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Tuesday, November 14, 2023

Free Cuba Foundation Submission to the Universal Periodic Review of Cuba 44th session of the UPR Working Group, October - November 2023

 Free Cuba Foundation Submission to the Universal Periodic Review of Cuba
44th session of the UPR Working Group, October - November 2023

 


Introduction
1. The Cuban government does not recognize the legality of independent reporting on the
socio-economic challenges facing the island. Activists protesting the deteriorating
housing situation in Cuba have been punished.
2. The government does not provide data on the number of homeless Cubans on the
island.
3. The right of access to adequate housing, food, and healthcare. These are the most
basic rights needed to guarantee a decent and dignified life and are increasingly
being eroded in Cuba.


Demanding adequate housing in Cuba is a punishable offense.
4.
Cuban human rights defender Silverio Portal Contreras was sentenced to four years in
prison for alleged crimes of "public disorder" and "contempt" after leading several public
protests demanding decent housing for all Cubans. He was detained on June 20, 2016
in Havana and the court document states that "the behavior of the accused is particularly
offensive because it took place in a touristic area." (1) The document further describes
the accused as having “bad social and moral behavior” and mentions that he fails to
participate in pro-government activities.
5. According to Silverio’s wife, before his arrest he had campaigned against the collapse of
dilapidated buildings in Havana. Silverio was recognized as a prisoner of conscience by
Amnesty International on August 26, 2019. (2) He was beaten by prison officials in mid-
May 2020 and lost sight in one eye, and spent 2 years and 9 months unjustly
imprisoned. (3) He suffered a stroke during his imprisonment and is now in fragile health.(4)
6
. Government officials, who jailed Silverio, did not heed his warnings regarding dilapidated
buildings. On January 27, 2020 three school girls died when a balcony collapsed on
them in Old Havana. María Karla Fuentes and Lisnavy Valdés Rodríguez, both 12
years old, and Rocío García Nápoles, 11 years old were killed. (5)
7. Although buildings housing Cubans are in disrepair and collapsing the Cuban
government is in the midst of a construction boom, for luxury tourist hotels. (6),(7)
8. Cuban policy makers decided not to invest in Cuba's maintenance of their power plants
in favor of plowing hundreds of millions of dollars into building luxury hotels across the
country that profit GAESA, the Cuban military conglomerate run by the Cuban military.
Funds used for some of the more high profile hotel construction projects could have met
the needs for the upkeep of Cuba's national electric grid, and power plants.(8)
 

Recommendations

  • Respect and recognize the right to freedom of expression and association.
  • Recognize independent civil society organizations.
  •  Ratify the International Covenant on Civil and Political Rights.
  •  Ratify the International Covenant on Economic, Social and Cultural Rights.
  •  Prioritize public housing for homeless Cubans over building luxury hotels.

 

Endnotes
(1) Amnesty International "Cuba: Panorama de los presos y presas de conciencia bajo el
gobierno del presidente Miguel Díaz-Canel" Agosto 27, 2019 Index Number: AMR
25/0936/2019
https://www.amnesty.org/es/documents/amr25/0936/2019/es/
(2) CubaBrief: Amnesty International names five new prisoners of conscience August 27, 2019
https://www.cubacenter.org/archives/2019/8/27/cubabrief-amnesty-international-names-fivenew-
prisoners-of-conscience
(3) Marti Noticias "Preso político Silverio Portal pierde visión de un ojo tras golpiza, informa su
esposa" May 27, 2020
https://www.radiotelevisionmarti.com/a/preso-pol%C3%ADtico-silverio-portal-pierdevisi%
C3%B3n-de-un-ojo-tras-golpiza-informa-su-esposa/265886.html
(4) Diario de Cuba "Silverio Portal tras salir de prisión: Conmigo hubo 'una discriminación racial
y abuso de poder'" December 4, 2020
https://diariodecuba.com/derechos-humanos/1607076252_26969.html
(5) On Cuba "Three girls die in Old Havana due to collapse of a balcony" January 28, 2020
https://oncubanews.com/en/cuba/three-girls-die-in-old-havana-due-to-collapse-of-a-balcony/
(6) Associated Press "Cuban economic boom a boon to the military" by Andrea Rodriguez
September 9, 2016
https://www.heraldtribune.com/story/special/2016/09/10/cuban-economic-boom-boon-tomilitary/
25477886007/
(7) NPR "Cuba hopes if it builds new hotels, tourists will come, after a long COVID shutdown"
May 24, 2022 https://www.npr.org/2022/05/22/1100587966/tourists-are-returning-to-cuba-butis-
it-enough-for-the-islands-economy
(8) 14ymedio "‘There Is No Money’ to Repair Thermoelectric Plants in Cuba, But There is
Money to Invest in Luxury Hotels" August 27, 2022
https://translatingcuba.com/there-is-no-money-to-repair-thermoelectric-plants-in-cuba-but-thereis-
money-to-invest-in-luxury-hotels/

