Odyssey of Cuban matriarch Maydolis Leyva Portelles and her family: Jailed because they refused to mourn Fidel Castro's death

A cautionary tale started in 2016 that continues through today

Maydolis Leyva Portelles and her family targeted by secret police in Cuba

Communist hardliners do not forgive or forget. The death of Fidel Castro on November 25, 2016 plunged hard line Marxist Leninists into mourning for the Cuban tyrant, and was the case with Stalin and Mao, not mourning the passing of the dictator was a punishable offense.

 Maydolis Leyva Portelles and her three children were punished for not sufficiently lamenting the passing of the individual most responsible for turning Cuba into a communist dictatorship for the past 61 years.

Twin sisters Anairis and Adairis Miranda Leyva, their mom and their brother Fidel Manuel Batista Leyva jailed for leaving their home during the period of mourning for Fidel Castro were recognized as prisoners of conscience by Amnesty International in March 2017.

They had been jailed since November 27, 2016 for not having mourned the death of Fidel Castro. The three siblings were hospitalized following a hunger strike that began on March 7, 2017 and were conditionally released on April 3, 2017.   

However the harassment did not end, but has continued to the present day. 

Adairis Miranda Leyva has two children: Tahimí Rodríguez Miranda (age 14 ) and Alain Michel Rodríguez Miranda (age 12), that over the past three years have not been able to go to school out of fear for their physical security. Due to the beatings, Acts of Repudiation, offenses and threats carried out against them by angry mobs of communist teachers, parents and students.

On February 24, 2020, after they held a public protest on Holguín Boulevard, repression increased: they suffered severe beatings, arbitrary arrests, murder attempts, attempted police rape (against Ana Iris and Ada Iris), serious moral and political offenses. To make matters worse, the communist dictatorship seeks to jail them again on spurious charges.

On September 26, 2020, at 7:41 PM, mobs organized by the dictatorship, members of the violent rapid response groups led by secret police, began an Act of Repudiation against them. In this attack, they threw bricks at them, smashed their door and the window. The mob invaded their home, burned down their kitchen, and destroyed what little they owned. 

During the attack, in which more than a hundred people participated, the secret police led by Lt. Colonel Alejandro, head of the confrontation brigade in Holguín), as well as police officers were present to encourage the mob action sanctioned by the Castro regime.

Hoy, 3 de Octubre de 2020, mis dos hermanas Ana Iris y Ada Iris cumplen 31 años de edad. Mañana, 4 de Octubre de 2020, Tahimí cumplirá 14 años de edad.
¡Que Dios las Bendiga, Libere, Proteja y Prospere siempre junto a Alain Michel, Maydolis, Fidel Batista y Luna! pic.twitter.com/vZXpjHpnWs

— Ana Iris Miranda Leyva y Familia (@AnaIris72442501) October 3, 2020

They were only able to save themselves because they climbed onto a neighbor's roof; and at dawn escaped by going out through someone else's house. This happened to them, their dog and María Casado Ureña, a 72-year-old woman, was also physically assaulted and threatened by the mob for visiting them.

Now they are homeless and observing birthdays seeking refuge with good Samaritans who are in turn targeted by the dictatorship for granting them shelter.

Nearly four  years after they failed to mourn Fidel Castro's death this family is seeking asylum, and fear for their lives. This is how communism in practice deals with dissidents, and those who do not actively support the dictatorship in Havana.

Not mourning the death of Fidel Castro is punishable by prison, beatings and death in Cuba.

Cuban dictator Fidel Castro is still dead. With apologies to Chevy Chase and Saturday Night Live

Fidel Castro's gone but when will the dictatorship he created follow him?

Two years ago, on a Black Friday that fell on November 25, 2016, Cuban tyrant Fidel Castro died at the age of 90 never having had to answer for his many crimes against humanity both in and out of Cuba. From Nicaragua, to Ethiopia, to Venezuela, and in many other places the Castro regime assisted tyrants and dictators to hold on to and consolidate their power.  One day later in a blog post I predicted what would come next. 

