World Press Freedom Day 2020: A Call for Journalism Without Fear or Favour in Cuba

"Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." - Universal Declaration of Human Rights, December 10, 1948

May 3rd, since December 1993 has been recognized by the international community as World Press Freedom Day.  It is observed on the anniversary of the Declaration of Windhoek, a statement of press freedom principles drafted by African Journalists and passed on May 3, 1992 at a UNESCO seminar on "Promoting an Independent and Pluralistic African Press," held in Windhoek, Namibia.

Today, this blog will focus on press freedoms in Cuba, or better put their systematic absence.

Reporters Without Borders (RSF) released the 2020 edition of their World Press Freedom Index. revealing that Cuba dropped from 169th in press freedom in 2019 to 171st in 2020 edging out Saudi Arabia to become part of the 10 worst ranked countries in the index.

The Paris based press freedom organization disclosed in their 2020 summary how coverage of Cuba in the international press is slanted and often repeating official news that echoes the dictatorship because those who are critical are expelled from the country creating a chilling effect on those who remain behind.

CUBA
Constant ordeal for independent media

A self-styled socialist republic and one-party state, Cuba has continued year after year to be Latin America’s worst media freedom violator. Miguel Díaz-Canel’s election as president in April 2018, after 59 years of repression under the Castro family, has made no difference. The regime maintains an almost total media monopoly and the constitution prohibits privately-owned media. The few Cuban bloggers and independent journalists are threatened by the government and watched by security agents, who often take them in for questioning and delete information in their devices. Journalists regarded as especially troublesome are often arrested and jailed. The authorities also control the coverage of foreign reporters by granting accreditation selectively and expelling those regarded as too “negative” about the government. The gradual improvement in Internet access nonetheless constitutes grounds for hope about the future of press freedom in Cuba.

171 in the 2020 World Press Freedom Index

https://rsf.org/en/cuba

Cuban journalists continue to be targeted and silence in the time of COVID-19 when independent journalism is more important than ever. Yoel Bravo Lopez, a citizen journalist from Villa Clara who in mid-April reported over social media an increase in COVID-19 cases at a retirement home in Santa Clara, was arrested on Monday, April 20, 2020 by State Security, interrogated for several hours, fined 3,000 pesos ($120) and threatened with “going to prison just like Jose Daniel Ferrer” if he continued disseminating information the government considers “contrary to the public interest.” This is not an isolated case. Mónica Baróon detained on Friday, April 17, 2020 was also interrogated, fined 3,000 pesos ($120) under the Decree Law 370 rule that regulates the use of the internet in Cuba, and also threatened with prison. Mónica Baró Sánchez was awarded the Gabo Prize 2019 for her article ’The blood was never yellow.’ Other journalists targeted in recent weeks are Yoe Suárez and Waldo Fernández Cuenca, of DIARIO DE CUBA; and Camila Acosta and Julio Antonio Aleaga, of Cubanet. 

Little wonder that Cuba in 2020 is among the 10 worse countries for press freedom in the world according to Reporters Without Borders.

However, it is also important to point out that this has been a terrible reality for the past 61 years with the arrival of the Castro dictatorship to power. Prisoners of conscience have been an every existent reality through all that time that continues into the present.

Roberto de Jesús Quiñones Haces

Since this is World Press Freedom Day we are focusing on the case of imprisoned Cuban journalist
Roberto de Jesús Quiñones Haces, who is in poor health and has been in prison since September 11, 2019. His son, Roberto José Quiñones Castro, who resides in the United States, has been campaigning for his dad's release, picketing the Cuban Embassy in Washington DC.

Roberto de Jesús Quiñones Haces was unjustly imprisoned for five years for being an independent attorney in Cuba in 1998. No longer able to practice as a lawyer upon his release, he became an independent journalist.

Roberto Quiñones was physically assaulted on April 22, 2019.

