Cuba’s repressive legal system has created a climate of fear
among journalists, dissidents and activists, putting them at risk of
arbitrary arrest and harassment by the authorities, Amnesty
International said in a report released today.
The report “Restrictions on Freedom of Expression in Cuba” highlights
provisions in the legal system and government practices that restrict
information provided to the media and which have been used to detain and
prosecute hundreds of critics of the government.
“The laws are so vague that almost any act of dissent can be deemed
criminal in some way, making it very difficult for activists to speak
out against the government. There is an urgent need for reform to make
all human rights a reality for all Cubans,” said Kerrie Howard, Deputy
Americas Director at Amnesty International.
Yosvani Anzardo Hernández, the director of the Candonga online
newspaper, is one of many Cuban independent journalists who have been
arbitrarily arrested, interrogated and intimidated by the authorities.
In September 2009 he was arbitrarily detained for 14 days, before
being released without charge. At the time, police also confiscated his
computer, which hosted the website, and disconnected his telephone line.
Although Yosvani Anzardo is resigned to not continuing with the site,
he still does not understand why it was closed. “We were hoping that
the government understood that what we were doing was exercising a
right, we didn’t hurt anyone”, said the journalist. “We tried very hard
to give information about what was happening in the country. They [the
authorities] considered this to be dangerous.”
The Cuban state has a virtual monopoly on media while demanding that
all journalists join the national journalists’ association, which is in
turn controlled by the Communist Party.
The authorities have also put in place filters restricting access to
blogs that openly criticize the government and restrictions on
fundamental freedoms.
The Cuban Constitution goes even further in curbing freedom of
expression by stating that “[n]one of the freedoms which are recognized
for citizens can be exercised contrary to what is established in the
Constitution and law, or contrary to the existence and objectives of the
socialist state, or contrary to the decision of the Cuban people to
build socialism and communism.”
The Penal code specifies a range of vague criminal charges that can
also be used to stifle dissent, such as “social dangerousness”, “enemy
propaganda”, “contempt of authority”, “resistance”, “defamation of
national institutions” and “clandestine printing”.
Provisions of Law 88 on the Protection of National Independence and
the Economy of Cuba have also been used to repress criticism and punish
dissidents who work with foreign media.
With a judiciary that is neither independent, nor impartial, critics
of the government find that an unlimited range of acts can be
interpreted as criminal and end up facing trials that are often summary
and unfair.
Cuban authorities deny the existence of political prisoners in the
country but Amnesty International knows of at least fifty-three
prisoners of conscience who remain incarcerated in the country for
peacefully exercising their right to freedom of expression, association
and assembly.
One of seventy-five dissidents arrested in the ‘Black Spring’
crackdown in 2003,independent journalist Pablo Pacheco Avila was
sentenced to a 20-year jail term for writing articles for foreign and
online newspapers, being interviewed by foreign radio stations, and
publishing information via the internet.
Despite some prisoners of conscience being released on health
grounds, including Ariel Sigler Amaya in June 2010, most of them,
including Pablo Pacheco Avila, are still imprisoned.
The Cuban government has sought to justify its failure to protect
human rights by pointing to the negative effects of the embargo imposed
by the US.
“It is clear that the US embargo has had a negative impact on the
country but it is frankly a lame excuse for violating the rights of the
Cuban people”, said Kerrie Howard. “The government needs to find
solutions to end human right violations, instead of excuses to
perpetrate them.”
Amnesty International calls on the Cuban government to revoke or
amend legal provisions that unlawfully limit freedom of expression, end
harassment of dissidents, release all prisoners of conscience, and allow
free exchange of information through the internet and other media.
“The release of all prisoners of conscience and the end of harassment
of dissidents are measures that the Cuban government must take
immediately and unconditionally”, said Kerrie Howard.
“However, to honour its commitment to human rights, Cuba must also
dismantle the repressive machinery built up over decades, and implement
the reforms needed to make human rights a reality for all Cubans.”
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