SITUATION OF POLITICAL PRISONERS IN CUBA
1. A communication of May 15, 1973, states:2
“We wish to advise Your Excellency that the life of the student Pedro Luis Boitel is in danger as a consequence of recent tortures. Boitel is at present arrested in Castillo Principe, Havana, Cuba, partially crippled as a result of previous tortures and ill treatment. We request urgent action to save his life.”
In a note dated May 24, 1972, the Commission requested the corresponding information from the Cuban government, transmitting the pertinent parts of the report, in accordance with Articles 42 and 44 of its Rules of Procedure.
Another report on the same subject was received on May 28 of the same year. It stated:
“I do not think it is necessary to tell you who belong to the Spanish-speaking world, the deep sorrow felt by us, the exiled Cubans, at this terrible time, in which the news of Boitel’s murder has reached us, nor do I believe it necessary to tell his story since you should know it.
But just in case you do not, this young, courageous, upright and Christian Cuban had been kept prisoner in Cuban prisoners for almost eleven years, and was one of the most persecuted, humiliated and ill-treated political prisoners in Latin America. He was very often cruelly punished and submitted to terrible tortures, to the point that he became a cripple, losing first the use of his legs and then his sight, as a matter that apparently caused no concern to any organization. I have written many letters requesting help for this unfortunate man without getting even a reply to them and now, only a few days ago, he has been stabbed to death.”
In a note of June 6, 1972, the Commission again requested the Cuban government for the corresponding information.
After the expiration of the statutory term without a reply from the Cuban government to those requests for information, the Commission adopted a decision on this case (OEA/Ser.L/V.II.39, doc.4 rev. 2) in its thirtieth session (April 1973).
In the resolution, following a detailed account of the denunciations sent to the Commission since 1965, reporting on the situation of the political prisoner Boitel, and of the steps taken by the Commission before the government of Cuba and the systematic silence of the Cuban authorities in the face of the Commission’s requests for information, the Commission decided to make no recommendations to that government in accordance with Articles 9.b and 9 bis.b of its Statute since they would serve no practical purpose, and to transmit the denounced facts to the General Assembly, as a most serious instance of violation of the right to life, liberty, and security of human beings, set down in Article I of the American Declaration of the Rights and Duties of Man.
The resolution was transmitted to the Cuban government in a note dated June 15, 1973 and submitted to the General Assembly of the Organization in the Annual Report of the Commission for that year.3
2. A communication dated 10 October 1971, said:4
“We request your intervention in favor of political prisoners in Cuba and, very particularly, in the prison of Manacas, Las Villas, where Mr. Oriol Acosta y García was murdered in his cell and others have been wounded. Mr. Oriol Acosta was murdered on 5 August, 1971.”
By note dated March 29, 1972, the Commission requested the Cuban government for the corresponding information.
Since no reply to the request for information was received from the Cuban government within the statutory term the Commission adopted a resolution on this case (OEA/Ser.L/V/II/30, doc.6 rev.2 dated April 27, 1973) in its thirtieth session (April 1973).
The preamble of the resolution mentions the application of Article 9 (bis) of the Statute, under which the Cuban government was requested for the corresponding information, as prescribed in Articles 42 of 44 of the Regulations. It states that at the time of the twenty-ninth session, in October 1972, when the term of 180 days established in Article 51 of the Regulations had elapsed, the Cuban government had not furnished the information requested. Under the terms of that article, the occurrence of the events on which information has been requested from the government was presumed to be confirmed and it was deemed that no practical purpose would be served by making any recommendation as provided for in Article 9.b and 9 (bis) b of the Statute and that the General Assembly should be made cognizant of the light in which the Commission saw the denounced facts. Consequently, in the resolutive part, the Commission presumed that the charges against the Cuban government were true and advised the Assembly that they constituted a most serious violation of the right to life, liberty and security of human beings, established in Article I of the American Declaration.
The resolution was transmitted to the government of Cuba in a note of June 15, 1973 and communicated to the General Assembly in the Annual Report of that year.5
3. A communication of April 16, 1974, stated:6
“For almost fifteen years Cuban political prisoners have been subjected to a cruel, inhumane and degrading prison system.
This situation has been denounced by the prisoners themselves by means of hunger strikes and the petitions of humane treatment in compliance with the Declaration of Human rights and the agreements on human rights that have been signed by Cuba.
There have been cases of persons who were arrested only to be released after years of imprisonment without knowing the charges against them. Others, who were imprisoned for years, without trial of judgment, were taken out of prison and shot out right. One of the first instances of the latter was that of the participants in the armed revolt in the El Escambray mountains late in 1960. Those who were not killed during the military operations were sent to the Isla de Pinos prison, still open at that time, without trial or judgement. After more than two hears, in July-August 1963, a group of those prisoners was taken out of prison, taken to the mainland and machine-gunned when they were getting out of the trucks in a place known as Torre de iznaga, Zona del Condado, in the province of Las Villas. Twenty-one prisoners died under the fire of machine guns. We can furnish the names of twelve of them, reserving the right to complete the list at a later date. The victims were: Carlos Curbelo del Sol, Carlos Montalvo, Zacarías García, Alejandro Toledo, Agustín Zerguera, Ruperto Ulacia, Liste López, Ignacio Zuñiga, Nené Fernández, Ramón Pérez, Alejandro Lima y Blas Marín. Ruiz Mayor and the youngster Aldo Chaviano were the survivors of this massacre.
