| CUBA
Cuba
is a totalitarian state controlled by
President Fidel Castro, who is Chief of
State, Head of Government, First
Secretary of the Communist Party, and
commander in chief of the armed forces.
President Castro exercises control over
all aspects of Cuban life through the
Communist Party and its affiliated mass
organizations, the government
bureaucracy, and the state security
apparatus. The Communist Party is the
only legal political entity, and
President Castro personally chooses the
membership of the Politburo, the select
group that heads the party. There are no
contested elections for the 601-member
National Assembly of People's Power
(ANPP), which meets twice a year for a
few days to rubber stamp decisions and
policies already decided by the
Government. The Party controls all
government positions, including judicial
offices. The judiciary is completely
subordinate to the Government and to the
Communist Party.
The
Ministry of Interior is the principal
organ of state security and totalitarian
control. Officers of the Revolutionary
Armed Forces (FAR), which are led by
President Castro's brother Raul, have
been assigned to the majority of key
positions in the Ministry of Interior in
recent years. In addition to the routine
law enforcement functions of regulating
migration and controlling the Border
Guard and the regular police forces, the
Interior Ministry's Department of State
Security investigates and actively
suppresses opposition and dissent. It
maintains a pervasive system of
vigilance through undercover agents,
informers, the rapid response brigades,
and the Committees for the Defense of
the Revolution (CDR's). While the
Government traditionally used the CDR's
to mobilize citizens against dissenters,
impose ideological conformity, and root
out "counterrevolutionary"
behavior, economic problems have reduced
the Government's ability to reward
participation in the CDR's and hence the
willingness of citizens to participate
in them, thereby lessening the CDR's
effectiveness. Other mass organizations
also inject government and Communist
Party control into citizens' daily
activities at home, work, and school.
Members of the security forces committed
serious human rights abuses.
The
Government continued to control all
significant means of production and
remained the predominant employer,
despite permitting some carefully
controlled foreign investment in joint
ventures with the Government. In most
cases, foreign employers are allowed to
contract workers only through state
agencies, which receive hard currency
payments for the workers' labor but in
turn pay the workers a small fraction of
this, usually 5 percent, in local
currency. In May 1998, the Government
retracted some of the changes that had
led to the rise of legal nongovernmental
business activity when it further
tightened restrictions on the
self-employed sector by reducing the
number of categories allowed and by
exacting relatively high taxes on
self-employed persons. In August the
Government's official press reported
that the number of self-employed persons
was 166,000, an increase from the fewer
than 150,000 reported in 1998, when the
number of self-employed persons was
estimated to have dropped by one-fourth
from 1997. According to official figures
published in December, the economy grew
6.2 percent during the year. Despite
this growth, overall economic output
remains below the levels prior to the
drop of at least 35 percent in gross
domestic product that occurred in the
early 1990's due to the inefficiencies
of the centrally controlled economic
system; the loss of billions of dollars
of annual Soviet bloc trade and Soviet
subsidies; the ongoing deterioration of
plants, equipment, and the
transportation system; and the continued
poor performance of the important sugar
sector. The 1998-99 sugar harvest was
marginally better than the 1997-98
harvest, considered to have been the
worst in more than 50 years. For the
ninth straight year, the Government
continued its austerity measures known
as the "special period in
peacetime." Agricultural markets,
legalized in 1994, provide consumers
wider access to meat and produce,
although at prices beyond the reach of
most citizens living on peso-only
incomes or pensions. Given these
conditions, the flow of hundreds of
millions of dollars in remittances from
the exile community significantly helps
those who receive dollars to survive.
Tourism remained a key source of revenue
for the Government. The system of
"tourist apartheid" continued,
with foreign visitors who pay in hard
currency receiving preference over
citizens for food, consumer products,
and medical services. Citizens remain
barred from tourist hotels, beaches, and
resorts.
The
Government's human rights record
remained poor. It continued
systematically to violate fundamental
civil and political rights of its
citizens. Citizens do not have the right
to change their government peacefully.
Unlike in 1998, there were no credible
reports of death due to excessive use of
force by the police. However, members of
the security forces and prison officials
continued to beat and otherwise abuse
detainees and prisoners. The Government
failed to prosecute or sanction
adequately members of the security
forces and prison guards who committed
abuses. Prison conditions remained
harsh. The authorities routinely
continued to harass, threaten,
arbitrarily arrest, detain, imprison,
and defame human rights advocates and
members of independent professional
associations, including journalists,
economists, doctors, and lawyers, often
with the goal of coercing them into
leaving the country. The Government used
internal and external exile against such
persons, and it offered political
prisoners the choice of exile or
continued imprisonment. The Government
denied political dissidents and human
rights advocates due process and
subjected them to unfair trials. The
Government infringed on citizens'
privacy rights. The Government denied
citizens the freedoms of speech, press,
assembly, and association. It limited
the distribution of foreign publications
and news to selected party faithful and
maintained strict censorship of news and
information to the public. The
Government restricts some religious
activities but permits others. Before
and after the January 1998 visit of Pope
John Paul II, the Government permitted
some public processions on feast days,
and reinstated Christmas as an official
holiday, but it has not responded to the
papal appeal that the Church be allowed
to play a greater role in Cuban society.
During the year, the Government allowed
about 15 new priests to enter the
country; however, the applications of
many priests and religious workers
remained pending, and some visas were
issued for periods of only 3 to 6
months. The Government kept tight
restrictions on freedom of movement,
including foreign travel. The Government
was sharply and publicly antagonistic to
all criticism of its human rights
practices and sought to discourage and
thwart foreign contacts with human
rights activists. The Government
publicly stated before the
Ibero-American Summit in November that
visiting delegations were free to meet
with any person in the country, and
about 20 dissidents met with 9 different
delegations, including 3 heads of state.
