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MEDICAL
CONCERN
Political prisoners in need of medical attention CUBA |
Summary
Amnesty International (AI) is concerned at continuing reports that some political prisoners in Cuba, including prisoners of conscience, are not receiving the medical attention they require nor, in common with the prison population generally, an adequate diet.
AI recognizes that economic factors, including the US trade embargo, may affect standards of nutrition and medical care in prisons. However, the organization is concerned that in some cases medical attention and food may in fact be deliberately withheld from certain prisoners as a punishment. The poor sanitary conditions and lack of food reported from many prisons may in some cases amount to cruel, inhuman and degrading treatment or punishment.
AI is requesting the Cuban authorites to provide information on prison conditions in the country, and is calling on them to take action to ensure that detainees in Cuban prisons have access to levels of nutrition, medical care and hygiene which are comparable to the standards available to the general population. AI is also making specific recommendations concerning eight prisoners of conscience and eight other political prisoners whose situation is described below.
Political imprisonment in Cuba
AI is currently working for the unconditional release of 17 prisoners of conscience. The organization believes the real number to be higher than this and is currently investigating further cases. However, detailed information about individual cases is difficult to obtain as the Cuban authorities do not publicise information on the prison population and restrictions on human rights monitoring in Cuba are very severe.
Most prisoners of conscience in Cuba are imprisoned because of their attempts to exercise their rights to freedom of expression, association and assembly. Some have been convicted of overtly political offences and in other cases, instead of bringing overtly political charges against them, the authorities choose to imprison them on minor criminal charges, sometimes trumped up, in order to disguise the political motivation for their arrest. There are also believed to be many other political prisoners who have been convicted of more serious offences (sometimes involving violence).
Trial procedures in political cases in Cuba, as well as in capital cases, usually fall far short of international standards for a fair trial, particularly with regard to the right to defence counsel. Convictions are often based on "confessions" obtained under duress while the detainee is held, sometimes for several months, in pre-trial detention without access to a lawyer.
Prison Conditions
Current economic pressures on Cuba have inevitably affected prisons and the conditions in which prisoners are held. Although recent reports indicate that in some prisons more food is now available than in the recent past, its amount and quality is still said to be extremely poor in many prisons, sometimes consisting only of a little rice with some watery soup or sugared water once or twice a day. Relatives are normally permitted to bring prisoners certain additional food supplies, known as la jaba [literally: "basket"], every two months or so but these are sometimes reportedly not handed over to the prisoner. Due to the lack of adequate food, prisoners are also frequently said to steal such supplies from each other. Many prisoners suffer complications due to poor nutrition and poor hygiene, such as anaemia, skin problems, diarrhoea, parasitic infections and severe weight loss. The more serious problems most commonly reported are optic neuropathy [neuropatía óptica] and beri-beri (both stemming from vitamin deficiency), and pulmonary tuberculosis and leptospirosis (a disease transmitted through water or food that has become contaminated with the urine of animals, such as rats). Many reports indicate a chronic shortage of water both for drinking and washing, and a lack of basic items such as soap. There is a general shortage of medical supplies in the country as a whole which, again, inevitably affects the medical care provided in the prisons. Basic medicines such as analgesics, antibiotics and anaesthetics are reportedly in short supply as is equipment such as parts for X-ray machines, dialysis units, respirators and other essential equipment.
While the authorities may well have genuine problems in providing basic necessities for prisoners, AI has received reports that food or medical attention are sometimes deliberately withheld from certain prisoners for punitive reasons, particularly those who have protested in some way about their conditions of detention. Some prisoners have also reported being beaten for daring to complain, either formally or informally, about their conditions. Although, in theory, channels exist for prisoners to present complaints about their conditions and treatment to the prison authorities at local, provincial and national level (all of whom come under the direction of the Ministry of the Interior), these authorities in practice frequently fail to respond to these complaints. With the exception of some religious groups which have limited access to certain prisoners, there are no independent organizations within Cuba to which prisoners can appeal for assistance in pursuing their claims, and the official media, which is entirely state-controlled, does not normally cover such issues. Virtually the only recourse for such prisoners, if their complaints are not treated seriously, is to try to smuggle reports of their conditions out of prison in the hope that they will reach international human rights bodies or the foreign media.
