civil courts exist at three prisoners in Cuban jails are “reeducation”) still in prison. levels—municipal, provincial, difficult to determine because of Alfredo Mustelier, one of these and the Supreme Court. All civil the release of hundreds of pris­ three who has served 20 years courts are presided over by oners over the last two years, of his 25-year sentence, claims panels composed of a mixture of differences in definitions of that he should be released under professionally prepared judges political prisoners, and the retroactive provisions of the and lay judges. There is also a Government’s traditional 1988 Penal Code. He undertook system of military tribunals secrecy about the prison popula­ two lengthy hunger strikes in which tries certain counterrevo­ tion. Current estimates of the 1989 to protest his continued in­ lutionary activity cases. Defen­ number of Cuban political carceration and was gravely ill dants have a general right of prisoners range from Americas in December. The U.N.. Secre­ appeal at the municipal level and Watch’s (AW) January 1989 tary General members of the a conditional right at the provin­ estimate of “several score U.S.. Congress, and many non­ cial level. Cases involving maxi­ additional Cubans to possibly as governmental organizations mum prison terms or the death many as a few hundred” to the have asked President Castro to penalty are always open to Cuban human rights activist’s review the cases of Mustelier appeal. The Law of Penal claims of many more. In March and the other two p lantados Procedure provides that an 1988, the Government stated historicos.” appeal must be presented within that there were 455 persons Many human rights activists five days. imprisoned for crimes against were arrested on April 3 in The revised Penal Code (Law state security, a category which order to forestall their planned No. 62) implemented in 1988 now does not include offenses demonstration at the Soviet reduced the number of capital such as illegal departure, Embassy during the visit of offenses and the length of sen­ contempt, and offenses related President Gorbachev. The dem­ tences in some cases. The new to the practice of a religion, such onstrators received sentences code did not, however, signifi­ as conscientious objection. ranging from 3 to 9 months. cantly modify the previous Another indication of the The Cuban Penal Code retains definition of political offenses, prisoner population came from internal exile as a sanction the punishment meted out for the iCRC, which reported that against convicted offenders, but them, or due process provisions its delegation in May visited 257 no instances of forced removal for accused political offenders. prisoners, including some con­ Under provisions of the revised The independence or resettlement were reported in of the judiciary is victed of illegal departure, in ten 1989. code, defense lawyers may be Cuban detention centers includ­ excluded until an investigation is compromised by With regard to forced or the de facto ing the Havana Psychiatric completed, and attempted illegal compulsory labor, see Section subordination of Hospital. departure from Cuba remains 6.c. the courts to the During the year, Cuban punishable by up to three years’ Communist Party: authorities continued to release e. Denial of Fair Public Trial imprisonment or a fine of up to there is no known selected political prisoners, in­ Cuban law and trial practices approximately $ 1,000. case in which a cluding some on the condition do not meet international Political offenses, which Cuban court has standards for fair and impartial prevent virtually any form of successfully ruled that they immediately emigrate against the Govern­ to the United States. According public trials. The Constitution free expression, remained un­ ment on any to U.S.. press reports, the Gov­ terms the courts independent, changed in the revised penal political or security ernment notified the U.S.. yet it explicitly subordinates code, which retained the concept matter. Catholic Conference in November them to the National Assembly of “dangerousness” (Articles

14 72-89) and vaguely defined it as New York City Bar Association Moya received a sentence of “the special proclivity of a delegation observed Cuban nine months and Bahamonde a person to commit crimes, trials for common crimes and sentence of three months in demonstrated by his conduct in found the counsel ill-prepared prison. In a June 1989 report, AI manifest contradiction of and unaggressive. Typically, de­ criticized the trials of Baha­ Socialist norms.” If the police fendants and lawyers are monde, Martinez, Moya, and six determine a person is exhibiting afforded little time together; in other imprisoned members of the such behavior, the offender can some cases, former political Cuban Human Rights Party, be brought before a court which prisoners have asserted, clients stating that they were punished may apply police surveillance, see their counsel only one hour because of their peaceful reeducation, or therapy lasting before trial. Others are unable to political and human rights for from one to four years. In meet at all with their attorneys. activities and that procedures in 1989 as in 1988, the concept of Observers have noted a their trials did not conform to “dangerousness” appears to have reluctance among attorneys to international standards for fair been invoked rarely, if at all. defend persons charged with trial. Cuban evidentiary practices political offenses. Lawyers are Bahamonde and Moya’s do not meet generally recog­ discouraged from taking sentences were subsequently nized international standards. A political cases because of perse­ extended without any semblance trial for political offenses ordi­ cution suffered by those who of due process. Two months into narily consists of evidence given do. Domingo Jorge Delgado, for his prison sentence on June 9, by the prosecution’s witnesses, example, was freed in 1988 and Bahamonde was sentenced to an who are generally employees of allowed to emigrate to the additional year for “illegal eco­ state security organs. In some United States in 1989, after nomic activities.” According to a cases, the only evidence is the serving eight years in prison letter smuggled out of prison, defendant’s confession, obtained following his defense of a group Moya was found guilty of “con­ without due process safeguards of persons who had attempted to tempt” at a courtroom set up in a against self-incrimination or seek political asylum. Former prison dining room in September coercion. There are usually no political prisoners have alleged and sentenced to a further year defense witnesses, although tes­ that state security officials apply in prison. Martinez was not timony on behalf of the defen­ pressure on all persons involved released upon completion of his dant from a member of a Com­ in the judicial process, and that sentence on January 4, 1990. mittee for the Defense of the those officials, not the courts, General Ochoa and 14 other Revolution (see Section l.f.) really decide the fate of the top military and security may be introduced and may con­ detainee. officials received few due proc­ Observers have tribute to a reduced sentence. Several prominent cases of ess safeguards at their highly noted a reluctance Cuban law provides an dissidents illustrate how the publicized trial in June and July. among attorneys to accused the right to a defense Cuban judicial system works in Drug trafficking and other defend persons attorney, but the latter’s imparti­ practice: serious charges were leveled charged with ality and independence are com­ Samuel Martinez Lara, against them first in the official political offenses. promised by the absence of a Secretary General of the Cuban press and then in two weeks of Lawyers are dis­ couraged from private bar association and by Human Rights Party, was sen­ show trials. The proceedings taking political ideological controls exerted over tenced on April 7 to nine were influenced by the publicly cases because of members of the state-controlled months in prison. Martinez, stated views of President Castro persecution lawyers’ collectives, especially David Moya, Roberto Baha­ and the presentation before the suffered by those in defending persons accused of monde, and two other members military tribunal by Minister of who do. Domingo crimes against state security. of the Cuban Human Rights Defense Raul Castro, as well as Jorge Delgado, for When the legal collectives were Party were arrested on April 3 official media comments about example, was freed reorganized in 1984, some 15 for announcing a demonstration, the guilt of the accused. Defense in 1988 and al­ percent of then-active attorneys, which was to call for g lasnost” lawyers for the accused had little lowed to emigrate including many active in in Cuba, outside the Soviet time to prepare an adequate de­ to the United States political cases, were denied Embassy during Soviet leader fense, received little court time in 1989, after serving eight years readmission and thus effectively Gorbachev s visit. All were held compared to the prosecutor, and in prison following disbarred. Government- incommunicado until their apparently at no time did other his defense of a appointed defense attorneys closed trial three days later than to ask for clemency. The group of persons generally are poorly prepared where, without defense attor­ accused were sentenced on July who had attempted and unsympathetic towards the neys present, they were con­ 7, their appeal was quickly re­ to seek political defendant. In 1988, the visiting victed of “illegal association.” jected on July 9, and the Council asylum.

15 of State confirmed the death the right to defense attorneys, have precedence over all other sentences of Ochoa and three but pretrial consultations were ties and commitments. Teachers, other defendants, which were limited. At the trial, the accused selected in part for their ideo­ carried out later the same day. were allowed to speak freely in logical commitment, espouse Ai, AW, and the Inter-American their own defense. Although the Communist Party doctrine and Commission on Human Rights prosecutor requested the can sanction students whose (IACHR) condemned the trial’s maximum sentence (four years) families question orthodox procedures and its swift after- for Sanchez, he was sentenced opinion. Teachers also evaluate math. to two years and the other two the political and ideological In mid-1989, defense lawyers defendants were given 18 character of their students, which in two prominent cases involv­ months each. is noted in records carried with each student throughout his or ing human rights activists f. Arbitrary Interference with her education. Cubans are also described below were given Privacy, Family, Home, or pressured to join a variety of greater pretrial access to their Correspondence clients than was available in mass organizations, including Official intrusion into private previous years. In neither in­ the Union of Young Commu­ and family affairs remains one stance, however, was the out­ nists, despite the supposedly vol­ of the most repressive and come of the case notably altered untary nature of these groups. pervasive features of Cuban life. in favor of the defendants as a Outstanding students or workers, Government or Communist result of these opportunities for according to reliable reports, Party-directed mass organiza­ more extensive consultations. often find themselves coerced tions permeate Cuban society. into membership in such mass Prior to the trial of seven The State has assumed a virtual organizations. APAL dissidents in September, right of interference, even for CDRs are neighborhood sur- some defendants, including those who do not actively op­ veillance/security committees Carlos Novoa and Pablo Pupo pose the Government and its tasked with closely monitoring Sanchez, were released on bail practices. Beyond promoting the daily lives of individual resi­ and allowed regular consulta­ ideological conformity, many of dents. Participation in Cuba’s tions with their attorneys. After these intrusions are ostensibly 80,000 CDRs is in practice a trial heavily laden with aimed at “improvement” of the involuntary in urban areas. The political invective, according to citizenry. eyewitnesses, the seven activists Government in 1988 announced received harsh prison sentences The extensive apparatus of the elimination of one CDR ranging from nine to 21 months the MININT decides on the report on the beliefs of citizens, on charges of “continued illegal legality of all private and public but there is little evidence that association,” “failure to report a associations, and utilizes an in­ this change significantly altered crime,” and, in one case, “pos­ tricate system of informers, the role of the CDRs as guardi­ session of a firearm.” In the case block wardens, and block ans of social conformity. CDRs of defendant Juan Enrique committees (Committees for the apparently continue to report Garcia, his attorney had excused Defense of the Revolution - suspicious activities, such as Official intrusion himself one day prior to the Sep­ CDR) to monitor and control contact with foreigners, recep­ into private and tember trial because the date al­ public opinion. Police searches tion of foreign broadcasting in family affairs legedly conflicted with his are at times carried out without the home, conspicuous con­ remains one of the vacation. warrants, as occurred in the sumption, unauthorized meet­ most repressive and homes of several human rights ings, and criticism of the Gov­ pervasive features In November, Elizardo activists in 1989. Authorities ernment. CDR activity, if of Cuban life. Gov­ Sanchez and two other human were more careful than in the ernment or rights leaders were tried publicly anything, increased in 1989 as past to observe the appearance Communist Party- for “spreading false informa­ the GoveRNment undertook a of respect for the rights of those directed mass or­ tion” on the Ochoa affair; repre­ massive campaign aimed at cor­ suspected of dissent, but Cuban ganizations perme­ sentatives of AW and Ai were ruption and petty economic courts automatically issue war­ ate Cuban society. not permitted to enter Cuba to offenses. rants in security cases, thus The State has as­ attend. Likewise, the Govern­ Former political prisoners are sumed a virtual rendering this procedural ment did not allow two U.S.. often subjected to discriminatory right of interfer­ safeguard meaningless. journalists to appear as wit­ treatment and are relegated to ence, even for those who do not actively nesses for the defense. Two The authorities possess a wide menial, intermittently available oppose the foreign diplomats were allowed range of social controls. For work, no matter what their Government and its to attend the proceedings. All example, the educational system education or experience. Their practices. three defendants were granted teaches that the State interests children may be harassed in