However, prior to the summit, the
Government temporarily detained a number
of human rights activists to prevent
them from preparing for meetings with
the visiting leaders and also detained
independent journalists to prevent them
from covering the event. Violence
against women is a problem, as is child
prostitution. Racial discrimination
often occurs. The Government severely
restricted worker rights, including the
right to form independent unions. The
Government employs forced labor,
including that by children.
RESPECT
FOR HUMAN RIGHTS
Section
1 Respect for the Integrity of the
Person, Including Freedom from:
a.
Political and Other Extrajudicial
Killing
There
were no reports of politically motivated
killings. Unlike in 1998, during the
year there were no credible reports of
deaths due to the excessive use of force
by the national police. Government
sanctions against perpetrators were
light or nonexistent in the cases of
deaths due to excessive use of force
during 1998. There were no reports of
proper investigations into the 1998
deaths of Wilfredo Martinez Perez, Yuset
Ochoterena and Reinery Marrera Toldedo.
In
October 1996, the Inter-American
Commission on Human Rights (IACHR)
issued its final report on the
Government's July 13, 1994 sinking of
the "13th of March" tugboat,
which killed 41 persons, including women
and children. The IACHR concluded that
the Government violated the American
Declaration on the Rights and Duties of
Man and found the Government legally
obligated to indemnify the survivors and
the relatives of the victims for the
damages caused. At year's end, the
Government still had not done so. The
Government detained a number of human
rights activists to prevent them from
participating in a Mass in memory of the
victims on the anniversary of the deaths
(see Sections 1.d. and 2.c.).
In
March the Government announced that a
Havana court sentenced Salvadoran
citizen Raul Ernesto Cruz Leon to death
for terrorism. The authorities arrested
Cruz Leon in September 1997 and charged
him with being the "material
author" of the killing of an
Italian tourist that month with a bomb,
one of a series of explosions in Havana.
In April the court sentenced a second
Salvadoran citizen, Otto Rene Rodriguez
Llerena, to death in the same case.
Neither man was executed by year's end.
The authorities also held two Guatemalan
citizens in custody in the case; they
awaited trial at year's end.
b.
Disappearance
There
were no reports of politically motivated
disappearances.
c.
Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment
The
Constitution prohibits abusive treatment
of detainees and prisoners; however,
there were instances in which members of
the security forces beat and otherwise
abused human rights advocates,
detainees, and prisoners. There have
been numerous reports of
disproportionate police harassment of
black youths (see Section 5).
On
January 26, police approached
16-year-old Yusel Vidal Mejias and his
friends, who were hanging on to a
gasoline truck while riding their
bicycles at about 11:00 p.m. The youths
dispersed upon seeing the police, but
police apprehended Vidal and severely
beat him. Since Vidal had no identity
documents, the police took him to the
local police station, where the police
told the registration official that he
was a "ninja" (a popular
expression referring to thieves who use
acrobatic maneuvers to mount a moving
truck and then proceed to throw bags of
rice or beans onto another moving
vehicle). Vidal's father, Jose Vidal
Crossa, told of his son's arrest by
friends and neighbors, reached the
police station after midnight, and after
nearly an hour's wait, secured his son's
release. The father took the boy to the
nearest hospital, where a doctor
diagnosed him as having suffered
"severe contusions of the right
elbow, of the right knee, and multiple
hematomas of the back." On January
27, the father met with the chief of
police, who admitted that the police
officer used excessive force and said
that the officer would no longer have
any duties related to street patrols.
Citing a radio statement by the Director
of Prisons of the Ministry of Interior
(MININT) in 1996 that no prisoner in
Cuba is mistreated, the father
officially requested that the military
prosecutor investigate the case and
prosecute the police officer. There was
no response from the Government as of
year's end.
On
August 14, police detained Dr. Oscar
Elias Biscet Gonzalez, president of the
Lawton Human Rights Foundation (FLDH),
and other activists as they were going
to a public park to demonstrate (see
Section 2.b.). At the police station, a
policeman punched Biscet in the face
while another crushed his burning
cigarette on Biscet's elbow when Biscet
said, "God loves you." It was
not known whether the Government ever
sanctioned the two policemen responsible
for the cigarette burn and for striking
Dr. Biscet in the face.
The
Government continued to subject those
who disagreed with it to "acts of
repudiation." At government
instigation, members of state-controlled
mass organizations, fellow workers, or
neighbors of intended victims are
obliged to stage public protests against
those who dissent with the Government's
policies, shouting obscenities and often
causing damage to the homes and property
of those targeted; physical attacks on
the victims sometimes occur. Police and
state security agents are often present
but take no action to prevent or end the
attacks. Those who refuse to participate
in these actions face disciplinary
action, including loss of employment.
During the year, there were no massive
acts of repudiation directed against the
homes of particular human rights
activists; however, there were
smaller-scale acts of repudiation, known
as "reuniones relampagos," or
"lightning fast meetings."
On
October 28, in a press conference at his
residence, Dr. Biscet announced plans
for a protest march. Participants in the
press conference were subjected to
verbal abuse from a crowd in which
observers noted the presence of security
police in civilian clothes (see Section
2.b.). On November 10, this publicly
announced nonviolent protest march from
Dolores Park to Butari Park in the
Lawton section of Havana was repressed
when a crowd booed, chased, and struck
three protesters. On November 12, Moises
Rodriguez Quesada allowed his house to
be used for a meeting of nongovernmental
organizations (NGO's) (see Section
2.b.). On November 22, a small crowd
threw stones for about 30 minutes at a
metal door on the side of Rodriguez's
house. Independent journalists also were
subjected to acts of repudiation (see
Section 2.a.).
