Annual Report on the Situation of Human Rights in Cuba submitted before the 58th Session of the United Nations Commission on Human Rights

by the Foundation for Human Rights in Cuba, March 2002

Executive Summary

During the year covered by this report -February 2001 through February 2002- the status of human rights in Cuba remained deplorable. All legal and institutional instruments of repression continued to be used against human rights activists, members of independent civil society and the internal political opposition. The socio-political structures that define the totalitarian Cuban state were also utilized as tools to dispense repression on these individuals. All institutions within Cuban society are designed with this end in mind-to restrict individual freedom and control all aspects of Cuban life. In Section b, Article 123 of the Communist Constitution it is stated that one of the principal objectives of the Cuban judicial system is to "safeguard the economic, social, and political regime established by the Constitution." This is defined under article 5 which further explains that the "Communist Party is the driving force behind society and the state." The highest ranking official within the Communist Party is Fidel Castro, who in addition to holding the rank of First Secretary of the Communist Party, is also President of the Council of State, President of the Council of Ministers, and Commander and Chief of the Armed Forces. There exists no freedom of movement for Cuban citizens. In order to travel outside of the island, citizens need to be granted a permit (known as the 'white card') by the government. Relocating even within the island is severely restricted by decree 217, established on the 26th of April, 1997, which prohibits individuals who live in the interior of the island to move to Havana, the capital city. According to the text of the decree, any person that needs to stay for more than a 30-day period in the capital is required to inform the so-called "Committees for the Defense of the Revolution" which are present in every city block and report all information directly to State Security. The year analyzed in this report

is characterized by an upsurge in repression against activists within independent Cuban civil society (journalists, members of the independent cooperatives, librarians, unionists, etc.) using intimidation and harassment, and in many cases physical violence. New forms of repression, such as kidnapping and forced relocation, were also used against activists. In the two months prior to this report alone, there were 14 acts of repression against activists including an assault against members participating in the inauguration of the "Emannuel" independent library in the province of Camagüey and an assault against individuals participating in the IV Annual conference of Independent Cooperatives where there were more than 20 arrests, 10 injured individuals, and 7 others who were temporarily detained. In yet another very public and forceful act of repression, the government arrested more than 50 individuals across the country that were participating in a celebration of International Human Rights Day on December 10th of 2001. In the majority of cases, those detained were set free after 24 hours, although many of those were subjected to acts of physical violence during their time in detention. There were 5 such separate incidents reported on this day in the provinces of Havana, Matanzas, Villa Clara and Camagüey. The conditions in Cuban

prisons continue to be deplorable. The regime continued to deny medical assistance to political prisoners as a form of punishment as well as employed systematic beatings and other forms of torture such as handcuffing prisoners to cell doors and leaving them there for hours at a time. There are also various cases of violations against the general prison population (those who are not in prison for political reasons). The regime is more frequently using arbitrary deportation, eviction, and the use of physical violence against those who engage in independent commercial activities. In general, the Cuban government continues to violate the human rights of its citizens with impunity. None of the legal mechanisms created by the regime to restrict freedoms and deny Cubans their most basic rights has been changed, on the contrary, these measures have become increasingly repressive in nature and practice. This report was made possible largely due to the courageous reports and denunciations of individuals on the island who put their personal safety and security at risk so that the world may know the severity of human rights violations in Cuba. Right to Life

The violation of this right in Cuba is fundamentally manifested through the brutality of the police forces within the prison system as well as outside of the prison walls. There were deaths caused by the denial of medical assistance to political as well as common prisoners. This report details 9 deaths since February of 2000 until August of 2001, all of these took place within Cuban prisons. Because of the critical importance of these cases, we have provided a brief summary below: 1. Marcelo Diosdado Amelo Rodriguez: Political prisoner-resided at: Prolongacion de Calvario between Prolongacion de Corona and Calle 3, neighborhood of Veguidita de Galo in Santiago de Cuba, Cuba. Died at 11:00am on the 20th of May of 2001 in the hospital of Saturnino Lora de Santiago de Cuba, after having been transferred to this center belonging to the prison Aguadores. Prison authorities waited over 15 hours to take him to the hospital even though they had been given notice many times that the prisoner was complaining of severe pains. During the funeral procession, there were various peaceful protests carried out by his friends and fellow activists of different organizations who were subjected to physical violence carried out by State Security agents. (see attachment 1) 2. Damaso Aquino del Pino. Political prisoner, age 63. Died on the 23rd of April of 2001 at the prison of Canaleta, province of Ciego de Avila, because he was denied medical attention during a heart attack. 3. Jorge Fernandez Rodriguez. Common prisoner, age 31. Resided at: Building #4, apartment 2, in the neighborhood of Ramon Carita, in the province of Sancti Spiritus. He died on the 18th of February of 2001 at 4:50am at the Provincial Prison of Sancti Spiritus because he was denied medical care during a diabetic coma. The authorities of the prison never notified his family members about his health condition.

 4. Eduardo Wilson Salazar. Common prisoner, 36 years of age. He was housed on floor 3B, unit 1, of the Provincial Prison of Guantanamo. He died on the 16th of September of 2001 because he was denied medical attention during a brain aneurism. At the prison infirmary he was denied attention even though he was complaining of painful headaches. They claimed that he was "faking" his illness. 5. Alfredo Gonzalez Sifonte- Resident of the

city of Jagueyal n the Venezula municipality, province of Ciego de Avila. March 20, 2001, he was found strangled after having been threatened by the police who arrested him. 6. Jorge Luis Flores and Jorge Luis Ortiz Acuña: Both were common prisoners that were housed at the high security prison of "El Guayabo" on the Isle of Youth. They committed suicide on March of 2001 because they were physically mistreated, assaulted, and denied medical attention while in detention. 7. Raiko Alvarez Mirat: 25 years old-resided in the Obrero neighborhood of the city of Cabaiguan. He was strangled in a prison in Vicac of the province of Sancti Spiritus after having been threatened by an official named Andres who threatened: "I will tear you apart." Executions Francisco Chaviano Gonzalez: Prisoner of conscience, reported that Alexis Cuesta Garcia and Victor Fortune Vidal, were executed by firing squad at the Combinado del Este prison on March 25th, of 2001 and April 24, 2001 respectively. Other cases of police

brutality: 1. Francisco Puchade Alex: 37 years of age. Resided in San Felix #404, between San German and San Jeronimo in the city of Santiago de Cuba, received a brutal beating in his own home at the hands of policeman Amaury Alfredo Coca. As a result, Francisco sustained trauma to his brain and now has frequent convulsions. Purchade Alex was detained for five days by the PNR at station 2 located on San Jeronmio at the corner of Corona where he was denied both family visits and medical attention. 2. Juan

