Document - Further information: Cuba: Sentencing of three brothers postponed
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| Alexeis Vargas Martín |
Further information on UA: 201/13 Index: AMR 25/003/2014 Cuba Date: 15 July 2014
URGENT ACTION
sentencing of three brothers postponed
The sentencing of three prisoners of conscience originally scheduled
for 1 July has been postponed with no further information. They are
prisoners of conscience and should be released immediately and
unconditionally.
Twenty-two-year-old Alexeis Vargas Martín and his two 18-year-old twin brothers, Vianco Vargas Martín and Django Vargas Martín,
were tried on 13 June at the Provincial Court in Santiago de Cuba,
south-eastern Cuba, under the charges of public disorder of a continuous
nature (alteración del orden público de carácter continuado).
The sentencing was scheduled for 1 July but was
postponed with no indication of a new date. The mother of the three
brothers visited the Court on 1 July in order to collect the sentencing
documents but they were not finalised. According to local activists the
authorities may try to convince the three brothers to give up their
activism and this could be the reason behind the postponement.
Amnesty International believes that their
arrest and detention is in response to their 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 the Patriotic Union of Cuba (Unión Patriótica de Cuba, UNPACU). The
three brothers are prisoners of conscience and must be immediately and
unconditionally released.
Please write immediately in Spanish, English or your own language:
Calling on the authorities to release Alexeis Vargas Martín, Vianco
Vargas Martín and Django Vargas Martín immediately and unconditionally,
as they are prisoners of conscience, detained solely for peacefully
exercising their right to freedom of expression;
Urging them to allow the free exercise of the right to freedom of expression, association and assembly, without fear of reprisal.
PLEASE SEND APPEALS BEFORE 26 AUGUST 2014 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:
UNPACU
Calle 9 no. 10, entre E y G
Altamira, Santiago de Cuba
Cuba C.P. 90200
Email: leonardoramirez1973@gmail.com
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
URGENT ACTION
sentencing of three brothers postponedAdditional Information
According to information
received by Amnesty International, the Public Prosecutor has asked for
Alexeis Vargas Martín to be sentenced to five years’ imprisonment and
three years for Vianco and Django Vargas Martín, who were 16 at the time
of arrest. They were reportedly subjected to a summary trial, with none
of the witnesses for the defence being allowed to testify. In political
trials such as these it is typical for the judge to pass the sentences
requested by the public prosecutor.
The brothers, from the city of
Santiago de Cuba, are all members of the Patriotic Union of Cuba (Unión
Patriótica de Cuba, UNPACU), a civil society organization which
advocates for greater civil liberties in the country. Since their
detention, Alexeis Vargas Martín is being held at Aguadores Prison in
Santiago de Cuba province, while Vianco and Django Vargas Martín are
held at the Mar Verde prison in the same province.
In the afternoon of 27 November 2012, Alexeis was returning to his house where a government-sanctioned demonstration (acto de repudio)
was underway at the time. The house was surrounded by government
supporters as his mother, Miraida Martín Calderín, a member of the
Ladies in White protest group, was meeting with other members of the
same organization. Alexeis was refused entry to his own home and was
arrested by police and officials from the Department of State Security.
On 2 December, Vianco and Django Vargas Martín – then only 16 years old –
were also arrested when they went with friends to protest outside the
Micro 9 police station in the city of Santiago de Cuba against the
detention of their brother. In early July 2013, officials from the
Department of State Security told the brothers’ family that they could
be released on bail. The three brothers, however, have refused this as
they reject the charges made by the police and insist on their
innocence.
Miraida Martín Calderín was
also arrested on 2 December 2012 as she protested outside the Tercera
Unidad police station in the city of Santiago de Cuba and charged by
police with public disorder (desorden público). She was held at
the Mar Verde prison for women and released pending trial on 20 February
2013. Miraida Martín Calderín appeared in court alongside her sons on
13 June facing charges of public disorder and defaming institutions,
heroes and martyrs (difamación de las instituciones, héroes y mártires). She may face a sentence of over two years to home arrests.
The right to a fair trial in
Cuba is affected, especially in trials with political connotations, as
courts and prosecutors are under government control. Cuba’s National
Assembly elects the President, Vice-President and the other judges of
the Peoples’ Supreme Court, as well as the Attorney General and the
Deputy Attorney General. In addition, all courts are subordinate to the
National Assembly and the Council of State, raising concerns over
internationally recognised standards for fair trial and the right to
trial by an independent and impartial tribunal.
Acts of repudiation (actos de
repudio) are government-coordinated demonstrations, usually carried out
in front of the homes of government critics, attended by government
supporters, state officials and law enforcement agencies, aimed at
harassing and intimidating opponents of the government, and are often
used to prevent them from travelling to take part in activities. During
an act of repudiation, political opponents and human rights activists
are subjected to verbal and physical abuse by groups of people chanting
pro-government slogans. Police are usually present but do not intervene
to stop the assaults. Such incidents frequently involve the Rapid
Response Brigades (Brigadas de Respuesta Rápida), a structure set up in
1991 and composed of Communist Party volunteers whose task is to deal
with any sign of "counter-revolution". Local human rights activists and
others believe these incidents are orchestrated by Cuba's security
services to intimidate any opposition. Miraida Martin Calderin has told
Amnesty International that members of the Rapid Response Brigade threw
stones at her house during the act of repudiation on 27 November 2012.
Names: Alexeis Vargas Martín, Vianco Vargas Martín and Django Vargas Martín
Gender (m/f): m
Further information on UA: 201/13 Index: AMR 25/003/2014 Issue Date: 15 July 2014
http://www.amnesty.org/en/library/asset/AMR25/003/2014/en/af538db9-db11-4abf-ada9-3938b092b75d/amr250032014en.html
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