Prison
conditions continued to be harsh, and
conditions in detention facilities also
are harsh. The Government claims that
prisoners have rights, such as family
visitation, adequate nutrition, pay for
work, the right to request parole, and
the right to petition the prison
director. However, police and prison
officials often denied these rights and
used beatings, neglect, isolation, and
denial of medical attention against
detainees and prisoners, including those
convicted of political crimes or those
who persisted in expressing their views.
Human Rights Watch reported that in
February the Government revised the
Penal Code to provide that prisoners
"cannot be subjected to corporal
punishment, nor is it permitted to
employ any means against them to
humiliate them or to lessen their
dignity;" however, the revised code
failed to establish penalties for
committing such acts. There are separate
prison facilities for women and for
minors.
Prison
officials regularly denied prisoners
other rights, such as the right to
correspondence, and continued to
confiscate medications and food brought
by family members for political
prisoners. State security officials in
Havana's Villa Marista prison took
medications brought by family members
for inmates and then refused to give the
detainees the medicine, despite repeated
assurances that they would. Prison
authorities also routinely denied
religious workers access to detainees
and prisoners.
The
rights to adequate nutrition and medical
attention while in prison also were
violated regularly. In 1997 the IACHR
described the nutritional and hygienic
situation in the prisons, together with
the deficiencies in medical care, as
"alarming." Both the IACHR and
the former U.N. Special Rapporteur on
Cuba, as well as other human rights
monitoring organizations, reported the
widespread incidence in prisons of
tuberculosis, scabies, hepatitis,
parasitic infections, and malnutrition.
Prison
guards and state security officials also
subjected human rights and prodemocracy
activists to threats of physical
violence; to systematic psychological
intimidation; and to detention or
imprisonment in cells with common and
violent criminals, sexually aggressive
inmates, or state security agents posing
as prisoners. In May in the Guamajal
prison in Villa Clara, a common prisoner
named Soria physically attacked
political prisoner Cecilio Monteagudo
Sanchez, at the instigation of prison
authorities. According to witnesses,
prison official Jose Luis Collado was
responsible for this attack.
Political
prisoners are required to comply with
the rules for common criminals and often
are punished severely if they refuse.
Detainees and prisoners often are
subjected to repeated, vigorous
interrogations designed to coerce them
into signing incriminating statements,
to force collaboration with authorities,
or to intimidate victims.
Despite
international appeals for their release,
after 17 months of detention without
charges, the four leaders of the
dissident working group--economists
Vladimiro Roca Antunez and Marta Beatriz
Roque Cabello, engineer Felix Antonio
Bonne Carcasses, and lawyer Rene Gomez
Manzano--were accused of sedition in
November 1998 and convicted in March
1999 after a 1-day, closed trial. On
July 16, one of the four, Marta Beatriz
Roque, began to refuse all solid food
and threatened to begin a complete
hunger strike on September 2 if the
Government did not answer the appeal she
filed after the trial (see Section
1.e.). However, after promising her a
quick response, the Government instead
transferred Roque to a government-owned
safehouse where she was kept in
isolation for several months.
In
June in the provincial prison of
Guantanamo, prison authorities placed
Alexander Taureaux Balvier in solitary
confinement after he complained about
the prison authorities' arbitrary
decision to reduce family visits,
including those by his mother, to 5
minutes. On June 29, common prisoners
demonstrated against the mistreatment of
Taureaux, and in response, the prison
authorities called in the special
brigade riot police for help. The
demonstration did not become violent,
and no one was injured in the incident.
On
July 5, in a note smuggled out of the
Combinado del Este prison in Havana,
political prisoner Francisco Chaviano
Gonzalez described the mistreatment that
he said prison officials directed at
him. According to Chaviano, prison
authorities confined him to his cell
without allowing him to mix with other
prisoners or to exercise in the open
court with other prisoners. He added
that this was the third time during the
last 3 months that he was isolated in
his cell. Chaviano speculated that this
treatment was in retaliation for a
letter he wrote to Fidel Castro
criticizing the arbitrariness of his
detention and trial. In September
Chaviano reportedly again was placed in
isolation after a heated conversation
with a prison official.
On
August 15, prison authorities in
Canaleta, Ciego de Avila province,
placed Luis Campo Corrales (who was
sentenced to 25 years' imprisonment for
piracy of a boat and another year for
"disrespect") in isolation
(known as a "punishment cell")
for reportedly complaining about prison
conditions. Witnesses reported that the
cell in which he was placed previously
was occupied by a prisoner infected with
the HIV virus. According to these
witnesses, prison authorities stripped
Campo of all his clothes before
confining him in the cell.
In
September prison authorities in Ciego de
Avila forced the parents of imprisoned
journalist Joel Diaz Hernandez to submit
to a strip search following a visit to
their son (see Section 2.a.).
The
Government does not permit independent
monitoring of prison conditions by
international or national human rights
monitoring groups. The Government has
refused prison visits by the
International Committee of the Red Cross
(ICRC) since 1989 and continued to
refuse requests to renew such visits.
Nonetheless, human rights activists
continued to seek information on
conditions inside jails despite the
risks to themselves and to their prison
sources.
d.