Political prisoners sometimes undertake protests against their imprisonment or in support of special recognition for political prisoners. Forms of protest have included prolonged hunger strikes, or prisoners declaring themselves to be "plantado" [literally: "one who stands firm"] which usually consists of them refusing to wear prison uniform and refusing to participate in so-called "re-education" programs or other types of activity requiring them to demonstrate their support for the government. While AI recognizes the right of the prison authorities to take appropriate disciplinary measures against prisoners who do not abide by prison regulations consistent with international standards, it is concerned at reports that in some instances "plantados" and others are held in punishment cells for months at a time and deprived of medical attention, food and water in an apparent effort to make them desist from their protest. Such conditions would constitute cruel, inhuman or degrading treatment or punishment under the terms of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was ratified by Cuba in 1995.
For information on the economic embargo on Cuba please see Medical Action AMR 25/07/97 [28 May 1997].
PRISONERS IN ILL HEALTH: CASE EXAMPLES
No international humanitarian organizations have access to Cuban prisons. Human rights monitoring within the country is severely restricted and it is very difficult to verify reports which, despite the obstacles, do sometimes emerge from the prisons. However, AI has concluded that there is sufficient evidence to be seriously concerned about the current state of health of the following political prisoners, of whom eight are considered by the organization to be prisoners of conscience. Reports indicate that they may not have been receiving adequate medical treatment or not enough food, which also tends to be of poor nutritional value.
PRISONERS OF CONSCIENCE
AI is calling for the immediate and unconditional release of the following eight prisoners of conscience on the grounds that they are imprisoned solely for the peaceful expression of their political beliefs.
Marcelo Amelo Rodríguez (aged 50)
- Place of detention: Prisión de Boniato, Boniato Prison, Santiago de Cuba province
- Date of detention: 19 February 1993
- Charge: "rebelión", "rebellion".
- Sentence: eight years' imprisonment
- State of health: sources have expressed concern to AI that
Marcelo Amelo is suffering from kidney problems, hypertension and
loss of vision. He is reportedly not receiving appropriate
medication.
arrested and his conditional freedom was revoked.
Bernardo Arévalo Padrón (aged 34)
- Place of Detention: Prisión de Ariza, Ariza Prison, Cienfuegos province.
- Date of detention: 14 August 1997 (tried November 1997).
- Charge: "desacato", "disrespect"
- Sentence: six years' imprisonment
- State of health: Bernardo Arévalo Padrón has
reportedly lost a lot of weight and is very weak. According to
reports, he was beaten by prison officials on 11 April 1998 which,
as the prison doctor confirmed, reportedly left him covered in
bruises. He was said to have suffered from loss of memory
throughout the remainder of 1998 as a result of the beating.
Francisco Chaviano González (aged 46)
- Place of Detention: Prisión Combinado del Este, Combinado del Este Prison, La Habana province.
- Date of detention: 7 May 1994
- Charge: "revelación de secretos concernientes a la seguridad del Estado", "revealing state security secrets", "revelación de secretos administrativos", "revealing administrative secrets", and "falsificación de documentos públicos", "falsifying public documents".
- Sentence: 15 years' imprisonment
- State of health: Francisco Chaviano González is
rreportedly suffering from a duodenal ulcer, arthritis and
bbreathing problems. He has reportedly been beaten on several
occasions in detention. On 17 June 1999 he reportedly suffered
injuries to the face and head and a fractured tibia as a result of
being beaten by prison guards. He has also undertaken several
hunger strikes. Francisco Chaviano González has allegedly
been held in a punishment cell for the last three months.
- Place of Detention: Prisión Provincial de Ciego de Avila, Ciego de Avila Provincial Prison (nicknamed "Canaleta"), Ciego de Avila province.
- Date of detention: 18 January 1999
- Charge: "peligrosidad", "dangerousness"
- Sentence: four years' imprisonment
- State of health: Jesús Joel Díaz Hernández
is reported to from serious diarrhoea and weight loss.