Sunday, August 20, 2023

Free Cuba Foundation at 30: A call for renewal

 “Satisfaction lies in the effort, not in the attainment, full effort is full victory.” - Mohandas Gandhi

 

On August 26, 1993, thirty years ago next week, two Cuban-American students from Florida International University organized a five-hour candlelight vigil  in front of the Mexican Consulate that mobilized hundreds to protest Mexico's deportation to Cuba of eight Cuban refugees who survived when their boat sank off the Mexican coast the previous week. When we look back thirty years and see Cuban refugees being mistreated in the Bahamas ten years ago, and being deported today by the United States back to the dictatorship that still rules in Cuba, it is natural to ask, "What have we accomplished?" Are we not in the same situation as we were three decades ago?

The answer is found in Gandhi's epigram at the top of this blog entry and in the words of the great English poet T.S. Eliott: "If we take the widest and wisest view of a Cause, there is no such thing as a Lost Cause, because there is no such thing as a Gained Cause. We fight for lost causes because we know that our defeat and dismay may be the preface to our successors' victory, though that victory itself will be temporary; we fight rather to keep something alive than in the expectation that it will triumph."

The Free Cuba Foundation has consistently and independently advocated for nonviolent resistance against injustice and oppression. We have continuously advocated for victims of the dictatorship seeking justice, while also advocating for freedom and national reconciliation. We have remained true to our mission statement.

 

What the future may hold is uncertain because we are free to decide and nothing is written in stone.

However, the past 30 years have demonstrated that young Cubans, Cuban-Americans,Cuban-Spaniards, Peruvians, and other people of good will have not acquired the "amnesia of Coca Cola" as some on the island describe the forgetfulness of some who leave for freedom and forget their friends and family back home.

These student leaders moved on after graduating and were replaced by new ones.

Augusto Monge, FCF Chairman 1993 -1994

John Suarez, FCF Chairman 1995

Jose Raul Carro, FCF Chairman 1996

 Xavier Utset, FCF Chairman 1997-1998

Susana Mendiola, FCF Chairwoman 1998-1999

Helen Castro, FCF Chairwoman 1999-2000

Neri Ann Martinez, FCF Chairwoman 2001-2004

Michel Betancourt, FCF Chairman 2004 -2005

Pedro Ross, FCF Chairman 2006-2008

Susana Navajas, FCF Chairwoman 2008- 2009

Juan Carlos Sanchez Jr., FCF Co-Chair 2009-2010

Julio Menache, FCF Co-Chair 2009 - 2010

Kristan Patton, FCF Chairman 2011 - 2013

Their testimony is evidence that the struggle continues because new generations have sought to carry the torch for the cause of freedom in Cuba over the past sixty four years and continue to do so today.

We will continue to denounce the crimes being committed by the dictatorship in Cuba while at the same time letting the world know of brave activists who have sacrificed everything in the cause of Cuba's freedom.We will make use of this milestone to reflect on what has been done well. What needs to be improved and what needs to be done in the future to achieve the goal of a free Cuba where human rights and dignity are both recognized and respected.

Over the past 10 years, the Free Cuba Foundation has kept its pledge. Rey Anthony, a representative of the Free Cuba Foundation in 2015 led protests against President Obama's thaw with the Castro military dictatorship. 

FCF members published a statement in Huffington Post in 2015 that declared "Not in our name"  in opposition to the Obama Administration's rapprochement with General Raul Castro. 

FCF leaders in 2016 took part in an international conference were Cuban opposition leaders both in and out of the island called for a commission against impunity, and two years later presented a report for the universal periodic review of Cuba in 2018.