Mention should be made of the lot of Porfirio Remberto Ramírez, captain in Fidel Castro’s rebel army, who was President of the Students’ Federation at the Universidad Central de la Provincia de Las Villas. Porfirio Ramírez had been a combatant in the fight against the former régime. But this student was an idealist and a convinced believer in democracy, and he took to armed revolt. He was captured and summarily tried. At a certain time he was led to a place known as Campamento La Campana in Las Villas, and shot.
Since 1 January 1959, thousands of persons have been shot without trial. From the list of such cases, between 1961 and 1970, we have taken the following, as examples: Lydia Pérez León, died during childbirth in the prison for women in Guanajay, at the age of 21, in January 1961. She was refused medical assistance during a pregnancy with complications. Her husband, also a prisoner in another establishment, hanged himself when he heard about the death of his wife and his son.
Juan Pereira Varela (Juanín). Student, 21 years of age. Arrested in Havanna and shot without trial in Pinar del Rio, on December 17, 1961.
Julio Medina, died at Castillo del Príncipe, of an asthma attack, without receiving medical care.
The following also died in 1974, the exact date of death undetermined: José Pereda, Tomás Aguirre, Ramón Quesada, Julio Hernández, Filiberto Polledo Morales, Gastón Vidal, Manuel Cuevas, and Luis Alvarez Ríos.
All of them, except for Roberto López Chavez, who died on a hunger strike without receiving medical care, were killed with clubs, machetes or bayonets, or shot to death, while the famous compulsory labor plan was being enforced. In 1967, the Isla de Pinos prison was torn down, and the prisoners were distributed among the many places of imprisonment on the island of Cuba.
Rafael Fernández Varela, beaten to death at La Cabaña fortress.
Francisco Balbuena Calzadilla, lost his mind and died as a result of the physical tortures he suffered in the concentration camps of Las Gavetas de San Ramón and Tres Maceos, in Oriente.
Eduardo Molina and Alfredo Carrión Obeso, died in the concentration of Melena No. 2, without receiving medical care.
Carmelo Cuadra, died as a result of a hunger strike, without receiving medical care, in La Cabaña, Havanna.
René Amoedo Bueno died of an asthma attack, without receiving medical care, when he was being transferred from the Melena No. 2 concentration camp to Castillo del Príncipe, in Havanna.
José Francisco Mira, who had participated in the Girón invasion, died at Melena No. 2, without receiving medical care.
Esteban Ramos Dessel and Ibrahim Torres Martínez died in “shuttered cells” in Boniato jail, on February 4 and 7 respectively, having been denied medical care. Their corpses were discovered because of the stench.
Lázaro San Martín was shot to death at 5 ½ jail, Pinar del Río, in December 1972.
Enrique García Cuevas died on a hunger strike, without receiving medical care, in cell No. 4 of the new Provincial Jail of Santa Clara, on June 24, 1973.
Diosdado Camejo died of anemia and malnutrition, in Morón jail, early in 1973.
Oscar Morales Pascual died of illness, without having received medical care, in the Security Center No. 4, of Manacas, Las Villas, in March 1973.
Olegario Charlot Pileta. This young Negro died on a hunger strike, without receiving medical care, in the famous “staircase” of Boniato prison, in January 1973.
Marcelo Díaz was imprisoned at the Manacas concentration camp; he was transferred to the G-2 “repressive corps,” in Santa Clara. A few days later his family was informed that he had hanged himself in his cell. This occurred in early 1974.
Manuel Ruiz del Cristo, 56, died of cancer in La Cabaña, Havanna, without receiving medical care, on Monday, January 14, 1974, at 3:20 p.m.
It is worth noting the number of prisoners and of concentration camps with which the Castro administration has filled the martyr island: CENTERS OF IMPRISONMENT.
Pinar del Río province: Taco Taco, Fajardo, El Caribe, El Blai, El Brujo, and San Tonio.
Province of Havanna: Jails: La Cabaña, El Morro, Guanajuay. Forced labor farms: 100 and Jaruco 1 (adult) and 2 (minors), Nuevo Amanecer (formerly América Libre), for women, Valle del Perú, prison for minors under thirteen, and Paseo, Vedado, Combinado del Este (under construction, with capacity for 20,000 prisoners).
Matanzas province: Jails: San Severino and Matanzas. Concentration camps: Aguica and Caballero Milián.
Las Villas province: Jails: Santa Clara, Sagua, Remedios, Sancti Spiritus. Concentration camps: Security center No. 4, Ariza, Condado, and Preprensado.