On April 22, 2019 Roberto de Jesús Quiñones was beaten up for covering the trial of a religious couple sentenced to prison for homeschooling their kids. The Committee to Protect Journalists reported on April 24th what had happened:

On April 22, at around 2:00 p.m., Cuban police agents detained Quiñones, a contributor to the news website CubaNet, as he was standing outside of the Guantánamo Municipal Tribunal, according to CubaNet and the Association for Press Freedom (APLP), a Cuban press freedom organization. At the time of his detention, Quiñones was covering the trial of two Cuban evangelical pastors facing charges for homeschooling their children, CubaNet reported. While being transported in the police car, agents beat Quiñones, injuring his mouth, tongue, and right thumb and causing an inflammation in his right ear, his wife told APLP.

According to the Committee to Protect Journalists in the same report "Cuba is one of the most hostile environments for the press in the world, and ranks among CPJ's 10 Most Censored Countries."

Picket on August 13, 2019 outside the Cuban embassy in Washington DC.

 On April 27, 2020 Cubanet released a new video in Spanish by Roberto José Quiñones Castro warns that his dad's health is deteriorating and again calls for the release of his father, Roberto de Jesús Quiñones.


Below is a letter by three prominent international human rights organizations calling for the release of Roberto de Jesús Quiñones released today on World Press Freedom Day.

May 2, 2020

To: President Miguel Díaz-Canel Bermúdez
President of the Republic of Cuba
Office of the President
Hidalgo Esq. 6
Plaza de La Revolución,
CP 10400

Sent via email: despacho@presidencia.gob.cu

Dear President Díaz-Canel,

The Committee to Protect Journalists (CPJ), Amnesty International, and Article 19 Mexico and Central America Office are writing to call for the immediate release of jailed journalist Roberto de Jesús Quiñones Haces amid the sweeping COVID-19 pandemic.

According to the Committee to Protect Journalists’ most recent annual survey conducted on December 1, 2019, there were at least 250 journalists behind bars around the world, including in Honduras, Venezuela, and Cuba. On March 30, CPJ published an open letter to world leaders urging the release of all journalists imprisoned for their work. The situation of Cuban journalist Roberto Quiñones appears particularly dire, so we are reiterating that call to you on his behalf at this time of grave public health concern.

Roberto Quiñones, a lawyer and contributor to the news website CubaNet, has been imprisoned in the Guantánamo Provincial Prison since September 11, 2019, where he is serving a year-long correctional labor sentence. A Guantánamo court sentenced Quiñones in August 2019 after he refused to pay a fine for charges of “resistance” and “disobedience” stemming from his April 22, 2019, arrest while reporting on a trial.

In September 2019, Amnesty International named Quiñones a prisoner of conscience, imprisoned solely for peacefully exercising his freedom of expression, and called for his immediate and unconditional release. In November 2019, representatives of the United Nations Working Group on Arbitrary Detention, as well as the Special Rapporteurs for Freedom of Expression from the UN and IACHR, informed your government that the Working Group was investigating Quiñones’ case as a potential case of arbitrary detention and violation of due process.

Both the Universal Declaration of Human Rights and the American Convention on Human Rights guarantee the right to “seek,receive and impart information” freely, and include specific protections for journalists. Article 19 of the International Covenant on Civil and Political Rights, which Cuba signed in 2008, provides for the right to hold opinions “without interference” and the right to freely “seek, receive and impart information and ideas of all kinds,” including on issues of public interest.

We remind you that Cuba must guarantee these rights, which are particularly relevant to the current global context.

Cuba also has a duty to protect its population amid the COVID-19 pandemic without discrimination, including those deprived of their liberty. According to the World Health Organization, “People deprived of their liberty, and those living or working in enclosed environments in their close proximity, are likely to be more vulnerable to the COVID-19 disease than the general population.”

Imprisoned journalists have no control over their surroundings, cannot choose to isolate, and are often denied necessary medical care. In addition, some individuals appear to be at particular risk of severe illness or death linked to COVID-19, including older individuals and people with pre-existing medical conditions, according to the WHO.

Roberto Quiñones is no exception. In letters published by CubaNet on October 1 and March 5, Quiñones has described his conditions at the Guantánamo Provincial Prison, which include overcrowding, poor food and water quality, and lack of adequate medical attention. Quiñones was reportedly subject to retaliation for publishing this information in the form of “disciplinary measures,” including denying access to phone calls and barring him from outdoor spaces in the prison.