Arbitrary Arrest, Detention, or Exile
Arbitrary
arrest and detention continued to be
problems, and they remained the
Government's most effective weapons to
harass opponents. The Law of Penal
Procedures requires police to file
formal charges and either release a
detainee or bring the case before a
prosecutor within 96 hours of arrest. It
also requires the authorities to provide
suspects with access to a lawyer within
7 days of arrest. However, the
Constitution states that all legally
recognized civil liberties can be denied
to anyone who actively opposes the
"decision of the Cuban people to
build socialism." The authorities
invoke this sweeping authority to deny
due process to those detained on
purported state security grounds.
The
authorities routinely engage in
arbitrary arrest and detention of human
rights advocates, subjecting them to
interrogations, threats, and degrading
treatment and conditions for hours or
days at a time.
In
January security agents temporarily
detained independent journalist Omar
Rodriguez Saludes and Jose Orlando
Gonzalez Bridon, president of an
independent labor organization, after
they had lunch with a group of visiting
foreign former legislators. On January
14, police temporarily detained about a
dozen prodemocracy activists in Havana
to prevent them from holding a public
event in honor of Martin Luther King
(see Section 2.b.). According to Human
Rights Watch, in late January, police
detained several members of the FLDH,
including Dr. Biscet, the group's
leader, for 4 to 6 days. The detentions
prevented the FLDH members from
participating in a January 25
celebration of the first anniversary of
the Pope's 1998 visit to the country
(see Section 2.c.).
In
February state security officials
detained a number of prodemocracy
activists in various parts of the
country to prevent them from
commemorating the anniversary of the
shootdown of two civilian airplanes over
international airspace by the air force
in 1996 (see Section 2.b.). In late
February and early March, the Government
temporarily detained nearly 100
prodemocracy activists and placed others
under house arrest to keep them from
expressing support for the four members
of the Internal Dissident Working Group
during their trial in March on charges
of sedition (see Sections 1.e. and
2.b.).
On
July 13, the police arrested Marcel
Valenzuela Salt, a member of the
Organization of Fraternal Brothers for
Dignity, and 5 other persons while the 6
were en route to a church in Guanabacoa
to attend a Mass in honor of the 41
persons who drowned when the Border
Guard sank the tugboat "13th of
March" (see Section 1.a.). Police
officers detained all six persons and
confiscated the truck driven by
Valenzuela, even though the truck's
papers clearly indicated that
Valenzuela's father was the owner.
Despite various attempts to have the
truck returned to its rightful owner,
police refused to do so. The truck
finally was returned to its rightful
owner in November. On August 15, police
prevented human rights activists,
including lawyer Leonel Morejon Almagro,
leader of the environmental group
Naturpaz and founder of Concilio Cubano,
from meeting in Lenin Park, and
confiscated Morejon's car (see Section
2.b.).
On
September 8, security police told a
number of human rights activists not to
attend the annual procession in honor of
the Virgin of Charity (see Section
2.c.). On the same day, police prevented
some activists from meeting to discuss
the formation of a forum on civil
society. On October 19, security police
prevented members of various
organizations from organizing the Third
Millennium Forum. These organizations
intended to present a unified position
on various domestic issues to
delegations attending the Ninth
Ibero-American Summit in Havana on
November 15 and 16.
On
October 21, the Cuban Commission for
Human Rights and National Reconciliation
issued a press release alerting the
international community to the growing
number of human rights activists being
detained for short periods. The
Commission noted that at least 40 people
were detained for brief periods during
the previous 2 weeks. On November 10,
police arrested leaders of a farmers'
organization that was preparing a
conference for small farmers and
agricultural operatives on November 12
in Matanzas (see Section 2.b.). These
arrests were carried out to prevent
human rights activists from preparing
themselves for meetings that they hoped
to have with government leaders
attending the Ibero-American Summit.
Also on November 10, police told a
number of activists not to leave their
homes in order to prevent them from
participating in a planned protest in a
public park in the Lawton section of
Havana. On November 3, a week before the
event, the authorities detained Dr.
Biscet, who had announced the planned
protest march in an October 28 press
conference (see Section 2.b.). At year's
end, Biscet remained in jail and was
under investigation for "promoting
public disorder." In the days prior
to a planned meeting of NGO's on
November 12, authorities detained
temporarily or placed under house arrest
approximately 150 prodemocracy activists
(see Section 2.b.). On November 17, the
authorities temporarily detained
Biscet's wife, Elsa Morejon. On December
9, numerous persons were detained or
told not to leave their homes on
December 10, when human rights activists
planned to commemorate the 51st
anniversary of the Universal Declaration
of Human Rights (see Section 2.b.). The
same thing happened on December 16, the
day before the popular pilgrimage to the
church of St. Lazarus in the town of El
Rincon outside Havana (see Section
2.c.).
The
Government also arbitrarily arrested and
detained independent journalists (see
Section 2.a.). Independent journalists
were told not to cover certain meetings
and were prevented physically from
attending the small farmers' conference
in Matanzas (see Section 2.a.).
The
Penal Code includes the concept of
"dangerousness," defined as
the "special proclivity of a person
to commit crimes, demonstrated by his
conduct in manifest contradiction of
socialist norms." If the police
decide that a person exhibits signs of
dangerousness, they may bring the
offender before a court or subject him
to "therapy" or
"political reeducation."
Government authorities regularly
threaten prosecution under this article.
Both the U.N. Commission on Human Rights
(UNCHR) and the IACHR have criticized
this concept for its subjectivity, the
summary nature of the judicial
proceedings employed, the lack of legal
safeguards, and the political
considerations behind its application.