"Predictably over the next few weeks inside Cuba the world will see spectacles organized by the totalitarian dictatorship to "mourn the great leader." The regime has already started with nine days set aside for official mourning. This will not be the first time that monsters are mourned by an oppressed people through different methods of command, control and manipulation. The world has witnessed it before in the Soviet Union in 1953 and more recently in North Korea with the Kim dynasty. The death of Stalin as dramatized in the film "The Inner Circle" is recommended viewing for those about to follow the circus in Cuba in the wake of Fidel Castro's death.  Meanwhile in Cuba as the regime prepares its state funeral the Castro dictatorship's secret police begin to make threats, round up and take dissidents to undisclosed location and commit acts of violence." 

 The two year mark will be reached in two days, but the record is already evident for those willing to look with a critical eye. When Fidel Castro's death was announced mourning was obligatory, and failure to do so had serious consequences.

Some were jailed for refusing to mourn the Cuban dictator's death but were released from prison over the course of 2017. Others remain jailed.

Cuban family arrested for not mourning death of Cuban dictator Fidel Castro.

An entire family in Holguin made up of Maydolis Leyva Portelles and her children: Fidel Batista Leyva, and twins Adairis and Anairis Miranda Leyva, were arrested for "defamation of martyrs of the homeland" because they refused to mourn the dictator.  Amnesty International recognized them as prisoners of conscience and when they were released in April 2017 following a prolonged hunger strike they continue to be harassed by State Security.

Darío Pérez Rodríguez, who refused to watch the funeral ceremony on television saying that they disgusted him, was released in October 2017. Luis Andrés Domínguez Sardiñas was arrested on November 27, 2016 and accused of celebrating Fidel Castro's death, and advocating that Raul Castro be gotten rid of as well. 

Eduardo Cardet Concepción, a Cuban physician,  human rights defender, and national coordinator of the Christian Liberation Movement (MCL) gave a critical assessment of Fidel Castro's rule to the international press following the dictator's death. He returned home to Cuba, and was beaten up by the secret police in front of his wife and two children. Cardet was beaten up again in prison, subjected to a political show trial and sentenced to three years in prison. He was stabbed with a sharp object repeatedly, and denied family visits because they were campaigning for his release. One week from today, on November 30th will mark two years that he has been unjustly jailed.

In at least one case celebrating the death of Castro proved a death sentence. Prisoner Hermenegildo Duvergel was badly beaten by prison guards for celebrating the death of Castro on the day the dictator died. The beating was so severe that they broke his ribs, and did not give him medical assistance. He died from the injuries caused by the beating.

Taking the above reality into account, and previous historical examples with the death of another tyrannical monster, Josef Stalin, the scenes from Cuba should not have come as a surprise. However, the actions by some in the international community and democratic heads of state was shocking.

Photo taken by Cuban Mission to the UN during moment of silence for Castro

On December 1, 2016 at the United Nations General Assembly held a moment of silence for Fidel Castro in New York City. Five days later on December 6, 2016 the United Nations Human Rights Council in Geneva Switzerland held another moment of silence for the tyrant ignoring the dictator's terrible human rights record. Two weeks later on December 20, 2016 the General Assembly of the United Nations once again paid tribute to the dead autocrat. 

Canadian Prime Minister Justin Trudeau, issued an official statement upon Castro's death, repeating the regime's propaganda talking points to justify five decades of authoritarian rule claiming Castro as “a legendary revolutionary and orator" who "made significant improvements to the education and healthcare of his island nation." 

This not only ignores the dismal human rights record in Cuba, but also the unpleasant fact that Cuban education has been destroyed under the Castro regime with deteriorating schools, ideology prioritized over education, and poorly trained teachers.  

With regards to healthcare in the island nation. There is a health care system which is decent, but it is for regime elites in good favor and tourists with hard currency.  The other, the one for everyday Cubans is a disaster. There have been outbreaks of cholera and dengue which points to failures in the public health system. 