16 schools and sometimes barred terse but straightforward. ment control. Party and government ment officials carefully scruti­ from higher or even technical In 1989, the Government nize humor and irony in the arts. education. There was evidence moved to shut down new In 1989, one art exhibition that this discrimination abated in dissident efforts to publish inde­ containing pictures which unflatteringly recent years and that authorities pendent newsletters. Thirteen portrayed President were attempting to prevent the members of the Cuban Human Castro was closed. A Vice grosser forms of discrimination Rights Party were arrested for Minister of Culture barred from from being exercised against de­ printing and distributing several public display a painting which parting immigrants as well. issues of its new bulletin depicted Castro speaking to a Human rights activists report Franqueza (Openness). Manuel crowd whose faces were all frequent incidents of threats and Gonzalez, Manuel Gonzalez, harassment by government Sr., and Iris Perez received identical to his. officials. Cubans have no right prison sentences ranging from Academic freedom is severely to receive publications from six months to one year for pro­ limited. Education is the abroad and can expect all ducing Franqueza. Copies of a exclusive prerogative of the correspondence with foreign second, unsigned dissident State, and the school system countries to be carefully newsletter, El Lente (The Lens), follows Marxist — Leninist monitored. appeared sporadically during the precepts as interpreted by gov­ year. ernment guidelines. Academics Section 2: Respect for Civil can write freely so long as their Cuban censorship of foreign Liberties, Including: work does not conflict with any media in 1989 expanded to a. Freedom of Speech and Press government or party policy. include reform-minded Soviet Cuban authorities continue to publications. In August, the Cu­ h. Freedom of Peaceful place very extensive checks and ban party leadership announced Assembly and Association controls on freedom of expres­ it was removing two Soviet sion. The Government does not The Constitution does not journals, Sputnik and Moscow allow direct criticism of the provide for freedom of assembly News, from circulation. The “Revolution,” e.g. the basic or association. Any assembly of Cuban Communist Party policies and Marxist — Leninist more than three persons even in newspaper Granma justified the orientation of the Government, a private home is punishable by journal’s ban from circulation party or leadership. Laws are up to three months in prison and by citing their “negative conse­ enforced against antigovernment a fine. Organizers of “illicit or quences” among the Cuban “propaganda,” antigovernment unrecognized groups” can re­ populace. Periodicals from non- graffiti, and slander or insults ceive a sentence of up to nine Communist countries are not against government officials. months (Article 240 of the Penal available to the general public, Local CDRs monitor and report Code). and foreign broadcasts, apart on expressions of dissent or There was no known instance from U.S.-based Radio Marti, Cuban authorities criticism. in 1989 of authorities approving continue to place are not heard by significant any public meeting by a group very extensive The electronic and print media numbers of people. checks and controls are owned by the State or party- not recognized by the Govern­ The Government extended its on freedom of ex­ controlled organizations and ment. On the contrary, the Gov­ intimidation to the foreign press pression. The operate according to party ernment continued its crackdown on several occasions in 1989. A Government does guidelines. No public forum begun in October 1988 on dissi­ group of U.S.. journalists dents seeking to hold meetings not allow direct exists for airing one’s views criticism of the covering the July 26th celebra­ or to organize demonstrations. apart from the government-con­ “Revolution,” e.g. tions reported being warned that During Soviet leader trolled media. In 1989, as in the basic policies foreign journalists who visit previous years, the Government Gorbachev visit to Havana in and M a r x i s t Cuban dissidents or who report used the media as a vehicle to April, at least 21 activists were — Leninist orientation of about them could jeopardize arrested in connection with a indoctrinate the population. the Government, their stay in Cuba and issuance Cuban media content reflected planned demonstration. Four party or leadership. of future visas. The Reuters cor­ Cuban Human Rights Party Laws are enforced government views of events respondent in Havana was against antigovern­ and stories tend to congratulate members received sentences of expelled from Cuba in July for ment “propa­ the Government for internal from three to nine months for publishing a report the Govern­ ganda,” antigov­ successes, primarily economic “planning an illegal gathering” ment found unacceptable. (see Section l.e.). ernment graffiti, ones. By comparison, Cuban and slander or media coverage of Eastern Artistic and literary freedom Article 208 of the Penal Code insults against gov­ European developments was are circumscribed by govern­ prohibits “illegal or unrecog- ernment officials.

17 organized groups.” The Ministry of being admitted into certain Cuba, and foreign Adventist Justice, in consultation with the fields of study. officials were permitted to attend MININT, determines the Fidel Castro and other Cuban in their official capacity. The legality of all organizations. officials have publicly admitted small Jewish community was Apart from “recognized” that religious discrimination again allowed to import religious churches and one or two groups exists, although they claimed it materials, and kosher food and such as the Masonic Order was not authorized. Indeed, wine. Cuban authorities, while which are carefully monitored there has been a perceived slight clamping down on other by authorities, the small, unrec­ relaxation of official attitudes unauthorized publications in ognized, and thus illegal human toward religion which contrib­ 1989, continued to permit rights groups represent the only uted to modest increases in both limited circulation of an inde­ associations independent of the church attendance and baptisms. pendent newsletter published by state and the party. The authori­ Catholic Church officials noted a Catholic layman. The Government ties continued to ignore the ap­ in 1989 a growing number of ment allowed access to construc­ plications for legal recognition youths willing publicly to tion materials needed to rebuild made by the Cuban Commission profess their faith. some existing churches, but pro­ for Human Rights and National The Government and Com­ vincial and local officials have Reconciliation and the Cuban munist Party continued to opposed certain restoration Human Rights Committee over maintain restrictions and con­ projects. In December 1988 in the past three years. trols on the activities of organ­ Palma Soriana, a parish priest, Cuban citizens are expected to ized churches. Churches and with the help of his congrega­ join party-controlled mass other religious groups must tion, succeeded in restoring and reopening a small chapel. Local organizations, such as the register with the Government C D R s, the Confederation of and be “recognized.” Recog­ party officials organized a mob Cuban Workers, the Federation nized faiths customarily are to break up the inaugural of Cuban Women, and the permitted to hold religious service. When the priest man­ Union of Communist Youth. activities only within specifi­ aged to defuse the protest by Resisting membership makes cally designated places of wor­ leading the crowds outside the persons subject to a range of ship, but permission was church in the national anthem, unofficial sanctions. granted for services in prisons he was detained by police for “proselytizing and holding a For a discussion of freedom of and some health care institu­ tions in 1989. Many Catholic service in public” and released association as it applies to labor hours later only after vigorous unions, see Section 6.a. and Protestant churches have closed, and new construction public protest. c. Freedom of Religion has been restricted since the Members of certain faiths The Government places Revolution. Four Protestant and have suffered active persecution. restrictions on the practice of two Catholic seminaries are Human rights monitors reported Religious believers religion and discriminates allowed to operate, but no other several cases of Jehovah’s Wit­ are excluded from against believers, despite the formal religious training schools nesses arrested for illegal membership in the Constitution’s recognition of the are permitted. Atheism is taught meetings and possession of Communist Party rights of citizens to profess and by youth organizations. clandestine publications (i.e., and thus from Churches have no access to Jehovah’s Witnesses tracts) in almost all executive practice any religious belief. official mass media. The obser­ 1989, including the cases of and leadership Religious believers are excluded vance of religious holidays is positions, including from membership in the Com­ Ursulo Brito and Samuel posts in the munist Party and thus from difficult, and most traditional Camacho Hernandez (sentenced Government, the almost all executive and leader­ processions are prohibited. to six months in prison), and of courts, and the ship positions, including posts in Christmas is a normal workday. Eloy Ramos Gonzalez (sen­ teaching profes­ the Government, the courts, and Since April, clergy have been tenced to one year). In April, sion. Persons who the teaching profession. Persons allowed to visit prisoners who police reportedly infiltrated a publicly profess who publicly profess their have requested their services. Jehovah’s Witnesses prayer their religious religious beliefs may be subject The Catholic Church established meeting in Suri and staged a raid beliefs may be to informal discrimination in the telex links among its diocesan on the home of Felipe Bofill subject to informal where prayers were being discrimination in workplace and through social offices and with church officials offered for B o fill gravely ill the workplace and pressures on their children in overseas as authorized by the through social school. Practicing Catholics, for Government in 1988. The son. Several persons were ar­ pressures on their instance, have a difficult time Seventh-Day Adventist church rested, tried, and convicted of children in school. getting more desirable jobs or held a national congress in charges of “illegal meeting and