Camagüey. Forced labor farms: Florida and UMAP.
Oriente province: Jails: Boniato (c0nsisting of huge pavilions, two of which are knows as “The shuttered cells” because the doors and windows have been covered up with steel plates), El Castillito, Baracoa, La Culebra. Concentration camps: El Mijial, Tres Maceos and Gavetas de San Ramón.
“It is difficult to give the exact number of places of imprisonment because, according to whether the number of prisoners or the protests for mistreatment increase, the Government sets up or tears down these jails, abandons some of them, and establishes new ones in other places on the island.
“At present, the women's concentration camp, which with the utmost cynicism was given the name of “America Libre” is being restored and painted, probably to give this grim place of imprisonment an attractive façade, in case some kind of inspection is allowed, while mistreatment and brutality persist inside. It is called “Nuevo Almanecer” ( new dawn), as if its name could disguise the black night of barbaric treatment inflicted there during almost fifteen years of infamy. In this connection, we recall the concentration camps that Hitler showed the International Red Cross during his era, which was also bloodthirsty and disgraceful.”
In a communication dated June 24, 1974, the Commission requested that the Cuban Government supply pertinent information. After the deadline stipulated in Article 5 of the Regulations for that government to supply the required information, the Commission, in a note dated November 17, 1974, reiterated the request for information, pointing out, in addition, the expiration of the deadline and the presumption of truth established in the article.
In view of the fact that the Cuban Government did not answer the communication, the Commission adopted at its thirty-fifth session, held in May 1975, a resolution on this case (OEA/Ser.L/V/II.35, doc.2, rev.1, of 29 May 1975).
The aforementioned resolution states that, in October 1974, at the time of the thirty-fourth session, the 190-day deadline for supplying the information pursuant to Article 51 of the Regulations had passed and the Cuban Government had not responded. The Commission considers it pointless to make recommendations to that country's government, as provided for in Articles 9, paragraph b and 9 (bis) paragraph b of the Statute, in view of that government's systematic silence. Consequently, the Commission applied Article 51 of the Regulations, in this case, and considered that the events that had been denounced had been proven, classified them as gross violations of the right to life, liberty and the security of human beings, as established in Article I of the American Declaration, and decided to include the resolution mentioned in the annual report submitted to the Assembly.7
The aforementioned resolution was communicated to the Cuban Government in a note dated June 1, 1975.
4. Certain paragraphs of the communication dated April 16, 1974, report the following:8
“… three more Cuban political prisoners have died. They have been left to die in the most inhuman was … having been denied medical care. The first, Esteban Ramos Kessel was 51 and had been in jail for 9 years. He had been sick for some time, during which he never received any kind of medical care. When his condition worsened visibly, we applied to the Jail authorities requesting medical care for the dying man.
The authorities accepted, but only on condition that he renounced his political beliefs … On February 4, he died in a dark corner of one of the “shuttered cells” without receiving medical care. Three days later, on February 7, in identical circumstances and after requesting medical care for humanitarian reasons, Ibrahim Torres Martínez, 29, who had spent almost 11 years in jail, also died without receiving medical care and for lack of such care. A month later, on March 7, another of our men, Adalberto Misa López, 42 years of age, who had spent 9 years in jail, died of asphyxiation. These three additional dead raise to 474 (four hundred and seventy four) the number of people murdered to date in the Havana jails.”
5. Another communication submitted to the Commission on October 24, 1974, which supplements that of April 16, reports the following:9
“On September 28, the political prisoner José Rodríguez Mosquera died in La Cabaña prison. He suffered from heart disease and asthma. Because he refused to wear the uniform of the “rehabilitated,” he spent years dressed only in his undershorts in the humid cells of the two-hundred-year old colonial fortress. Mistreatment and lack of medical care were causes of his death.
In a letter dated September 16, which was smuggled out of La Cabaña prison, another killing is recounted. Place: the Melena concentration camp in Havanna (whether its camp 1 or 2 is not specified). The victim: a political prisoner who had agreed to the rehabilitation plan (it’s important to note that in spite of their acceptance, most are not freed until they have served their full term and in some cases they are not released even then). His name: Miguel, known to his companions as ‘Cachimba.’ What happened: He attempted to escape. The guards fired, wounding him in one leg. He collapsed to the ground in a sitting position. At an order from an officer, the guards continued to fire, and four or five more bullets entered his chest while he was sitting there begging for mercy. This action resulted in a general protest, which had to be put down by force.”
At its thirty-fourth session, the Commission took note of this October 24 communication with its new charges against the Government of Cuba. At the same time, the Commission noted the Cuban Government’s failure to reply to a request for information, dated June 3, 1974, which contained the pertinent parts of the claimant’s original charge, dated April 16. Inasmuch as the time had run out for the Cuban Government to furnish the information requested, as established in Article 51 of the Regulations, it was decided to repeat the request for information and also transmit pertinent portions of additional information received from the claimants, in accordance with Articles 42 and 44 of its Regulations, and mention the expiration of the deadline stipulated in Article 51 and the application of the rule that claims are presumed to be true once that period runs out.