According to the IACHR, the
"special inclination to commit
crimes" referred to in the Criminal
Code amounts to "a subjective
criterion" used by the Government
to justify violations of the rights to
individual freedom and due process of
persons whose sole crime has been an
inclination to hold a view different
from the official view. On January 8, a
Havana court reaffirmed the 4-year
prison term for dangerousness imposed in
1998 on Lazaro Constantin Duran, leader
of the Friends Club of an independent
teachers' organization. On January 18,
independent journalist Jesus Joel Diaz
Hernandez was sentenced to 4 years'
imprisonment for dangerousness (see
Sections 1.e. and 2.a.). On July 17, a
police officer threatened to arrest
Merino Cabrera, a member of the Human
Rights Workers' Party, for dangerousness
and warned him against continuing his
activities. A few days later, on July
27, Cabrera found a cardboard coffin on
his front door with the words:
"Rest in Peace."
The
Government also used exile as a tool for
controlling and eliminating the internal
opposition. Amnesty International has
noted that the Government had changed
its tactics in dealing with human rights
advocates, and that rather than
arresting them and bringing them to
trial, the "tendency" was to
detain them repeatedly for short periods
and threaten them with imprisonment
unless they gave up their activities or
left the country. The Government used
these incremental aggressive tactics to
compel Leonel Morejon Almagro to leave
the country on October 19.
The
Government also has pressured imprisoned
human rights activists and political
prisoners to apply for emigration and
regularly conditioned their release on
acceptance of exile. Human Rights Watch
observed that the Government
"routinely invokes forced exile as
a condition for prisoner releases and
also pressures activists to leave the
country to escape future
prosecution." In April the
Government released independent
journalist Reinaldo Alfaro Garcia, who
had served 21 months of a 3-year prison
sentence imposed in 1998 for
"disseminating false news," on
the condition that he leave the country.
Amnesty
International has expressed
"particular concern" about the
Government's practice of threatening to
charge, try, and imprison human rights
advocates and independent journalists
prior to arrest or sentencing if they
did not leave the country. According to
Amnesty International, this practice
"effectively prevents those
concerned from being able to act in
public life in their own country."
e.
Denial of Fair Public Trial
The
Constitution provides for independent
courts; however, it explicitly
subordinates them to the National
Assembly of the People's Power and the
Council of State, which is headed by
Fidel Castro. The ANPP and its lower
level counterparts choose all judges.
The subordination of the courts to the
Communist Party, which the Constitution
designates as "the superior
directive force of the society and the
State," further compromises the
judiciary's independence.
Civil
courts exist at municipal, provincial,
and supreme court levels. Panels
composed of a mix of professionally
certified and lay judges preside over
them. Military tribunals assume
jurisdiction for certain
counterrevolutionary cases.
The
law and trial practices do not meet
international standards for fair public
trials. Almost all cases are tried in
less than a day; there are no jury
trials. While most trials are public,
trials are closed when state security
allegedly is involved. Prosecutors may
introduce testimony from a CDR member as
to the revolutionary background of a
defendant, which may contribute to
either a longer or a shorter sentence.
The law recognizes the right of appeal
in municipal courts but limits it in
provincial courts to cases such as those
involving maximum prison terms or the
death penalty. Appeals in death penalty
cases are automatic. The death penalty
ultimately must be affirmed by the
Council of State.
Criteria
for presenting evidence, especially in
cases of human rights advocates, are
arbitrary and discriminatory. Often the
sole evidence provided, particularly in
political cases, is the defendant's
confession, usually obtained under
duress and without the legal advice or
knowledge of a defense lawyer. The
authorities regularly deny defendants
access to their lawyers until the day of
the trial. Several dissidents who have
served prison terms reported that they
were tried and sentenced without counsel
and were not allowed to speak on their
own behalf. Amnesty International has
concluded that "trials in all cases
fall far short of international
standards for a fair trial."
The
law provides the accused with the right
to an attorney, but the control that the
Government exerts over the livelihood of
members of the state-controlled lawyers'
collectives--especially when they defend
persons accused of state security
crimes--compromises their ability to
represent clients. Attorneys have
reported reluctance to defend those
charged in political cases due to fear
of jeopardizing their own careers.
Human
rights monitoring groups inside the
country estimate the number of political
prisoners at between 350 and 400
persons. The authorities have imprisoned
such persons on charges such as
disseminating enemy propaganda, illicit
association, contempt for the
authorities (usually for criticizing
Fidel Castro), clandestine printing, or
the broad charge of rebellion, often
brought against advocates of peaceful
democratic change.
On
March 1, in a 1-day trial, a court in
Havana convicted the four members of the
Internal Dissident Working
Group--Vladimiro Roca Antunez, Marta
Beatriz Roque Cabello, Felix Antonio
Bonne Carcasses, and Rene Gomez
Manzano--of "acts against the
security of the State in relation to the
crime of sedition." The four had
been detained since July 1997, when they
were arrested for expressing peacefully
their disagreement with the Government.
In 1997 the group had sought support
from the international community for its
concept of peaceful dissent from the
Government's policies and publicly
distributed a paper, "The Homeland
Belongs to All," which presented a
moderate response to the platform
released by the Communist Party for its
Fifth Party Congress. The Working Group
also made a public appeal to citizens to
abstain from participating in national
elections (voting is not mandatory). On
March 15, the government television
station announced the following prison
sentences for the four: 5 years for
Vladimiro Roca, 4 years for Felix Bonne
and Rene Gomez, and 31/2 years for Marta
Beatriz Roque. All four appealed their
convictions. On July 16, Roque began to
refuse all solid food and later
threatened to begin a full-scale hunger
strike, to protest the Government's lack
of response to her appeal. In September
she ended the hunger strike after the
Government promised to respond; however,
the Government did not respond to the
appeals of any of the four by year's
end.
