Amnesty International demands Cuba release of 5 prisoners of conscience

“These five cases are only the tip of the iceberg for Cuba’s repression of free speech.” - Javier Zúñiga, Special Advisor for Amnesty International.

Cuba: Release five prisoners of conscience immediately

Human rights activists, such as "Ladies in White" targeted by Cuban authorities.

© AP Photo/Javier Galeano

5 August 2013

by Amnesty International

The Cuban authorities must immediately and unconditionally release five men who have been named prisoners of conscience by Amnesty International.

The cases of the five men – Rafael Matos Montes de Oca, Emilio Planas Robert and the brothers Alexeis, Diango, and Vianco Vargas Martín – are indicative of the continuing repression of freedom of expression on the island, the organization said.

“These five cases are only the tip of the iceberg for Cuba’s repression of free speech,” said Javier Zúñiga, Special Advisor for Amnesty International.

“The only progress made by the Cuban government has been the reform of the Migration Law earlier this year. It allowed many people including human rights defenders and government critics to travel abroad. Much more needs to be done to guarantee civil and political liberties in the country.”

Emilio Planas Robert and Rafael Matos Montes de Oca Both have both been found guilty of peligrosidad (dangerousness, or “special proclivity to commit crimes”) and sentenced to medidas de seguridad predelictivas (“security measures”), even though no evidence was presented against them in court.

“The use of this particular legislation, which allows the government to jail its citizens on the slightest evidence because it believes they may commit a crime in the future, is a flagrant violation of international standards and must be immediately repealed,” said Javier Zúñiga.

“This Orwellian law is being used as a pretext to jail government critics,” he added.

Amnesty International believes the conviction is politically motivated, as both men are members of the Patriotic Union of Cuba (Unión Patriótica de Cuba, UNPACU), a civil society organization which advocates for greater civil liberties on the island.

Alexeis Vargas Martín and his 17-year-old twin brothers, Diango and Vianco Vargas Martín – all members of UNPACU – have been accused by the police of using violence or intimidation against a state official (atentado). They have not been formally charged and their lawyer has not been granted access to their case-files. They are being held at different prisons in Santiago de Cuba province.

“Repression of independent journalists, opposition leaders and human rights activists increased last year in Cuba, and show no sign of abating,” Javier Zúñiga added.

“In recent months, we have received scores of reports of people who were arbitrarily arrested and even imprisoned on ludicrous charges that violate international standards.”

By the end of June this year, 2,143 people are reported to have been subject to short-term arrests in Cuba.

There were reports of an average of 400 short-term arrests each month during 2012 and activists travelling from the provinces to Havana were frequently detained. The independent Cuban Commission for Human Rights and National Reconciliation reported 6,602 detentions of government critics last year, compared to 4,123 in 2011 and 2,074 in 2010.

Background
Cuban investigative journalist Calixto Martínez was freed on 9 April 2013 after Amnesty International named him a prisoner of conscience in January. He was held for almost seven months in prison but was never formally charged with any crime.

Emilio Planas Robert and Rafael Matos Montes de Oca were arrested in the eastern city of Guantánamo on 23 and 27 September last year respectively, after posters with anti-government slogans appeared around the city.

Alexeis Vargas Martín was arrested on 27 November 2012 in the city of Santiago de Cuba, as he tried to return to his home. His mother who is a member of the opposition organization Ladies in White (Damas de Blanco) was throwing a birthday celebration. Pro-government protestors were demonstrating outside the house and had blocked the road.

His brothers, Diango and Vianco Vargas Martín, were arrested on 2 December, as they protested their brother’s detention in front of a police station.

http://www.amnesty.org/en/news/cuba-pocs-2013-08-02

Amnesty International recognizes two more Cubans imprisoned solely for speaking out

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 OUT

Additional 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 Robert
Gender m/f: both m

UA: 205/13 Index: AMR 25/006/2013 Issue Date: 2 August 2013