FCF's Augusto Monge attended international gathering in Puerto Rico in 2015

Our advisor throughout twenty eight of these years was Martin L. Tracey. We are grateful for his steadfast and courageous support over this time, and mourn his passing in 2021.

This is an open call to Florida International University students interested in carrying on this tradition, and to past members to join us on August 26th at 6:00pm via Zoom to celebrate this anniversary. To take part please e-mail frcbfndtn@gmail.com.

 

 

Thursday, April 20, 2023

Eric Schmidt's presence at eMerge Miami recalls his role in Google partnering with the Castro dictatorship and the ethical and human rights concerns it continues to raise

 

FOR IMMEDIATE RELEASE:

Eric Schmidt's presence at eMerge Miami recalls his role in Google partnering with the Castro dictatorship and the ethical and human rights concerns it continues to raise

Contact: Augusto Monge, freecubafoundation@proton.me

Eric Schmidt in Cuba in December 2016

Free Cuba Foundation. Miami, Florida. April 20, 2023 -  The invitation of Eric Schmidt, now of Schmidt Futures and the former CEO of Google and chairman of Alphabet to be a keynote speaker at eMerge Miami presents an opportunity to revisit Mr. Schmidt's tenure at Google/Alphabet and its continued business relationship with the Cuban dictatorship.

On December 12, 2016, Google/Alphabet CEO Eric Schmidt signed an agreement with the Castro dictatorship in Cuba, a state sponsor of terrorism. This ill-advised agreement (still in place) with the communist regime's communication's monopoly ETECSA continues to raise concerns with human rights activists about the ethics of sharing technology with the highly centralized totalitarian regime. It has been suggested this technology transfer and collaboration is providing technical assistance to the Cuban secret police to create digital dossiers on citizens, which are used to silence and arrest dissidents online in real time.

Despite this, Mr. Schmidt returned to Cuba in June 2018 to meet with Miguel Diaz-Canel, but did not publicly address concerns about Cuba's secret police having access to Google servers on the island, or that Google's pilot display center gives priority access to agents of the Ministry of the Interior (MININT)

Eric Schmidt and Castro regime rep Mayra Arevich sign agreement.

 
As millions of Cubans struggle to secure their freedom Google/Alphabet decided to side with the Castro regime and not the Cuban people. As thousands of Cubans were arrested for exercising their universal human right to freedom of expression and freedom of assembly, and a draconian penal code imposed targeting online expression, Mr. Schmidt and Google/Alphabet have remained silent on their share of responsibility in the imprisonment of thousands of young Cubans that use their technology in the island.

Mr. Schmidt's visit and ongoing business ventures in South Florida should present an opportunity to examine Google's ongoing business dealings with the terrorist regime in Cuba. Two important questions that need to be asked:

1) What can be done to protect Cubans from the predations of Google's and Mr. Schmidt's partners in the Cuban dictatorship?

2) What can policy makers in Washington do to ensure that Google's and Mr.Schmidt's arrangement with Havana does not empower the secret police, as it appears to be doing now, and help the Cuban people?

The pattern established first with Communist China, then continued in Cuba have cost lives, endangered democracy around the globe, and contributed to the undermining of international human rights standards as totalitarian dictatorships, with the aid of Western companies like Google, have modernized their repression for the 21st century, and extended their reach transnationally..

Miguel Diaz-Canel, Eric Schmidt, and Brett Perlmutter

It is imperative that technology companies not aid anti-democratic regimes, especially those governments, like Cuba, that sponsor and engage in terrorism.

"Communist dictatorships do not respect private property rights, and will double cross tech companies. This pattern has been seen in China, and collaborating with the oppressor generates ill will among those who will lead a democratic transition.

In the long run, it is both bad ethics and bad business to alienate millions of freedom loving Cubans and Cuban-Americans by collaborating with the Castro dictatorship," said Augusto Monge, chairman of the Free Cuba Foundation.   

###

Wednesday, March 29, 2023

Student murdered by Castro regime soldier: Our Continuing Call for Justice for Joachim

 The Free Cuba Foundation seeks a nonviolent transition to democracy in Cuba. One element towards achieving that end is holding the Cuban government accountable for its actions. The organizations has engaged in campaigns for the victims of the "13 de Marzo" tugboat massacre, the Brothers to the Rescue shoot down and the extrajudicial execution of Joachim Løvschall on March 29, 1997. Unfortunately, since then we have also added new crimes to denounce such as Orlando Zapata Tamayo's death on February 23, 2010 and the murders of Oswaldo Payá Sardiñas and Harold Cepero Escalante on July 22, 2012. 