18 possession of clandestine print­ number of persons convicted of leaders. Although direct elec­ ing.” “illegal” departure reportedly tions are held to fill municipal Other religious groups also rose sharply in 1989 (see offices, the provincial assem­ suffer such repression; in a raid Section l.e.). Discrimination blies and the National Assembly in December 1988 reported by against intending legal emi­ are elected indirectly. Only the the Cuban Human Rights Com­ grants lessened in 1989, al­ party and its affiliated mass or­ mittee, the home of Baptist though extricating a family from ganizations have the right to pastor Eliejar Samado Cazavus the web of state employment, distribute political materials or of Granma was ransacked and housing, and education remains to organize electoral meetings. religious literature confiscated. a complex and often frustrating All candidates must, in effect, be Samado subsequently lost his process. Once emigration for­ approved by the Communist job and was forced to rely on malities are completed, all Party. In March, dissident small donations from his con­ family possessions and property Roberto Bahamonde challenged gregation to support his family. go to the State unless immediate the system and ran against the relatives are able to take posses­ Communist Party candidate for a d. Freedom of Movement Within sion. municipal assembly seat in the Country, Foreign Travel, Cubans traveling as emigrants Havana. Bahamonde lost and Emigration, and Repatriation or refugees to other countries was imprisoned on other charges There are no legal restrictions have no right to return for a visit several weeks later (see Sections on domestic travel, but Cuban or repatriation. The Government l.d. and l.e.). citizens require permission both continued to restrict the number In December 1988, 163 to leave and reenter Cuba. Op­ of persons of Cuban origin from European and American portunities for nonofficial the United States permitted to intellectuals joined Cuban expa­ foreign travel are severely visit their families in Cuba to 50 triates in signing an open letter restricted, limited generally to persons per week under a calling for a plebiscite on Fidel elderly pensioners, church worldwide quota of 5,000 per Castro’s rule, following the officials, and special humanitar­ year. Persons who came to the October 1988 example of Chile. ian cases for serious family United States in the Mariel One month earlier, the Cuban illness or death. boatlift were routinely denied Human Rights Party had Cuban authorities strictly repatriation and the Cuban advocated a plebiscite on control emigration but in 1989 Government allowed no more whether to repeal the again permitted several thousand than 10 of them per week to Constitution and convoke a con­ persons, including hundreds of visit Cuba. Entry into Cuba by stituent assembly. Government former political prisoners, to Cuban Americans was sus­ officials rejected the call for a leave the country permanently pended entirely for the last plebiscite and called the com­ with no right of return. Draft- quarter of 1989. The Government parison with Chile “absurd.” age males were generally not al­ ment reduced to $250 per trip In 1989, Fidel Castro dis­ lowed to depart. During 1989 the amount of currency visiting tanced Cuba from democratizing the Government continued to expatriates can bring to family trends sweeping through the deny, without any explanation, members in Cuba. U.S.S.R, and Eastern Europe, ra­ exit permission to some persons tionalizing his continued unwill­ and their immediate families Section 3: Respect for Political ingness to allow greater opportu­ who had already been accepted Rights: The Right of Citizens nities for Cuban citizens to par­ into immigration and refugee to Change Their Government ticipate freely in the political admissions programs of other Cuban citizens have no legal system. countries. For example, the right to seek to change their In March, dissident Government has repeatedly government or even to advocate Section 4: Governmental Roberto Baha­ refused exit permission to this right. The only political or­ Attitude Regarding Interna­ monde challenged Sebastian Arcos Cazabon, the ganization allowed in Cuba is tional and Nongovernmental the system and ran son of human rights leader the Communist Party. The Investigation of Alleged Viola­ against the Sebastian Arcos Bergnes. overlapping party and state tions of Human Rights Communist Party candidate for a It is a crime to leave the hierarchy has remained largely Domestic human rights municipal assembly country without authorization. unchanged for 30 years. Mem­ monitors are legally unrecog­ seat in Havana. Ba­ Persons who attempt to flee on bers of the highest governing nized and lead a precarious exis­ hamonde lost and small boats or inner tubes face bodies, the Politburo and the tence dependent upon the vaga­ was imprisoned on sanctions ranging from fines to Central Committee, are selected ries of government policy. The other charges three years’ imprisonment. The by a small group of party Government continued, in several weeks later.

19 violation of its own statutes, to About 25 of those activists ar­ permitted the ICRC to make a refuse to recognize the applica­ rested or detained, including the second annual visit to prisons tions for legalization submitted leaders of four of the five and to monitor conditions of in 1988 and 1989 by several human rights groups named inmates. The ICRC, whose such groups (see Section 2.b.). above, remained imprisoned or findings are strictly confidential, In its 1988/89 Annual Report, held without charge at year’s did report that its delegation the IACHR called on the Gov­ end (see Section l.d.). interviewed 257 prisoners in ten ernment to recognize human The atmosphere of increased detention centers, including the rights associations and their openness leading up to the Havana Psychiatric Hospital. right to engage in their activities U N H R C visit led some human The Government denied permis­ freely. The three principal rights activists to attempt to ex­ sion to representatives from AW domestic human rights monitor­ ercise what they viewed as their and AI to attend the trial of ing groups are the Cuban right to peaceful assembly and human rights leader Elizardo Human Rights Committee speech. The Government Sanchez. (CCPDH), the Cuban Human responded with the pattern of Following its September 1988 Rights Party (PPDHC) and the arrests, swiftly staged trials, and visit, the UNHRC Cuba Work­ Cuban Commission for Human misdemeanor convictions which ing Group submitted a 400-page Rights and National Reconcili­ began with the October 1988 report to its parent commission ation (CCDHRN). There is a arrest of six APAL activists and in February 1989. The report host of smaller human rights- the November 1988 arrest of detailed extensive human rights related groups, most notably the PPDHC leader Tania Diaz abuses by Cuba and noted Free Art Association (APAL) Castro. numerous outstanding questions and the Marti Committee for In 1989, the Government posed by the Working Group Human Rights, which appeared further clamped down as which Cuban authorities had in 1988. In February 1989, the activists continued to test the failed to answer. The UNHRC, PPDHC, CCDHRN, and Marti limits of its tolerance by circu­ at its 1989 session, passed a Committee for Human Rights lating petitions and underground resolution charging the U.N.. banded together under an publications and, in one case, Secretary General to maintain a umbrella group, the Coordinator trying to organize a demonstra­ dialogue with the Cuban of Human Rights Organizations. tion. Cuban authorities appeared Government in order to follow The Government’s stepped-up to follow legal procedures more up on outstanding issues in the The Government’s crackdown on Cuba’s human scrupulously, but imposed Working Group’s report. Cuban stepped-up crackdown harsher punishments. Elizardo authorities (who, under international on Cuba’s rights movement was the most tional pressure in 1988, had human rights move­ significant development in the Sanchez’s two year prison term invited the Working Group to ment was the most country’s human rights situation was the harshest sentence meted significant develop­ in 1989. Official policy changed out to a human rights activist in visit) made it clear in their 1989 ment in the from increasing limited toler­ several years (see Section 1 .e. public statements that, notwith­ country’s human ance through mid-1988 to for details on dissident trials). standing the content of the rights situation in repression after the September Extralegal harassment continued report, they considered international 1989. Official pol­ 1988 visit of the UNHRC Cuba as well. Several human rights tional attention to Cuban human icy changed from Working Group. Since then, the activists were beaten by thugs rights practices to be a closed increasing limited Government has taken or fabri­ and at least eight others were ar­ chapter. tolerance through rested during a November 12 mid-1988 to cated opportunities to harass, mass; incorrect rumors had cir­ Section 5: Discrimination repression after the detain, or imprison approxi­ September 1988 mately 50 activists and has, in culated that prayers would be Based on Race, Sex, Religion, visit of the UNHRC effect, silenced many of its said at the mass to support Language, or Social Status Cuba Working leading domestic critics. Some hunger striking political Cuba is a multiracial society Group. Since then, of the arrested activists had prisoner Alfredo Mustelier. By with a large population of the Government presented testimony to the the close of 1989, members of persons with mixed racial ances­ has taken or fabri­ UNHRC Cuba Working Group, the human rights movement try. The Constitution expressly

cated opportunities although their arrests were who were not in jail had forbids discrimination on the to harass, detain, officially for alleged actions un­ reduced their public activities basis of race, sex, or national or imprison ap­ connected with their testimony. because of government repres­ proximately 50 origin, and there were no known The UNHRC delegation was sion. activists and has, in incidents of direct racial or effect, silenced assured by Cuban authorities The ICRC was the only sexual discrimination in 1989. many of its leading that the witnesses would not suf­ monitoring group which visited The Family Code of 1975 equal­ domestic critics. fer reprisals for their testimony. Cuba in 1989. Cuban authorities ized pay scales, eliminated

20 sexual discrimination in promo­ permitted under the law charged with enemy propaganda. tions, provided generous mater­ Established Cuban labor Figueira had unsuccessfully nity leave, and gave employed organizations are not trade un­ sought a position in his factory’s women preferential access to ions in any real sense and do not official union with the idea of goods and services. Public or act as a voice for workers’ making it more responsive to official expressions of racial dis­ rights, including the right to workers’ needs. Nevertheless, he crimination are rare. The official strike. Labor is organized under began to represent workers’ women’s organization, the Fed­ the control of the State and interests informally with man­ eration of Cuban Women, is party through one umbrella agement and to speak out about used to mobilize women politi­ group, the Confederation of the need for more independent cally rather than to advocate Cuban Workers (CTC). The representation with coworkers. women’s rights exclusively. CTC is affiliated with the Com­ Figueria ’s arrest soon followed. There are no official data munist-controlled World Fed­ In its 1989 report, the Interna­ available on the incidence of eration of Trade Unions and its tional Labor Organization (ILO) violence against women. Neither regional organization, the Committee of Experts (COE) the Government nor society con­ Permanent Congress of Trade again challenged the trade union done such violence. Cuban law Union Unity of Latin America monopoly granted to the CTC in establishes strict penalties for (CPUSTAL). The CTC serves violation of Convention 87 on sexual abuse or rape of women, primarily as an instrument of the Freedom of Association. The including the death penalty for State to enforce political and Committee asked the Govern­ the rape of minors or serious labor discipline, to encourage ment to report what steps it is injury to the victim. The Penal productivity, to hold down labor taking to bring its legislation Code also provides lesser costs, and to save raw materials. into conformance. sanctions for sexual coercion of Some CTC member labor or­ b. The Right to Organize women by authorities or ganizations have served as de­ and Bargain Collectively guardians. These statutes appear bating forums for the considera­ to be enforced with typical tion of a limited range of labor Effective collective bargaining severity by the authorities, issues such as worker safety and does not exist. The State although sexual crimes are never local working conditions. Committee for Work and Social Security sets wages and salaries reported in the press. Anecdotal The right to form an inde­ for the state sector. There are no evidence from human rights pendent union is prohibited and known export processing zones groups and other sources indi­ even discussion of such a step in Cuba. Since the CTC is an cates that domestic violence has been subject to punishment. instrument of the government such as wife beating is a Despite increased repression of policy, antiunion discrimination problem, but a lack of statistical many dissident groups in 1989, is not a relevant concept except data makes it impossible to however, several embryonic Established Cuban as it applies to the Government’s gauge its true extent. Due to so­ labor organizing groups ap­ labor organizations repression of independent union cietal traditions, many victims of peared and discussed the need are not trade un­ groups like those mentioned abuse are reluctant to file a for autonomous representation ions in any real above. report or to press charges, so it of workers’ interests along the sense and do not is likely that cases of violence lines of the Solidarity move­ c. Prohibition of Forced act as a voice for workers’ rights, are significantly underreported. ment in Poland. Two of these Compulsory Labor Women complain of verbal including the right groups, the Independent Trade The Constitution and the harassment in public and to strike. Labor is Union Movement and the Free Labor Code do not contain expected subordination at home. organized under Trade Union, claimed to have prohibitions on forced labor. the control of the gathered membership in Workers do not have full State and party Section 6: Worker Rights workplaces in the capital region. freedom to change jobs without through one a. The Right of Association These tiny groups remain very official approval. Every worker umbrella group, the The Constitution gives much on the margins, and even must present a work identifica­ Confederation of priority to state or collective the discussion of independent tion card in seeking a new job. Cuban Workers needs over individual choices unions is a dangerous form of This card contains information (CTC). ...The right to form an inde­ regarding free association or dissent, often characterized by on performance of “voluntary” pendent union is provision of employment; the authorities as a form of “indus­ work, protection of socialist prohibited and even trial sabotage.” In August, decision and choices of workers property, political conscious­ discussion of such are subordinate to the “demands Havana ironworker Ricardo ness, failure to meet production a step has been of the economy and society” Figueira Castro, a member of goals, and negligence. In prac­ subject to punish­ (Article 44). Strikes are not the CCPDH, was arrested and tice, any job change remains ment.