In view of the Cuban Government’s failure to answer, the Commission approved a resolution (OEA/Ser.L/V/II.35 doc.3 rev.1, dated May 29, 1975) at its thirty-fifth regular session, held in May 1975.
The preamble of the resolution points out that no reply was received from the Cuban Government. To the request for information, which was authorized under Article 8 (bis) of the Statutes and drawn up pursuant to Articles 42 (1) and 44 of the Regulations, within the 180-day period established under Article 51 of the Regulations, nor did the Government reply to a second request for information based on new communications received by the Commission from the claimants. Based on Article 51, the resolution considers the allegations to be proven an does not deem it practical to make any of the suggestions provided for in Article 9 (b) and 9 (bis) (b) of the Commission’s statutes, in view of the Cuban Government’s systematic silence on the numerous communications received by the Commission. In addition, the Commission stipulated that the resolution be included in its annual report to the General Assembly, stating that the allegations constitute a very serious case of violation of the right to life, liberty, security and integrity of the individual; equality before the law; a violation of justice; and a violation of protection against arbitrary arrest and due process of law, all of which are set forth in Articles I, II, XVIII, XXV, XXVI of the American Declaration.10
This resolution was sent to the Government of Cuba with a note dated June 1, 1975.
1. A statement in a communication dated March 3, 1971, reads as follows:12
“We will set forth very briefly some aspects of the treatment still being given political detainees and prisoners in 1969, 1970, and 1971.
“In the jails of the Cuban Political Police, the person detained is deprived of his belongings, money, watch, documents, and identification papers. His automobile keys and the clothing he is wearing are taken from him, and his is forced to wear a prison jacket (in Cuba we call it the Chamarreta) with a large P for political prisoner stamped on the back denoting his status as being opposed to the Communist state. Next … his picture is taken, and his weight and measurements are taken, in other words a general prison record is set up for him, identified by a prison serial number, and containing the nature of the crime he is charged with having committed against the Security of the Community State.
Later …, the odyssey of the Cuban political prisoner begins: THE CONFESSION of his activities at any price.
To get the confession, which every political prisoner is forced to make, he is interrogated for endless hours: at times he’s the object of praise, at times of cruel threats, sometimes it’s done by day, at others in the middle of the night; sometimes it’s done on a regular schedule, at others without a break; sometimes it’s conducted by apparently friendly interrogators, at others by men with the look of murderers and hangmen, capable of instilling fear in the bravest and calmest of men.
When the exhausting, interminable interrogations and application of the third degree fail to bring the desired results, the wide range of torture used in the International Communism’s prison system is begun. Some of the methods used are:
a. The political prisoner is put completely stripped into a freezing cold room;
b. The political prisoner, again stripped, is put into a room with a very high temperature;
c. The political prisoner is placed in a room just large enough to hold one person standing. He is kept there for a time calculated to cause terrible pain in his legs, which are supporting all his body weight. Often, the veins in the prisoner’s legs rupture with all the dreadful consequences this brings on.
d. The confinement of the political prisoner in hermetically-sealed rooms with the lights turned on for 24 hours, I repeat, 24 hours a day, so that the prisoner’s mind is disturbed, he loses his sense of time and his sleep cycle is upset, because he is hardly able to sleep on account of the brightness of the lights in the room.
e. Continuous solitary confinement, which is also intended to break the political prisoner’s spirit, so that he prefers to admit to any charge rather than continue to live under such conditions.
f. The introduction of political police agents in prison cells for weeks and sometimes for months at a time, in order to spy on political prisoners, and, by pretending to be concerned about the accusations hanging over them, induce the prisoners to admit to the monstrous accusations of the State Political Police, and attempt to obtain confessions from the prisoners.
g. The taking of political prisoners to places far from the detention centers, where death by firing squad is simulated with blank cartridges, or tracer bullets.
h. The taking of political prisoners out to sea, in ships belonging to the Political Police, and place around the prisoner’s neck a thick rope with a slip knot, to the end of which is attached an anchor or concrete block, and threatening them with being thrown into the sea if they do not quickly confess that certain allegations made against them are true.
i. Political prisoners are sometimes interrogated continuously, without rest, by successive teams of inquisitors, in order to break them down. When the political prisoners beg to be allowed to sleep, he is told that he may not sleep unless he confesses.
j. Political prisoners are sometimes subject to the application of the Russian symphony, which consists in strapping them to a chair, and then cracking a whip with great violence, producing a shattering, deafening noise which damages the ear-drum.
k. As regards physical tortures, a frequent method is to take the political prisoner by the feed and submerge his head in a pool of water, so that he gradually suffers the symptoms of asphyxiation by drowning.
l. Political prisoners are sometimes forced to remain standing, without being allowed to lean on anything, a procedure which disturbs the circulation of the blood.