Others
convicted on political charges during
the year included independent
journalists Manuel Antonio Gonzalez
Castellanos, who was sentenced on May 6
to 2 years and 7 months' imprisonment
for "contempt for authority"
(see section 2.a.). On January 19, a
court sentenced journalist Jesus Joel
Diaz Hernandez to 4 years' imprisonment
for "dangerousness" (see
Sections 1.d. and 2.a.).
According
to human rights monitoring groups inside
the country, the number of political
prisoners increased slightly during the
year, in contrast to 1998 when the
number of political prisoners fell after
the release of 99 prisoners in response
to an appeal by Pope John Paul II for
clemency.
f.
Arbitrary Interference with Privacy,
Family, Home, or Correspondence
Although
the Constitution provides for the
inviolability of a citizen's home and
correspondence, official surveillance of
private and family affairs by
government-controlled mass
organizations, such as the CDR's,
remains one of the most pervasive and
repressive features of Cuban life. The
State has assumed the right to interfere
in the lives of citizens, even those who
do not actively oppose the Government
and its practices. The mass
organizations' ostensible purpose is to
"improve the citizenry," but
in fact their goal is to discover and
discourage nonconformity. Citizen
participation in these mass
organizations has declined; the economic
crisis both has reduced the Government's
ability to provide material incentives
for their participation and has forced
many persons to engage in black market
activities, which the mass organizations
are supposed to report to the
authorities.
The
authorities utilize a wide range of
social controls. The Interior Ministry
employs an intricate system of
informants and block committees (the
CDR's) to monitor and control public
opinion. While less capable than in the
past, CDR's continue to report on
suspicious activity, including
conspicuous consumption; unauthorized
meetings, including those with
foreigners; and defiant attitudes toward
the Government and the revolution.
The
Department of State Security often reads
international correspondence and
monitors overseas telephone calls and
conversations with foreigners. The
Government controls all access to the
Internet, and all electronic mail
messages are subject to censorship.
Citizens do not have the right to
receive publications from abroad,
although newsstands in foreigners-only
hotels and outside certain hard currency
stores sell foreign newspapers and
magazines. The Government continued to
jam the U.S.-operated Radio Marti and
Television Marti. Radio Marti broadcasts
generally overcame the jamming attempts
on shortwave bands, but its medium wave
transmissions are blocked completely in
Havana. The Government generally
succeeded in jamming Television Marti
transmissions. Security agents subjected
dissidents, foreign diplomats, and
journalists to harassment and
surveillance, including electronic
surveillance.
Human
Rights Watch reported that in January
authorities in Santiago notified
Margarita Sara Yero of the Independent
Press Agency of Cuba that she would be
evicted from her home, where she had
lived for 35 years (see Section 2.a.).
On March 4, Mercedes Moreno, director of
the New Press Agency, criticized the
security forces for their intimidating
tactics against her and her husband, a
former political prisoner, that included
the illegal entry of her home (see
Section 2.a.). On June 18, a local
security officer in Santiago de Cuba
sent a threatening message, through a
nonpolitical family member, to Rafael
Oliva Reyes, who offered his house for
purposes of conducting a solidarity fast
with the fasters of Tamarindo 34 in
Havana (see Sections 2.b. and 4). On
June 24, a security agent told Alexis
Rodriguez Fernandez, the national
coordinator of the Cuban Youth Movement
for Democracy, that the authorities were
fully aware of his activities in Havana,
such as visiting embassies and
participating in the Tamarindo 34 fast,
and that they were preparing a judicial
case of dangerousness against him.
On
August 23, security agents forcibly
evicted Ramon Humberto Colas Castillo,
his wife Berta Mexidor Vasquez, their
two children, and his mother from their
house in Las Tunas. The couple had
established an independent library in
their house and worked as independent
journalists for the Libertad press
agency (see Section 2.a.). In November
authorities evicted independent
journalist Nestor Baguer from his home
(see Section 2.a.).
The
authorities regularly search persons and
their homes, without probable cause, to
intimidate and harass them. State
security agents searched the homes of
hundreds of human rights advocates and
independent journalists, seizing
typewriters, small cassette equipment,
personal and organizational documents,
books, and foreign newspapers. The
authorities harass and target acts of
repudiation at both dissidents and their
family members. At times those taking
part in such acts of repudiation invade
and damage homes, as well as physically
attack occupants (see Section 1.c.).
Friends and relatives of independent
journalists also are subjected to
harassment (see Section 2.a.).
The
authorities regularly detained human
rights advocates after they visited
foreign diplomatic missions, confiscated
their written reports of human rights
abuses, and seized copies of foreign
newspapers and other informational
material, including copies of the
Universal Declaration of Human Rights
(UDHR). On November 5, security police
detained Jose Aquilar Hernandez of the
13th of July movement and independent
journalist Clara Morales Martinez in
Havana. They were taken to a police
station where they were interrogated
about a planned November 10 march in the
Lawton area of Havana. Security officers
also confiscated copies of the UDHR that
they had in their possession. They both
were released the next morning.
In
August the president of an independent
teachers' group said that his son lost
his job because of state security
interference. He claimed that security
officials infiltrated an agent among his
friends; when police found some drugs in
the friends' possession, they then tried
to implicate his son. Based on this, his
son, who was the only member of the
family working, lost his restaurant job.
On June 28, Avila Eloina Heredia
Cervantes of the Cuban Committee for
Human Rights in Ciego de Avila lost her
job at the cafeteria of the central
train station in Moron. In 1997 she had
lost her job in another restaurant.
There
were numerous credible reports of forced
evictions of squatters and residents who
lacked official permission to reside in
Havana (see Section 5).