Carlos Alvarez. 25 years of age. Resided on Libertad #90, in the neighborhood of Marabu, in San Juan and Martinez, in the province of Pinar del Rio. He was shot in the leg by a policeman named Alexis, who then left the scene leaving the injured Juan Carlos to be taken to the hospital by neighbors who witnessed the shots. Right to Property The regime

continues to apply Law 217 related to internal migration. According to this law, the residents of the other provinces are required to apply for special permits to live in the capital city of Havana. The practice of arbitrary searches and confiscation of personal property of those who are traveling on roads connecting the provinces also continued. There have been multiple reports denouncing the confiscation of informational materials sent from outside the island to independent libraries and human rights activists by Cuban Customs. December 27, 2001. City of Havana. Authorities from the Municipal Housing Department of Central Havana imposed an order of deportation to the province of Ciego de Avila to one and a half year-old Carlos Miguel Consuegra de Armas and his mother. The relocation was imposed on them even though the child's father, Miguel Angel Consuegra Surria, was born in the City of Havana and met all of the necessary requirements to continue residing there. December 20, 2001. Puerto Padre, Las Tunas. Authorities of the Municipal Housing Department imposed fines of 500 pesos on 58 year-old Joel Suarez Bello and 33 year-old Mirta Lopez Perez for residing in territories "reserved for the State." Both were forced to leave the area with their young children as their homes were destroyed. December 8, 2001. Sandino, Pinar del Rio. Osvaldo Fonte Rodriguez and Sergio Verano Segui were detained by State police close to the city of Cortes. The policeman took their possessions in order to trade them with local farmers for food. The two individuals were additionally fined 60 pesos each.

December 23, 2001. Campechuela, Granma. Two agents of the PNR whose nicknames are "Marciano" and "Cotitis" broke into the home of 41 year-old Rafael Gutierrez Delgado and informed him that he was under arrest for cooking beef for his own personal consumption. His fear of being sent to a Cuban prison caused him to commit suicide. October 15, 2001. City of

Havana, Villa Clara and Pinar del Rio. The Customs Service confiscated informational materials sent to Carmelo Diaz Fernandez, Lester Gonzalez Penton, and Jose Ballar Ochoa, respectively, alleging that they went "against the general interests of the nation" (Attached are copies of the Customs report are attached.) November 14, 2001. Camagüey. Functionaries of a foreign money exchange office (CADECA) refused to allow Pedro Collado Rodriguez to exchange pesos for dollars stating that he had already made various exchanges in the past few days. Collado Rodriguez has a visa to travel to the United States and needed to buy dollars because the Cuban government requires that all fees related to travel be paid in U.S. dollars. November 9, 2001. Municipality 10 de October. City of Havana. Agents of the PNR arrested three individuals who were selling dollars near a local money exchange office located on Calzada de Diez de Octubre street between Rodriguez and Clazada de Luyano. Freedom of Expression. The

Right to receive and distribute information Free access to the internet or to international phone calls does not exist. The Cuban government is the only provider of internet service (ISP) authorized in the country and it maintains very strict laws, such as the 1996 law 209 which limits internet access. A recent report from the NGO Reporters without Borders titled: "Enemies of the Internet" signals that "Cuba is the only country in Latin America that maintains total control of the internet…..all of the internet traffic is centralized to one sole computer which utilizes filters to censure information….e-mails that are sent from the exterior of the country arrive hours after having been sent while others never arrive to the intended party." Cuban citizens that wish to call outside of the country need to solicit a connection through a Cuban operator which then allows the operators to control and monitor all international phone calls. On the 21st of March of 1995, the government established Decree 157 which prohibited the use of satellite antennas to capture television programs broadcast outside of the country. Starting in January of 2002, computer parts and accessories were banned from being sold to Cubans in any of the state-owned stores. Similar circumstances can be observed in the educational and cultural sector where article 38 of the Communist Constitution declares that the "educational and cultural policies are based on Marxist Leninism." Article 22 is even more direct when it affirms that it only recognizes "a citizen's right to speech and press when it conforms to socialist society." December 26, 2001. Guanabo, City of Havana. Katia Gonzalez Linares, librarian and sixth grade teacher at the school Mariteres de Angola, was expelled from her job for expressing her belief that the Cuban government does not take care of the environment. Her dismissal was a product of a meeting that two fellow professors Magaly Rubio and Loyda Abreu held with Ms. Linares' students. The victim was not permitted to be present during the meeting, where one of her students Grisy Rodriguez and her father, a member of the Communist Party, made accusations against her. November 2, 2001. Sandino, Pinar del Rio. 50 year-old Bienvenido Velazquez Slabarria was arrested and beaten by a group organized by Yoel Vazquez, a member of the DSE, for complaining about the frequency of power outages in the area. Velazquez was detained for 120 hours and was fined 300 pesos. His aggressors were identified as a State official with the last name of Crespo and an individual whose nickname was "Mellico" or "Twin." Repression

against independent commercial activities Contrary to the regime's claims of so-called "economic reforms" it continues to assault and repress those who tried to participate in independent economic activities. Although the government does permit some very limited private economic transactions as is evidenced in the "paladares" or home-run restaurants, and a limited amount of licenses granted to make minor repairs on homes, the means of production and the ability to carry out significant economic exchanges remains in the hands of the State. Cuban citizens do not have free access to participate in open, independent economic activity because what the small sector that the government does not control is given to a select group of foreign investors. A report published by the Heritage Foundation ranks Cuba 152nd among 156 countries on the Economic Freedom index. The