During the first 11 days of his detention Jesús Díaz carried out a hunger strike in protest at his arrest. On 20 May 1999, a State Security Department officer reported to Jesús Díaz's father that his son was being held in solitary confinement because the political police found in his possession newspaper articles and denunciations written by him. It has also been reported that the prison authorities are refusing to give Jesús Díaz the medicine that his family has bought for him, and that he has not received any medical assistance since March 1999.
From 12-29 July 1999 Jesús Díaz went on a second hunger strike in protest at his imprisonment, for which he was reportedly put in a punishment cell.
Manuel Antonio González Castellanos (aged 41)
- Place of detention: Prisión Cuba Sí, Cuba Yes Prison, Holguín province.
- Date of detention: 1 October 1998
- Charge: "desacato", "disrespect".
- Sentence: two years and seven months' imprisonment
- State of health: Manuel Antonio González Castellanos is
reportedly not allowed any exercise in the open air and is
suffering from a respiratory virus and dental problems. He is
reportedly not receiving adequate medical care.
Orestes Rodríguez Horruitiner (aged 47)
- Place of detention: Prisión del Manguito, El Manguito Prison, Santiago de Cuba Province.
- Date of detention: 23 July 1997
- Charge: "propaganda enemiga", "enemy propaganda".
- Sentence: four years' imprisonment
- State of health: Orestes Rodríguez Horruitiner is said
to be suffering from high blood pressure and arthritis. He is
reportedly not receiving adequate medical care.
Marta Beatriz Roque Cabello (aged 53)
- Place of Detention: Hospital Militar Carlos J. Finlay, Havana, until mid-September 1999 when she was reportedly transferred to a State Security "house of rest and recuperation" ["una casa de descanso y recuperación"].
- Date of detention: 16 July 1997
- Charge: "otros actos contra la seguridad del estado", "other acts against state security", relating to a crime of "sedición", "sedition".
- Sentence: three and a half years' imprisonment
- State of health: during her imprisonment Marta Beatriz Roque
Cabello has suffered from a stomach ulcer, kidney problems,
diarrhea, migraine, high blood pressure, weight loss, and an eye
infection, and was diagnosed as having benign mammary
displasia.
Leonardo Varona González (aged 24)
- Place of detention: Prisión Cuba Sí, Cuba Yes Prison, Holguín province.
- Date of detention: 1October 1998
- Charge: "desacato", "disrespect".
- Sentence: one year and four months' imprisonment
- State of health: Leonardo Varona González is reportedly
not allowed to exercise in the open air and is suffering from a
chest complaint and joint pain. He is reportedly not receiving
adequate medical care.
OTHER POLITICAL PRISONERS
The following eight prisoners are serving sentences for offences against state security, some or all of which appear to have been politically motivated. It is likely that they have not received a fair trial and it is therefore not clear whether such charges were adequately substantiated. AI is concerned about their conditions of detention and is also continuing to seek further information regarding their trials and the circumstances of their arrest. The organization is also investigating the possibility that some of them may be prisoners of conscience.
Ernestino Abreu Horta (aged 74)
- Place of Detention: Prisión Combinado del Este, Combinado del Este Prison, La Habana province, but temporarily held in Carlos J. Finlay Military Hospital.
- Date of detention: 28 May 1998
- Charge: "rebelión", "rebellion", and "otros actos contra la seguridad del estado", "other acts against state security".
- Sentence: Awaiting trial
- State of health: Because of his age, Ernestino Abreu Horta is
particularly at risk of illness in the poor conditions in which he
is held. He has reportedly lost at least 20kg in weight and is
suffering from diarrhoea, ankle oedema ["edema de las
extremidades"] and a broken rib. Due to previous
operations for a stomach ulcer and prostrate cancer he has strict
diet and hygiene requirements. He is apparently not allowed to
receive medication brought by his relatives.
Jorge Luis García Pérez (nicknamed "Antúnez") (aged 32)
- Place of Detention: Prisión Provincial de Sancti Spiritus (Nieves Morejón), Sancti Spiritus Provincial Prison, Sancti Spiritus province.