Joachim Løvschall: December 7, 1970 - March 29, 1997

Today, marks 26 years since Joachim Løvschall was murdered by agents of the Castro regime and justice has still not been done in this matter.

We remember him and his family today on this sad anniversary. Below is the article that first brought his case to our attention:

DANGEROUS VACATION

by Kim Hundevadt
Danish newspaper: Jyllands-Posten
September 28, 1997 (Translation)

 
Cuba has been recognized as a travel destination, since four of the largest charter companies have gone together by direct flight, to Havana. But several dramatic episodes have created doubt about tourist safety in Cuba. First came the 26 year old Dane who was shot and killed by Cuban soldiers in the street. And the latest, a series of bombing attempts aimed directly at the heart of the popular tourist destination. The travel industry continues to believe however, that Cuba has a future as a vacation paradise.

CUBA

On March 28, 1997 Joachim Løvschall ate a dinner with white wine in the little restaurant called Aladin, on 21st street in Havana. From there he went to the Revolutionary Plaza and bought a ticket to the Cuban National Theater.

After the performance he went into the theater's bar, Cafe Cantate, and met Caroline and Jouni, two young Swedes, who had become a part of his new circle of friends in Havana. They drank a couple of beers each, but hurried up because Joachim did not like the music.

At 23:30, they said good bye to each other on the sidewalk in front of Cafe Cantate. The Swedes never saw Joachim again.

Four days later, on April 1, they went to the police in order to inform them about the 26 year old missing Danish person. Joachim had not returned back to the private room he had rented from the Garcia Llanes family. Both his Cuban landlord and his two Swedish friends were worried.

On April 4, in the evening, they were called to the legal medical institute in Havana, where they were able to identify the corpse of Joachim Løvschall.

A day and a half later, the Danish authorities and the next of kin, at home in Denmark, were notified.

SHOT AND KILLED

In the meantime, over the last 6 months, Joachim Løvschall's parents, assisted by their own lawyer and by the Danish Foreign Ministry, have attempted to get an explanation of the circumstances surrounding the killing of the young market economist, who was traveling to Cuba in order to learn Spanish at the university and to experience the country as a tourist.

According to the Cuban inquiry, around 23:30, a person matching Joachim Løvschall's description was in a bar named Segundo Dragon d'Oro. The bar lies in the hopeless part of town, around the Revolutionary Plaza which is dominated by ministry and other official buildings of harsh concrete architecture, and lies empty in the nighttime.

At 2:45 he left the bar, after becoming intoxicated. Around 20 minutes later, he was walking down the Avenue Territorial, behind the Defense Ministry.

Joachim Løvschall walked, according to the Cuban authorities, first on the sidewalk that lies opposite the Ministry. Midway he crossed over to the other sidewalk, considered to be a military area, though it is not blocked off.

AK-47 rifle like the one that killed Joachim on March 29, 1997
 

The Cubans have explained that Joachim Løvschall was shouted at by two armed guards, who in addition fired warning shots, which he did not react to. Therefore, one guard shot from the hip with an AK-47 rifle. The first shot hit Joachim in the stomach and got him to crumble down.

The second shot hit slanting down the left side of the neck.

The Cuban authorities estimate that Joachim Løvschall died of blood loss at 3:06.

Ministry of Defense in Cuba

INCOMPREHENSIBLE ACT

As not a word was mentioned for more than 8 days, before the Danish Foreign Ministry received word about the killing, the Cubans gave the excuse that Joachim Løvschall did not have any papers on him.

Denmark's ambassador in Mexico, Martin Kofod, traveled immediately to Havana to get clarification of the circumstances.

After 4 days of meetings and investigations, Martin Kofod concluded in a letter that neither barricades nor signs clearly state that the sidewalk in question is a military area. He was astonished as well over the severe methods used by the soldiers and said: "I will reiterate, that to me it is completely incomprehensible that it was not possible to employ methods other than `shoot to kill', in a situation like this," Martin Kofod wrote in his letter.