21 under the control of the authori­ d. Minimum Age for by the persistent shortages and ties who grade and evaluate Employment of Children tight rationing that have become employee records that form the standard features of the Cuban The legal minimum working basis of the work identity cards. economy. For example, most age is 17; however, the labor newly married couples must live Special groups of workers on code provides for exceptions for with relatives for years before loan from other jobs known as those aged 15 and 16 to obtain obtaining their own housing and “microbrigades” are employed training or to fill labor short­ suppression of free farmers’ on special construction projects, ages. There is no evidence that markets in 1986 (following a often working a 60- to 70-hour authorities deviated from these week of physical labor. Some rules in 1989. However, all brief experiment with market human rights monitors allege students above the age of 11 are incentives) exacerbated short­ ages of some foods, although that workers refusing to “volun­ expected to devote 30 to 45 caloric intake remains high. teer” for such projects often find days of their summer vacation themselves victims of discrimi­ to agricultural work up to a Maximum hours of work are nation or even risk losing their maximum of eight hours per 44 regular hours per week, with jobs. “Microbrigade” workers, day. shorter workdays for unusually however, are reportedly re­ demanding jobs such as under­ e. Acceptable Conditions of Workers do not warded with priority listing for ground mining. Overtime is have full freedom Work apartments, a very powerful in­ limited by law and practice, to change jobs centive for voluntary work. without official During 1989, Cuba’s mini­ although workers are pressured approval. Every Various ILO bodies have mum wage remained at $140 to engage in additional unpaid worker must found that governmental per month at the overvalued of­ “voluntary” labor. Workers present a work restrictions on the freedom to ficial exchange rate or about receive 30 calendar days of identification card choose or change employment $20 in terms of black-market vacation regardless of seniority in seeking a new are incompatible with ILO buying power, plus a “social or age. Provisions for worker job. This card con­ Conventions prohibiting forced wage” consisting of free safety and control of pollution tains information labor. Most recently, the 1989 medical care and education, generally appear inadequate. on performance of report of the ILO Committee of along with subsidized housing There is a lack of effective con­ “voluntary” work, Experts, cited above, found and rationed food. Even with trol and enforcement mecha­ protection of provisions of the new labor code the state subsidies, a worker nisms to ensure worker safety, socialist property, political conscious­ imposing “correctional labor,” needs to earn substantially more and industrial accidents are ap­ ness, failure to and compulsory labor for dam­ than the minimum wage to parently frequent. meet production age due to negligence, to be in­ support a family. The value of goals, and negli­ compatible with Convention 105 the “social wage” in improving gence. on forced labor. living standards is diminished

22 Americas Watch CUBA: JAILING THE HUMAN RIGHTS MOVEMENT August 1989 - March 1990

When the United Nations tion by the U.N.. in 1987 and grounds) or attempting to stage a Commission on Human Rights 1988 unquestionably yielded demonstration. Many recently sent a delegation to Cuba to some positive results. The arrested activists have been held conduct an investigation in Cuban government opened its for months without trial and September 1988, the human prisons to inspections by inter­ several have been re-sentenced, rights movement in Cuba was national organizations, it for apparently political reasons, flourishing as it never had released a few hundred political while in prison. In the last six before, and no human rights prisoners, and tolerated inde­ months, the Cuban government monitors were in prison.1 Today, pendent activity by its own citi­ has banned two Soviet publica­ at least 20 monitors—including zens. The 1989 U.N.. vote tions, expelled a Czech journal­ the leaders of most of Cuba’s ending significant scrutiny has ist, and arrested dissidents from small independent human rights produced a reversion to Cuba’s the Union of Communist organizations—are in prison prior abusive and intolerant Youths. serving sentences of up to two ways. This newsletter is a follow-up years for their peaceful monitor­ Cuba’s human rights practices to our January 1989 report ing activities. are sharply at odds with interna­ “Human Rights in Cuba: The As the U.N.. Commission tional standards. Cuban laws Need to Sustain the Pressure,” convenes for its current session, that curtail basic rights enumer­ and our July 1989 newsletter the Cuban government has once ated in the Universal Declara­ “Human Rights Activists Behind again demonstrated its contempt tion of Human Rights—freedom Bars in Cuba.” The facts for human rights monitoring by of expression, association, as­ outlined below highlight the its own citizens, in marked sembly and movement, and the need for continuing U.N.. pres­ contrast with the increased toler­ rights of privacy and due sure as the most effective means ance for freedom of expression, process—remain in force. There of curbing Cuban human rights association, and assembly which are no legal institutions inde­ violations. Americas Watch preceded the U.N.. visit in Sep­ pendent of the government and urges the United Nations f i del Castro’s regime, now in its tember 1988. Fidel Castro’s the governing Communist Party Commission on Human Rights regime, now in its fourth decade fourth decade in that could ensure respect for not to forget those human rights power, has clearly in power, has clearly made a such rights. There is no free monitors and independent made a political political decision to punish any press, no opposition political activists who were emboldened decision to punish form of dissent. By imprisoning parties, no independent judici­ by the increased international any form of dissent. those who attempt to hold their ary, no independent labor attention they received in 1988 By imprisoning government accountable for vio­ unions, and no legally recog­ and who are now languishing in those who attempt lating basic civil and political nized human rights organiza­ jail. to hold their gov­ rights, the Cuban government tions. All Cubans are affected ernment account­ has tried to obscure its poor rec­ able for violating by the absence of such institu­ CONTINUING CRACKd ord and defend its practices as a tions. Cuban prisons continue to basic civil and DOWN ON HUMAN political rights, the strictly internal matter.2 The hold several hundred political RIGHTS ACTIVISTS Cuban government United Nations’ failure to prisoners serving sentences for has tried to obscure sustain its earlier pressure has Cuban Commission for crimes such as attempting to its poor record and substantially aided the Cuban Human Rights and National leave the country illegally (al­ defend its practices government in this effort. though legal emigration is often Reconciliation as a strictly The possibility of condemnation delayed or denied on political Cuban Human Rights Party internal matter.

23 Marti Committee for Human reading and writing materials. under a state of emergency Rights These conditions of confine­ Sanchez, Cobas and Jerez Cuban Committee for Human ment tend to have a disorienting were tried in the Havana Rights effect on detainees. On Septem­ Provincial Court’s special The leaders of three of Cuba’s ber 13, the three were trans­ section for crimes against state independent human rights ferred to Combinado del Este security on November 17 and groups—Elizardo Sanchez prison in Havana. sentenced on November 24 to Santa Cruz of the Cuban Com­ Sanchez was permitted a brief prison terms of two years in the mission for Human Rights and visit with his father shortly case of Sanchez, and 18 months National Reconciliation before the father’s death on in the cases of Cobas and Jerez. (CCDHRN), Hiram Abi Cobas September 2, and he was also While in Combinado del Este, Nunez of the Cuban Human permitted to attend the wake. Sanchez and Jerez were held in Rights Party (PPDHC) and Sanchez, Cobas, and Jerez an isolation section of the prison Hubert Jerez Marino of the were accused of “disseminating known by inmates as “los can­ Marti Committee for Human false news against international dados (the padlocks). Sanchez Rights (CMDH)—were arrested peace” under Article 115 of the spent some time in the prison by state security police on Cuban Penal Code, in connec­ hospital for attention to his August 6, 1989, in an ongoing tion with their reporting on the gastrointestinal condition. campaign against the human July 1989 trial and executions of Sanchez and Jerez were sub­ rights community in Cuba. Generals Arnaldo Ochoa jected to psychiatric evaluations Searches of the homes of the Sanchez, Antonio de la Guardia, in the Havana Psychiatric three activists began shortly and others. This provision of the Hospital on October 24 and 25. after 5:00 a.m. Approximately criminal code authorizes They were returned to Com­ twenty state security officers imprisonment for one to four binado del Este on October 26. searched the Sanchez home for years for “disseminating false Cobas, who suffers from heart four hours and confiscated, news with the purpose of dis­ ailments, has spent much of his among other things, documents turbing international peace, or time in detention in the Carlos J. published by the United Nations, placing in danger the prestige of Finlay military hospital in Ha­ Amnesty International and the Cuban State or its good vana, where he was interned Americas Watch; a photograph relations with another State.” It shortly after the three were trans­ of Sanchez with U.S.. Senator is classified in the Penal Code ferred to Combinado del Este Edward Kennedy; two typewrit­ as a crime against state security. prison. Later he was moved to ers and a tape recorder. The area It appears that because these the Combinado del Este hospital. of the Sanchez home used by detainees are well known, the He reportedly looked very ill at CCDHRN as an office was authorities took the unusual step his trial. His family fears that his sealed. The state-security for such cases of permitting health continues to deteriorate. officers, headed by Major them access to lawyers in pretrial Tomas Martinez Rodriguez, re­ detention. This had not On December 22, Sanchez and portedly had a search warrant. occurred for any of the other Jerez were transferred to Aguica Relatives of Cobas and Jerez are activists arrested since Septem­ prison in Matanzas province, said to have reported that similar ber 1988. Two of the lawyers 200 kilometers from their homes .. .although the searches were conducted in their selected by the defendants are in Havana. About one week detainees were not homes. independent—that is, they do later, Jerez was transferred from being physically Aguica to Kilo-7 prison in mistreated, they The three activists were taken not belong to the official law Camaguey province, 500 kilo­ were being held in to Villa Marista, the state collectives, and as a result are meters from Havana. Cobas windowless security headquarters in Havana, not currently practicing—and remained in Combinado del isolation cells with where they were held for almost are active in the human rights Este. the lights on 24 six weeks. They received community. They were given hours a day; they weekly visits from family access to the investigation Sanchez was initially held in were not permitted members who reported that records. While Americas Watch the “La Polaca section of sun or exercise; although the detainees were not welcomes these steps toward Aguica prison, which holds 17 and they were respect for the procedural rights isolation cells. His cell measured denied reading and being physically mistreated, approximately 3 x 4 meters, with writing materials. they were being held in win­ of these criminal defendants, we These conditions of dowless isolation cells with the consider the charge and deten­ a hole in the floor for a toilet and confinement tend to lights on 24 hours a day; they tion to be an improper infringe­ tube several inches from the hole have a disorienting were not permitted sun or exer­ ment of free speech at a time which provided water a few effect on detainees. cise; and they were denied when Cuba is not at war or times a day. He was not permit­