Section
2 Respect for Civil Liberties,
including:
a.
Freedom of Speech and Press
The
Government does not allow criticism of
the revolution or its leaders. Laws
against antigovernment propaganda,
graffiti, and disrespect of officials
carry penalties of from 3 months to 1
year in prison. If President Castro or
members of the National Assembly or
Council of State are the objects of
criticism, the sentence can be extended
to 3 years. Charges of disseminating
enemy propaganda (which includes merely
expressing opinions at odds with those
of the Government) can bring sentences
of up to 14 years. In the Government's
view, such materials as the UDHR,
international reports of human rights
violations, and mainstream foreign
newspapers and magazines constitute
enemy propaganda. Local CDR's inhibit
freedom of speech by monitoring and
reporting dissent or criticism. Police
and state security officials regularly
harassed, threatened, and otherwise
abused human rights advocates in public
and private as a means of intimidation
and control.
In
January a court in Moron, Ciego de Avila
province, sentenced Jesus Joel Diaz
Hernandez, director of the Cooperative
of Independent Journalists of Ciego de
Avila, to 4 years' imprisonment for
dangerousness. Human Rights Watch
reported that Diaz was accused of having
met with delinquents and having
disturbed the public order. He was tried
the day after his arrest, making it
impossible for him to prepare an
adequate defense. In May a court in
Holguin sentenced independent journalist
Mario Gonzalez Castellanos, Cubapress
correspondent in Holguin, to 21/2 years
in the Holguin prison known as Cuba Si,
for showing disrespect to Fidel Castro.
The
Constitution states that print and
electronic media are state property and
cannot become in any case private
property. The Communist Party controls
all media--except a few small church-run
publications--as a means of
indoctrinating the public. Even the
church-run publications are watched
closely, denied access to mass printing
equipment, and subject to governmental
pressure. On November 1, in a televised
speech, President Castro expressed his
displeasure with an article in the
Pinar-based Catholic Church magazine
Vitral, mentioning the editor by name.
All
media must operate under party
guidelines and reflect government views.
The Government attempts to shape media
coverage to such a degree that it not
only continued to exert pressure on
domestic journalists, but also sought to
increase its pressure on groups normally
outside the official realm of control,
such as visiting international
correspondents. Resident foreign
correspondents reported an increase in
governmental pressure, including
official and informal complaints about
articles, threatening phone calls, and
lack of access to officials.
In
February the National Assembly passed
the Law to Protect National Independence
and the Economy. This law outlaws a
broad range of activities as undermining
state security, and toughens penalties
for criminal activity. Under the law,
anyone caught possessing or
disseminating literature deemed
subversive, or supplying information
that could be used by U.S. authorities
in the application of U.S. legislation,
is subject to fines and to prison terms
of 7 to 20 years. While many activities
between Cuban nationals and foreigners
possibly could fall within the purview
of this new law, it appears to be aimed
primarily at independent journalists.
The
new law increases the penalties and
broadens the definitions of activities
covered by the 1996 Cuban Dignity and
Sovereignty Act, which already
proscribes citizens from providing
information to any representatives of
the U.S. Government, or seeking any
information from them, that might be
used directly or indirectly in the
application of U.S. legislation. This
includes accepting or distributing any
publications, documents or other
material from any origin, which the
authorities might interpret as
facilitating implementation of such
legislation.
No
one was charged yet with violating the
new law by year's end, but all but a
handful of independent journalists
admitted that its very existence had
some effect on their activities and
their reporting, with some calling its
passage the most effective form of
harassment of the press during the year.
Many independent journalists were
threatened either anonymously or openly
with arrest and conviction based on the
new law, some repeatedly over the months
since the law took effect. The
Inter-American Press Association (IAPA)
reported that, following the release in
January of independent journalist
Lorenzo Paez Nunez after he completed
serving an 18-month prison sentence for
"disseminating false news,"
authorities repeatedly harassed him and
threatened him with application of the
new law. Cubapress director Raul Rivero
reported that the authorities picked him
up outside the Havana Libre Hotel and
told him that he and Christian
Liberation Movement founder Oswaldo Paya
Sardinas would be the first to feel the
full consequences of the law.
In
February National Assembly President
Ricardo Alarcon told foreign
correspondents that under the new law,
even reporters working for accredited
foreign media could be sentenced to up
to 20 years in prison if the information
they publish is deemed to serve U.S.
interests. Several times during the
year, the domestic press, and even
President Castro in televised speeches,
specifically mentioned correspondents
from international news services and
publications as being particularly
unresponsive to the Government's
positions, and possibly serving U.S.
interests.
Credible
reports indicated that, after several
sharp attacks in the local press,
including accusations of distortion,
sensationalism, calumny, and
manipulation, the Government persuaded a
major international news agency to
replace its bureau chief in Havana by
promising increased access to government
officials if it did so. Two other
longtime resident foreign correspondents
also left under difficult circumstances.
In
January state security officials ordered
visiting Radio Netherlands correspondent
Edwin Koopman to leave the country for
activities inconsistent with his
journalism visa. Apparently, activities
that Koopman was conducting for Pax
Christi-Netherlands came to the
Government's attention, and were given
as the reason for his expulsion.
In
November security agents and government
supporters seriously damaged a Cable
News Network camera during an attack on
dissidents in Dolores Park in the Lawton
section of Havana. Taped coverage of the
incident appeared to indicate that the
cameraman was in fact the target. The
cameraman was among the foreign news
crews that arrived to cover a march
announced to call attention to human
rights problems before the
Ibero-American Summit later that month.
The few activists who managed to get to
the park were set upon by members of
mass organizations holding a
progovernment picnic and rally in the
same place (see Section 2.b.).