- Date of detention: 15 March 1990
- Charges: "propaganda enemiga", "enemy propaganda"; and later "tentativa de sabotaje", "attempted sabotage"; "tenencia ilegal de armas", "illegal possession of a weapon"; and "evasión" for attempting to escape.
- Sentence: Combined total of 18 years' imprisonment
- State of health: Jorge Luis García Pérez is said
to be suffering from kidney disease, weight loss and an inflamed
knee joint . The prison authorities allegedly refuse to provide him
with medicines brought by his family.
For more information on the case of Jorge Luis García Pérez see the earlier medical actions AI Index: AMR 25/21/99 (15 April 1999) and AMR 25/04/99 (8 February 1999).
Bulmaro Víctor Gómez Díaz (aged 29)
- Place of Detention: Prisión Provincial de Ciego de Avila (known as Canaleta), Ciego de Avila Provincial Prison, Ciego de Avila province.
- Date of detention: 22 September 1993
- Charge: "piratería", "piratery", "disparo de arma de fuego", "firing of an arm", "tenencia ilegal de armas", "illegal possession of arms", "lesiones", "injury"
- Sentence: 13 years' imprisonment
- State of health: Bulmaro Víctor Gómez Díaz
is said to be in a poor state of health, suffering from epilepsy
["un foco epiléptico"], anaemia, weight
loss and dizziness caused by a head injury that he sustained in an
accident prior to his imprisonment. He has reportedly been beaten
and held in a punishment cell with no light on several occasions.
According to reports, in May 1997 he was handcuffed to the railings
of a punishment cell for over a month as a punishment for not
wearing the prison uniform during family visits.
- Place of Detention: Prisión Combinado de Guantánamo, Combinado de Guantánamo Prison, Guantánamo province.
- Date of detention: 26 September 1997
- Charge: "salida ilegal", "illegal exit"
- Sentence: 5 years' imprisonment
- State of health: Juan Carlos Herrera Acosta is said to be in a
poor state of health, suffering from high blood pressure
[hipertensión arterial] and a heart disorder
[cardiopatía]. He is reportedly being held in a
punishment cell with no light because of his efforts on behalf of
prisoners' rights and his refusal to cooperate with the prison
re-education program. He is a member of the Presidio
Político Pedro Luis Boitel, Pedro Luis Boitel Political
Prisoners Group.
- Place of Detention: Prisión Combinado del Este, Combinado del Este Prison, La Habana province; temporarily held in Carlos J. Finlay Military Hospital.
- Date of detention: 28 May 1998
- Charge: "rebelión", "rebellion", and "otros actos contra la seguridad del estado", "other acts against state security".
- Sentence: Awaiting trial
- State of health: Vicente Marcelino Martínez
Rodríguez is reportedly suffering from a duodenal ulcer,
marked weight loss (over 20kg), a back problem and a skin
disease.
Jorge Luis Ortega Palacios (aged 26)
- Place of Detention: Prisión Especial de Máxima Severidad, Special Maximum Severity Prison, known as Kilo 8, Camagüey province
- Date of detention: 13 April 1996
- Charge: "desacato", "disrespect", "resistencia", "resistance"
- Sentence: 4 years' imprisonment
- State of health: Jorge Luis Ortega Palacios is said to be
suffering from weight loss and spinal problems. Whilst held in Kilo
5½ Prison he was put in a punishment cell and had personal
possessions confiscated, reportedly for protesting about the
lack of medical assistance and inadequate nutrition. He was then
transferred to the maximum security prison, known as Kilo 8, where
he has been held in a punishment cell for over 60 days, allegedly
as a result of having stood up for prisoners' rights.
- Place of Detention: Prisión Provincial de Las Mangas, Las Mangas Provincial Prison, Bayamo, Granma province
- Date of detention: 14 October 1992
- Charge: "rebelión", "rebellion"
- Sentence: 10 years' imprisonment
- State of health: José Manuel Rodríguez Santana is
said to be suffering from chronic asthma and a neurological disease
[neuropatía] affecting his limbs.
Miguel Eumelio Sánchez Valiente (aged 62)
- Place of Detention: Prisión Combinado del Este, Combinado del Este Prison, La Habana province.