24 ted to have a container to hold expression of concern for a charge on November 21. He was drinking water. The ceiling in long-term prisoner, Alfredo warned against continuing his his cell had an opening that Mustelier Nuevo, who was on human rights activities. measured approximately one hunger strike in Combinado del Domingo Hernandez square meter and was covered Este prison. Cepero, a leader of the PPDHC, by bars. During the day, sunlight After being held initially in a and Danilo Valdez, another and fresh air enter the cell, but police station near Zapata and C leading member of the group, there was concern that condi­ Streets in Havana, Cruz was were arrested on the street by tions would become unpleasant later transferred to the Havana state security police on January when it rained. There was no women’s prison (c entro de 27, 1990. Earlier in the day, state electricity in the cell, so that Reeducation de Mujeres del security police had searched after sundown it became very Occidente) where she served a their homes. Hernandez, a 65- dark. Sanchez was permitted three-month sentence imposed year-old retired employee of the three books at a time, but no earlier in the year. Cruz had Ministry of Education, and writing materials. His meals been arrested on April 4, 1989, Valdez, an auto mechanic, were were brought to him three times for her attempt to participate in held in Villa Marista and re­ a day. He was not allowed out of an illegal demonstration by leased without charge after five his cell for exercise and had no human rights activists during days in detention. contact with other prisoners. Mikhail Gorbachev visit to On March 5, 1990, Commit­ After approximately seven Havana. She was tried and tees for the Defense of the weeks in this cell, he was sentenced to three months in Revolution organized a mob to reportedly moved to the prison prison, but the sentence was hold an “act of repudiation,” infirmary. suspended because of medical (acto de repudio) against human In Kilo-7, Jerez was held in a problems. Cruz was released rights monitors in Havana. punishment cell during the last upon completion of her sentence Several hundred government three weeks of February 1990, on February 8, 1990. supporters, including workers, reportedly for collecting infor­ Americas Watch received housewives, teachers and school mation on prison conditions and reports that at least three children were “mobilized” for writing poems and short stories. members of the Cuban Commit­ the event and reportedly were Jerez’s bed was reportedly tee for Human Rights, Rodolfo transported in trucks to the home removed from the punishment Gonzalez Gonzalez, Roberto of a CCPDH leader, Sebastian cell in the morning and replaced Regalado and Angela Rey Arcos Bergnes. The mob broke in the evening, leaving a bench Miranda, were verbally down the door of the house to sit on during the day; there harassed and threatened by state without entering, hurled insults was no light and he was permit­ security police who went to and shouted revolutionary ted no reading materials; and he their homes on November 11 to slogans from about 10:00 a.m. to received only a half ration of warn them to stay away from about 8:00 p.m. Trapped inside food. Jerez was allowed to the mass at the Cathedral of were Sebastian Arcos, his attend the funeral of his mother, Havana the next day. brother Gustavo Arcos Bergnes Americas Watch who died on February 24. Yndamiro Restano, a leader and Oscar Pena, leaders of the received reports that at least three In addition to Sanchez, Cobas, of CCDHRN and the Associa­ CCPDH; Samuel Martinez members of the tion of Independent Journalists Lara (see below) of the PPDHC; and Jerez, several other mem­ Cuban Committee of Cuba, was summoned to the and Domingo Hernandez Cepero bers of their groups have been for Human Rights, Villa Marista state security arrested in recent months. Cuban and Yndamiro Restano (see Rodolfo Gonzalez police (Policía Nacional Revolucionarla facility on November 15 and above). Gonzalez, Roberto ) arrested Edita Cruz questioned for several hours Regalado and Rodriguez, a member of about his human rights work. Life Naturist Association Angela Rey PPDHC, on November 11 State security police arrested and the Sendero Verde Miranda, were ver­ following a search of her home. Juan Jose Moreno Reyes, a On August 21, Cuban police bally harassed and Her arrest is believed to be in CCDHRN member in Holguin closed down the headquarters of threatened by state connection with a gathering province, following a search of the vegetarian society, Life security police who went to their homes planned by human rights his home in Moa on November Naturist Association, located on on november 11 to 16. A number of CCDHRN a farm outside the city of Ha­ activists for a Sunday mass at warn them to stay the Cathedral of Havana on No­ documents were confiscated vana. The farmhouse, which is away from the mass vember 12. About two hundred from him. Moreno was held in also the home of the group’s at the Cathedral of activists and sympathizers re­ the state security facility in leaders, Orlando Polo and his Havana the next portedly attended the mass in an Holguin and released without wife Mercedes Paez, has been day.

25 sealed. Polo and Paez were re­ Cuban Pro Amnesty Group May 1989, when it petitioned the portedly detained for a short Six state security officers Ministry of Justice. As recently time the same day. The Asociación searched the home of Esteban as September 18, Gonzalez went Naturista Vida, or “Life Gonzalez Gonzalez, head of the to the Ministry of Justice to seek Naturist Association,” which is newly formed Cuban Pro a response to his inquiries, but said to have been originally Amnesty Group, between 10:00 received none. The group calls founded in 1935 by Spanish p.m. September 23 and 3:00 for a general amnesty for anarchists, was operating as a a.m. September 24. Gonzalez, a political prisoners and abolition legal, officially recognized or­ 59-year-old math teacher at the of the death penalty. Several ganization of about 150 mem­ Conrado Benitez workers’ night members of this group, including bers. However, it fell into disfa­ school, was detained and taken Esteban Gonzalez, have also vor, probably because Polo and to Villa Marista. During the formed the Movement for Paez are also active in environ­ house search, for which the state Democratic Integration, a group mental and peace issues. In security police had a warrant, that seeks to promote democracy April 1988, the Supreme Court they confiscated human rights and respect for human rights, ordered the organization dis­ documents, among other things. and supports non-violent solved, reportedly because the Gonzalez was held in Villa activism to establish independent group was overstepping its Marista for three months until civic and political institutions in mandate, but also because the December 22 when he was Cuba. government was interested in transferred to Combinado del the farmland it occupied. No Este prison. He is in his fifth Jose Marti Association of action was taken until August month of detention without Independent Defenders of 1989. charge. Human Rights and National Reconciliation Polo and Paez are also leaders Three others believed to be of the independent “eco-pacifist members of this group were also On October 8, police officers movement,” Sendero Verde, an arrested and taken to Villa of the PNR arrested Julio Soto anti-war and anti-nuclear group Marista following searches of Angurel, head of the Jose Marti which, among other things, their homes on September 24. Association of Independent opposes Cuban involvement in They are Mario Fernandez Defenders of Human Rights and Angola. Since 1985, Polo, Mora, Arturo Montane, and National Reconciliation, in sometimes with Paez, has made Manuel Pozo Montero. Havana. He was initially held in numerous walks from nearly one Another member, Edgardo a local police station; then trans­ end of the island to the other, Llompart, was reportedly sum­ ferred to the Psychiatric Hospital stopping in public places to moned to Villa Marista on of Havana; finally, he was trans­ speak to assembled crowds. Polo September 25 and was detained ferred to Combinado del Este has been detained almost two there. Soon thereafter, state se­ prison. He is believed to be in dozen times during these walks. curity police arrested the isolation cell section of l os Through their colleagues in Gonzalez’s son-in-law, Manuel candados.'’' The mob broke the human rights community, Regueiro, and Isidro Ledesma. Soto was reportedly charged at down the door of Polo and Paez informed the Both are said to be members of the end of January with “con­ the house without international press and human the group. All six were also tempt” and possession of entering, hurled rights community abroad of the transferred to Combinado del explosives, and faces up to four insults and shouted closing of the farm. They also Este prison on December 22, years in prison. revolutionary staged a hunger strike. On where they remain without slogans from about Formed in 1987, the Jose charge. 10:00 a.m. to about August 23, state security police Marti Association is a small 8:00 p.m.. Trapped arrested Polo. The police held Hector Fabian Moreno, who group that advocates policies of inside were him for one week in Villa is not a member of the group, reform such as the Soviet Sebastian Arcos, Marista, releasing him without was swept up in the string of Union’s perestroika and his brother Gustavo charge on August 29. arrests. State security police glasnot, which have been Arcos Bergnes and State security police again searched his home and arrested rejected by President Castro. Oscar Pena, lead­ arrested Polo on September 22, him on September 24. He was Soto served in the Cuban armed ers of the CCPDH; holding him in Villa Marista reportedly released without forces in Angola. In the early Samuel Martinez charge after several weeks. 1970s he was reportedly Lara of the until October 13 when he was PPDHC; and Dom­ again released without charge. The Cuban Pro Amnesty expelled from the national film ingo Hernandez Polo was reportedly summoned Group has made efforts to institute for a disparaging Cepero and to Villa Marista for questioning become legally recognized by comment about the cost of living Yndamiro Restano. in mid-November. the Cuban government since in Cuba.

26 Update: Association Quivican prison in Havana longed confinement may be re- For Free Art province, where they were held emerging. In October 1988, state security with common prisoners. In early Roberto Bahamonde police detained five people July, Novoa was transferred to Massot, a member of both the believed to be affiliated with the the Guanajay prison hospital in Human Rights Party and Association for Free Art, a Havana province to recover CCDHRN who, while he served group founded in August 1988 from a two-month hunger strike three months in prison for that advocates freedom of he staged to protest their attempting to participate in an expression and artistic creation. detention without charge. Mari illegal demonstration during They were not charged until July was reportedly held for a time in Mikhail Gorbachev April visit, 1989. They were held initially in a punishment cell in Quivican received a sentence of an addi­ Villa Marista, and then trans­ prison, apparently because he, tional year in prison for his ferred to various prisons in too, participated in a hunger “illicit economic activities.” An February 1989. Pablo Roberto strike. agronomist, Bahamonde had no Pupo Sanchez and Gilberto In July, they were charged prospects for a government job Plasencia Jimenez were with illicit association and in his field since the mid-1970s released on bond from Alamar failing to comply with the “duty when he was detained twice for prison in August 1989 pending to denounce” the others in the writing a letter to Fidel Castro trial. Ramon Obregon Sarduy case. Novoa was reportedly recommending reforms in the and Lázaro Cabrera Puentes released on bond in August; government’s economic and ag­ remained in Quivican prison in Mari was released on bond two ricultural policies. He had been Havana province. Juan Enri­ days before the September 15 making a living, without govern­ que Garcia remained in trial. The Provincial Court of ment permission, as a photogra­ Guanajay prison, also in Havana Havana sentenced Novoa to 15 pher since the early 1980s. province. months in prison, and he is Americas Watch believes the The five were tried at the believed to be serving his term Cuban authorities have applied Provincial Court of Havana on in Guanajay prison. Mari this law selectively against Ba­ September 15, 1989. They were received a 21-month prison term hamonde because of his inde­ permitted defense attorneys. and is believed to be held in pendent activities. (See also Four were convicted and Quivican. Previously, Novoa Americas Watch’s “Human sentenced for illicit association had been briefly detained in Rights Activists Behind Bars in and failing to comply with “the September 1988 for his attempt Cuba,” July 1989, P. 3-4) Baha­ duty to denounce” the others in to meet with the visiting monde is currently serving his the case. Pupo, Cabrera, and delegation of the United Nations additional one-year sentence in Garcia were each sentenced to Commission on Human Rights. Combinado del Sur prison in 18 months in prison, and Plasencia, Cabrera and Pupo Matanzas province. Obregon to nine months in were reportedly released in early David Moya, a member of the prison. Pupo, Cabrera, and February—Plasencia on com­ Human Rights Party who served Plasencia were imprisoned in pletion of his sentence, and nine months in prison for Combinado del Este prison; Cabrera and Pupo on having attempting to participate in an Americas Watch is alarmed by the Obregon in Quivican prison in their conviction on charges of illegal demonstration during Cuban Havana province; and Garcia in failing to comply with the “duty Mikhail Gorbachev’s April visit, government’s to denounce” overturned on was re-sentenced to an addi­ Guanajay prison, also in Havana practice of sentenc­ tional prison term on charges of province. appeal. ing human rights Association For Free Art “contempt,” reportedly in activists to (APAL) members Carlos Rights monitors sentenced October 1989, six months into additional terms Novoa Ponce and Jorge Luis to additional terms while in his first sentence. The reasons while they serve Mari Becerra were also implica prison for this charge are unclear. Moya time in prison. This ted in the same case. Novoa Americas Watch is alarmed is currently serving his second practice was be­ and Mari were arrested at their by the Cuban government sentence of 18 months in Cinco lieved to have largely ceased in homes on January 27 and 28, practice of sentencing human y medio prison in Pinar del Rio recent years. rights activists to additional province. 1989, after they distributed a However, there are document announcing their plan terms while they serve time in At the end of December, indications that a to form a Christian Democratic prison. This practice was be­ prison authorities told Samuel pattern of pro­ Party committee. They were lieved to have largely ceased in Martinez Lara, the leader of the longed confinement initially held in Villa Marista, recent years. However, there are Human Rights Party at the time may be re-emerg­ and in March were transferred to indications that a pattern of pro­ of his arrest, who served nine ing.