m. Political prisoners are ordered to remain standing, with their legs apart, and are then beaten on the genitals with steel bands. This produces extreme pain, in view of the effects of these blows on such a delicate part of the human body.
n. “Las tapiadas.” This name has been given to female political prisoners in Cuba incarcerated in cells where they are isolated for violations of the iron discipline of the prison. In these cells there is no light and almost no water. The prisoners are kept naked in a very confined space. Their food is served to them at different times of the day, so that they lose all notion of time. They may not receive visits or letters. They remain there, in a state of confusion, for weeks at a time.
o. When the political prisoner is a person of some importance, he is kept locked up in a room, totally isolated from the outside world, He is not allowed to sleep. The temperature of the room is kept high, and electric light bulbs burn constantly. He is constantly sweating, but is not allowed to take a bath, nor to clean himself in any way. As a result of this treatment, he develops a skin rash. This eventually develops into open wounds, which cause the political prisoner terrible pain.”
2. A communication of August 5, 1971, states that:13
“In the Castillo de El Príncipe, in Section Six, there is a group of 10 men who are political prisoners, and who have been totally isolated from the rest of the prison population since December 19, 1970.
Their names are: ELOY GUTIERREZ MENOYO, HUBERT MATOS, PEDRO LUIS BOITEL, CESAR PAIZ, T. LAMAS, A. GAMIS, L. BLANCO, J. PUJAL, J. VALLS, AND O. FIGUEROA.
Most of these ten men had been in the Guanajay Prison. On December 18, they were told to collect their few pitiful possessions, and were kept completely incommunicado until the following day, when they were transferred to the Castillo de El Príncipe and incarcerated in Section Six.
Since that date (exactly seven and a half months ago), the only contact these men have had with other people has been on visiting day, which occurs once a month, when one or two relatives are allowed to enter. The visit, which lasts one or two hours, is made in private ( and not in a place reserved for visits); no one else may see them, nor may they see anyone.
They have a small courtyard measuring approximately 3 x 10 meters, enclosed by four huge whitewashed walls which, despite their height, allow some rays of sun to penetrate; these they enjoy from 12 to 3 in the afternoon.
The Commission, in a note dated November 17, 1971, requested the relevant information from the Government of Cuba.
When the Government of Cuba did not reply to this request within the required time, the Commission, at its thirtieth meeting, (April 1973), adopted a resolution on this case (OEA/Ser.L/V/II.30 doc.5 rev. 2, of April 27, 1973).
This resolution, after transcribing in the preamble the text of the denunciation, refers to the request for information transmitted to the Government of Cuba, in accordance with the powers granted the Commission by Article 9 (bis) of its Statute, and notes the fact that the aforementioned government had not replied to the Commission within the period of 180 days established by Article 51 of the Regulations.
The Commission believed that there was no point in making any recommendations to the aforementioned government of the kind envisaged in Articles 9, paragraph b and 9 (bis), paragraph b of its Statute, in view of the silence of the Cuban authorities on the matter, and it therefore decided to make known to the General Assembly the proper assessment of the facts of the denunciation.
In the operative part of the resolution, the Commission takes as proven the facts of the denunciation, based on Article 51 of the Regulations, and points out to the Assembly that these constitute a very grave violation of the right to liberty, security and integrity of the person (Article I of the American Declaration), and that the Government of Cuba is thus charged.
This resolution was transmitted to the Government of Cuba in a note dated June 15, 1973, and made known to the General Assembly of the Organization in the annual report corresponding to that year.14
3. In a communication dated April 5, 1974, which was included in case 1905, appears a list of political prisoners in the prison of Guanajay, Province of Havana, who are suffering ill-treatment and lack of medical care. The list is as follows:15
Teodoro González Alvarado.
