Human Rights Watch
Cuba
Cuba remains the only country in
Latin America that represses virtually all forms of political dissent. In 2012,
the government of Raúl Castro continued to enforce political conformity using
short-term detentions, beatings, public acts of repudiation, travel
restrictions, and forced exile.
Although in 2010 and 2011 the Cuban
government released dozens of political prisoners on the condition that they
accept exile in exchange for their freedom, the government continues to
sentence dissidents to one to four-year prison terms in closed, summary trials,
and holds others for extended periods without charge. It has also relied
increasingly upon arbitrary arrests and short-term detentions to restrict the
basic rights of its critics, including the right to assemble and move freely.
While reforms passed in October 2012
eliminate the need for Cubans to obtain an exit visa to leave the island, they
contain vague, broad provisions which could be used by authorities to continue
to deny the right to travel to people who are critical of the government.
Political
Prisoners
Cubans who dare to criticize the
government are subject to criminal prosecution. They do not benefit from due
process guarantees, such as the right to fair and public hearings by a
competent and impartial tribunal. In practice, courts are “subordinated” to the
executive and legislative branches, thus denying meaningful judicial independence.
Political prisoners are routinely denied parole after completing the minimum
required sentence as punishment for refusing to participate in ideological
activities such as “reeducation” classes.
The death of political prisoner
Orlando Zapata Tamayo in 2010 after his 85-day hunger strike, and the
subsequent hunger strike by dissident Guillermo Fariñas, pressured the
government to release the political prisoners from the “group of 75” (75
dissidents who were sentenced to long prison terms in a 2003 crackdown). Yet
most were forced to choose between ongoing prison sentences and forced exile,
and dozens of other dissidents have been forced abroad to avoid imprisonment.
Dozens of political prisoners remain
in Cuban prisons, according to human rights groups on the island. These groups
estimate there are more political prisoners whose cases they cannot document
because the government does not allow independent national or international
human rights groups to access its prisons.
Rogelio Tavío López—a member the
Unión Patriótica de Cuba dissident group—was detained in March 2012 in
Guantanamo province after organizing a protest to demand the release of
political prisoners. He has since been held in detention without being brought
before a judge or granted access to a lawyer.
Arbitrary
Detentions and Short-Term Imprisonment
In addition to criminal
prosecutions, the Cuban government has increasingly relied on arbitrary
detention to harass and intimidate individuals who exercise their fundamental
rights. The Cuban Commission for Human Rights and National Reconciliation—an
independent human rights group that the government views as illegal—received
reports of 2,074 arbitrary detentions by state agents in 2010, 4,123 in 2011,
and 5,105 from January to September 2012.
The detentions are often used
preemptively to prevent individuals from participating in events viewed as
critical of the government, such as peaceful marches or meetings to discuss
politics. Many dissidents are subjected to beatings and threats as they are detained,
even though they do not try to resist.
Security officers virtually never present arrest orders to justify the
detentions and threaten detainees with criminal sentences if they continue to
participate in “counterrevolutionary” activities. Victims of such arrests are
held incommunicado for several hours to several days, often at police stations.
In some cases, they are given an official warning, which prosecutors may later
use in criminal trials to show a pattern of delinquent behavior. Dissidents
said these warnings are aimed at discouraging them from participating in future
activities seen as critical of the government.
In July, at least 40 people were arbitrarily detained in Havana at the
funeral of dissident Oswaldo Payá, who died in a car accident. Police officers
broke up the non-violent procession and beat participants. The detainees were
taken to aprison encampment where they were held incommunicado for 30 hours
before being released without charge.
Freedom of Expression
The government controls all media outlets in Cuba and tightly restricts
access to outside information, which severely limits the right to freedom of
expression. Only a tiny fraction of Cubans have the chance to read
independently published articles and blogs because of the high cost of and
limited access to the internet.
A small number of independent journalists and bloggers manage to write
articles for foreign websites or independent blogs, yet those who use these
outlets to criticize the government are subjected to public smear campaigns,
arbitrary arrests, and abuse by security agents. The authorities often
confiscate their cameras, recorders, and other equipment. According to the
independent journalists’ group Hablemos Press, authorities arbitrarily detained
19 journalists in September 2012, including Calixto Ramón Martínez Arias, who
remained in prison without charge at this writing.
