UN Watch Briefing
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| Prisoner of conscience Eduardo Cardet |
The United Nations Working Group on Arbitrary Detention, a quasi-judicial panel of five experts, upheld in full a petition filed by United Nations Watch, a leading voice for
Cuban dissidents, and determined that Cuba is “arbitrarily
detaining” dissident Dr. Eduardo Cardet, who has been imprisoned by the
regime since November 30, 2016, for criticizing Fidel Castro.
In its Opinion no. 66/2018 (unofficial English translation here),
the Working Group found that Cuba arrested Dr. Cardet without a legal
basis. The UN panel called on Cuba to immediately release Dr. Cardet
and grant him reparations.
The Working
Group found that “the deprivation of liberty of Mr. Eduardo Cardet
Concepción is arbitrary,” noting specifically that it contravened the
following Universal Declaration of Human Rights guarantees: the right to
be free from arbitrary arrest, the right to a fair trial, the right to
presumption of innocence, freedom of conscience, freedom of expression,
and freedom of association.
An independent
and impartial UN body, the Working Group consists of experts from
Australia, Benin, Mexico, South Korea and Latvia. Cuba argued that the
arrest, imprisonment and trial of Dr. Cardet should be considered
legal under domestic and
international law. In reaching its decision, the Working Group upheld
the legal arguments made by United Nations Watch and rejected all of
Cuba’s arguments seeking to justify its imprisonment of Dr. Cardet.
“This is an important decision by the Working Group,” said United Nations Watch Executive Director Hillel Neuer.
“The
Cuban government holds onto power by suppressing democracy. It
routinely punishes political dissent through an array of human rights
abuses including arbitrary arrests, beatings and other cruel and inhuman
treatment, and harassment of activists and their families.
Following its thorough review of UN Watch's submission
on the facts, evidence and law, the Working Group has found that Cuba’s
treatment of Dr. Cardet, a pro-democracy activist, violated his rights
under international law. We now call on Cuba to honor the UN body’s
decision, and to immediately release Dr. Cardet.”
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MORE INFORMATION
Highlights of the Working Group’s decision are as follows.
Concerning the legal basis for Dr. Cardet’s arrest, the Working Group concluded (at Paras 47-49):
In
the present case, state security officials, without identifying
themselves, arrested Mr. Cardet Concepción in a violent manner, without
explanation. They did not show an arrest warrant, nor did they inform
him of the existence of criminal charges against him. In addition, Mr.
Cardet Concepción was not brought promptly before a judge. There was no
independent judicial control of the detention. On the contrary, he was
taken to a local police station, where he was beaten again and held
incommunicado for nine days. He did not have access to a lawyer. He was
denied visits and phone calls, his family was
unaware of his whereabouts... In view of these considerations, in the
absence of a warrant of arrest and subsequent incommunicado detention,
lack of judicial control, legal, medical and family contact, the Working
Group must conclude that there was no legal basis for the arrest, so
that the detention is considered arbitrary under category I, being
contrary to Articles 9 and 10 of the Universal Declaration of Human
Rights.
Concerning the violation of Dr.
Cardet’s rights to freedom of expression and freedom of assembly, the
Working Group concluded (at Paras 52-54):
In
the present case, two days after Mr. Cardet Concepción made public
statements against the former President of
the Republic, in the peaceful exercise of his human rights, he was
arrested on the street by officers of the State Security forces.
Likewise, this detention was preceded by threats and harassment by
official agents to the family of Mr. Cardet Concepción, who were told
the authorities would arrest him for being counterrevolutionary. In
addition, agents of the State Security forces have repeatedly threatened
and harassed Mr. Cardet during his detention, both before and after his
conviction, telling him that if he gives up his beliefs and opinions he
will be released… In view of the foregoing, the Working Group considers
that the Cuban authorities deprived Mr. Cardet Concepción of his
freedom to exercise his rights to freedom of thought,
conscience, opinion, expression, association and participation,
recognized in Articles 18, 19, 20 and 21 of the Universal Declaration of
Human Rights, which makes it arbitrary according to category II.
Concerning the violation of Dr. Cardet’s due process rights, the Working Group concluded (at Paras 57-60):
In
the opinion of the Working Group, the lack of communication during the
first days of the arrest and the beginning of the trial, the lack of
access to a lawyer, the ill-treatment and the inhuman conditions of
detention, indicate that Mr. Cardet Concepción did not receive a fair
trial with the guarantees of due process. The source also established
that in Cuba the courts
are subordinated to the executive and legislative branches, which are
controlled by the Communist Party. The Working Group is aware that
treaty bodies, of which Cuba is a party, have expressed concern about
the lack of independence of the judiciary… The Working Group was
convinced that the Cuban authorities seriously failed to observe
international norms regarding the right to a fair, independent and
impartial trial, which contravenes the provisions of Articles 9, 10 and
11 of the Universal Declaration of Rights Human, and makes the detention
arbitrary according to Category III of the Methods of Work.
For more information about the case, see here.
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