139. Félix Medina Duarte
140. Raúl Morales López
141. Baldomero Pérez Alvarez
142. Ignacio León Dany
143. Miguel Martínez
144. Mariano Guzmán
145. Nemesio Ruiz Pérez
146. Felipe Escalada Montalvo
147. Guillermo Escalada Montalvo
148. Arnaldo Ramos Yaniz
149. Pedro Valladares García
150. Emilio Caravajal Rodríguez
151. Eusebio Velix Costa
152. Máximo Paz Gamboa
153. Fernando Fernández
154. Miguel Mendoza
155. Juan Reyes Morales
156. Marco Tulio Beruff Pérez
157. Pable R. Planas Ojedavo
158. Francisco Tamayo
159. Juan Machin
160. José Roig Rodríguez
161. Evariste Bermúdez
162. Gonzalo Fernández
163. Francisco José Perez Herrera
164. Jesús Silva Pontigo
165. Sergio Montes de Oca
166. Alberto C. Jans Padrón
167. Víctor Miguel Canton Gómez
168. Jesús Rodríguez Mosquera
169. Osvaldo Fernández Izquierdo
170. Alfredo Mustelier Nuevo
171. Rolando (Fernández) Castro (Ferrando)
172. Eugenio Ledon Aguilar
173. Enrique Costa Vázquez
174. Juan Valeés Terán
175. Gustavo Areces
176. José R. González Llerena
177. Ramón Cueto Pérez
178. Miguel A. Alvarez
179. Nicolás Morejón Rodríguez
180. Gabriel González
181. Mario Echavarria Camejo
182. Rigoberto Pérez Roque
183. Reinaldo Blanco Betancourt
184. Gerardo Martínez Pérez
185. Elio Curiel Ortega
186. Ovidio González Carmenate
187. Angel L. Marti Brizuela
188. Israel Galán Garces
189. Federico Rodríguez
190. Carlos Betancourt Rodríguez
191. Eusebio Peñalver Mazorra
192. Heriberto Bacallao Espinosa
193. Armando Yong Martínez
194. Ismael Hernández Luis
195. Eloy R. Rodríguez
196. Santiago Rodríguez Barban
197. Vicente Rodríguez Molina
198. Mateo Rodríguez Rodríguez
199. Leduvino Segura Segura
200. Rene Cruz Cruz
201. Pablo Palmiemi Elie
202. César Mas.
203. Manuel Almaguer Garrido
204. Orlando S. García Plasencia
205. Ramón Grau Alsina
206. Eduardo Capote Rodríguez
207. Pablo Prieto Castillo
208. Eduardo Capote Rodríguez
209. Francisco S. Grau Sierra
210. Reinaldo Regueroa Gálvez
211. Alberto Qadaz Acosta
212. Ignacio Cuesta Valle
213. Elio Leal Sánchez
214. Luis Ruiz
215. Norberto Belaunzaran
216. Daniel Reyes
217. Ivo Guerra
218. Alberto Grau Sierra
219. Mario Chanes
220. Tirso Alvarez
221. Eduardo Carreras Vallina
222. Eleno Oviedo
223. Lázare Quiñones
224. Guido Valiente Briban
225. Humberto Victorado
4. Other documents that form part of the aforementioned case include a list of political prisoners in different places in Cuba who are presumably in the same situation as those of Guanajay. The list is as follows:16