27 months in prison for attempting REMAINING POLITICAL tions. Instead, they spent their to participate in an illegal dem­ PRISONERS prison terms wearing underwear, onstration during Mikhail There continue to be as many pajamas, or nothing at all. They Gorbachev April visit, that he as several hundred other engaged in hunger strikes and would not be released at the end political prisoners in Cuba, other forms of nonviolent pro­ of his sentence. He was accused many believed to be serving test. And they were punished for of “contempt” of President sentences for nonviolent their defiant behavior: visits, Castro and making offensive offenses such as illegal attempts correspondence, books, and comments with regard to to leave the country, for access to outdoors were sus­ Panama. tw o common prisoners refusing to perform obligatory pended; their belongings were were reportedly encouraged to military service, and for techni­ confiscated during countless and attack him and he is said to be cally common crimes such as often violent “inspections” faulted for the scuffle that “contempt,” “public disorder (requisas, they were moved to ensued. Martinez was finally re­ or “clandestine printing.” tiny, dark punishment cells, and leased from Aguica prison on held in isolation. February 22, 1990, one month Three long-term prisoners Mario Chanes de Armas has late, reportedly with the “con­ (plantados), Mario Chanes de served 29 years of a 30-year tempt” charge still pending. Armas, Ernesto Diaz Ro­ driguez and Jose Mustelier sentence in prison. Ernesto Diaz Americas Watch received Nuevo, remain in Combinado Rodriguez has served 21 years of reports late in 1989 that Vladi­ del Este prison. The plantados a 40-year sentence. And Jose mir Garcia Alderete, a member —believed to number 400 to Mustelier Nuevo has served 20 of the Association for Free Art 500 as recently as 1979—were years of a 25-year prison term. who served a nine-month prison arrested during the early years To mark the end of his twentieth term on charges of “public of the Castro regime for armed year in prison, Mustelier staged disorder” for commemorating and unarmed opposition to the a hunger strike on October 27, Cuban Culture Day on October new government. In many 1989, and renounced liquids 20, 1988 [see “Human Rights in cases, it appeared that nonvio­ three days later. Americas Watch Cuba” January 1989 Americas lent opposition to the govern­ received reports that he was Watch report, p. 37-38], was ment, especially by disaffected transferred to a punishment cell reportedly sentenced to an former supporters of the revolu­ for several days for engaging in additional three months in tion, was considered to be as the hunger strike. In dangerously prison on charges of “contempt” serious a crime as armed frail health in mid-November, (desacato). He was released insurrection. They were held for Mustelier was transferred to the from his second sentence in long periods without trial and Carlos J. Finlay hospital and early November 1989. then tried before military courts, began to be force-fed intrave­ nously. After considerable inter­ Americas Watch is also known as Revolutionary national attention was brought to concerned about the periods of Tribunals, without any sem­ M ustelier condition, Cuban prolonged detention without trial blance of due process. They There continue to authorities are said to be review­ to which a number of human were sentenced to prison terms he as many as sev­ ing his case.* eral hundred other rights activists have been generally ranging from twenty political prisoners subjected. Apart from the seven to thirty years. Alberto Grau Sierra, a in Cuba, many members of the Association for Because they considered plantado who was arrested on believed to be Free Art who were confined in themselves political prisoners, September 5, 1964, completed serving sentences prisons for up to nine months the plantados resisted “reeduca­ his 25-year sentence and was for nonviolent before being charged and up to tion” by prison authorities by released on September 4, 1989. offenses such as eleven months before being refusing to wear the common Americas Watch received illegal attempts to brought to trial, three other prisoners’ uniforms; refusing to leave the country, reports in February 1989 that as activists—Enrique Acosta for refusing to per­ work; and maintaining a politi­ many as eighty prisoners in Ruiz, Lázaro Rosa Arbolay form obligatory cally antagonistic attitude Combinado del Este prison military service, and Sergio de la Vega toward their jailers. Conse­ convicted or awaiting trial on and for technically Gomez—are currently in their quently, the plantados were charges of attempting to leave common crimes tenth month of detention without denied benefits afforded others the country illegally had staged a such as “con­ charge in Combinado del Este such as more food, visits, exer­ hunger strike beginning January tempt,” “public prison. cise, and better living condi­ 19, 1989. The lancheros (from disorder," or “clandestine print­ ing.” * Mustelier was released from prison on March 21,1990, but as of mid-June 1990 had yet to emigrate from Cuba.

28 the word lancha meaning small members, whose names are not or extra-legal harassment by boat) were being held with known, were also said to have Cuban authorities. common prisoners and at­ been arrested. Quintana, Ortega, Jose Alberto Menendez tempted to assert their claim to and the other two were mathe­ Suarez, a former trainer for the be considered political prison­ matics students at the University Cuban national cycling team, ers, to demand better treatment of Havana. They are believed to who sought asylum in the U.S.. and attention to their cases. have been arrested in connec­ Embassy in Panama in Decem­ Most Cubans are not free to tion with a series of appeals ber 1987, has been seeking since leave their country, or to leave they made to the leadership of then to be reunited with his 14- and return without a certain the UJC for greater openness in year-old son, Alexander. amount of harassment. Because discussing Cuban government Alexander has not only been re­ applying for permission to and society. The arrest also peatedly denied permission to emigrate is seen as a gesture of appears to be connected with a emigrate but also has been sub­ discontent with the revolution, letter from Quintana to the UJC jected to reprisals. His wife, who many are inhibited by the leadership which declared that was herself subjected to a certain prospect of extra-legal retali­ “the levels of democracy do not amount of harassment, was per­ ation. Many who do apply to correspond with the develop­ mitted to leave Cuba and emigrate are often arbitrarily ment achieved by our society”; emigrated to the U.S.. to join denied permission. For these referred to the “personality cult Menendez in September 1988. reasons, several hundred Cubans in the person of Fidel”; and Alexander has a visa to enter the are believed to attempt to leave stated “Fidel is a traitor.... What U.S.. the country illegally every year. you call a revolution is really In mid-December 1989, Their hunger strike was Stalinism.” Before their arrest, Alexander and his 68-year-old reportedly violently suppressed Quintana and Ortega were grandmother reportedly went to on January 26, when prison reportedly expelled from both the U.S.. Interests Section appar­ guards beat a number of them. the UJC and the university. ently on the advice of a Cuban tw elve were reportedly The students are not known to immigration official, and were wounded, four of them seri­ have had a history of conflict detained by the Cuban guards ously, and twelve or more were with the authorities and are said outside. They were reportedly reportedly moved to punishment to have voiced their dissent taken to the Villa Marista state cells in Detachment 47, a sepa­ solely within the ranks of the security facility and held there rate prison building known as UJC. The fact that they were for several hours. Alexander was the “rectangle of death” by the members of the UJC indicates threatened with being sent to prisoners, and to isolation cells that they were students with reform school in the regular prison buildings. exemplary ideological and aca­ A number of lancheros were demic standing. These are the A few weeks later, Major still believed to be on hunger first arrests of UJC members Armando Guirola of INDER, the Their hunger strike strike at the end of February. that have been brought to the national sports institute, report­ was reportedly vio­ Some of them continued to be attention of Americas Watch. edly went to Alexander’s home lently suppressed held in the punishment and iso­ Quintana and Ortega are in Matanzas to get him to sign a on January 26, lation cells in early March. (For currently reported to be held document that said that he would when prison guards more on restrictions on freedom without charge. The other two no longer seek to leave the beat a number of of movement and for a descrip­ are believed to have been country. Although he was threat­ them. Twelve were reportedly tion of punishment cells, see released. ened with being expelled from wounded, four of Americas Watch’s January 1989 the pioneros—a mass organiza­ them seriously, and report, “Human Rights in tion for school children3—and, OTHER PERSISTENT twelve or more Cuba.”) again, with being sent to reform ABUSES were reportedly school, Alexander refused to moved to punish­ Arrests of UJC dissidents Reprisals against asylum sign. Alexander was then ment cells in De­ State security police arrested seekers expelled from the pioneros. tachment 47, a Jorge Quintana and Carlos Cuban authorities continue to About one week later, in early separate prison Ortega, members of the Union take reprisals against family January 1990, Ministry of building known as the “rectangle of of Communist Youths (UJC), members of Cubans who have Interior officers went to death” by the pris­ the youth organization of the sought asylum outside Cuba. Alexander’s home to tell him he oners, and to Communist Party, and took The reprisals are in the form of had to present himself at a isolation cells in them to Villa Marista on January repeated denials of permission reform school for juvenile the regular prison 4, 1990. Two other UJC for family members to emigrate, offenders in Jague Grande in buildings.