REASON TO KILL

The Løvschall family's lawyer, Bent Nielsen, said in a Danish newspaper, that as he understands it, one can call this a clear case of execution of Joachim Løvschall.

Bent Nielsen has in his possession a video from the autopsy, and he has gotten a Danish forensic medicine specialist, Dr. Markil Gregersen, to examine it: "It appears obvious and is clearly evident that the soldiers did not attempt to seize and restrain Joachim Løvschall. If so, there would have been signs of a struggle. Nor did they attempt to shoot at his legs. In this case, two bullets were fired directly at the trunk and the head, from a distance of less than two meters (6 feet). Behind the shooting there must lie a reason to kill," said Bent Nielsen.

According to Joachim's two Swedish friends, he had about 80-100 dollars in his wallet, the night he was shot. This money disappeared. Because of this, common robbery is one of several theories.
"On the other hand, the money could have been stolen several days after the killing. I am perhaps more inclined to the opinion that this is a case of poorly trained soldiers who reacted in panic. Also, they most certainly used shooting regulations that are not tolerated in the daytime, out in the open in the street. Therefore, perhaps their superiors should be blamed. Under all circumstances, we must demand that the Cubans carry out a thorough investigation, find out what wrongs were committed, and punish those who are guilty," said Bent Nielsen.

Denmark has officially protested. This protest took place formally in the form of a letter which was sent to the Cuban government, at the beginning of August. "In it we ask the Cubans a series of critical questions. More specifically, we have criticized the lack of barricades at the military area. We have also written, that we find it absolutely incomprehensible that it was necessary to shoot directly at the trunk of the body, to restrain Joachim Løvschall," said Department Director, Nina Jaquet, of the Danish Foreign Ministry.

Simultaneously with the protest to Cuba, the Foreign Ministry also sent a travel directive to the Danish travel industry, regarding travel to Cuba. The directive urges Danish tourists to keep at a safe distance from all military areas, and it underlines that these are not always effectively marked off. "People who do not immediately obey and react correctly to the orders from Cuban military guards ... risk being shot without further warning," the travel directive says.

Nina Jaquet said that in addition to this, the Foreign Ministry presented Joachim Løvschall's case at the EU Community meeting of consulate matters. "We urged the other EU nations to add information to their travel instructions to Cuba. Germany has already done so, and other countries considered this immediately," said Nina Jaquet.

OVER 5,000 DANES

For the Danish travel industry, this case comes at the worst possible moment. Larsen Travel was one of the first agencies to have success in sending charter flights to Cuba. In June, the four largest travel agencies decided to jointly add Cuba as a new destination. Tjaereborg, Spies, Ving and Star Tours together use a DC 10 from Premiair, which flies directly from Copenhagen to Havana every other Friday. This means that Cuba, which for many years was reserved for a small crowd of young and adventurous backpacking tourists, has been recognized as a charter, travel destination resort.

"Interest in Cuba has become very big and trips are sold out a long time in advance," said Administrative Director, H. P. Anderson, of Tjaereborg agency. Other agencies give similar reports. If Cuba can maintain its good reputation, more than 5,000 Danish charter guests will visit the country within the next year.

THE FAMILY IS OUTRAGED

Joachim Løvschall's family and friends accuse the charter industry of minimizing the new travel directive - out of fear that it will miss out on sales of trips to Cuba. Jesper Sorensen, a former schoolmate and best friend, said that he inquired within a number of travel agencies about the conditions in Cuba. They all replied that there are no problems with safety, and that the Dane who was killed was just a `drunken idiot' who had gone to a military base, in the middle of the night.

Joachim's father, Export Executive Christian Løvschall, is outraged at the manner in which the charter agencies continue to market Cuba as an ideal vacation paradise. "It is irresponsible and shows that it is only what profits, that matters," believes Christian Løvschall. He has received information from various sources, that also a Brazilian, a Bulgarian, a Mexican and the latest, a Colombian tourist, have been killed by Cuban soldiers under similar circumstances.

ORIENTATION ON THE SPOT

The travel agencies said that their clients get a thorough orientation when they arrive at their accommodations in Cuba. However, the travel directive is not mentioned when the clients buy their tickets. "Ideally, perhaps we ought to mention it, but in that case we could do nothing but refrain from selling tickets. And that after all is not our business," said Sales Director Stig Elling, from Star Tour. He added that the killing of Joachim Løvschall is a tragic, but isolated incident that could happen anywhere in the world, including Cuba.