same report states that "Cuba does not allow individuals to own private property. While some individuals are permitted to operate very small businesses, the government can confiscate all of the earnings if these individuals are found guilty of "illicit benefit." There are no legal channels with which to enforce contracts, and the Cuban government does not permit international arbitration in commercial disputes." According to yet another report done by the United States department of State, "The Communist party controls all government positions, including judicial appointments. The power of the judiciary is completely subordinate to the government and to the Communist Party." Some of the more recent cases illustrate this point: December 6, 2001. Manzanillo, Granma. A chief of the sector of the PNR known by many as El Sutil, prohibited sisters Fidelina and Carmen Leon Alba from buying agricultural products in the rural area known as El Remate. This prohibition was imposed even though both individuals pay a tax which allows them to legally re-sell these products. The products were confiscated and a fine was imposed on both.

December 2, 2001. Habana Vieja, City of Habana. Three PNR agents forcefully evicted a group of handicapped individuals who were selling cards on the corner of Monte and Revillagigedo. The agents threatened the handicapped individuals with beating them with num-chucks (instrument used in martial

arts) and one of the officials threatened the group with a gun. November 29, 2001. Alquizar, Havana Province. Thirty street vendors were detained at 5:00am by PNR agents while they were traveling by bus. The bus was forced into following the state police into the station. They were later released at 8:00am and fined under the charges of "illicit commercial activity." All members of the group were residents of the neighborhood called LA Europa, located on Guanimar-Alquizar road in the province of Havana. Right to

Employment The Cuban government is the sole authorized employer on the island, therefore, all workers need to abide by certain established requirements in order to earn the right to employment. Decree 34, instituted on March 12, 1980, established that "one's political conduct at work in Cuba is fundamental to their ability to keep their employment. (See attachment 3) The politicization of employment in Cuba can be evidenced in a letter that was sent to an individual who was fired from his job where it states "he is an enemy of the government because he declares himself in favor of democracy and human rights." (See attachment 4) Employment is used systematically as a way of rewarding those who are loyal to the regime and of repressing those who oppose it. Lazaro de la Paz Abella, Secretary of the Youth division of the Pedro Luis Boitel Movement for Democracy, was expelled from his job in the sugar refinery "España Republicana" in Colon, a province of Matanzas, for refusing to participate in an assembly organized by the Communist Party labor organization. (See attachment 5).

Arbitrary Dismissal and Other Labor Rights Violations December 18, 2001. City of Havana. 60 year-old Jose Bejerano Aspellestier, director of the Provincial Base of Trucks for the Microbrigades of the City of Habana was dismissed from his job for 12 months for "offending the communist party."

December 7, 2001. Isle of Youth. Juan Antonio Mederos Fajardo, administrator for a store where industrial products are sold, was fired because of an anonymous letter that spoke ill of him. The order to fire Mr. Fajardo was given by the municipal director of the company, Ricardo Anabria Gonzalez. Mederos appealed his case before Barbara Castillo Cuesta, minister of the branch of operations. She responded that the Minister of Internal Commerce is not prepared to listen to these types of cases.

January 15, 2001, Santa Clara. Lester Gonzalez Penton, of the Nationalistic Civic Movement, was fired from his job as a baker in the bakery "La Gaviota" for expressing views deemed contrary to the political line during Communist union meetings. (See attachment 6) The Right to Free

Association and Meeting The only associations and organizations which are authorized to function throughout the country are those that are official, and whose directors are members of the Central Committee of the Communist Party. The authorities have ignored all of the petitions sent by human rights and political opposition groups as well as other civil society groups on the island, in direct violation of their own law which establishes a maximum of 60 days to respond to any legal petition by a citizen. The authorities repress any effort at assembly and association by members of independent civic groups. A wide-spread wave of repression was unleashed by these forces on June 4, 2001 in order to repress the acts in memoriam of the 2nd anniversary of the 40 day fast for "Freedom and Liberty," a fast which was organized by a group of activists in the home of Migdalia Rosado Herandez, located on Tamarindo Street #34 in Santo Suarez, City of Havana. Just in the capital city, more than 17 activists, including Migdalia Rosado were arrested. We also received reports of arrests during activities planned to commemorate the birth of Jose Marti in Guane, Pinar del Rio; arrests in the City of Havana and Placetas, Villa Clara were also conducted to try and stop acts of remembrance for the 4 Brothers to the Rescue pilots murdered over international waters. The Right to Trial and

Due Process There are no known changes in the Cuban legal system, which continues to be characterized by its political repression and the subordination of the people to the government. Article 52 of the Penal code establishes a crime known as "Dangerousness" where any citizen can be imprisoned without actually having committed a crime. The text describes that "a state of dangerousness may be established when an individual is likely to commit a crime. This is determined through the individuals conduct-particularly when they manifest a contradiction to the norms of socialist morality." The list of laws that are utilized to repress any time of discontent include Such as enemy propaganda, illicit association, rebellion, and dissemination of false news, among others. In the period covered by the this report there were several kangaroo court trials where defendants were not given their due process rights, among them were the trial of Jose Orlando Gonzalez Bridon, an independent union leader head of the confederation of Democratic Cuban Workers. His trial was held on May 25, 2001 where he was condemned to one year in prison for "Enemy Propaganda." Another notorious case was that of Isabel del Pino Sotolongo, president of the Humanitarian Association for the Followers of Christ, where she was falsely accused of threatening a Communist party member. She was sentenced without a defense attorney. Opposition member Miguel Lopez Santos, was also tried and sentenced for "Dangerousness" in a trial very similar to that of Sotolongo's. The Right to Education The regime

utilizes the school system to discriminate against those who do not share its ideology. December 6, 2001. Manzanillo, province of Granma. The chief of the sector for the PNR Ruy Nuñez Mena threatened the parents of the students of the Julio Antonio Mella secondary school with imposing fines if they refused to have their children participate in rural labor camp activities known as "Rural School Camp." June 4, 2001. Pinar del Rio. Isael Bauza Fraga, 5th grade student in the Pepito Tey school, was suspended from Spanish class for refusing to speak about the effects of the Helms-Burton law on the regime. The young student has been subjected to tremendous pressure by professors Maria Luisa Morejon and Felix Gonzalez because of his religious beliefs. April 16, 2001. San Miguel del Padron, City of Habana. Lisandra Gonzalez Valdes, daughter of political prisoner Jose Orlando Gonzalez Bridon, was disqualified from school for refusing to participate in political acts known as "Open Tribunals." Status of