Quiñones has served more than half of his year-long sentence, during which time he has suffered from escalating health problems, including psoriasis that, according to CubaNet, has worsened in detention, and significant weight loss due to gastrointestinal complications, according to his wife. With detainees at increased risk from the COVID-19 pandemic, the Cuban government must release Roberto Quiñones.

Mr. President, no journalist should have to choose between silence or prison. On this World Press Freedom Day, we urge you to release Roberto Quiñones, protect the free flow of information, and guarantee that all journalists in Cuba are able to perform their fundamental role in society, free of any reprisals.

Sincerely,

Committee to Protect Journalists
(CPJ)Amnesty International
ARTICLE 19 Mexico & Central America Office

Source: https://www.amnesty.org/download/Documents/AMR2522562020ENGLISH.pdf

Amnesty International identified five new prisoners of conscience in Cuba, but there are more.

The current human rights situation.

Amnesty International on August 26, 2019 identified five new prisoners of conscience in Cuba, and states that they likely represent “a tiny fraction of those behind bars for peacefully expressing their views.”

The human rights organization goes on to explain that this is due to Cuban authorities continuing to deny independent human rights monitors access to Cuba and its prisons. Last time the Castro regime allowed such a visit was 1989.

In addition to the lack of access Amnesty International also highlights a “profound climate of fear” due to "the state’s machinery of control.” More media attention, especially by foreign correspondents based in Cuba would discourage these outrageous abuses.

Yoani Sánchez over twitter on August 27, 2019 placed the crime of "pre-criminal dangerousness" into context:

" Did you know that in Cuba you can be jailed for a crime that seems to be taken from the film ‘Minority Report’? It's called 'pre-criminal dangerousness' an they lock you up for what you could do, for the suspicion of an action in the future. Many times, that's how political reprisals are hidden."

Amnesty International should add independent journalist Roberto de Jesus Quiñones to the list of prisoners of conscience. He faces one year in prison for his journalism.

Roberto de Jesus Quiñones

Amnesty should also add Xiomara de las Mercedes Cruz Miranda, a jailed Cuban dissident to the list of prisoners of conscience. Xiomera is a member of the Ladies in White, a mother, and a prisoner of conscience. She was arrested on April 16, 2016 for speaking out during a human rights demonstration in Havana's Central park. She was placed on parole in January of 2018. She was re-arrested in mid-September 2018 under the charge of being "threatening." On September 19, 2018 she was tried and sentenced to one year and four months in prison.  

Amnesty International, August 26, 2019

Cuba: Amnesty International names five new prisoners of conscience

Just over a year since President Miguel Díaz-Canel took office, the existence of prisoners of conscience in Cuba remains a sharp indicator of how authorities there continue to restrict the fundamental rights to freedom of expression and peaceful assembly, Amnesty International said today.

“For decades, Cuba has stifled freedom of expression and assembly by locking up people for their beliefs and opposition to the government. Over the years, the names of Cuba’s prisoners of conscience have changed, but the state’s tactics have stayed almost exactly the same,” said Erika Guevara-Rosas, Americas director at Amnesty International.

For decades, Cuba has stifled freedom of expression and assembly by locking up people for their beliefs and opposition to the government. Over the years, the names of Cuba’s prisoners of conscience have changed, but the state’s tactics have stayed almost exactly the same. - Erika Guevara-Rosas, Americas director at Amnesty International

“Sadly, we know that the five prisoners of conscience we have named today likely represent a tiny fraction of those behind bars for peacefully expressing their views. As the Cuban authorities continue to deny independent human rights monitors access to the country and its prisons, and because the state’s machinery of control maintains a profound climate of fear, there are serious barriers for Amnesty International to document such cases.”

The list of prisoners of conscience includes members of political and pro-democracy groups not recognized by the state – all of whom have been imprisoned for crimes that are either inconsistent with international law or that have been used for decades in Cuba to silence critical voices. As the executive continues to tightly control lawyers and the judiciary, there are few ways to challenge such decisions.