"Star Tours clients are very pleased with the new destination to Cuba," said Stig Elling. Both Star Tour and the other charter agencies have increased attention about travel to Cuba nevertheless, after a series of bomb explosions in the heart of Cuban tourist destinations.

On September 4, three and possibly as many as nine hotels and restaurants in Havana were hit by explosions which took the life of a 32 year old Italian tourist. No one has claimed responsibility, but presumably anti-Castro groups based in USA are behind the bombings. The aim is to destroy Cuba's economy by paralyzing its tourism, which has had strong growth over the last couple of years and now brings in income of more than one billion dollars a year.

"Of course, the bombs mean that we follow the situation in Cuba very closely. But we do not think, at the present time, that there are grounds for a drastic reaction that would close the travel destination," said Larsen Rejsers Administrative Director, Jens Veino. "There are explosions all over the world, most recently in Stockholm and Cairo. If we said we will not travel where bombs occur, then gradually we would only have places in Denmark left as destinations. Therefore, we try to avoid reacting before it is necessary," he added.

CAREFREE VACATION

The probability that people would experience anything dramatic on a vacation to Cuba is very small, maintains Arthur Monsted, whose company Monsted Security Management advises companies and organizations about safety, in connection with travel to foreign countries. "On the other hand, taking into consideration the situation as it is for the time being, one cannot totally ignore the possible risks. There is no doubt about the fact that the bombings in Cuba are directed at high profile tourist destinations," he believes. "For me personally, I would certainly go some other place. When I am on vacation, I generally like to relax and be quite carefree, totally without worries - I would almost say that I like to be careless. A person fortunately can do this in many places. But I do not believe a person can do this in Cuba," said Arthur Monsted.

~ A FINAL NOTE FROM THE FAMILY OF JOACHIM OGNER LØVSCHALL ~

Terrorism occurs all over the world and is carried out by terrorists. In Cuba, inhumane and inexcusable acts of lawlessness and injustice are carried out, not by terrorists, but by the Cuban government.
Jyllands-Posten - (http://www.jp.dk/)

Monday, November 28, 2022

FCF founding member's testimony before Congress

Video excerpt taken from the Subcommittee: Western Hemisphere, Civilian Security, and Trade hearing held on July 11, 2019 titled Human Rights in Cuba: Beyond the Veneer of Reform.

 

Chairman Sires, Ranking Member Rooney and Members of the Subcommittee, thank you for this privilege to provide testimony on human rights in Cuba. 

My name is John Suarez and I'm the Executive Director of the Center for a Free Cuba, a non-profit, non-partisan organization dedicated to the promotion of human rights in Cuba.

Past is prologue

To understand the human rights situation in Cuba, one must understand what came before. Cuba had regular competitive elections, and between 1944 and 1952 presidents who respected human rights and civil liberties. This was reflected in the role Cuban diplomats played in 1948 in pushing for regional and international human rights covenants. All of this came crashing down with Fulgencio Batista’s military coup in 1952. 

The Castro brothers promised to restore democracy, while imposing a communist dictatorship in 1959. 

In May 1961 they confiscated private schools and most seminaries to eliminate religion. In September 1961, the Castro regime at gun point collected 131 priests, brothers and a bishop, placing them on board the Spanish ship Covadonga and deported them from Cuba.

Today, the Office of Religious Affairs (ORA), an arm of the Central Committee of the Cuban Communist Party, still oversees religious affairs in Cuba, and exists to monitor, hinder and restrict religious activities. 

Sixty years later, Fidel Castro is gone, but his brother Raul remains along with the communist regime.

The non-transition

What is called reform in Cuba has been a fraud for the dynastic succession of the Castro family. Raul Castro remains in control of the government as head of the Communist Party.  His son, Alejandro Castro Espín, a colonel in the Ministry of the Interior presided over the Cuban side in the secret negotiations to normalize relations during the previous Administration. 

In 2018 Raul Castro presided over the revision of the current constitution that was subjected to a referendum on February 24, 2019.

On February 24th Cubans were called to the polls to ratify a new constitution that despite cosmetic changes, enshrines the principles of the existing one-party political system. Basic conditions for free and fair elections were not fulfilled, independent observers were not allowed, and numerous voting irregularities were reported.