International coverage of the attack led
to a 6-hour speech by Fidel Castro in
which he described the dissidents as
criminals and their antagonists as
devoted patriots.
The
Government continued to jam the
U.S.-operated Radio Marti and Television
Marti (see Section 1.f.).
The
Government continues to subject
independent journalists to internal
travel bans, arbitrary and periodic
detentions (overnight or longer), small
acts of repudiation (see Section 1.c.),
harassment of family and friends,
seizures of computers, office and
photographic equipment, and repeated
threats of prolonged imprisonment.
Independent journalists in Havana
reported a general decrease in
harassment, but there continued to be
reports of constant threatening phone
calls and harassment of family members
in the weeks leading up to the
Ibero-American Summit in November.
Outside the capital, journalists
reported an increase in detentions,
threats, and harassment during the same
period.
In
Santiago de Cuba, independent journalist
Santiago Santana was detained three
different times; on one occasion in
September, security officials seized his
camera and two tape recorders. Human
Rights Watch reported that in January
authorities in Santiago notified
Margarita Sara Yero of the Independent
Press Agency of Cuba that she would be
evicted from her home, where she had
lived for 35 years. The authorities
claimed that she had abandoned the
house, although neighbors confirmed that
she resided there. On February 1,
officials held a public meeting in which
they criticized Yero for not voting for
Communist candidates and for not
participating in the local CDR;
according to press reports, she received
an eviction notice the following day. On
March 4, Mercedes Moreno, director of
the New Press Agency, criticized the
security forces for their intimidating
tactics against her and her husband, a
former political prisoner, which
included illegal entry into her home,
and citing her and her husband to appear
at different police stations in Havana.
She also accused security agents of
forcing traffic police regularly to
issue traffic violations to her and her
husband, with exorbitant fines.
In
August in Ciego de Avila, neighbors
rousted Jorge Enrique Rives, of the
Patria Agency, and his family, including
elderly relatives, from their beds and
seriously assaulted them, while shouting
revolutionary slogans. Also in August,
independent journalists and private
library owners Ramon Colas and Berta
Maxidor, their young children (ages 9
and 13), and Colas's 73-year-old mother
were evicted from their house in Las
Tunas without warning, and all of their
belongings were taken to a shelter many
miles out of town. Security officials
told Colas and Maxidor that they were
occupying the house, which they had
lived in for 13 years, illegally. The
authorities temporarily detained Colas
at that time for arguing with them.
In
September the parents of imprisoned
independent journalist Jesus Joel Diaz
Hernandez were harassed and forced to
submit to a strip search at the end of a
strictly regulated visit to their son.
In October unknown assailants damaged
the house of Cubapress correspondent
Jesus Labrador Arias in Guantanamo
province by throwing stones at it in the
middle of the night. On October 15, an
immigration officer requested the return
of the passport of Magaly de Armas, the
wife of imprisoned Internal Dissident
Working Group member Vladimiro Roca
Antunez, shortly before she was
scheduled to travel abroad to accept an
award on behalf of her husband and the
other three imprisoned Working Group
members for a publication by the group
that defended freedom of the press (see
Section 2.d.).
In
November the authorities detained
independent journalist and activist for
the blind Juan Carlos Rodriguez for 3
days, ostensibly to prevent him from
covering activities related to the
Ibero-American Summit. Rodriguez's wife
also was called in repeatedly to her
neighborhood police station and
threatened. Also in November, the
Government prevented independent
journalists from covering a conference
of small farmers in Matanzas.
In
November the landlord of octogenarian
Nestor Baguer, dean of the independent
journalists and founder of the original
Independent Press Agency of Cuba, asked
Baguer to vacate his apartment after he
was mentioned, along with several dozen
other opposition members and foreign
diplomats, by Fidel Castro in a 6-hour
speech. Reportedly his landlord evicted
him under pressure from members of the
local CDR, who objected to living so
close to a named criminal.
Many
of the detentions, house arrests, and
threats that occurred during the year
were in conjunction with major events on
the dissidents' and the Government's
calendars. The authorities ordered
dozens of independent journalists to
remain in their homes on February 24,
the anniversary of the 1996 shootdown of
two civilian aircraft over international
air space by the air force. The
Government also detained or threatened
many journalists before and during the
March 1 trial of the four members of the
Internal Dissident Working Group, and on
March 15, the day of their sentencing
(see Section 1.e.). Many of the
dissidents detained and threatened prior
to the Ibero-American Summit were
journalists (see Sections 1.d. and
2.b.). The Government ordered several of
them to return to their home provinces,
including Edel Garcia to Caibarien, or
ordered them not to travel to Havana at
that time. The authorities detained
journalists along with other dissidents
during protests organized by the
environmental organization Naturpaz on
August 15 and September 20 (see Section
2.b.).
In
Havana the authorities repeatedly
detained Oswaldo de Cespedes of the
Cooperative of Independent Journalists
and threatened to reopen charges against
him that date back to 1996. The
authorities picked up Jesus Zuniga, also
of the Cooperative of Independent
Journalists, on his way to visit a
foreign diplomatic mission, detained him
for several hours, and interrogated him
frequently about alleged connections
with foreign radical groups.
In
August officials denied permission to
Raul Rivero, poet, journalist, and
director of Cubapress, to travel abroad
to receive a journalism prize. According
to newspaper reports, when asked about
keeping Rivero from traveling, Fidel
Castro replied that Rivero would never
leave the country. The authorities
detained independent journalist Angel
Pablo Polanco three times in connection
with his activities with various
dissident groups, and confined him to a
military hospital, ostensibly for
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