UA: 205/13 Index: AMR 25/006/2013 Cuba Date: 2 August 2013
URGENT ACTION
GOVERNMENT CRITICS JAILED FOR SPEAKING OUT
Two government critics are serving prison sentences in Cuba on
politically motivated charges, following summary trials. Amnesty
International considers them prisoners of conscience, detained solely
for peacefully exercising their right to freedom of expression.
Emilio Planas Robert and Rafael Matos Montes de Oca were
arrested in the city of Guantánamo in Guantánamo Province on 23 and 27
September 2012 respectively by Cuban police and officials from the
Department of State Security. The men, who are both members of the
Patriotic Union of Cuba (Unión Patriótica de Cuba, UNPACU) were charged
with “dangerousness” (peligrosidad), a pre-emptive measure
defined as the “special proclivity of a person to commit crimes”.
Behaviour such as drunkenness, drug-addiction and “antisocial behaviour”
is criminalized under this legislation.
However, it is also used as a
pretext to imprison political dissidents, independent journalists and
government critics. Emilio Planas Robert was sentenced to
three-and-a-half years' imprisonment and Rafael Matos Montes de Oca to
two-and-a-half years following summary trials on 5 and 15 October 2012
respectively.
The authorities had accused them of putting up
posters in Guantánamo city with “anti-government” slogans such as “down
with Fidel” (abajo Fidel) and “down with hunger” (abajo la hambre). According to their families, no incriminating material was found at their houses and none was presented at their trials.
Amnesty International believes these sentences
are politically motivated, relating to the two men's peaceful exercise
of their right to freedom of expression, and that it is intended to send a message of intimidation to other government critics, particularly other members of UNPACU. Therefore the organization considers them prisoners of conscience.
Please write immediately in Spanish or your own language:
Calling on the authorities to release Rafael Matos Montes de Oca and Emilio Planas Robert immediately and unconditionally, as they are prisoners of conscience, detained solely for peacefully exercising their right to freedom of expression calling on them to eliminate from the Criminal Code provisions regarding “dangerousness" and repeal all legislation which unduly limits freedom of expression and association.
PLEASE SEND APPEALS BEFORE 13 SEPTEMBER 2013 TO:
Head of State and Government
Raúl Castro Ruz
Presidente de la República de Cuba
La Habana, Cuba
Fax: +41 22 758 9431 (Cuba office in Geneva); +1 212 779 1697 (via Cuban Mission to UN)
Email: cuba@un.int (c/o Cuban Mission to UN)
Salutation: Your Excellency
Attorney General
Dr. Darío Delgado Cura
Fiscal General de la República, Fiscalía General de la República, Amistad 552, e/Monte y Estrella, Centro Habana,
La Habana, Cuba
Salutation: Dear Attorney General
And copies to:
Interior Minister
General Abelardo Coloma Ibarra
Ministro del Interior y Prisiones
Ministerio del Interior, Plaza de la Revolución, La Habana, Cuba
Fax: +1 212 779 1697 (via Cuban Mission to UN)
Email: correominint@mn.mn.co.cu
Salutation: Your Excellency
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Please check with your section office if sending appeals after the above date.
URGENT ACTION
GOVERNMENT CRITICS JAILED FOR SPEAKING OUTAdditional Information
Article 72 of the Cuban
Criminal Code, "The Dangerous State", reads: "The dangerous state is
considered to be the special proclivity of a person to commit crimes as
demonstrated by behaviour that manifestly contradicts the norms of
socialist morals." (Se considera estado peligroso la especial
proclividad en que se halla una persona para cometer delitos, demostrada
por la conducta que observa en contradicción manifiesta con las normas
de la moral socialista).
Both Rafael Matos Montes de
Oca and Emilio Planas Robert were sentenced to security measures for
those deemed to be likely to commit a crime in the future (medidas de seguridad predelictivas).
Articles 78 to 84 of the Criminal Code describe the types of measure
that can be taken, which include re-educative measures lasting from
between one and four years. The person is to be interned in a
"specialized work or study establishment" (un establecimiento especializado de trabajo o de estudio) or sent to "a work collective" (colectivo de trabajo). There is no mention of imprisonment.
Article 75 of the Criminal Code states that an "Official Warning" (Advertencia Oficial)
will be given by the relevant police authority, to prevent those
concerned from carrying out socially dangerous or criminal activities (será
objeto de advertencia por la autoridad policíaca competente, en
prevención de que incurre en actividades socialmente peligrosas o
delictivas). The warning is to be issued as a legal document (acta)
expressly stating the reasons for it, as well as what the person
concerned has to say about it, and must be signed by both parties.
According to their families, neither Rafael Matos Montes de Oca nor
Emilio Planas Robert reportedly ever received any warning from the
authorities, written or oral.
Rafael Matos Montes de Oca’s
wife was only told of his trial when it was already underway, and was
only able to attend the closing stages – she had been in the process of
hiring a lawyer at the time. Emilio Planas Robert’s family were not
informed of his trial and he was also not represented by a lawyer. Both
trials reportedly lasted less than two hours.
The accusations made by the
Public Prosecutor during Rafael Matos Montes de Oca’s trial were
reportedly that he did not work, did not have good relations with his
neighbours, drank alcohol, wandered the streets at night and associated
with counter-revolutionary elements. Emilio Planas Robert was apparently
accused of being antisocial and meeting with counter-revolutionary
elements.
Both men are imprisoned in the Guantánamo Provincial Prison (prisión provincial de Guantánamo).
The Patriotic Union of Cuba is a civil society organization which advocates for greater civil liberties on the island.
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Name: Rafael Matos Montes de Oca and Emilio Planas RobertGender m/f: both m
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