This is the third time during the communist era that the constitution was changed.

The Communist Party remains the only legal political party. The maximum authority in the regime resides with the head of the Cuban Communist Party.

The late dissident leader Oswaldo Payá Sardiñas called this fraudulent change.  There have been no improvements that alter the nature of the Cuban regime. It is a one-party communist dictatorship run by the Castros.

Repression surrounding the Constitutional Reform

Opposition groups in Cuba are not legally recognized, and independent civil society is actively discouraged.  Independent human rights organizations in Cuba are illegal. There is no space for free expression in Cuba. 

The Cuban government attempted to create a fake space for debate on the constitutional referendum, but when independent actors attempted to speak in them freely, the response was swift and brutal.

New laws place further restrictions on Cuban artists and bloggers

Over the past sixteen months two decrees have further undermined and restricted human rights.  Decree 349 signed by President Díaz-Canel in 2018 further restricts and controls artistic expression in Cuba. This provoked protests by independent artists. Many were arbitrarily detained, and at least two have been jailed for a prolonged period.

Decree 68 issued on July 4, 2019 "prohibits Cuban citizens from running websites hosted outside of the country."

Despite repression some Cubans remains defiant.

Cubans continue to defy the dictatorship and demand their rights and freedoms often paying a terrible cost. With us today is Sirley Avila Leon.

Sirley was a delegate to the Municipal Assembly of People’s Power in Cuba for seven years when the regime eliminated her district. She had fought to reopen a school in her district but been ignored by official channels and had reached out to international media. Her son, Yoerlis Peña Ávila, who had an 18-year distinguished career in the Cuban military was forced out when he refused to declare his mother insane and have her committed.

Sirley joined the dissident movement and repression against her increased. On May 24, 2015 she was the victim of a machete attack carried out by Osmany Carriòn that led to the loss of her left hand, right upper arm nearly severed, and knees slashed into. Following the attack, she did not receive adequate care and was told quietly by medical doctors that if she wanted to get better, she would need to leave Cuba.

This is not new. Cubans sought freedom by fleeing the island while others have protested for their rights over decades. The response has often been brutal. 25 years ago, on July 13, 1994 regime agents killed 37 Cubans when they tried to flee to freedom aboard the “13 de marzo” tugboat. Less than a month later August 5, 1994 the streets of Havana erupted with thousands of protesters chanting “libertad” were repressed. 

Real change must be centered on human rights improvements

Cuban dissident Oswaldo Payá on March 30, 2012 warned about the Cuban government’s effort to perpetuate itself in power.  He also knew what real change would look like and argued that [t]he gradual approach only makes sense if there are transparent prospects of freedom and rights.” Oswaldo also reminded many who have forgotten that: “We Cubans have a right to our rights.”  Human rights in the Cuban struggle for freedom are not an afterthought, but the central issue in the dispute between Cubans and the dictatorship.

Thank you very much.

  Full hearing is available online. 

Tuesday, July 12, 2022

Fact Sheet on July 13, 1994 "13 de Marzo" Tugboat Massacre

Reconciliation necessitates both truth and justice.

On July 13, 1994, a group of 72 Cubans, including children and women, tried to escape from the Island of Cuba aboard an old tugboat. State Security Forces, and four Cuban government boats of the Havana regime intercepted the boat 7 miles off the coast of Cuba, with water jets from pressure hoses pulled people off the deck, tore the children from the arms of their mothers and sank the tugboat. 37 people were murdered, 11 of them children.  

Fact 1:  In the early morning hours of July 13, 1994, four boats belonging to the Cuban State and equipped with water hoses attacked an old tugboat that was fleeing Cuba with 72 people on board.  The incident occurred seven miles off the Cuban coast, opposite the port of Havana.  The complaint also indicates that the Cuban State boats attacked the runaway tug with their prows with the intention of sinking it, while at the same time spraying everyone on the deck of the boat, including women and children, with pressurized water.  The pleas of the women and children to stop the attack were in vain, and the old boat--named "13 de Marzo"--sank, with a toll of 41 deaths, including ten minors.  Thirty-one people survived the events of July 13, 1994.