“The government of Díaz-Canel should focus on finding real solutions to Cuba’s problems, which include increasing scarcity of food and medicine, according to news reports. Instead, it continues to lock people up for their views”, said Erika Guevara-Rosas.

The government of Díaz-Canel should focus on finding real solutions to Cuba’s problems, which include increasing scarcity of food and medicine, according to news reports. Instead, it continues to lock people up for their views. - Erika Guevara-Rosas, Americas director at Amnesty International

 https://www.amnesty.org/en/latest/news/2019/08/cuba-cinco-nuevos-presos-de-conciencia/

Amnesty International, August 26, 2019

CUBA: A SNAPSHOT OF PRISONERS OF CONSCIENCE UNDER THE GOVERNMENT OF PRESIDENT MIGUEL DÍAZ-CANEL

INTRODUCTION

In a rare press conference with former US President Obama in 2016, President Raúl Castro flatly denied that there were any “political prisoners” in Cuba. However, in the past four years, Amnesty International has named 12 prisoners of conscience in the country, and there are likely many more.

Amnesty International calls for the immediate and unconditional release of all prisoners of conscience, as they have been deprived of their liberty solely for peacefully exercising their human rights.
Just over a year after new President Miguel Díaz-Canel assumed office, NGO Cuban Prisoners Defenders claims that at least 71people are imprisoned on politically motivated charges. Having considered just a handful those cases, in which we were able to review official court sentences and other available documentation, Amnesty International believes that the below mentioned individuals are prisoners of conscience –people imprisoned solely because of the peaceful exercise of their human rights.
Without access to Cuba, and because lawyers and the judiciary remain firmly under the authorities’ control, there are serious barriers for Amnesty International to document cases of those imprisoned solely for politically motivated reasons, and as such there are highly likely to be many more cases of prisoners of conscience than our organization has been able to document.
According to information available to Amnesty International, all the individuals are members of political opposition groups, not recognized by the authorities. All of them have been imprisoned for offences that are not internationally recognizable, which have been used for decades in Cuba to silence critical voices. Amnesty International calls for the reform of Cuba’s criminal laws to remove provisions that are inconsistent with international law, such as “dangerousness” and “contempt.”

BACKGROUND: CRIMINAL LAWS USED TO SILENCE IN CUBA 

RESISTANCE AND PUBLIC DISORDER
Provisions of the criminal code such as “resistance” to public officials carrying out their duties, and “public disorder” have been used for decades to stifle the rights to freedom of expression, peaceful assembly and association in Cuba.CONTEMPT“Contempt”, defined in article 144.1 of Cuba’s Criminal Code, is an undue restriction on the right to freedom of expression, as public officials should tolerate more criticism than private individuals. The use of defamation laws with the purpose or effect of inhibiting criticism of government or public officials violates the right to freedom of expression.
DANGEROUSNESS

The provision of “dangerousness” is contained in Articles 78-84 of the Penal Code. These provisions are imprecise and subjective, which allow the authorities to apply them arbitrarily. The UN Working Group on Arbitrary Detentions has stated that detentions in Cuba are arbitrary when “persons are deprived of their liberty for a long period on the basis of their alleged dangerousness, with no reference to specific acts defined with the rigour that has been required by international criminal law since at least the eighteenth century, and which is now enshrined in article 11, paragraph 2, of the Universal Declaration of Human Rights”.
Amnesty International has further documented how the authorities use dismissals from state-employment, and harassment of self-employed workers in emerging private sector, as tactics of control over the right to freedom of expression, leaving many critical of the state’s economic or political model jobless.In multiple sentences issued for “dangerousness” reviewed by Amnesty International, the court refers to the fact that the accused does not work, as part of its reasoning for issuing the sentence of “dangerousness”. As those overtly critical of the government are frequently subject to such dismissals, this, in turn, facilitates the authorities’ ability to imprison dissenting voices for “dangerousness”.