Prisoners The conditions for prisoners in Cuba continue to be deplorable and constituted a serious health hazard for those in imprisoned. The authorities systematically employ the denial of medical assistance, religious visits (see attachment 7) and family visits as a way to repress and penalize prisoners. In some instances even sexual assault has been used against the wives of some political prisoners. Beatings and torture continue to be employed against prisoners as a way to "discipline" them. Prison guards also use intimidation by placing political prisoners in cells with the most violent criminals. As a result, many denunciations have been made against the Cuban government for such actions, and to date, no response had been received by government officials. On August 30, 2001, Yeseni Rodriguez Aguilar, wife of political prisoner Randy Cabrera Mayor, presented a claim against the Prosecutor Generals' office for the brutal beatings her husband, a political prisoner, had been subjected to in the Provincial Prison of Guantanamo (see attachment 8). Before the beatings, Yesenia Rodriguez Aguilar had filed a complaint that the so-called "re-educator" (those in charge of indoctrinating the "politically deviant") Arnaldo Rodriguez Vega, denied her a visit with her husband even though the conjugal visit had previously been approved by prison authorities. The following are some examples of prisoners who were denied medical assistance as a means of repression: Andy Frometa Cuenca, prison KM 51/2, province of Pinar del Rio Jose Orlando Gonzalez Bridon, prison Combinado del Este, City of Havana Arturo Suarez Ramos, prison Combinado del Este, City of Havana Jorge Garcia Perez "Antunez" prison Nieves Morejon, province of Sancti Spiritus Leoncio Rodriguez Ponce, prison La Pendiente, province of Villa Clara Luis Campos Corrales, prison of Moron, province of Ciego de Avila Humberto Eadio Real Suarez, prison Kilo 8, province of Camagüey Francisco Herodes Diaz Echemendia, prison of Boniato, Santiago de Cuba Yet another

well-documented case is that of political prisoner Belkis Barzaga Lugo, who is in the Provincial Prison of Matanzas, who declared herself on a hunger strike on August 8, 2000 in protest of the lack of medical attention. The majority of the other prisoners have also resorted to hungers strikes as a form of protesting the denial of medical care. Those who are infected with the AIDS virus are subjected to inhumane and degrading treatment. On the 9th of May of 2001, political prisoner Francisco Chaviano Gonzalez, president of the National Council for Civil Rights in Cuba, denounced from El Combinado del Este prison that Daniel de Jesus Reinada Garcia, a prisoner condemned to death and restricted to the zone of the prison known as the "Rectangle of Death," was systematically denied a visit from a priest and has been denied visits from family members for three months. Reinada Garcia has the AIDS virus. Another similar case is that of Raul Morales Gonzalez, who was denied a mattress and medicines that were brought to the prison of Canaleta by family members by a guard named Eduardo Sosa Diaz. These prisoners have attempted suicide out of desperation and due to the treatment they receive by prison guards. Dr. Oscar Elias Biscet, opposition leader imprisoned in Cuba Si prison of Holguin, some 768 kilometers away from his place of residence, was placed in a cell with a paranoid schizophrenic prisoner on April 18th with the purpose of having the insane prisoner physically harm Dr. Biscet. According to Elsa Morejon Hernandez, Dr. Biscet's wife, Dr. Biscet has been denied conditional parole even though he qualifies for parole under current Cuban law. In none of these aforementioned cases have the authorities attempted to remedy the situation by putting a stop to the abuses or provide some care for the prisoners. On the contrary, in the majority of these cases, the repression has been intensified. Different reports denouncing beatings against the following political prisoners were received: Randy Cabrera Mayor, Provincial Prison of Guantanamo Yorky Pineda Laurencio, Provincial Prison of Guantanamo Johnny Lavañino Matos, Provincial Prison of Guantanamo Jorge Luis Larrazabal Zulueta, Provincial Prison of Guantanamo Ramon Herrera Corcho, Prison La Pendiente, Villa Clara Reinaldo Calzadilla Paz, Provincial Prison of Holguin Rafael Gorrin Garcia, Provincial Prison of Holguin Delvis Cespedes Reyes, Provincial Prison of Holguin Bernardo Arevalo Padron, Prison El Diamante, Cienfuegos Juan de Dios Medina Vazquez, Priosn Ariza, Cienfuegos Ernesto Victor Lopez Conde, Prison Ceramica Roja, Camagüey Attachment 9 provides a detailed brief which includes information taken clandestinely from Kilo 7 prison in the province of Camagüey. The following are some of the reports received from within some of these prisons. Prison of Boniato, province of Santiago de Cuba. December 20th, 2001. Penal authorities systematically deny medical attention to prisoner Alberto Rodriguez Torres, who has serious lesions in both extremities as a result of being hit by a vehicle. The 29 year-old prisoner resides at 5th Street #19, in the neighborhood of Sagua, municipality of Julio Antonio Mella, province of Santiago de Cuba. December 5th, 2001. A prison guard whose last name is Kindelan, refused to provide medical attention for prisoner Reinaldo Calzada Muñoz, who had a serious lesion in his leg which he received on the 12th of October. The prison guard refused to take Calzada Muñoz to a hospital claiming that Muñoz had received the injury by playing in the prison yard. December 3rd, 2001. Authorities of the Interior Conduct office incited a common prisoner Silva Frometa Coca to attack political Eduardo Diaz Castellanos. When Diaz Castellanos complained about the assault, authorities handcuffed him to a steel door and they beat him with num-chucks (sticks used in martial arts). Diaz Castellanos stayed handcuffed for 24 hours and sustained severe lesions to his wrists.

