TO THE INTERNATIONAL CRIMINAL COURT ATTOURNEY Prisoners Defenders International Network Association, with address at Calle Príncipe de Vergara 109 - 2nd floor, 28002 Madrid, Spain, with Internet address: https://www.prisonersdefenders.org, email: [email protected] and telephone (+ 34) 647564741, for the purposes of notifications, association registered in the Ministry of the Interior of Spain, with registration number O00000212e1900014301, of April 30, 2019, represented in this act by its President and founder, Mr. Javier Larrondo Calafat, citizen of Spain born in Madrid, Spain, with ID 07231399S. The organization that promotes human rights in Cuba, UNPACU, with address on Calle 9, number 10, between E and G, Reparto Mármol, Santiago de Cuba, Cuba, with Internet address https://www.unpacu.org, email [email protected] and telephone (+34) 647564741, for the purposes of notifications these last three forms of contact (avoiding the postal address for communications as being it monitored and intervened by the State), represented in this act by its General Coordinator, Mr. José Daniel Ferrer García, citizen of Cuba, born in Palma Soriano, Cuba, with Identity number 70072927509 . Mr. José Daniel Ferrer García, human rights activist Prisoner of Conscience by Amnesty International, XIII Human Rights International Prize of the Hispanic- Cuban Foundation and Democracy Award of the National Endowment for Democracy, citizen of Cuba, with Identity number 70072927509, with address in Calle Príncipe de Vergara 109 - 2nd floor, 28002 Madrid, Spain, email [email protected] and telephone: (+53) 58807751, for notification purposes. Mr. Javier Larrondo Calafat, of Spanish nationality, with N.I.F. nº 07231399S, with address at Calle Príncipe de Vergara 109 - 2nd floor, 28002 Madrid, Spain. With email [email protected] and telephone (+34) 647564741, for notification purposes. Mr. Sebastián Rivero Silva, of Spanish nationality, with N.I.F., No. 53840320B and address at Calle Príncipe de Vergara 109 - 2nd floor, 28002 Madrid, Spain. With email [email protected] and telephone: (+34) 648115369, for notification purposes. APPEAR IN COURT, in accordance with the provisions of articles 4, 42.1 and 53.1 of the Rome Statute of the International Criminal Court AND SUBMIT A COMPLAINT ON THE COMMISSION OF CRIMES AGAINST HUMANITY OF SLAVERY (ARTICLE 7.1.c), PERSECUTION (ARTICLE 7.1.h), AND OTHER INHUMANE ACTS OF A SIMILAR CHARACTER INTENTIONALLY CAUSING GREAT SUFFERING, OR SERIOUS INJURY TO BODY OR TO MENTAL OR PHYSICAL HEALTH (ARTICLE 7.1. k) for the facts mentioned below and perpetrated by the persons indicated in this writing. Denounced persons.- Mr. Raúl Modesto Castro Ruz, First Secretary of the Communist Party of the Republic of Cuba. Mr. Miguel Mario Díaz-Canel Bermúdez, President of the Council of Ministers of the Republic of Cuba. Mr. José Ángel Portal Miranda, Minister of Public Health of the Republic of Cuba. Mr. Rodrigo Malmierca Díaz, Minister of Foreign Trade and Foreign Investment of the Republic of Cuba. Mr. Bruno Rodríguez Parrilla, Minister of Foreign Affairs of the Republic of Cuba. Ms. Margarita González Fernández, Minister of Labor and Social Security of the Republic of Cuba. Competence.- The International Criminal Court is competent given that crimes against humanity of Enslavement, Persecution and Other inhumane acts, as typified in article 7 of the Rome Statute are denounced: 1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: …///… c) Enslavement; …///… h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under 2 international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. Jurisdiction.- The International Criminal Court has jurisdiction because the crimes that are denounced are committed, by those responsible for the Cuban government and administration, in the territory of numerous states that are part of the Court, such as, for example, the cases of Brazil which is a state party since June 20, 2002, Botswana, since September 8, 2000, Guatemala from April 2, 2012, Honduras from July 1, 2002, Venezuela from June 7, 2000, and Bolivia since June 27, 2002. The principle of complementarity is not applicable.- As will be stated in the legal bases, the Cuban dictatorial regime will not exercise any judicial activity to demand criminal liability for the crimes that are the subject of denunciation. Summary of the facts.