The Mudcat Café TM
Thread #75099   Message #1800763
Posted By: GUEST,Fat Albert
03-Aug-06 - 03:29 PM
Thread Name: BS: Who's Next? Iran or Korea?
Subject: RE: BS: Who's Next? Iran or Korea?
I think you are the complacent one that is happy to support Castro.

Does the US have less rights that than other countrys?

So what are the groups that back those websites? and when were the articles written and the photos taken?

Where are the dissidents in Cuba? In Jail? A good jail I hope. Much better than the ones in the US. Regularly inspected by the Red Cross right?

http://web.amnesty.org/library/Index/ENGAMR250052004

CUBA One year too many: prisoners of conscience from the March 2003 crackdown

I. Introduction

In the space of a few days beginning on 18 March 2003, the Cuban authorities arrested scores of dissidents in targeted sweeps. Some were subsequently released, but 75 of them were subjected to hasty and manifestly unfair trials in early April and quickly sentenced to long prison terms of up to 28 years.(1) Most appealed their sentences, but the appeals were rejected.

The Cuban authorities attempted to justify the crackdown as a necessary response to United States aggression towards the island. Dissidents were convicted either under Article 91 of the Penal Code or Law 88. Article 91 provides for sentences of ten to 20 years or death(2) against anyone "who in the interest of a foreign state, commits an act with the objective of damaging the independence or territorial integrity of the Cuban state."(3)

Law 88, the Ley de Proteccion de la Independencia Nacional y la Economia de Cuba, Law for the Protection of National Independence and Economy of Cuba, provides stiff prison terms for those deemed guilty of supporting United States policy against Cuba.(4) The law includes, for example, penalties for passing information to the US government or its agents that could be used to bolster US Cuba policy; for owning, distributing or reproducing 'subversive materials' that could be used to promote US policy; for collaborating with media deemed to be assisting US policy; and distribution of funds or materials for the above activities. (5)

In the trials, dissidents were accused of engaging in activities which the authorities perceived as subversive and damaging to Cuba's internal order and/or beneficial to the embargo and related US measures against Cuba. Concretely, the prosecution accused them of activities such as publishing articles critical of economic, social or human rights issues in Cuba; being involved in unofficial groups considered by the authorities as counter-revolutionary; or having contacts with individuals viewed as hostile to Cuba's interests. After a detailed review of the available legal documents in the 75 cases, Amnesty International considered the 75 dissidents to be prisoners of conscience(6) and called for their immediate and unconditional release.

Amnesty International has also closely followed the situation of the 75 prisoners, who are incarcerated in prisons throughout Cuba.

II. Overview of the situation of the 75 prisoners of conscience arrested in March 2003

With regard to their location of detention, Amnesty International has denounced the practice of deliberately incarcerating the 75 individuals in prisons located at extreme distances from their homes and families. This makes access to families and legal assistance particularly difficult, and can be construed as an additional penalty imposed upon the prisoners and their families. This practice contravenes the United Nations Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment, Principle 20, which provides that:

      "If a detained or imprisoned person so requests, he shall if possible be kept in a place of detention or imprisonment reasonably near his usual place of residence".

For example, Normando Hernandez Gonzalez, who lives in Vertientes in the province of Camagaey, is serving his sentence in Pinar del Rio province, nearly 700 kilometers away, while Eduardo Diaz Fleitas from Pinar del Rio is being held in Kilo 8 prison in Camagaey.

In addition, the exchange of correspondence and telephone communications between many prisoners and their families has reportedly been restricted, and family visits limited, according to families as a form of harassment by prison officials. Restrictions on contact with family members, if intended as harassment or a form of additional punishment, would contradict the principles of the UN Standard Minimum Rules for the Treatment of Prisoners as laid out in paragraph 37:

      "Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits".(8)


In addition, in cases such as that of nine prisoners of conscience held in Kilo 8 prison in Camagaey province, prison authorities have reportedly made efforts to deter prisoners from carrying out activities such as studying the Bible, for example by threatening to suspend family visits. This would also contradict the principles of the UN Standard Minimum Rules for the Treatment of Prisoners, paragraphs 41.3 and 42:

      "Access to a qualified representative of any religion shall not be refused to any prisoner. On the other hand, if any prisoner should object to a visit of any religious representative, his attitude shall be fully respected ...So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious life by attending the services provided in the institution and having in his possession the books of religious observance and instruction of his denomination".(9)


With regard to treatment in detention of the 75 individuals detained in March 2003, Amnesty International has received scattered allegations of ill-treatment by prison guards or by other prisoners, reportedly with the complicity of prison guards. Such instances would contravene article 4 of the Universal Declaration of Human Rights, which states that:
      "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment".

In one such case, reports indicate that prisoner of conscience Victor Rolando Arroyo Carmona was taken from his cell by three prison guards on 31 December 2003 and dragged to the floor while reportedly being struck in the face and body. Guards also allegedly trapped his leg in a door to immobilise him during the beating.

Some prisoners have reportedly been held in solitary confinement for extended periods. Amnesty International believes that if solitary confinement is used, strict limits should be imposed on the practice, including regular and adequate medical supervision by a doctor of the prisoner's choice and the right to appeal prison authorities' decisions. Amnesty International believes that solitary confinement can have serious physical and psychological effects and in certain circumstances can constitute cruel, inhuman or degrading treatment or punishment.

For example, the Sigler Amaya brothers, Ariel and Guido, have reportedly been held in solitary confinement with inadequate light and water, in breach of international standards.

The Standard Minimum Rules for the Treatment of Prisoners, paragraph 33 that states that "chains or irons shall not be used as restraints". Amnesty International has received information indicating that at least one of the prisoners, Prospero Gainza Agiero, was chained during his transfer to the prison infirmary, in contravention of these rules.

With regard to health issues, Amnesty International is concerned at numerous reports of illnesses among the prisoners which have reportedly been aggravated by prison conditions, insufficient access to appropriate medical care and, at times, hunger strikes. The UN Body of Principles for the Protection of all Persons Under Any Form of Detention or Imprisonment states that:

      "A proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided whenever necessary".(11)

According to reports, at the time of his arrest Oscar Espinosa Chepe had already been diagnosed with chronic cirrhosis of the liver and liver failure and bleeding from the digestive tract, among other illnesses. Since his arrest, his health has reportedly deteriorated. According to family members, the deterioration has been due in part to the poor conditions in which he is being held, including lack of running water and lack of clean drinking water, as well as by inadequate medical attention. While in detention he has reportedly been hospitalised several times due to liver problems. In July 2003, his family presented a judicial request for his release on the grounds of ill health; they have reportedly received no response from the authorities.

In addition, in some cases, family members of prisoners have reportedly been harassed by the authorities, due to their own dissident activities or their efforts on behalf of imprisoned family members. Such harassment has reportedly taken the form of threats, summons, interrogations and curtailment of access to prisoners.

Orlando Fundora Alvarez's wife, for example, was reportedly threatened with arrest and with reprisals against her husband in prison, if she attended a reception given by the Polish Embassy in Havana in November 2003.