December 3rd, 2001. Prison authorities denied medical attention to Eugenio Blanco Guzman, who is stricken with hepatitis, and has been ordered by a doctor to abide by a strict diet. According to a report by the Political Prisoners organization taken out clandestinely from the prison: "the prison official whose last name is Leon, told Guzman that because he is without food for a day it does not mean that he is going to die." Blanco Guzman was born in the Carretera Country Club, Finca Niña Bonita, in the Caney region of Santiago de Cuba. November 29, 2001. Guama Pino Sanchez, detained in department #9, section 3, was beaten by various prison officials for asking for medical attention. Pino Sanchez, who was blinded in an automobile accident, was taken to an office where he was repeatedly beaten in the face, and was handcuffed to a column outside of the office where he was left for a period of 24 hours. According to specialists, the prisoner is in need of several surgical procedures, however, he has not been granted permission to be given any kind of medical treatment. Prior to his arrest, Pino Sanchez resided at Lidia Esther #13-A, La Jata, Guanabacoa, in the City of Havana. Provincial Prison of Guantanamo (Also known as the Combinado de Guantanamo) December 6, 2001. A report provided by the Pedro Luis Boitel Political Prisoners organization detailed the horrible conditions in the prison for those who are stricken with life-threatening diseases. Water mixed with feces and urine is often filtered in through the floors and there is the danger of collapse caused by humidity and water leaks. Others point to the severe state of malnutrition for many of the prisoners. August 20, 2001. Guards from the prison savagely beat political prisoner Nestor Rodriguez Lobaina, president of the Cuban Youth Movement for Democracy, causing a jaw fracture. Lobaina has been kept with highly violent common prisoners who had previously issued him death threats. May 18th, 2001. The prison authorities did not permit political prisoner Nestor Rodriguez Lobaina to leave his cell in order to participate in a family visit and instead forced his wife Yunaydys Castillo Betancourt, his one year-old daughter Dayana Alejandra and his mother-in-law, Yunia Betancourt Columbie, to conduct the visit from his isolation cell. High Security Prison Kilo 7, Camagüey province. (Also known as "I lost the keys")

December 13, 2001. Prison authorities continually denied medical assistance to prisoner Alfredo Santa Vega, transferred to this prison from Canaleta prison in Camagüey. He was denied this assistance because he was the brother of Hector Santana Vega, another prisoner who participated in a prison escape in Canaleta. Alfredo Santana Vega has a severe prostate condition and psychiatric problems. November 22, 2001. A report sent clandestinely from a prison by the Pedro Luis Boitel Political Prisoners organization detailed various cases of denial of medical assistance, of malnutrition, and other cruel treatment on the part of the prison authorities. According to the document, asthmatic, diabetic prisoners, those with ulcers, with cardiovascular diseases or neuropathic afflictions were denied medication. Authorities beat Jualberto Gonzalez Solis, after handcuffing him, for demanding medical care. Prisoner Dionelson Suarez Napoles reported the following: "Early last month I was handcuffed to a cell door, without clothes, for two days, and deprived of any food. I am being threatened with being charged with the crime of 'disrespect' for speaking out against these physical and psychological abuses that are committed against us. I was sick for eight days with severe hemorrhoids and received no medical treatment. For the past 19 days I have been sleeping on a piece of plywood because they have taken the mattress out of my cell."

The prisoner Martin Hernandez Ramos confirmed that the "prison population suffers from severe malnutrition, it is alarming, and it is due to the menial rations of food given to the prisoners. According to this report, for lunch prisoners are given corn meal and bean soup (minus the beans) and for dinner they are given very little rice, a small piece of boiled yucca and whatever may be left over from their lunch. For breakfast they are given something called "tisane" which is made of several herbs that have not been identified. All in very miniscule portions. Provincial Prison of Holguin November 22, 2001. Rosaida Gonzalez, mother of political prisoner Julio Cesar Morales Gonzalez, petitioned the authorities for her son to be transferred from his cell where he was held with highly violent prisoners as a form of punishment for his political ideology. Morales Gonzelez, has already served 8 years of a 12 year term and should, under Cuban law, be granted conditional release-he remains in prison today. November 14, 2001. Juan Carlos Garcell, of the Oriental Free Press Agency reported that the Pedro Luis Boitel Political Prisoners organization reported that 9 physically incapacitated inmates in zone 9 of the prison were held in inhumane conditions and were systematically denied medical attention.

Other Prisoners February 9th, 2001. Combinado del Este. Maria Esther Valdes Suarez, wife of political prisoner Jose Orlando Gonzalez Bridon, was subjected to an embarrassing search where she and her daughter, who is underage, were forced to strip. In addition, prison authorities confiscated medicines Mrs. Suarez had brought for her husband. December 18th, 2001. Virgilio Mantilla Arango, of the Cuban Foundation for Human Rights provided a report from within the prison Ceramica Roja in the province of Camagüey, where it is stated that 32 inmates affected with tuberculosis have not received any medical attention. The report adds that in zone 6 of the prison there are 42 prisoners condemned to death, 14 of which are suffering from severe malnutrition, and 32 which are forced to sleep on the concrete floor because of lack of cots. December 15, 2001. Cecilio Gonzalez, a political prisoner held in Combinado del Este, in the City of Havana, declared himself on a hunger strike in demand of medical attention for damages caused to his eyes, genital areas, and his mouth. The 63 year-old Gonzalez is confined to building 4-North, 3rd floor, cell 1. November 23, 2001. Magalys de Armas, wife of political prisoner Vladimiro Roca Antunez, reported that her husband is suffering from chronic bronchitis. The 59 year-old Roca has been imprisoned since the 16th of July1997. November 22, 2001. Political prisoners Ernesto Duran Rodriguez and Misael Diaz Bauza, currently being held in Kilo 8 in the province of Camagüey. They were able to smuggle out a report from the prison which stated an official of the prison named Miguel Daniel Iglesias continually denies prisoners medical attention, even to prisoners like Israel Sierra, who are handicapped.