- The Cuban regime has subjected the people to an ironclad single-party dictatorship of “irrevocable” character, not even by people's mandate, as stated by its Constitution, 1 2 that deprives its citizens of their fundamental rights, including that of freedom in all its areas. By means of the implantation of a juridical order destined to sustain and justify the dictatorship, the people are subjected to living conditions, in which the repression before the slightest dissidence with the dictates of the authoritarian power terrifies and destroys the lives of the people. The control of the person is total, and the repressive measures before any reaction contrary to the interests of the regime are constant. These notes characterize the Cuban system. To frighten the people and have them totally subdued and controlled and, in this way, from the apparatuses of power, being able to maintain the dictatorial 1 Actual Constitución de Cuba: https://drive.google.com/open?id=1DRQd_SzhqA- mqJ6B9k1QqwSIU_ZQB9lK 2 Legal analysis of the Cuban Constitution: https://drive.google.com/open?id=1vKOh4FynRw7L15cQdJAPpgQLD2ifpUFk 3 regime, multiple repressive measures are adopted and dictated against human rights. It is done in a generalized and systematic way from the apparatuses of power. It not only tortures, but also arrests and deprives its per from freedom in violation of fundamental norms of international law. Also from the apparatuses of power, in a generalized and systematic way, a constant persecution for political motives is carried out against any dissident group or person critical of the regime that aspires to the end of the dictatorship and repression. Deportation and assassination have been carried out, among other brutal acts, in the generalized context of a systematic attack against the population, as a way of sustaining the dictatorial regime. In a context of deprivation of the most minimal rights and subjecting people to conditions of slavery, carrying out persecutions against groups and collectives, also subjecting people to inhuman acts that intentionally cause inmense suffering, and at the same time seriously attacking physical integrity or the mental or physical health, from the apparatuses of the power of the Cuban regime, the civilian population is attacked in a generalized and systematic way. The crime against humanity (Article 7 of the Rome Statute) occurs in the case that is denounced because the requirements of the same are met, as will be stated in the legal bases sections. It meets the element of context, as there is a generalized and systematic attack against the civilian population; as well as the political element, as this attack comes from the apparatuses of the power of the regime and the administration; and the singular act, which in the case we denounce, is slavery (Article 7.1.c), persecution (Article 7.1.h), and other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health (Article 7.1. k). Doctors and other Cuban qualified professionals work in remote countries of their island in the so-called "Internationalization Missions" for periods of 3 years, missions that are regulated in their legislation with the definition of work of civilians on behalf of the State. The submission, control and repressive measures against these people, make us face real cases of slavery, in which the Cuban regime exercises attributes of property rights on all these people. In the face of acts leading to free themselves from such slavery, terrible actions are taken against the victims, actions that seek to frighten, threaten, terrorize, coerce and, finally, destroy their lives, with the public derision that such actions produce. And all this as part of a generalized attack against the civilian population from the apparatuses of power and administration, and with plenty of knowledge of that attack. All this is part of a regime that, as previously stated, subjects its citizens to brutal repression and deprivation of liberty and rights in order to maintain the dictatorship. 4 This document demonstrates with irrefutable documentary and testimonial evidence the following facts: 1. The "internationalization missions" are composed by a contingent that fluctuates between 50,000 and 100,000 Cuban civilian workers anually from different fields (doctors, teachers, engineers, sailors, athletes, etc.) 2. The "missions" occur in a total of countries that fluctuate between 65 and 100 countries each year. 3. Workers do not volunteer for such missions, but are forced and strongly coerced to go.