On a historic visit to #Havana, the Spanish premier vowed on Friday that his country would continue to increase investments there despite Cuba’s cash woes, illustrating Europe’s enduring interest in the opening market even as the United States pulls away. https://t.co/FP5O7VS9kJ

— Sarah Marsh (@reuterssarah) November 23, 2018

Praising Castroism while ignoring the ruins the regime created in Cuba and successfully spread to Venezuela is a dangerous conceit that may come back to haunt these apologists, if they believe the regime's lies and try to implement their models of education and healthcare.

Spain's socialist prime minister today failed to speak out publicly for Cuban prisoner of conscience Eduardo Cardet, but pledged to pour money into the Cuban dictatorship that will strengthen the military and police state. 

Fidel Castro's regime lives on and so do the useful idiots that continue to underwrite it.

Refusing to mourn Fidel Castro's death is punishable by prison in Cuba.

Reuters needs to take a closer look at the Cuban reality

Member of local electoral commission tests microphone in front of image of Fidel Castro

 Without any context or irony Sarah Marsh and Nelson Acosta of Reuters in their article "Cuba marks anniversary of Fidel death as post-Castro era nears" referring to Cuban despot Fidel Castro as a "revolutionary leader" reports that the dictator's "death last year plunged Cuba into nine days of national mourning."  The Reuters reporters also claimed that "'I am Fidel' became a nationwide chant, as many Cubans pledged to stay faithful to the revolution he led that in 1959 overthrew a U.S.-backed dictator." However there is no mention of the Cubans arrested and still in prison today for refusing to mourn Fidel Castro's death last year.

Two Cubans who refused to remain silent and spoke out on the real legacy of Fidel Castro remain in prison today. Their names are Carlos Alberto González Rodríguez and Eduardo Cardet Concepción. Seven others spent months in prison for refusing to go along or remain silent in their disdain for Castro.

 Carlos Alberto González Rodríguez
Carlos Alberto González Rodríguez, a 48 year old engineer, was sentenced to two years in prison after placing a poster that said "Down with Fidel" in Camajuaní, Santa Clara on November 26, 2016, one day after the death of the elderly tyrant. He was charged with  a "predilection to social dangerousness" and a summary judgement was rendered against him. He is currently at the "El Pre" prison in Santa Clara.

Amnesty International prisoner of conscience Eduardo Cardet Concepción
Eduardo Cardet Concepción, age 49,  has spent the last eleven months arbitrarily detained in a Cuban prison. Cardet, a medical doctor, husband and father of two has been jailed for his nonviolent activism generally and specifically for giving an honest assessment of the life and legacy of Fidel Castro. Following Castro's November 25, 2016 death, Cardet explained to a foreign journalist that "Castro was a very controversial man, very much hated and rejected by our people." On November 30, 2016 when he returned home to Cuba he was beaten up in front of his wife and children by Cuban state security and jailed. Amnesty International has recognized him as a prisoner of conscience.

Eduardo Cardet is the national coordinator of the Christian Liberation Movement. [His predecessor, Oswaldo Payá Sardiñas, met with a suspicious death along with  Harold Cepero Escalante on July 22, 2012.] On November 30th he will mark one year in prison.

Anairis,Adairis Miranda Leyva, Maydolis Leyva Portelles, Fidel Manuel Batista Leyva

Other seven jailed for months but no longer in prison for refusing to mourn Castro's death
Others were jailed for refusing to mourn the death of Fidel Castro in November 2016 but were released from prison over the course of 2017. Darío Pérez Rodríguez, who refused to watch the funeral ceremony on television saying that they disgusted him, was released in October 2017. Luis Andrés Domínguez Sardiñas was arrested on November 27, 2016 and accused of celebrating Fidel Castro's death, and advocating that Raul Castro be gotten rid of as well. He is currently free but faces two years in prison for disrespect to the figure of the Commander in Chief. Cuban artist Danilo Maldonado wrote, "He's Gone" on a wall and spent two months in prison without charges. A family in Holguin made up of Maydolis Leyva Portelles and her children: Fidel Batista Leyva, and the twins Adairis and Anairis Miranda Leyva, were arrested for "defamation of martyrs of the homeland."  Amnesty International recognized them as prisoners of conscience and they were released in April 2017 following a prolonged hunger strike.