November 16, 2001. Norys Duran, mother of political prisoner Lazaro Constantin Duran, reported that her son was transferred from the prison Valle Grande to Carlos J. Finaly hospital, even though he was not ill and had not asked for medical attention. Norys Duran claims this is part of the psychological tactics that they use to torture prisoners. November 14,

2001. Alfredo Dominguez, of the Cuba Pro Human Rights organization, reported that 28 year-old political prisoner Jorge Peña Molina who is being held in El Tipico prison located in the province of Las Tunas. He is in critical condition due to the denial of medicines and medical attention for his stomach ulcer. As a method of punishment, the chief of the prison whose middle name is Suri threw out Mr. Molina's medical records. Repression

against members of opposition groups and human rights activists One of the latest tools of repression is the use of kidnapping, a tactic that State security use by detaining opposition leaders in the street or even in their own homes and then leaving them stranded in the late evening hours far from their places of residence. In many of these cases, these kidnappings include beatings and even simulated extra-judicial executions. On April 16th, 2001, four agents of the political police stopped Juan Carlos Gonzalez Leyva, president of the Cuban Foundation for Human Rights and Marcelo Their Piñeiro, of the Democratic Solidarity Party, in Ciego de Avila at 3:00pm. Both activists were beaten and forced into the police vehicles while neighbors protested their detention. They were later left several kilometers from their residences in the middle of a sugar cane field. They also confiscated $10 dollars and a cane Mr. Leyva, who is blind, uses to walk. That same day, in the City of Havana, agents of the

political police entered the home of Luis Osvaldo Manzaneira Cucalo, of the Center for Democratic Information, and they took him without letting his mother, Leocadia Caridad Cucalo Santana know his whereabouts. Luis Osvaldo was freed the following day in Bhaia Honda, in Pinar del Rio, various kilometers from his place of residence, all this following a vote at the UN Human Rights Commission meeting in Geneva to condemn Cuba for its human rights violations. In two similar cases, the independent journalist Maria del Carmen Carro, of the Center for Democratic information, was kidnapped in the city of Havana and taken outside the urban center after having been threatened repeatedly by a member of the political police who only identified himself as Enrique. In the city of Santa Clara, Beatriz Pahceco Nuñez, Evangelina Piedra and Martha Iyamila Arbolaez Hernandez, all human rights activists, were taken by force into a bus and left almost 20 kilometers away from their home in a rural area known as La Quinta, in order to prevent them from attending a mass for political prisoners at the church of Nuestra Señora del Carmen. Arbitrary searches and seizures of personal property without warrant or reason continue. On the 24th of

February of 2001, State security agents entered the home of Lester Gonzalez Penton at 4:00am. Mr. Penton's home is located on San Cristobal street #227 between Central and Ciclon in the City of Santa Clara. They proceeded to search his home without permission. Mr. Gonzalez Penton was detained for more than 12 hours in his home along with his wife and mother in law. All this was carried out without a search warrant or a warrant for Mr. Penton's arrest. Lester Gonzalez Penton, who is a member of the National Civic Movement, issued a complaint before the Provincial District Court in Villa Clara and to date has received no response. (See attachment 10) As a result of a vote to condemn Cuba's human rights practices in the UN Human Rights Commission, various detentions and arrests of members of opposition and civil society groups were arrested. In the city of Havana Mercedes Clementina Constantin, Manuel Hernandez Auino, Ileana Granja Prats, Jose Rene Valdes Pedreguera, Eusebio Morales Rivas and Jose Enrique Santana Carreira, were arrested on April 27th in public view. In addition, security police prevented opposition member Emilio Leyva from attending a meeting of opposition groups to take place in conjunction with the human rights vote in Geneva, by barricading his home. The acts of intimidation including the detention of 10 members of opposition groups in Ciego de Avila and Sancti Spiritus in order to prevent the inauguration of the 20th of May independent library, the arrest and kidnapping of other leaders in order to prevent the celebration of a mass for political prisoners for the Pedro Luis Boitel organization in the city of Havana, and the arrest of more than 30 activists in the neighborhood of Santo Suarez in the City of Havana where they were celebrating the second anniversary of the 40 day fast for liberty in 1999 which was a protest against 40 years of dictatorial rule.

The following are other examples: December 7, 2001. Various activists attempted to participate in the ceremony commemorating Saint Barbara were stopped and threatened. In Güines, in the province of Havana, DSE officials detained Jose Ubaldo Hernandez, coordinator of the organization Cuban Commission who was threatened with physical violence for being part of the religious society known as Abakua, and for attempting to participate in the Saint Barbara celebration. In the City of Havana, Ulises Campos Casañas and Jose Patricio Armas, both activists, were detained near the church of Saint Barbara, located in the neighborhood of Regla, by agents of the DSE who later tried to incite members of the Abakua society to beat them with several objects. December 6, 2001. Camagüey. Activists Lazaro Rica and Amador Tiges were arrested and taken to a police station in the municipality of Cespedes. Both remained detained in a holding cell for 11 days during which the chief of the division, a captain with the last name of Perez Lastre, denied them the right to bathe or clean themselves up.