- Date of detention: 31 August 1992
- Charge: "espionaje", "espionage", "salida ilegal", "illegal exit"
- Sentence: 10 years' imprisonment
- State of health: Miguel Eumelio Sánchez Valiente is
reportedly suffering from lower back pain
["sacrolumbagia"].
CONCLUSIONS AND RECOMMENDATIONS
Recommended Actions
Although factors over which the Cuban authorities may have little or no control may contribute to the situation faced by Cuban prisoners, AI urges the Cuban Government to take all necessary steps to ensure the well-being of prisoners at all times. It is particularly concerned at reports that in some cases medical care and adequate food may have been deliberately withheld from prisoners for apparently punitive reasons, and that punitive measures may have been taken against prisoners for complaining about their conditions including the denial of adequate medical care.
Letters are therefore requested from medical professionals, preferably written in Spanish or your own language, to the addresses listed at the end of this document. Please base your appeals on the recommendations listed below.
AI groups working on Action Files relating to the prisoners mentioned may also like to ask medical professionals they are in contact with to send appeals on behalf of their prisoner.
Recommendations relating to all Cuban prisoners including the sixteen cases cited in this document:
- Request information regarding the conditions in which prisoners are held in Cuba, and what level of nutrition and medical care they are receiving.
- State that you recognize that economic factors, including the US trade embargo, may affect standards of nutrition and medical care in prisons, but urge that prisoners be given access to levels of nutrition, medical care and hygiene in keeping with the standards available to the general population.
- State that at all times, conditions of detention should conform to internationally recognized minimum standards, such as outlined in the UN 'Standard Minimum Rules for the Treatment of Prisoners' and the UN 'Body of Principles'.
- Express concern about reports that in some cases medical attention and food may be deliberately withheld as a punishment to certain prisoners.
- Call on the authorities to guarantee that sick prisoners are given access to adequate medical care, including transfer to a hospital if specialist treatment is not available inside the prison.
- Ask what regulations exist regarding the right of relatives of detainees to bring medicines into the prisons.
- State that no prisoner should be punished, ill-treated or prejudiced in any way for having requested adequate medical care or food, or for complaining about their conditions.
- Urge that independent and impartial investigations be carried out into allegations of ill-treatment in order that anyone found to be responsible for such treatment may be brought to justice, in accordance with Cuba's obligations under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Ask that prisoners be held within reasonable travelling
distance of their homes so that their relatives are able to
regularly bring them necessary medicines and additional food.
- Urge that they be immediately and unconditionally released on
the grounds that they are imprisoned solely for the non-violent
expression of their right to freedom of expression and
association.
- Note that the UN 'Body of Principles' provides, in
Principle 25, for the right of detainees to "request or
petition a judicial or other authority for a second medical
examination or opinion".
| Minister of the Interior General Abelardo Colomé Ibarra Ministro del Interior Ministerio del Interior Plaza de la Revolución La Habana, Cuba Salutation: Señor Ministro Tel: +53 7 301566 Director of Prisons, Ministry of the Interior Señor Director Dirección de Cárceles y Prisiones Ministerio del Interior Plaza de la Revolución La Habana, Cuba Salutation: Señor Director Tel: +53 7 301566 |
Inspector of Prisons of the
Attorney-General's Office Sr Eliecer Pérez Fiscal, Jefe de la Dirección de Control de Centros Penitenciarios Fiscalía General de la República San Rafael 3 La Habana, Cuba Salutation: Señor Fiscal Tel: +53 7 333164 Fax: +53 7 570795 / 669485 Telex: 511456 fisge |
Copies to:
| Minister of Foreign Affairs Sr. Felipe Pérez Roque Ministro de Relaciones Exteriores Ministerio de Relaciones Exteriores Calzada No. 360 Vedado La Habana, Cuba Salutation: Señor Ministro Fax: +53 7 33 3085 / 33 5261 / 33 3460 Telex: 511122/511464/512950 |
Minister of Public Health Sr. Carlos Dotres Martínez Ministro de la Salud Pública Calle 23, No. 301 Vedado La Habana Cuba Salutation: Señor Ministro Telex: 511149 |
and to the Cuban diplomatic representative in your country or the closest Cuban diplomatic representation.
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