PRISONERS OF CONSCIENCE

1. Josiel Guía Piloto (male) is president of the Republican Party of Cuba and serving a five year-sentence for “public disorder” and “contempt.”Josiel was detained after having criticized former President Fidel Castro on 1 December 2016. According to his mother, who has also been involved in activism against the Cuban government, prison officialsbeat him in prison leaving him with complications to his left lung. On 11 June 2019, the Inter-American Commission on Human Rights granted precautionary measures to respect and protect his rights to health, life and physical integrity.

Josiel Guía Piloto

2.Silverio Portal Contreras (male), former activist with the Ladies in White, is serving a 4-year sentence for "contempt" and "public disorder." According to a court document, Silverio was arrested on the 20 June 2016 in Old Havana after shouting “Down Fidel Castro, down Raúl...” The document states that the behavior of the accused is particularly offensive because it took place in a touristic area. The document further describes the accused as having “bad social and moral behavior” and mentions that he fails to participate in pro-government activities. According to Silverio’s wife, before his arrest he had campaigned against the collapsing of dilapidated buildings in Havana.  

Silverio Portal Contreras

3. Mitzael Díaz Paseiro(male) is a member of the Frente Nacional de Resistencia Cívica Orlando Zapata Tamayo (FNRC-OZT) and who was imprisoned in 2017 for four years, for “dangerousness”.Mitzael Diaz Paseiro is a political activist who was campaigning against the government’s position in the constitutional reform process. According to his wife, prior to his imprisonment the police had detained him multiple times for his activism. According to court documents, which Amnesty International was able to review, Mitzael was imprisoned for “dangerousness”, for among other things, failing to hold a job, for meeting with “citizens of terrible moral and conduct”, for drinking alcohol frequently, and using vulgar language. Mitzael’s wife says he suffers a heart condition and says he has been beaten by officials in jail for his views.

Mitzael Díaz Paseiro

4. Eliecer Bandera Barrera(male), an activist of the Unión Patriótica de Cuba (UNPACU) since 2015, is serving a sentence for “dangerousness” until 2021. Eliecer was arrested in September 2016 after having filmed videos for UNPACU about the conditions of workers interned in camps, according to his wife. Eliecer was sentenced to four years imprisonment for “dangerousness” by the Municipal Court of Rio Cauto in 2016, and subsequently further sentenced to 10 months for escaping the camp where he was interned to make a phone call to a sick family member, before voluntarily returning. According to the sentence, during his imprisonment for “dangerousness”, Eliecer “did not participate in political and educational activities” ... “showing disrespect for the officers guarding him”. He also has a prior sentence for “resistance” issued in 2003. 

Eliecer Bandera Barrera

5. Edilberto Ronal Arzuaga Alcalá (male) is an UNPACU activist, reportedly imprisoned for not paying a fine.According to information received by Amnesty International, Edilberto has been imprisoned since December 2018, reportedly for not paying fines related to his alleged distribution of political posters. Edilberto was most recently involved in the “Cuba Decide” Campaign and campaigned against the government’s position in the recent constitutional reform process. According to Cuban Prisoners Defenders, Edilberto was detained on 24 December 2018, when filming testimonies of people discussing the constitutional reform process in a public market, in the city of Camagüey. After being taken to prison, he was sentenced to 14 months of prison for failing to pay fines previously accumulated.On 22 April 2019 the Inter-American Commission on Human Rights granted precautionary measures calling on Cuban authorities to respect and protect the rights to health, life and physical integrity of Edilberto.

Edilberto Ronal Arzuaga Alcalá

RECOMMENDATIONS
These five cases show that although the leadership in Cuba might have changed, illegitimate restrictions on freedom of expression and association are still the practice. Therefore, besides other key recommendations presented in our Human Rights Agenda for Cuba, we urge the Cuban government to:

1. Immediately and unconditionally release all prisoners of conscience, and quash their convictions, which are solely based on their peaceful exercise of their human rights to freedom of expression, association and peaceful assembly;

2.Pending their release, ensure that prisoners of conscience are protected from torture and other ill-treatment, and are allowed access to their family, a lawyer of their choice, and adequate medical care; and are treated in full accordance with the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules);

3.Guarantee the right to freedom of expression, assembly and association in Cuba, including for dissident, opponent or activist voices and repeal all legislation which unduly limits these rights.