December 4, 2001. City of Havana. An official of the DSE who is known as Chao, threatened the activist Isabel del Pino Sotolongo with confiscating medicines donated to her by the Spanish organization Medicinas sin Fronteras (Medicines without Borders), which were given to help those who were affected by Hurricane Michelle. December 3, 2001. Puerto Padre, Las

Tunas. An official of the PNR whose last name is Villot and two other agents, assaulted in plain view the activist Saul Diego Machado with canes and num-chucks (used in martial arts) causing him an injury that required stitches and damaging his sight in his right eye in the process. Two days before being assaulted a captain of the State Security forces named Manuel Rondon tried to run over Mr. Machado with his motorcycle. November 26, 2001. Puerto Padre, Las Tunas. A group of police agents beat 26 year-old activist Yurisan Santiesteban Feria causing a severe fracture. As a result of the assault, Santiesteban was taken to Guillermo Dominguez hospital where he is staying in wing B-2 bed 16. One day after the attack on November 27th, two individuals, one identified as the official Raulito of the Department of Technical Investigations, presented themselves in the hospital and tried to pressure Santiesteban through threats not to report the actions of the policemen. Family members of Santiesteban have tried to file a complaint through the court against the policemen who beat him, however, they have not received any acknowledgement from the courts. The attacks continued against the proponents of Project Varela, an initiative organized by the internal opposition to collect signatures among Cuban citizens to solicit a national referendum. November 25th, 2001. Vertientes, Camagüey. Antonio Garcia Morejon, of the Cuban Liberation Movement, was stabbed in the ribs by an unknown assailant. At that same moment that Garcia was attacked in the backyard of his brother's home, other unknown individuals attempted to break down their front door to gain entry into the home until Ana Maria Cervantes, wife of the injured Garcia, began to scream for help. The victim believes he was attacked because he was collecting signatures for the Varela Project . Garcia Morejon lives on 2nd Street in the Los Motores neighborhood. One week before Antonio Garcia Morejon and His brother Manuel were asked to go to the political police offices in Vertientes, where they were threatened by Major Isaac Rodriguez Mendoza and Eddy Arredondo. Benito Mora, Maritza and Jose Angel Girarte, Hector Rosabal, Ramon Hernandez, and Jesus Rojas of the Cuban Foundation for Human Rights were also called into the station. November 19th, 2001. Santa Cruz del Sur, Camagüey. An agent of the DSE named Alberto assaulted independent librarian Mayde Sanchez Soris, at 3:00pm in plain public view. The agent forcefully took various documents related to Project Varela that Mrs. Soris was carrying. The incident took place in front of the independent library "13 de Julio" located on A street #47 between Carretera and Central streets. Mayda Sanchez is Coordinator of the Independent Library Project of Camagüey and director of the Roberto Avalos independent library. Acts of repression and harassment against the different organizations that make up the independent civil society have continued as have the confiscation of the property of these individuals and the imposition of fines. Independent Libraries December 25, 2001. Florida,

Camagüey. The political police as well as the PNR and members of the Rapid Response Brigade, assaulted the home of pastor Lazaro Iglesias Estrada in order to stop the inauguration of the "Emmanuel" independent library. The group confiscated books and beat the participants involved in the inauguration with various objects causing severe lesions in many of the attendees. November 18, 2001. Pinar del Rio. An official of the PNR Lazaro Ibaez and a captain of the Internal Security Forces known only by the first name of Mario, threatened Juan Padro Camejo, coordinator for the province of Pinar del Rio of the Independent Library Project with imprisoning him under Law 88, known as the "Ley Mordaza." Padron resides on 27 de Noviembre street between Frank Pais and Primero de Enero streets in the city of Pinar del Rio. December 17, 2001. Municipio Bolivia, Ciego de Avila. An official of the political police named Serafin, threatened Jose Luis Oliver Penton with sending him to prison for four because of his sister-in-laws activities. Maritza Alvarez Carranza is director of the Madre Teresa de Calcuta Independent library. Other DSE officials interrogated the ex-political prisoner Ismael Alvarez, father of the activists, and ordered him to shut down the library. Independent Labor Unions 2 November 2001, Puerto Padre, Las Tunas. Members of the Cuban Labor Coordination (Coordinadora Obrera Cubana) on a procession to the tomb of one of the group's activists (Vilma Aguilera) were set upon by police and Rapid Response Brigades, who used physical force to prevent them from entering the cemetery. The victims identified as being among their aggressors lieutenant Oliva Vargas, of the PNR, and police patrol car #824

Independent Journalists 13 December 2001. Santa Cruz del Sur, Camagüey. DSE officer Alberto Núñez García appeared at the home of Ángel Lahera Bazán, at calle Libertad #58 entre Oriente y 9 de noviembre, and threatened to send him to prison if he continues his reporting on behalf of the College of Independent Journalists of Camagüey (Colegio de Periodistas Independientes de Camagüey-CPIC). 16 November 2001. Ciego de Ávila. PNR

agents appeared at the home of Lester Téllez Castro, director of the Agencia de Prensa Libre Avileña (APLA), and confiscated 20 lbs. of beans, 10 lbs. of chocolate powder and a cooking gas container. Téllez Castro was then taken to the PNR's First Precinct Station, where he was interrogated for eight hours. 15 November 2001. Chambas, Camagüey. Two agents of the political police appeared at the home of Yoslaida Herrera Aguiar, aged 21 and the girlfriend of independent journalist Carlos Brizuela Year. She was taken to the police station, where she was subjected to interrogation and insults for more than an hour. The day before, (Nov. 14) Yoslaida had been subjected to an "act of repudiation" at her workplace, the local branchof the Bank of Credit and Commerce, at which she was expelled from her job and from the Union of Young communists due to her relationship with Brizuela Yera. 13 November 2001. Ciego de Ávila. PNR officer Rafael Surita issued a "warning" to Jesús Joel Díaz Hernández, Director of the Cooperativa Avileña de Periodistas Independientes, and threatened to revoke Hernández's prison parole for not being an employee of the state. Jesús Joel Díaz has been recognized by amnesty International as a prisoner of conscience and was awarded that organization's International Free Press Prize in 1999.