Hopefully, Reuters will take these facts into account before writing such glowing appraisals of how Cubans remember Fidel Castro and his legacy. If speaking critically, or refusing to attend an event to honor the tyrant invites prison how honest are those speaking positively on the passing of the dictator?

Amnesty International issues urgent action for Cubans on hunger strike

Update on the case of the Leyva siblings in Cuba

Anairis,Adairis Miranda Leyva, Maydolis Leyva Portelles, Fidel Manuel Batista Leyva

Twin sisters, their mom and their brother jailed for leaving their home during the period of mourning for Fidel Castro were recognized as prisoners of conscience by Amnesty International in March of 2017.They had been jailed since November 27, 2016 for not having mourned the death of Fidel Castro two days earlier. The three siblings were hospitalized following a hunger strike that began on March 7, 2017 and were conditionally released on April 3, 2017.  On June 8th following months of harassment and intimidation by regime agents, including mobs surrounding their homes, and threats to return them to prison the siblings began a hunger strike to protest the intimidation.




 

From: AIS - Caribbean <Caribbean@amnesty.org>
Date: Friday, June 30, 2017
Subject: Amnesty International | Urgent Action - Cuba: Ex-prisoners of conscience intimidated 

Dear all 

Amnesty International issues urgent action UA AMR 25/6650/2017 on behalf of former prisoners of conscience and siblings Anairis Mirando Leyva, Adairis Miranda Leyva and Fidel Manuel Leyva, currently intimidated by the authorities in Cuba.

Thanks for taking action and sharing in your networks.

URGENT ACTION

Ex-Prisoners of conscience intimidated

By Amnesty International

Three siblings sentenced to one-year of prison for allegedly leaving their house during the state morning following Fidel Castro´s death, are on hunger strike after being harassed and intimidated in Cuba since their conditional release in April. Their sentences should be quashed and their release made unconditional.

Three siblings, twin sisters Anairis and Adairis Miranda Leyva, their brother, Fidel Manuel Batista Leyva and their mother, Maydolis Leyva Portelles, all human rights defenders, were arrested on 27 November 2016, two days after the death of Fidel Castro. The siblings were given a one-year sentence for “defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba” and “public disorder” for allegedly leaving their house during the period of state mourning.

On 2 April, after a prolonged hunger-strike, the three siblings were released under conditional release (licencia extrapenal). This form of conditional release means that charges are not dropped but that those convicted are allowed to spend the remainder of their sentences outside prison. Their mother has remained under house arrest.

On 8 June, the three siblings began another hunger strike to protest their harassment and intimidation and to seek the quashing of the sentences against all four members of their family. 

According to Maydolis Portelles, since their conditional release, the family has been subjected to harassment and intimidation from various state entities. The municipal court of Holguín summoned the siblings several times and threatened to revoke the release if they did not begin to work. Members of the family were also subjected to at least two “acts of repudiation” (acto de repudio), a government-led demonstration that is common in Cuba. Additionally, several doctors at Hospital Lenin denied the siblings medical treatment unless they gave up their hunger strike, according to Maydolis Porteyes. The three siblings are currently at home, where they have been since leaving the hospital on 20 June.

  

Please write immediately in Spanish or your own language:

• Calling on the authorities to quash all four sentences against Anairis Miranda Leyva, Adairis Miranda Leyva, Fidel Manuel Batista Leyva, and Maydolis Leyva Portelles who were imprisoned solely for peacefully exercising their right to freedom of expression;
• Calling on them to refrain from using measures to punish hunger strikers or to coerce them to end a hunger strike, which would be a violation of their right to freedom of expression.
• Urging them to provide the siblings with access to qualified health professionals providing health care in compliance with medical ethics, including the principles of confidentiality, autonomy, and informed consent.