1. José Miguel Exposito Carbonell
2. Enrique García Cuevas
3. Orlando Roberto Morffi
4. Diosdado Camejo
5. Roberto Cardes
6. José Bauro Blanco M.
7. Rolando Borges Paz
8. Marcelo Melgado Cruz
9. Orestes G. Morales González
10. Rene Marcial Matos
11. Roberto Martín-Pérez Rodríguez
12. Félix Lima
13. Fabian Luzardo Díaz
14. Arnoldo Hernández Luego
15. José Antonio Jiménez Caballero
16. Gregorio González González
17. Juan de Dios Alfredo González Ruíz
18. Amado García Vega
19. Conrado Gómez García
20. Roberto del Toro Frometa
21. Juan Vicente Delgado
22. Juan José Luis Colina Alemán
23. Alberto Cruz Cancio
24. Joaquín Chayin González
25. Georgina Cid Crespo
26. J. I. Carreño
27. Mamerto Casana Pérez
28. Enrique Borges Rodríguez
29. Rolando Boue Trueba
30. Pelaxo Lasa Parla
31. Raúl Ledón Pérez
32. Enrique Arias Arias
33. Norberto Belausaran López
34. Matías Alonso Aquino
35. Alberto Alvárez de la Campa B.
36. José Vega García
37. Elier Viamonte Espin
38. Pablo Castellanos Caballero
39. Lutgardo Castellanos Vázquez
40. Huber Matos
41. Domingo Miranda Suárez
42. José Agustín Torres Sirule
43. Rafael Turino Ibáñez
44. Julio Rodríguez Lamelas
45. Roberto Rodríguez Montoro
46. Armando Cubria Ramos
47. Ernesto de la Fé
48. Alfredo Vilas Fajardo
49. José Ignacio Yaniz
50. Ismail Valdes Gueinaga
51. Gregorio Francisco Valdes Paz
52. Hilario Suárez
53. Angel Tojeiro Diaz
54. Carlos Serrer
55. Rene Sotolongo
56. Ofelia Emérita Rodríguez Roche
57. Domingo Sánchez Ortega
58. Damaso Enrique Rodríguez Pons
59. Luis María Rodríguez Requeira
60. Luis Rodríguez Fuentes
61. Mario Rodríguez Quintana
62. Ramón Portal Medel
63. Lino Guillermo Rivero Acosta
64. José Piloto Mora
65. Carlos Pons Wottu
66. Rubén Perez Rios
67. Gabriel Lupo Pichardo González
68. Arístides Pérez Montañés
69. Orlando Pérez Oliva
70. Antonio Pérez Borrego
71. Luis Pérez Dias
72. Pedro Pedraza Portal
73. José Oriol Pedraza Felipe
74. Mario Pacheco
75. César José Páez Sánchez
76. Abel Nieves Morales
77. Newton Rafael Orihuela del Toro
78. Israel Abreu Villareal
79. Reinaldo Aquit Manrique
80. Vidal A. Arocha
81. Pedro M. Baquet
82. Eduardo Cuencio Sobrino
83. Luis de los Santos Naranjo
84. Braulio Echeverría Martínez
85. César F. Ga
86. Federico Rodríguez L.
87. Lázaro Sesti Martínez
88. Zo Su Gónzález
89. Heriberto Trujillo León
90. Amado González Rodríguez
91. José Luis Márquez
92. Carlos Mosquera A.
93. Onirio Nervin
94. Francisco Rosello Melis
95. Fernando Ruiz Arias
96. Mario Salabarría de Aguiar
97. Noel Salas Santos
98. Juan Sosa Hernández
99. Giraldo Cribeiro Ruiz
100. Antonio de Jesús Cruz del Rio
101. Roberto Cue Corron
102. Antonio Cuest
103. Angel D’faua
104. José Prendes Heria
105. Tomás Pedro Regalado Molina
106. Enrique A. Reveredo
107. Roger Reyes Hernández
108. Mario Reyes Molina
109. Alejando Neve Alvarez
110. Alejo A. Oriega Mora
111. Miriam Ortega
112. Celestine Manuel Palomo Copo
113. Angel E. Pardo Mazorra
114. Norma Arreu Guerra
115. Gilberto Aguiar Yero
116. Héctor Albor Barbieri
117. Leonel Almeida Matos
118. María Magdalena Alvarez
119. Ricardo Alvarez Falcón
120. Jorge Jesús Arrastia Juarez
121. Gonzalo Lázaro Bartet González
122. Santiago Bayolo Guerra
123. Apolonio Jorge Luis Santos Bermudez Cambar
124. Belio R. Blanco Soto
125. Julio Antonio Camacho Pérez
126. Eduardo Francisco Capote Rodríguez
127. Juan Florentino Cardenas Rosello
128. Jesús Carrazana Quintero
129. Pedro José Casas Carrillo
130. Carlos Manuel Casanova Lagos
131. Pedro A. Comeron Pérez
132. Ramón B. Conte Hernández
133. Jorge Guzmán Chaple
134. Eduardo de Juan Machado
135. Rafael del Pino Siero
136. Raúl Eduardo del Valle Vilarde
137. Milagros Delgado Gónzales
138. Oscar Fernández Llorente
139. Enrique Fernández Ruiz de la Torre
140. Ramón Norberto Fernández Velazquez
141. Enrique Díaz Correa
142. Juan Fonseca
143. Dora Delgado Soulary
144. Jesús Díaz Casanova
145. Plácido Díaz Millo
146. Segundo de la O Elejalde Cepero
147. Fernándo Fernández García
148. Félix Peña
149. Heliodoro Pérez Lizano
150. Amado Perdomo Herrera
151. Rigoberto Perera López
152. Plácido Edito Pérez Mendoza
153. Juan Rodríguez
154. Remigio Rodríguez Pérez
155. Nelson Rodríguez Pérez
156. Eugenio Raúl Rodríguez Pozo
157. Araceli Rodríguez San Román
158. Orlando Pérez Pérez
159. Reinaldo Pérez Rodríguez
160. Rogelio Pineda Reyes
161. Jesús Polo Montes de Oca
162. Saturnino Polon Pinero
163. Estrella Caridad Riesgo Hernández
164. Pedro F. Rivero Moreno
165. Patricio Rodríguez
166. Oscar Rodriguez Terrero
167. Amado Jesús Rodríguez Fernández
168. Angel Rosendo Rodríguez Román
169. Luis Rojas Pérez
170. Roberto Rojas Venereo
171. Dagoberto Romero Figueredo
172. Manuel Eugenio Romeu Fernández
173. Miguel Toledo Barrial
174. José A. Valdés Terán
175. Laureano Valdés Gallardo
176. Juan A. Valdés Terán
177. José Enrique Vázquez Rosales
178. Manuel Saras Nicolaides
179. José Soto
180. Alejandrina Sánchez Vda. De Márquez
181. Domingo P. Suárez Espinosa
182. José Luis Teresa Alvarez
183. Pedro Roberto Vera Ortiz
184. Ramón Olegario Vivas Fernández Coca
185. Leandro Alberto Wals Ríos
186. Vicente Osvaldo Zubero Valdivia
187. Joaquín Félix Freire Cruz
188. Lázaro Frile Vichot
189. Gilberto Edigdio Fundora Alcázar
190. Juan Ferrer Ordóñez
191. Jesús Garabote Fernández
192. Cristóbal Manuel García
193. Juan Garcia García
194. Eduardo García Manzanares
195. Julio García Serrano
196. Julio Antonio Gómez Madam
197. Vicente Paul González Migoyo
198. Luis González Rojas
199. Luis Gonzáles Marcilio
200. René González Sosa
201. Alberto González Tapanos
202. Pedro Anastasio Gutiérrez Rodríguez
203. Félix Orlando Hernández Pérez
204. Justo Ramón Laucerica Bolano
205. Eduardo Lorenzo Cidre
206. Lawrence Kirby
207. José Marcino Valdez
208. Criselda Martínez
209. José Helidoro Martínez Rodríguez
210. Gilberto Medaro Polven
211. Manuel Alberto Molinero Castillo
212. Luis Ontero Carranza
213. Elias Montoya Segura
214. Daniel R. Morales León
215. Rolando Basilio Moréjón Cuirado
216. Francisco Javier Navarrete Kndelan
217. Pablo Castellanos Caballero
218. Blan Camacho García
219. Reynaldo Cordero M.
220. Juan R. Cruz
221. Orlando Muñez
Juana Lydia Corbanell.