Independent Farmers Repression against this project has taken the form of arbitrary fines, shutting off of water supply to independent cooperatives, confiscation of goods and equipment, and repeated inspections with the participation of the police. 21 December 2001. Alto Sotolongo, Santiago de Cuba. An officer of the National Office of Agricultural Inspections, Osvidio Mansforrol Serrano, confiscated a tractor belonging to independent farmer Pedro Rolando Berenguer, owner of the La Soledad farm. The tractor, model MTZ-6M with tag 024-460 was confisctaed under the Act of Occupation #229., based on an alleged violation of article 36, section F of Decree Law 229. Berenguer was never informed of the exact nature of his alleged infraction and he was forbidden from moving the tractor under any circumstances. 17 December 2001. Las Tunas. DSE and PNR agents intervened to prevent the annual meeting of the independent farmers' cooperatives by arresting various participants and stranding them in remote areas of the province. The following activists were detained: Antonio Alonso,

president of ANAIC Juan Manuel San Emeterio, president of the cooperative "Transición" Nórder Orestes Turuellas Garcell, president of the cooperative "Génesis" Fausto Frómetas, of the ANAIC Information Center Leticia Martínez, of the Latin American Federation of Rural Women (FLAMUR) Rafael Iturralde Bello, National Coordinator, ANAIC José Grillo and Eduardo Sayazo, of the National Center for Agricultural Research "Carlos Quintela"

15 December 2001. Songo-La Maya, Santiago de Cuba. Municipal authorities of the ONIA imposed a fine of 500 pesos on Juan Manuel Rondón, of the Oasis independent cooperative, allegedly because he did not have a permit to use an axe. Rondón had requested a permit on different occasions, but the authorities delayed granting one. The day before, Friday 14 December, ONIA officials in Las Tunas fined Antonio Alonso, president of ANAIC, for the same infraction. Repression on 10 December, International Human Rights

Day Because of its importance, and because of the significance of the fact that Cuba is one of the few countries in the world where International Human Rights Day is not observed, and where those who attempt to celebrate it are violently repressed, we have included a separate annex documenting the repressive actions that occurred on that date in 2001. It is important to note that this annex includes only cases that were reported by the human rights activists themselves or by the Cuban independent journalists, and does not encompass the entire scope of the repressive actions that took place that day. Hundreds of activists who attempted to celebrate International Human Rights Day in the cities of Havana, Matanzas, Villa Clara, and the special municipality of the Isle of Youth were repressed by police forces who used methods ranging from the now-familiar temporary kidnappings to the use of physical violence. Below are some of the better known incidents that occurred among several provinces: Havana State Security Agents physically prevented activists from approaching the home of Leonardo Bruzón Ávila, president of the Movimiento 24 de Febrero, for what was to be a commemoration of the 53rd anniversary of the Universal Declaration of Human Rights. A similar incident occurred in the special municipality of the Isle of Youth, where 6 activists from the Fundación Pinera de Derechos Humanos were arrested in advance of a gathering to commemorate the date. Matanzas In the Pedro Betancourt neighborhood several members of the Movimiento Independiente Opción Alternativa were arrested in the pre-dawn hours . The arrested activists included the four Sigler Amaya brothers: Guido, Miguel, Ariel and Juan Francisco , as well as António Pérez., all members of the organization. Several hours after their arrest, Miguel Sigler called his wife to let her know that the detained men had been taken to an unfamiliar destination in the municipality of Sagua la Grande, in Villa Clara province and had been stranded there after being thrown out of a moving car, from which they had suffered lacerations. The driver of the vehicle prevented the group from getting back into the car after they were thrown out, at one point driving the moving car at the activists. When the Siglers demanded to be returned to their homes, the police exited the car and began to beat the men with batons. Miguel Sigler's wife, Josefa López , revealed that an official of State Security who identified himself as Braulio Brito told her that if the wives of the Sigler brothers were to attempt to celebrate International Human Rights Day, the police would send a cadre of female officers trained in martial arts to physically assault them. Despite this threat, Mrs. López was able to organize a gathering at her home of activists who had not been arrested. They began their commemoration of International Human Rights Day by singing the Cuban national anthem. When they attempted to read a statement they were attacked by the political police and a female militia member snatched the document from López's hands. Camagüey In the Delicias neighborhood,

in the municipality of Puerto Padre, Las Tunas province, a member of the local Popular Power assembly named José Luis, in coordination with the local branch of the Committees for the Defense of the Revolution (CDR), organized and carried out an act of repudiation in front of the homes of human rights activists Alfredo Domínguez Batista, Héctor Sánchez Garcés and Rigoberto Peña Hernández. Domínguez Batista said: "We were all threatened with death if we continued to monitor the human rights situation in Cuba. The disturbing part about this was that I was threatened in a similar fashion by political police officer Edurado Velasquez over the telephone."

 Conclusions and Recommendations As the information detailed in this report shows, the situation of human rights in Cuba has worsened during the past year. The Cuban government has not repealed any of the legal mechanisms it uses to repress human rights, and it refuses to comply with resolutions by the United Nations and other international organizations on the matter. The organizations charged with repression and social control continue to be fully active. These include the Rapid Response Brigades, the Committees for the Defense of the Revolution, and the Unified System of Vigilance. Instead of diminishing, the methods of repression have intensified and diversified with the use of new techniques including temporary kidnappings, arbitrary fines and confiscation of property. It is for these reasons that we recommend: § Censure and condemnation of the Cuban regime in all fora dealing with human rights, and specifically in the United Nations Commission on Human Rights. This recommendation is supported

by the human rights monitoring organizations insdie Cuba (see Annex 8) §

The promotion and development of a universal culture of human rights that will counteract the ability of regimes such as Cuba's to ignore its abuses and, in particular, abuses of article 30. § The mobilization of international support for human rights activists inside Cuba through all available means by the governments which cherish freedom and human rights.

Attached is a list of names and facts on some of these activists. In summary, both the spirit and the letter of the law in Cuba, as well as the design and structure of the political and social apparatus, represent a negation of the 30 articles of the Universal Declaration of the Rights of Man. It is this sui generis characteristic which defines the current regime in Cuba as a systematic violator of human rights , because the entire state apparatus is built precisely on the violation of those rights. This fact underscores the importance of establishing mechanisms for monitoring the human rights situation in the case of Cuba as part of a system that can counteract the current system of power which violates those rights.