PLEASE SEND APPEALS BEFORE 11 AUGUST 2017 TO:

President of the Republic. 
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 / Su Excelencia
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/ Estimado Sr. Fiscal General

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. This is the third update of UA 76/17. Further information: www.amnesty.org/en/documents/amr25/6012/2017/en/

Additional Information

Twin sisters Anairis and Adairis Miranda Leyva, their brother, Fidel Manuel Batista Leyva, and their mother, Maydolis Leyva Portelles, all human rights defenders, were arrested on 27 November 2016, two days after the death of Fidel Castro for allegedly leaving their house during the period of state mourning. 

The initial arrests took place in Holguín and coincided with an “act of repudiation” (acto de repudio), a government-led demonstration that is common in Cuba, carried out at the family’s home. The family are government critics, known for their activism and associated with a number of political and human rights movements including Movimiento Cubano de Reflexión (Cuban Reflection Movement). 

According to Maydolis Leyva Portelles, there were many non-uniformed state security officials, including political police and military officials, present during the arrest.

Maydolis Leyva Portelles and her children were charged under Article 204 of the Penal Code, which criminalizes defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba, and with public disorder. On 13 January, a court of second instance upheld a one-year prison sentence for all three siblings, but allowed their mother to carry out her sentence under house arrest in order to care for her grandchildren, Adairis’ children. 

According to its webpage, El Movimiento Cubano de Reflexión is a non-violent organization which aims to mobilize Cuban citizens to bring about social change.

Provisions of the Cuban Criminal Code, such as contempt of a public official (desacato), resistance to public officials carrying out their duties (resistencia) and public disorder (desórdenes públicos) are frequently used to stifle free speech, assembly and association in Cuba.

Article 204 of the Cuba Penal Code criminalizes “defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba” (Difamación de las instituciones y organizaciones y de los héroes y mártires). Under the law, anyone who publically defames, denigrates or disparages institutions of the Cuban Republic, or political organizations, or heroes or martyrs of the homeland, risks sanctions of deprivation of liberty of three months to a year or a fine. 

 Under international law, the use of defamation laws with the purpose or effect of inhibiting legitimate criticism of the government or public officials violates the right to freedom of expression. 

Political dissidents are frequently set free under licencia extrapenal in Cuba, a form of conditional release meaning that charges are not dropped but that those convicted are allowed to spend the remainder of their sentences outside prison. For example, some political dissidents arrested during the 2003 “crackdown” were released under this condition. Under this condition, the authorities could arrest the siblings again and return them to prison to complete their sentence. 

Name: Anairis and Adairis Miranda Leyva (f), Fidel Manuel Batista Leyva (m), Maydolis Leyva Portelles (f)

Gender m/f: both 

Further information on UA: 76/17 Index: AMR 25/6650/2017 Issue Date: 30 June 2017

Good news and bad news from Cuba: Siblings released from jail but mom remains under house arrest

 Twin sisters and brother released on conditional release but mom remains under house arrest.  The three siblings are hospitalized following a hunger strike that began on March 7, 2017. They had been jailed since November 27, 2016 for not having mourned the death of Fidel Castro two days earlier. Let us not forget Dr. Eduardo Cardet, husband, father of two and medical physician sentenced to three years for giving a critical assessment of Fidel Castro. He has also been recognized as a prisoner of conscience by Amnesty International.
  

Anairis,Adairis Miranda Leyva, Maydolis Leyva Portelles, Fidel Manuel Batista Leyva

 Further information on UA: 76/17 Index: AMR 25/6012/2017 Cuba Date: 3 April 2017   

URGENT ACTION PRISONER OF CONSCIENCE SIBLINGS RELEASED 

A family of four human rights defenders were arrested in Holguín, south-east Cuba, following the death of Fidel Castro. The three siblings, who began a hunger strike on 7 March, have been set free under conditional release. Their mother, Maydolis Leyva Portelles, currently under house arrest, remains a prisoner of conscience and must be released immediately and unconditionally.
Cuban authorities set free twin sisters Anairis and Adairis Miranda Leyva, and their brother, Fidel Manuel Batista Leyva, under conditional release (licencia extrapenal) on 2 April after a prolonged hunger strike, according to their mother Maydolis Leyva Portelles. Authorities permitted Maydolis Leyva Portelles, who has been carrying out her sentence under house arrest, to visit all three of her children in hospital that same day.

