RESOLUTION Nº 12/82
March 8, 1982
Inter-American Commission on Human Rights received the following
denunciation in a communication dated August 25, 1981:
Miguel Cantón Gómez, a Cuban political prisoner, Case N 291- 1962,
sentenced to 30 years in prison, and who is now in the Puerto Boniato
Prison, Oriente, Cuba, is on the way to completing 20 years behind bars;
that is, he was 21 when he was arrested and is now 40 years of age. All
his youth has been spent in prison.
am bringing the necessary information to the attention of your
Organization by way of making a formal denunciation. At this time, the
prison status established by the communist government of Fidel Castro
for Cuban political prisoners in Cuban prisons denies them visitors,
baskets, and medical care. Nor do they get any sunshine, for since
January they have not been taken out to the patio, and they are kept
the prisoners' relatives who are in Cuba feel unable to do anything for
them, because of the terror and repression that exists in Cuba.
2. In a note of
September 1, 1981, the Commission transmitted the pertinent parts of the
denunciation to the Cuban Government, requesting that it furnish the
information that it deemed appropriate.
3. The Government
of Cuba has not replied to date.
4. In a
communication of September 21, 1981, the Commission received the
following additional information with respect to the denunciation:
Miguel Cantón Gómez was sentenced for giving medical care in his house
to two wounded friends who asked him for help. The friends belonged to
the same movement as he, against the Government of Cuba.
trial was held in July 1962.
some years, Victor Miguel Cantón Gómez has been suffering from blood
pressure and stomach problems.
1. To date, the
Cuban Government has not replied to the Commission's request of
September 1, 1981,
2. Article 39 of
the Regulations of the Commission establishes as follows:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be
presumed to be true if , during the maximum period set by the Commission
under the provisions of Article 31, paragraph 5, the government has not
provided the pertinent information as long as other evidence does not
lead to a different conclusion.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. In application
of Article 39 of the Regulations, to presume to be true the acts
denounced in the communications of August 25, 1981 regarding the
arbitrary detention of Victor Miguel Cantón Gómez.
2. That the
Government of Cuba violated the right to liberty and personal security
(Article I), the right to the preservation of health (Article XI), the
right to a fair trial (Art. XVIII), the right to protection against
arbitrary arrest, which includes the right to humane treatment during
the time the person is in custody (Article XXV), and the right to due
process (Article XXVI) of the American Declaration of the Rights and
Duties of Man.
3. To communicate
this decision to the Government of Cuba and to the Claimants.
4. To include this
resolution in the Annual Report of the Commission to the General
Assembly of the Organization of American States in accordance with
Article 8, paragraph (f) of the Statute and Article 59, paragraph (g) of
the Regulations of the Commission.