29 Matanzas. Alexander complied A Czechoslovak radio whelming evidence that the and was there for about one correspondent was expelled by Cuban government engaged in week before his grandmother Cuban authorities on January gross abuses such as political brought him back home. He is 11, 1990, for reporting in a killings, disappearances, and now at home but has stayed “completely distorted and systematic torture. In that light, away from school for fear of almost provocative manner.” the U.N.. Commission decided to further harassment and reprisals Michal Cermak was the Latin suspend its scrutiny of human there. America correspondent based in rights conditions in Cuba, al­ Roger Vasquez is also a Havana for the official though at the time some twenty- former trainer for the Cuban Czechoslovak news agency, two human rights activists were national cycling team who CTK. Cermak is said to have in prison serving terms up to one sought asylum in Mexico in reported on shortages of food year or were being held in May 1988 and now lives in the and described the political detention for some months with­ U.S... His wife, Rosa Miranda situation in Cuba as “a calm out charge. Diaz, and 13-year-old daughter, before a storm, but of the Americas Watch is encour­ Lissette Vasquez Miranda, have Romanian type.” aged by the greatly improved been repeatedly denied permis­ quality of the State Department sion to leave the country. country reports on Cuba. The U.S.. POLICY According to our information, report covering 1988, and the Lissette was also expelled from The pressure exerted by the current report covering 1989 the pioneros and has not United States government at the released in February 1990, are returned to school for fear of U.N.. Commission in recent on the whole balanced and reprisals. years has had the positive effect reliable. They can be depended of bringing attention to the on by the U.N.. as a grounds for Juana Hilda Garcia human rights abuses that persist censuring Cuba. Accurate Delmonte, the wife of Dr. in Cuba, and while Cuba was reporting, not propaganda, will Guillermo Delmonte, a physi­ under the spotlight, some of be the U.S.’s greatest asset in its cian who obtained asylum in those abuses subsided. How­ campaign to call attention to Canada in 1980, and their two ever, this success has been human rights violations in Cuba. daughters, Ana Victoria and undermined to a significant Hilda Eneida, have waited nine extent by the unsupportable or years for permission to leave exaggerated nature of Cuba to emigrate to Canada. Washington’s past claims against Cuba. NOTES Recent attacks on the press In 1986-87, the State Depart­ 1 One activist, however, was The Cuban government ment made the wholly unsup­ being held against his will and banned two Soviet publications, portable allegation that the without charge in the judicial Moscow News and Sputnik, in Cuban government was then en­ ward of a psychiatric hospital August. The periodicals, gaging in systematic torture, in Santiago de Cuba. Jesus published in Spanish for Cuban political killings, and disappear­ Leyva Guerra, who had been consumption, had provided a ances. When, in the Country confined in Gustavo Machin significant source of information Reports on Human Rights hospital since July 14, 1988, Cuban authorities on current events in the Soviet Practices for 1988, the State De­ was released from psychiatric continue to take re­ Union. The official explanation partment correctly reported that detention on April 20, 1989, prisals against for the ban was published in the no such cases could be found, it and was permitted to emigrate family members of Communist Party newspaper, created the misleading impres­ to the U.S.. several months Cubans who have Granma, which accused the sion that Cuba’s rights practices later. sought asylum journals of “justifying bourgeois had improved drastically, when outside Cuba. The democracy as the highest form in fact, all that had changed was 2 The Cuban government’s reprisals are in the of popular participation and with the accuracy of State Depart­ current attitude towards human form of repeated a fascination for the American ment reporting. Indeed, respect rights investigations was dem­ denials of permis­ way of life”; and stated that by for human rights in Cuba had in onstrated recently in its sion for family members to emi­ reading them “those who are not fact deteriorated by the time the response to a request by grate, or extra- firmly convinced of the histori­ State Department’s report was Americas Watch to attend the legal harassment cal necessity and possibilities of issued. The U.N.. report based trial of three of Cuba’s human by Cuban authori­ socialism could doubt its on its September 1988 trip to rights leaders in November ties. viability and even lose hope.” Cuba also failed to find over­ 1989. Jose Arbesu, Chief of the

30 Cuban Interests Section in 1989, Miguel Alfonso, for­ cadres who instill in children ‘a Washington, stated that his merly a representative of sense of honor, modesty, government considered the Cuba at the U.N.. Commission courage, comradeship, love of presence of Americas Watch in on Human Rights reflected the both physical and intellectual Cuba to be “unnecessary.” He same attitude when he asked, work, respect for workers, and added that the defendants as a member of the panel on love for our Revolutionary enjoyed all procedural guaran­ human rights, who “anointed” Armed Forces and the Ministry tees afforded by the Cuban Americas Watch to inspect of the Interior.’” See Jaime judicial system and that their Cuban prisons Suchlicki, ed., The Historical trial was a “strictly internal 3 According to The Historical Dictionary of Cuba, Scarecrow matter.” Dictionary of Cuba, the Press Inc., 1988. At a conference on Cuba Organizacion de Pioneros that took place in Halifax, Jose Marti is “led, tutored and Nova Scotia, in November controlled by Communist

31 Amnesty International Report for 1989: Cuba

At least two prisoners of and Articles 216 and 217, prison regulations—whose con­ conscience and about a dozen relating to “illegal exit” from ditions of imprisonment had others who may have been Cuba. The number of capital given cause for concern in the prisoners of conscience were offences was reduced but the past. Other convicted political imprisoned throughout the death penalty continued to be an prisoners were released as a year [1988]. However the option in 23 articles. result of a review of cases majority of prisoners con­ In April [1988] the President carried out following the victed of state security crimes, of the International Committee revision of the penal code, after including nine known prison­ of the Red Cross (ICRC) visited completing their sentences, or ers of conscience, were Cuba; as a result for the first after being granted parole. released. Several people, time the ICRC received permis­ In March [1988] the authori­ including three former sion to visit people detained for ties told the Amnesty Interna­ political prisoners, were sent reasons of state security. In tional visitors that they were still to prison on public order September 1 988], a delegation holding 455 prisoners (including charges which may have been from the United Nations Com­ eight regarded by Amnesty politically motivated. Some mission on Human Rights International as prisoners of were alleged to have been visited the country at the conscience and 68 p lantados assaulted at the time of their invitation of the Cuban Govern­ historicos convicted of state arrest. At least nine people ment. In March [1988] the security crimes, the only were believed to be under Secretary General and two other category of prisoners whom they sentence of death or facing staff members of Amnesty acknowledged to be held for charges carrying the death International visited Cuba at the political reasons. However, in The revised version penalty but no executions were invitation of Vice-President May [1988] President Fidel of the 1979 penal known to have been carried Carlos Rafael Rodriguez, and Castro told the Roman Catholic code, which had out. many other visiting delegations Archbishop of New York that all been adopted in The revised version of the were given access to prisons and but 44 of these state security 1987 as part of a 1979 penal code, which had prisoners throughout the year. prisoners would be released. By process of been adopted in 1987 as part of In accordance with an the end of the year those still r ectification,” held reportedly numbered came into effect in a process of “rectification,” agreement made in June 1987 between 100 and 200, including April [1988], came into effect in April [1988]. between the Cuban Government .. .However the It reduced maximum sentences and the United States Catholic about six p lantados historicos.” articles under for some offences and increased Conference, a process began in Ten prisoners of conscience which prosecution the number of offences for January [1988] whereby over were released during the year most often resulted which punishments other than 300 political prisoners were to [1988], including Pablo Andres in imprisonment of imprisonment might be im­ be released and permitted to go Betancourt, Eduardo Crespo prisoners of posed. However the articles to the United States. They Govea, Dr. Domingo Jorge conscience were under which prosecution most included prisoners of conscience Delgado Fernandez, Ariel not substantially often resulted in imprisonment as well as some of the so-called Hidalgo Guillen, Andres Solares amended. These in­ of prisoners of conscience were plantados históricos, historical Teseiro and Julio Vento cluded Article 103, covering “enemy not substantially amended. plantados—political prisoners Roberes. Gustavo Arcos propaganda,” and These included Article 103, held since the 1960s and 1970s Bergnes—a prisoner whose case Articles 216 and covering “enemy propaganda,” who had refused to obey certain Amnesty International was in- 217, relating to “illegal exit” from Cuba. [This report covers the period January to December 1988.]

32 vestigating—was also released held at the end of 1988, had headquarters where, at the end of (see Amnesty International been arrested in October 1986 in the year, they were reportedly Report 1988). Santiago de Cuba and sentenced still being held without charge or In March [1988] the authori­ to a three-year prison term for access to lawyers. ties told Amnesty International desacato—contempt for author­ In November [1988] Tania that 140 people were in prison ity (not a state security crime)— Diaz Castro, President of the un­ after being convicted of trying to for shouting insults against official Cuban Human Rights leave the country illegally. President Fidel Castro during Party, her son Guillermo Rivas, However, they provided no local Popular Power elections. and his wife Ayme Llado, were He had previously been arrested details and the identities of most arrested outside Combinado del in 1980 and sentenced on a of those held, who appeared Este Prison, where they had likely to include prisoners of charge of “enemy propaganda” gone to visit political prisoners, to three years’ imprisonment. conscience, were not known. after being accused of getting An additional year was later into a fight with prison officials. Reports of Jehovah’s Wit­ added, apparently without trial, They were reportedly arrested, nesses and Seventh Day on a charge of desacato. tried and sentenced on the same Adventists being imprisoned for Several new arrests took place day on charges of disorderly offences connected with the free between September and Nov­ conduct and denied the opportu­ exercise of their religious beliefs ember [1988] which appeared to nity to consult a defence lawyer. and of young men refusing to be politically motivated and to Tania Diaz and Guillermo Rivas undertake compulsory military have resulted in the imprison­ service for reasons of con­ were sentenced to one year’s im­ ment of possible prisoners of prisonment, Ayme Llado to three science were received but details conscience. The first of these months. were mostly impossible to occurred while a delegation obtain. It was also impossible to In March [1988] representa­ from the UN Commission on determine the numbers and tives of Amnesty International Human Rights was visiting the identity of those held on charges visited Cuba for the first time in country at the invitation of the that were not overtly political 11 years. They met Vice- Cuban Government. Several but may have had a political President Carlos Rafael Ro­ people were arrested while they motivation, such as those driguez, the Minister of Justice were queuing to meet the applied to some prisoners held and other officials, and visited delegates and some were report­ under the State of Dangerous­ two prisons. They also inter­ edly beaten by security officials Several new arrests ness legislation (see Amnesty viewed over 40 political prison­ took place between at the time of their arrest. Four, International Report 1988). ers in private and met represen­ September and of whom three were former tatives of the Cuban Committee November [1988] tw o prisoners of conscience political prisoners, were charged for Human Rights and the Cuban which appeared to were still in prison at the end of with public order offences and Commission of Human Rights be politically the year. Amado Rodriguez sentenced to three to six and National Reconciliation. motivated and to Fernandez was serving a months’ imprisonment. have resulted in the sentence of 15 years, six Five members of the unoffi­ The authorities told Amnesty imprisonment of months’ imprisonment imposed cial Asociación Pro — Arte Libre International that a review of all possible prisoners of conscience. The in 1985 for rebellion, “enemy (APAL), Association for Free judicial procedures had been in propaganda” and speculation. progress since 1984 and that first of these Art, an offshoot of the unofficial occurred while a The charge of “enemy propa­ Cuban Committee for Human prison conditions were being ganda” was based on his improved in accordance with the delegation from the Rights, were jailed on public UN Commission on possession of anti-government UN Standard Minimum Rules order charges, and a sixth was Human Rights was for the Treatment of Prisoners. leaflets of a non-violent nature, placed under house arrest, after visiting the country which had not been distributed they were arrested in October New information was obtained at the invitation of at the time of arrest, and there [1988] as they were placing a from prisoners about conditions the Cuban was reportedly no evidence at wreath at a monument to Jose at both Combinado del Este and Government. his trial to substantiate the Marti, a national hero, and read­ Boniato Prisons, where beatings Several people charge of rebellion. He had pre­ ing out a declaration. The five of prisoners had been reported. were arrested while they were queuing viously served a long prison received sentences of between One prisoner serving 20 years term after being sentenced in to meet the seven months’ and one year’s for espionage said he had been delegates and some 1961 for “counter-revolutionary imprisonment. Five other APAL held virtually incommunicado in offences.” were reportedly members were arrested sepa­ Destacamento 47, the maximum beaten by security Fernando Villalon Moreira, rately at about the same time security area of Combinado del officials at the time the other prisoner of conscience and taken to State Security Este Prison, from 1981 to 1985. of their arrest.