The three siblings and their mother, all human rights defenders, were arrested on 27 November 2016, two days after the death of Fidel Castro. The siblings began a hunger strike on 7 March 2017, the day they began serving their sentences for “defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba” and “public disorder” for allegedly leaving their house during the period of state mourning. 

Political dissidents are frequently set free under licencia extrapenal in Cuba, a form of conditional release meaning that charges are not dropped but that those convicted are allowed to spend the remainder of their sentences outside prison. For example, some political dissidents arrested during the 2003 “crackdown” were released under this condition. Under this condition, the authorities could arrest the siblings again and return them to prison to complete their sentence.  

To date, Maydolis Leyva Portelles has not received notice of her release from house arrest. She remains a prisoner of conscience and must be released immediately and unconditionally.

Please write immediately in Spanish or your own language:

• Calling on the authorities to release Maydolis Leyva Portelles from house arrest immediately and unconditionally, as she is a prisoner of conscience, imprisoned solely for peacefully exercising her right to freedom of expression; 
• Calling on them to guarantee the peaceful right to freedom of expression, assembly and association including for dissident, opponent or activist voices and to repeal all legislation which unduly limits these rights.

PLEASE SEND APPEALS BEFORE 15 MAY 2017

TO: President of the Republic 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/ Señor Fiscal General

 Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date. This is the first update of UA 76/17. Further information: www.amnesty.org/en/documents/amr25/6001/2017/en/

ADDITIONAL INFORMATION
The arrests of Anairis and Adairis Miranda Leyva, Fidel Manuel Batista Leyva and Maydolis Leyva Portelles took place in Holguín on 27 November 2016 and coincided with an “act of repudiation” (acto de repudio), a government-led demonstration that is common in Cuba, carried out at the family’s home. According to Maydolis Leyva Portelles, there were many nonuniformed state security officials, including political police and military officials, present during the arrest. The family are government critics, known for their activism and associated with a number of political and human rights movements including the Cuban Reflection Movement (Movimiento Cubano de Reflexión). According to its webpage, El Movimiento Cubano de Reflexión is a non-violent organization which aims to mobilize Cuban citizens to bring about social change.

Maydolis Leyva Portelles and her children were charged under Article 204 of the Penal Code, which criminalizes “defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba” (difamación de las instituciones y organizaciones y de los héroes y mártires). Under the law, anyone who publically defames, denigrates or disparages institutions of the Cuban Republic, or political organizations, or heroes or martyrs of the homeland, risks sanctions of deprivation of liberty of three months to a year or a fine. On 13 January 2017, a court of second instance upheld a one-year prison sentence for all three siblings, but allowed their mother to carry out her sentence under house arrest in order to care for her grandchildren, Adairis’ children. Amnesty International considered all three siblings and their mother to be prisoners of conscience, imprisoned solely for peacefully exercising their right to freedom of expression. According to their mother, the three siblings began a hunger strike on 7 March, the day they began serving their sentences and were imprisoned. 

Under international law, the use of defamation laws with the purpose or effect of inhibiting legitimate criticism of the government or public officials violates the right to freedom of expression.


Name: Anairis Miranda Leyva (f), Adairis Miranda Leyva (f), Fidel Manuel Batista Leyva (m), Maydolis Leyva Portelles (f)  Gender m/f: all

Further information on UA: 76/17 Index: AMR 25/6012/2017 Issue Date: 3 April 2017 

https://www.amnesty.org/en/documents/amr25/6012/2017/en/

Family jailed for not mourning Castro's death declared prisoners of conscience by Amnesty

Twin sisters, their mom and their brother jailed for leaving their home during the period of mourning for Fidel Castro have been recognized as prisoners of conscience by Amnesty International

Anairis,Adairis Miranda Leyva, Maydolis Leyva Portelles, Fidel Manuel Batista Leyva

UA: 76/17 Index: AMR 25/6001/2017 Cuba Date: 31 March 2017

URGENT ACTION 
PRISONERS OF CONSCIENCE ON HUNGER STRIKE

Two days after Fidel Castro’s death, a family of four human rights defenders were arrested in Holguín, south-east Cuba. They received a one-year sentence, and the three siblings are currently on hunger strike. They are prisoners of conscience and must be released immediately and unconditionally.