1. Article I of the American Declaration on the Rights and Duties of Man (Bogotá, 1948). The same right is consecrated by Article 3 of the Universal Declaration of Human Rights (United Nations, 1948).
The Cuban Constitution of 7 February 1959 (Official Gazette of the same date) lays down:
Article 25. There shall be no death penalty. Exceptions shall be made in the case of members of the armed forces, forces of repression organized by the dictatorship and of their auxiliary bodies, of armed groups privately organized to defend it and their helpers, for crimes committed in defense or for the reestablishment of the dictatorship that was overthrown on December 31, 1958.
Exceptions shall also be made in the case of persons guilty of treason or subversion of the institutional order or of espionage in aid of the enemy in times of war with a foreign country.”
2. Case 1604, in the files of the Commission. This case was originally denounced to the Commission on 8 November, 1968 and is mentioned in the Second Report on the Situation of Political Prisoners and their Relatives in Cuba (doc. 6-23 rev.1 p.16), in the chapter on the Right to Protection from Arbitrary Arrest.
3. OEA/Ser.P/AG/doc.409/74. Fourth Annual Meeting, pages 75-78. For complete text of the resolution, see Appendix II.
4. Case 1726, in the Files of the Commission.
5. OEA/Ser.O/AG/doc.409/74 supra. For complete text of the resolution, see Appendix III.
6. Case 1805, in the files of the Commission.
7. See Appendix IV for complete text of this resolution.
8. Case 1805, in the Commission files.
9. Case 1834, in the Commission Files.
10. See the complete text of this resolution in Appendix V.
11. Article XVIII and XXV of the American Declaration of the Rights and Duties of Man. Similar rights are set forth in Articles 6, 9, and 10 of the Universal Declaration of Human Rights.
Articles 26, 27, and 28 of the Basic Law of Cuba, mentioned earlier, guarantees the right to a affair trial and protection against arrest.
Article 26. The Penal Procedures Law shall establish guarantees that every crime is to be proved independently of the testimony of the accused, his spouse and his relatives four times removed if blood relations and twice if by marriage. Anyone accused of a crime shall be considered innocent until convicted.
In all cases the authorities and their agents shall make a written record of the arrest which the person detained shall sign, and he shall be informed of the authority ordering his arrest, the reason for his arrest, and the place he will be taken to; all this information shall be contained in the document covering the arrest. The records of persons under detention and prisoners are public documents.
Any act committed against the personal integrity, security and honor of a person under detention shall be chargeable to those who apprehended him or his guards, unless proven to the contrary. A subordinate may refuse to comply with any orders which violate this guarantee. Any guard using a weapon against a person under detention or a prisoner attempting to escape shall necessarily be held to blame and responsible under law for any crime committed.
Political or social detainees or prisoners shall be housed separately from common criminals and shall not be required to work nor be subject to the penal regulations applicable to common prisoners. No detainee or prisoner shall be held incommunicado.
Violations of this type, no matter what the place, circumstances or persons taking part in the detention, may only be tried in regular courts.
Article 27. Any person arrested shall be released or turned over to competent judicial authorities within twenty-four hours of his arrest.
Any detention may be suspended or increased to imprisonment by a justified court order issued within seventy-two hours of the time the person detained was brought before the competent judge. The interested party shall be notified of such court order within the same period.
Persons under preventive arrest shall be kept in places that are different and completely separate from those housing prisoners serving sentence, and may not be compelled to perform any work nor to comply with penal regulations covering those serving sentence.
Article 28. No one shall be tried or judged except by a competent judge or court, under laws in effect prior to the crime, and with all the procedures and guarantees established by those laws. No sentence shall be passed on a defendant for contempt of court, nor shall he be convicted for such reason.
12. Case 1710 of the Commission files. This communication was not transmitted to the Cuban Government with a request for information because of its general nature. The Commission decided to keep it in mind for examination, and the claimant was so notified.
13. Case 1721, in the Archives of the Commission.
14. OEA/Ser.P/AG/doc.409/74, above. See the complete text of the resolution in Appendix VI.
15. Case 1805, above. Regarding the processing of this case, see Chapter I, A, No. 3 of this report.
16. Case 1808 cited. With regard to the proceedings, see Chapter I, A, No. 4 of this report.