33 He had been left naked in a of the progress of such a review between 1959 and 1987, of small, dark and poorly ventilated had been received by the end of whom 206 had been executed. cell and had received little or no 1988. Since 1984, 11 people convicted medical attention. When the Five prisoners were under of criminal offences had been Amnesty International visitors sentence of death at the time of executed but there had been no toured Combinado del Este the Amnesty International visit executions of people convicted Prison, it appeared that improve­ and were awaiting a decision by under state security legislation. ments where being made to the Council of State, which has The findings of the Amnesty lighting and ventilation. How­ the power to grant clemency. International visit in March were ever, it was reported that in May They included Arturo Suarez included in a document—Recent some of the p lantados histori Ramos, who had been convicted Developments affecting the cos” were beaten by prison on state security charges in Situation of Political Prisoners guards. connection with the attempted and the Use of the Death The Amnesty International hi-jacking of an aircraft. Four Penalty—published in Septem­ visitors also had access to State others had been sentenced to ber [1988]. Following the visit, Security headquarters at Villa death in the first instance and Amnesty International continued Marista in Havana, where were awaiting the outcome of to urge the government to allegations of ill-treatment had appeals to the People’s Supreme release the remaining prisoners been reported. The director Court. The sentence on Arturo of conscience, to ensure that all denied that prisoners had been Suarez Ramos was later com­ prisoners were protected against abused and stated that torture or muted to 30 years’ imprison­ ill-treatment and to commute all ill-treatment of detainees would ment by the Council of State but death sentences. Amnesty Inter­ Problems relating not be tolerated. no news had been received of national also sought information to fair trial were Problems relating to fair trial the other eight cases by the end from the authorities concerning also raised by the of 1988. In November [1988] an incident in Combinado del Amnesty Interna­ were also raised by the Amnesty news was received of a death Este Prison in May [1988] when tional visitors, in International visitors, in particu­ sentence passed on Evangelisto a number of p lantados historicos particular the lar the frequent denial to prison­ frequent denial to ers of access to defence lawyers Almaguer Guillen for double ” were reportedly injured by prisoners of access before their trial and the limited murder and by the end of prison guards, as well as about to defence lawyers role of the latter, who often December it was believed to be people imprisoned on public before their trial confined themselves to pleading pending a decision by the order charges later in the year. and the limited role for clemency rather than pre­ Council of State. No one was Little substantial response to any of the latter, who senting a proper defence. Gov­ known to have been executed of the matters raised after the often confined ernment officials said that steps during 1988. March [1988] visit had been themselves to received by the end of the year. pleading for clem­ were being taken to resolve such In March [1988] the Minister ency rather than deficiencies, notably in the of Justice informed Amnesty presenting a proper context of a review of the Law International that 237 people defence. of Penal Procedure, but no news had been sentenced to death ♦ > ♦ > ♦ >

34 Organization of American States Annual Report of the Inter- American Commission on Human Rights 1988 - 1989: Cuba

The Inter-American Commis­ for which the sentence was to the right to freedom of sion on Human Rights continued imposed do not carry the death association in the Cuban to observe the human rights penalty in the Cuban Penal Constitution, the exercise of that situation in Cuba during the Code. Secondly, that the celerity right is truncated by the generic period covered by the present with which the trails were limitation of article 61, which Annual Report. What follows conducted, the publicity they subordinates the exercise of all summarizes the most important received, and the lack of outside constitutionally recognized developments noted during the observers at the trial raise well- rights to “the existence and aims period as a supplement to the founded doubts as to compli­ of the Socialist State” and to information provided by the ance with fundamental guaran­ “the decision of the Cuban Commission in its seven special tees of due process. The manner people to build Socialism and reports on this country and in in which the death sentence was Communism.” This generic the corresponding annual carried out was aggravated by limitation is formalized by reports. the failure of the authorities to articles 208 and 209 of the During this period there took turn over the remains of the Cuban Criminal Code, which place in Cuba a widely publi­ victims to their families. punishes by one to three months cized trial that culminated in the The Inter-American Commis­ and three months to one year of death sentence and execution of sion on Human Rights as it imprisonment, respectively, four officers of the Revolution­ reiterates its view against the those who become members of unauthorized associations and ary Armed Forces: General death penalty, must point out Diverse and serious Arnaldo Ochoa, Colonel that in this case, moreover, such those who head them. The same objections have Antonio de la Guardia, Major a severe penalty was preceded restrictions apply to the exercise been raised to these Amado Padrón, and Captain by a trial which did not provide of the right of assembly. executions. it has Jorge Martinez. The executions due process guarantee, and the The limitations on the exercise been pointed out, were carried out on June 12, manner of the execution and the of the right of association have first of all, that the crimes for which 1989, following sentencing by a subsequent procedures are been reflected in the lack of the sentence was military court for the crimes of offensive to elementary humani­ recognition by the Government imposed do not drug trafficking and the com­ tarian sentiments. of organizations for the defense carry the death mission of hostile acts against During the period covered by and promotion of human rights, penalty in the third countries. It was mentioned the present Annual Report which had lately brought their Cuban Penal Code. repeatedly during the proceed­ several events occurred in Cuba activities into the open. At Secondly, that the ings that the officers had connected with the activities of present, special attention has celerity with which committed high treason, which organizations and persons been given to the Cuban the trials were under the Cuban Constitution dedicated to the defense of Commission on Human Rights conducted, the carries the highest penalty. The human rights. The Commission and National Reconciliation, the publicity they decision of the military court has received many reports that Pro-Human Rights Party of received, and the lack of outside was confirmed by the Supreme mark a retrogression from the Cuba, and the Marti Committee observers at the Court and the Council of State, improvements that the Commis­ for the Rights of Man, the three presided over by Fidel Castro. trial raise well- sion had noted in earlier reports. organizations which comprised founded doubts as Diverse and serious objections Following is a summary of the the Human Rights Organizations to compliance with have been raised to these information received. Coordinating Body (Coordinadora fundamental guar­ executions. It has been pointed It has been indicated that, de Organizaciones de antees of due out, first of all, that the crimes despite the recognition accorded Derechos Humanos), though process.

35 these are not the only independ­ Havana were taken into custody. official could not take place. ent organizations concerned Seven of these were placed On August 6, 1989, at about 5 with human rights matters. under arrest: Samuel Martinez a.m., Prof. Elizardo Sanchez During the period covered by Lara, Ernesto Alfonso Rivas, Santa Cruz was arrested in his this Annual Report, the Com­ Pedro Alvarez, Hiram Abi own home by some twenty State mission requested that the Gov­ Cobas—who reportedly Security officers, who seized ernment of Cuba recognize these suffered a heart attack and was various United Nations, Am­ associations and their right to taken to a hospital—Evita Cruz nesty International, and Ameri­ engage in their activities freely. Rodriguez and David Moya of cas Watch publications. They This lack of recognition has the Pro-Human Rights Party, also detained Hiram Abi Cobas, been used by the Government to and Roberto Bahamonde, of the of the Pro-Human Rights Party, arrest human rights activists Cuban Commission on Human who suffers from a serious who attempt to exercise the right Rights and National Reconcili­ illness, as previously indicated, of assembly and other interna­ ation. According to information and Hubert Jerez Marino tionally recognized rights. In the received, these people were held President of the Marti Human period covered by this Report incommunicado in Revolution­ Rights Committee. ary National Police stations 5 the following persons who at­ At this writing, these human tempted the peaceful exercise of and 15 without access to counsel. rights activists have been held in their human rights were arrested. the Villa Marista State Security On April 7, 1989, these On March 29, 1989—a few Prison since August 6 without detainees were given the days before the visit to Cuba of any formal charges having been following sentences in the Soviet leader Mikhail Gor­ filed against them in court. Havana Municipal Court: bachev the following members According to information samuel Martinez Lara, nine of the Pro-Human Rights Party supplied to the Commission, the months of imprisonment; David were arrested: David Moya three were being held in isola­ Moya, nine months of imprison­ Alfonso, Maria Elena Otero, tion cells with the lights on ment; Roberto Bahamonde, Samuel Martinez Lara, Carlos around the clock, unable to three months; Hiram Abi Cobas, Pablo Segrera Martin, Gloria exercise and without access to three months, suspended Soto Diaz, Gila Stuart de reading material. The only because of illness; and Evita Céspedes, Raul Nunez de official reference to their arrest Ester Cruz Rodriguez, three Céspedes, and Maria Ester de has been an article in Granma months of imprisonment, Céspedes, who were taken to a linking it to statements made by suspended because of illness. police station in Havana them to journalists in connection They were not notified of these together with Audrey Miguel with the trial of General Ochoa sentences until the end of April, Stuart de Céspedes, a 10-year and his codefendants, which the trial was closed to the public old child. apparently prompted the charge and to members of their against them of the crime of During the period The four women and the families, and no witnesses came “spreading false reports against covered by this minor were set free that night forward on behalf of the Annual Report, the international peace.” and the eight men were tried in a accused. Commission Municipal Court on March 30, The Commission regards the requested that the The Commission is also 1989, without benefit of harassment of human rights Government of informed that on April 15, 1989, activists as a severe retrogres­ Cuba recognize counsel—nor was any public de­ when Professor Elizardo these associations fender provided—for under Sanchez, President of the Cuban sion from the slight trend toward and their right to Cuban legislation no defense Commission on Human Rights a degree of flexibility it had engage in their counsel is required in proceed­ and National Reconciliation, noted in the behavior of the activities freely. ings at the municipal level. The was in the lobby of the Habana Government of Cuba in the area This lack of arresting officers seized a Libre hotel for an interview with of human rights. The Commis­ recognition has typewriter, carbon paper and a visitor from CLAT, he was sion hopes that this behavior will been used by the other materials used to publish arrested by agents of the be rectified and that the human Government to the periodical Franqueza, which Ministry of the Interior and set rights organizations will be arrest human rights is not licensed to circulate. free that night. While under accorded all guarantees for the activists who Weeks later, during Mikhail arrest Professor Sanchez was meritorious work they are doing. attempt to exercise the right of assem­ Gorbachev ’s visit to Cuba in insulted and warned to leave bly and other inter­ April 1989, 21 human rights Cuba. Because of the acts of the nationally recog­ activists who had planned a government agents, the inter­ nized rights. peaceful demonstration in view with the trade union ❖❖❖❖

36

“Do not even dream that we are going to comply with a single comma of that resolution.”

—Fidel Castro, commenting on the United Nations resolution (Havana, March 7, 1990)

This is one of a series of reports and reprinted articles of Cuba concern distributed by The Cuban American National Foundation

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