Twin sisters Anairis and Adairis Miranda Leyva, their brother, Fidel Manuel Batista Leyva, and their mother, Maydolis Leyva Portelles, all human rights defenders, were arrested on 27 November 2016, two days after the death of Fidel Castro for allegedly leaving their house during the period of state mourning. The initial arrests took place in Holguín and coincided with an “act of repudiation” (acto de repudio), a government-led demonstration that is common in Cuba, carried out at the family’s home. The family are government critics, known for their activism and associated with a number of political and human rights movements including Movimiento Cubano de Reflexión (Cuban Reflection Movement). According to Maydolis Leyva Portelles, currently under house arrest, there were many non-uniformed state security officials, including political police and military officials, present during the arrest.

Maydolis Leyva Portelles and her children were charged under Article 204 of the Penal Code, which criminalizes defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba, and with public disorder. On 13 January, a court of second instance upheld a one-year prison sentence for all three siblings, but allowed their mother to carry out her sentence under house arrest in order to care for her grandchildren, Adairis’ children.

According to their mother, the three siblings began a hunger strike on 7 March, the day they began serving their sentences and were imprisoned. The siblings are currently being held in three separate hospitals in critical condition. Doctors informed their mother that Adairis is at risk of a heart attack and that Fidel is urinating blood; and that all have lost significant weight. On her last hospital visit, Maydolis Leyva Portelles says that she was asked to sign a document which would authorize doctors to force feed her three children, which she refused to do. She told Amnesty International, “I don’t want any of my children to die, but I want to respect their wishes.” All three siblings and their mother are prisoners of conscience and must be released immediately and unconditionally.

Please write immediately in Spanish or your own language:

• Calling on the authorities to release Anairis Miranda Leyva, Adairis Miranda Leyva, and Fidel Manuel Batista Leyva immediately and unconditionally from imprisonment and Maydolis Leyva Portelles from house arrest, as they are prisoners of conscience, imprisoned solely for peacefully exercising their right to freedom of expression;
• Calling on them to refrain from using measures to punish hunger strikers or to coerce them to end a hunger strike, which would be a violation of their right to freedom of expression.
• Urging them to provide the siblings with access to qualified health professionals providing health care in compliance with medical ethics, including the principles of confidentiality, autonomy, and informed consent.

PLEASE SEND APPEALS BEFORE 12 MAY 2017 TO:

President of the Republic
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/ Señor Fiscal General

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. 

 

ADDITIONAL INFORMATION 

According to its webpage, El Movimiento Cubano de Reflexión is a non-violent organization which aims to mobilize Cuban citizens to bring about social change.

The Cuban Commission for Human Rights and National Reconciliation, a Cuban-based human rights NGO not recognized by the state, documented a monthly average of 827 politically motivated detentions in 2016.

Provisions of the Cuban Criminal Code, such as contempt of a public official (desacato), resistance to public officials carrying out their duties (resistencia) and public disorder (desórdenes públicos) are frequently used to stifle free speech, assembly and association in Cuba.

Article 204 of the Cuba Penal Code criminalizes “defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba.” (Difamación de las instituciones y organizaciones y de los héroes y mártires). Under the law, anyone who publically defames, denigrates or disparages institutions of the Cuban Republic, or political organizations, or heroes or martyrs of the homeland, risks sanctions of deprivation of liberty of three months to a year or a fine.

Under international law, the use of defamation laws with the purpose or effect of inhibiting legitimate criticism of the government or public officials violates the right to freedom of expression.

Name: Anairis and Adairis Miranda Leyva (f), Fidel Manuel Batista Leyva (m), Maydolis Leyva Portelles (f)
Gender m/f: all
UA: 76/17 Index: AMR 25/6001/2017 Issue Date: 31 March 2017

https://www.amnesty.org/en/documents/amr25/6001/2017/en/?platform=hootsuite