Human Rights Watch
CUBA'S REPRESSIVE MACHINERY
http://www.hrw.org/reports/1999/cuba /
"Over the past forty years, Cuba has developed a highly effective machinery of repression. The denial of basic civil and political rights is written into Cuban law. In the name of legality, armed security forces, aided by state-controlled mass organizations, silence dissent with heavy prison terms, threats of prosecution, harassment, or exile. Cuba uses these tools to restrict severely the exercise of fundamental human rights of expression, association, and assembly. The conditions in Cuba's prisons are inhuman, and political prisoners suffer additional degrading treatment and torture. In recent years, Cuba has added new repressive laws and continued prosecuting nonviolent dissidents while shrugging off international appeals for reform and placating visiting dignitaries with occasional releases of political prisoners.
This report documents Cuba's failures to respect the civil and political rights enumerated in the Universal Declaration of Human Rights (UDHR) as well as the international human rights and labor rights treaties it has ratified. It shows that neither Cuban law nor practice guarantees the fundamental rights enshrined in the Universal Declaration. Cuba's obligation to respect the declaration arises from its incorporation into the United Nations Charter, rendering all member states, including Cuba, subject to its provisions. The UDHR is widely recognized as customary international law. It is a basic yardstick to measure any country's human rights performance. Unfortunately, Cuba does not measure up"
Codifying Repression
http://www.hrw.org/reports/1999/cuba/Cuba996-03.htm#P64... "The Cuban Criminal Code lies at the core of Cuba's repressive machinery, unabashedly criminalizing nonviolent dissent. With the Criminal Code in hand, Cuban officials have broad authority to repress peaceful government opponents. Cuba's criminal laws are designed to crush domestic dissent and keep the current government in power by tightly restricting the freedoms of speech, association, assembly, press, and movement.
Cuban authorities go through strained circumlocutions to deny the existence of political prisoners in Cuba. Despite admitting that Cuban law bars vocal opposition to Castro and other officials, Cuban Justice Minister Roberto Díaz Sotolongo claimed in an interview with Human Rights Watch that Cuba holds no political prisoners. He said that Cuban criminal laws only penalize conduct, not thought, and as an example, distinguished between the illegality of committing an overt act in the furtherance of a murder versus the legality of merely thinking about it.57 Yet numerous Cuban criminal provisions explicitly penalize the exercise of fundamental freedoms while others, which are so vaguely defined as to offer Cuban officials broad discretion in their interpretation, are often invoked to silence government critics.
Cuban authorities regularly refer to peaceful government opponents as "counterrevolutionaries." But Cuba's invocation of state security interests to control nonviolent dissent—for acts as innocuous as handing out "Down with Fidel" flyers—represents a clear abuse of authority. Under the Universal Declaration of Human Rights restrictions of fundamental rights are only permissable:
for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.58
Cuba's efforts to silence critics fall well outside these limits.
An international team of legal scholars, diplomats, and U.N. rights specialists, meeting at a 1995 conference in Johannesburg, South Africa, drafted a set of principles that provide further guidance regarding permissable justifications for restricting rights. In particular, the Johannesburg Principles on National Security, Freedom of Expression and Access to Information distinguish between legitimateand illegitimate invocations of national security interests. Legitimate reasons to invoke national security interests are:
protecting a country's existence or its territorial integrity against the use or threat of force, or its capacity to respond to the threat or use of force, whether from an external source, such as a military threat, or an internal source, such as incitement to violent overthrow of the government.
In contrast, illegitimate justifications for invoking national security interests include:
protecting the government from embarrassment or exposure of wrongdoing, or to entrench a particular ideology, or to conceal information about the functioning of its public institutions, or to suppress industrial action.59
The Johannesburg Principles also specify that certain types of expression should always be protected, including criticizing or insulting the state and its symbols; advocating nonviolent change of government or government policies; and communicating human rights information.60 Cuba's state security laws violate these principles, illegitimately restricting fundamental rights both in the phrasing of the laws themselves and in their application against nonviolent dissidents.
The human cost of Cuba's repressive Criminal Code is high. Thousands of Cubans have faced wrongful prosecutions and imprisonment since the Castro government came into power in 1959. Despite growing international criticism of the Criminal Code, the Cuban government has roundly refused to reform its most offensive provisions and has continued arrests and prosecutions of government opponents, detailed below at Prosecutions Continue and Routine Repression.
In the past two years, Cuban prosecutors have relied heavily on the provisions against enemy propaganda and contempt for authority (desacato) to silence dissent. Prosecutors also have tried dissidents for defamation, resisting authority, association to commit criminal acts (asociación para delinquir), dangerousness (elestado peligroso), and other acts against state security (otros actos contra la seguridad del estado) during this period. Cuba's prisons confine scores of citizens convicted for the exercise of their fundamental rights, or in some cases, convicted without ever having committed a criminal act, for dangerousness. Cuba also detains nonviolent political prisoners who were tried for crimes against state security, such as enemy propaganda, rebellion, sabotage, and revealing secrets concerning state security. Individuals convicted of state security crimes for having exercised their fundamental rights often are serving sentences of ten to twenty years. Prisoners also are wrongfully serving sentences for contempt for authority and illegal exit. The government's inhuman treatment of its detainees, which in some cases rises to the level of torture, is detailed below at General Prison Conditions, Treatment of Political Prisoners, and Labor Rights: Prison Labor."