The Cuban government uses selective allocations of press credentials and
visas, which are required by foreign journalists to report from the island, to
control coverage of the island and punish media outlets seen as overly critical
of the regime. For example, in anticipation of the March 2012 visit of Pope
Benedict XVI to Cuba, the government denied visas to journalists from
El
Pais and
El Nuevo Herald, newspapers whose reporting it has
criticized as biased.
Human Rights Defenders
The Cuban government refuses to recognize human rights monitoring as a
legitimate activity and denies legal status to local human rights groups.
Meanwhile, government authorities harass, assault, and imprison human rights
defenders who attempt to document abuses. In the weeks leading up to and during
Pope Benedict XVI’s visit to Cuba, authorities detained, beat, and threatened
scores of human rights defenders.
Travel Restrictions and Family Separation
In 2012 the Cuban government prevented the country's citizens from leaving
or returning to Cuba without first obtaining official permission, which was
often denied to those who had criticized the government. For example, acclaimed
blogger Yoani Sánchez, who has been critical of the government, has been denied
the right to leave the island at least 19 times since 2008, including in
February 2012 after the Brazilian government granted her a visa to attend a
documentary screening.
Reforms to travel regulations that went into effect in January 2013
eliminate the need for an exit visa to leave the island, which had previously
been used to deny the right to travel to people critical of the government and
their families. However, the reform establishes that the government may
restrict the right to travel on the vague grounds of “defense and national
security” or “other reasons of public interest,” which could allow authorities
to continue to deny people who express dissent the ability to leave Cuba.
The government restricts the movement of citizens within Cuba by enforcing a
1997 law known as Decree 217. Designed to limit migration to Havana, the decree
requires Cubans to obtain government permission before moving to the country's
capital. It is often used to prevent dissidents traveling to Havana to attend
meetings and to harass dissidents from other parts of Cuba who live in the
capital.
Prison Conditions
Prisons are overcrowded, unhygienic, and unhealthy, leading to extensive
malnutrition and illness. More than 57,000 Cubans are in prisons or work camps,
according to a May 2012 article in an official government newspaper. Prisoners
who criticize the government, or engage in hunger strikes and other forms of
protest are often subjected to extended solitary confinement, beatings,
restrictions on family visits, and denial of medical care. Prisoners have no
effective complaint mechanism to seek redress, giving prison authorities total impunity.
In January 2012, Wilman Villar Mendoza, 31, died after a 50-day hunger
strike in prison, which he initiated to protest his unjust trial and inhumane
prison conditions. He had been detained in November 2011 after participating in
a peaceful demonstration, and was sentenced to four years in prison for
“contempt” in a summary trial in which he had no lawyer. After beginning his
hunger strike, he was stripped naked and placed in solitary confinement in a
cold cell. He was transferred to a hospital only days before he died.
Key International Actors
The United States’ economic embargo on Cuba, in place for more than half a
century, continues to impose indiscriminate hardship on the Cuban people, and
has done nothing to improve human rights in Cuba. At the United Nations General
Assembly in November, 188 of the 192 member countries voted for a resolution
condemning the US embargo.
In 2009, President Barack Obama enacted reforms to eliminate limits on
travel and remittances by Cuban Americans to Cuba, which had been put in place
during the administration of President George W. Bush. In 2011, Obama used his
executive powers to ease “people-to-people” travel restrictions, allowing
religious, educational, and cultural groups from the US to travel to Cuba. However,
in May 2012 the Obama administration established additional requirements to
obtain “people to people” licenses, which has reduced the frequency of such
trips.
The European Union continues to retain its "Common Position" on
Cuba, adopted in 1996, which conditions full economic cooperation with Cuba on
the country's transition to a pluralist democracy and respect for human rights.
In June, the UN Committee Against Torture (CAT) issued a report on Cuba in
which it expressed concern about reports of inhumane prison conditions and the
use of ambiguous preventive detention measures such as “social dangerousness,”
among other issues for which it said the Cuban government failed to provide key
information.