Source:  IACHR REPORT Nº 47/96 CASE 11.436 VICTIMS OF THE TUGBOAT "13 DE MARZO" vs. CUBA     October 16, 1996  http://www.cidh.org/annualrep/96eng/Cuba11436.htm

Fact 2: According to eyewitnesses who survived the disaster, no sooner had the tug "13 de Marzo" set off from the Cuban port than two boats from the same state enterprise began pursuing it.  About 45 minutes into the trip, when the tug was seven miles away from the Cuban coast--in a place known as "La Poceta"--two other boats belonging to said enterprise appeared, equipped with tanks and water hoses, proceeded to attack the old tug.  "Polargo 2," one of the boats belonging to the Cuban state enterprise, blocked the old tug "13 de Marzo" in the front, while the other, "Polargo 5," attacked from behind, splitting the stern.  The two other government boats positioned themselves on either side and sprayed everyone on deck with pressurized water, using their hoses.

Source:  IACHR REPORT Nº 47/96 CASE 11.436 VICTIMS OF THE TUGBOAT "13 DE MARZO" vs. CUBA     October 16, 1996  http://www.cidh.org/annualrep/96eng/Cuba11436.htm

Fact 3: The pleas of the women and children on the deck of the tug "13 de Marzo" did nothing to stop the attack.  The boat sank, with a toll of 41 dead.  Many people perished because the jets of water directed at everyone on deck forced them to seek refuge in the engine room.  The survivors also affirmed that the crews of the four Cuban government boats were dressed in civilian clothes and that they did not help them when they were sinking.

Source:  IACHR REPORT Nº 47/96 CASE 11.436 VICTIMS OF THE TUGBOAT "13 DE MARZO" vs. CUBA     October 16, 1996  http://www.cidh.org/annualrep/96eng/Cuba11436.htm

Fact 4: In  the  days  immediately  following  the  tragedy,  the  authorities  attempted  to  prevent  any protest or public demonstration of grief.    A mass for the victims had to be cancelled and people  wearing  black  armbands  as  a  sign  of  mourning  were  also  reportedly  detained briefly.    Relatives  of  the  victims were  also  reportedly  prevented  from  throwing  flowers into the sea on the grounds that that is only usually done for “martyrs of the Revolution”. On  23  July  1994 Aida  Rosa  Jiménezof  the Movimiento  de  Madres  Cubanas  Por  la Solidaridad,  Movement  of  Cuban  Mothers  for  Solidarity,  which  had  called  on  Cuba women to wear black or purple ribbons for three days as a sign of mourning, was arrested at her home and taken to State Security headquarters at Villa Marista. She was reportedly told by officials that it was because of her efforts to encourage people to attend a mass in commemoration of the victims of the tugboat sinking.

Source: Amnesty International "Human Rights Defenders and Activists  Cuba: The sinking of the "13 de Marzo" Tugboat on 13 July 1994" 30 June 1997, Index number: AMR 25/013/1997  https://www.amnesty.org/en/documents/amr25/013/1997/en/ 

Fact 5: In  1996,  in  his  report  to  the  52nd  Session  of  the  UN  Commission  on  Human Rights7, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated that he had transmitted allegations concerning the case to the Cuban Government in June 1995  and  expressed  deep  concern  that  he  had  not  received  a reply.  He  urged  that  the allegations  be properly investigated, the perpetrators brought to justice and the victims’ families compensated.    The UN Special Rapporteur on Cuba, in his interim report to the UN General Assembly dated 7 October 1996, also expressed serious concern “about the fact that an event of this magnitude, in which 37 people died, has not been investigated”. 

Source: Amnesty International "Human Rights Defenders and Activists  Cuba: The sinking of the "13 de Marzo" Tugboat on 13 July 1994" 30 June 1997, Index number: AMR 25/013/1997  https://www.amnesty.org/en/documents/amr25/013/1997/en/  

Fact 6:  Despite consistent testimonies that four Transportation Ministry boats fired water cannons onto the decks of the tugboat and later rammed and sank it, President Castro denied a government role in the sinking.131 Although President Castro asserted that Cuba had fully investigated the incident, the commission noted that Cuba never recovered the bodies lost in the tugboat, nor the boat itself, and concluded that "there was no judicial investigation and the political organs directed by the Cuban Chief of State rushed to absolve of all responsibility the officials who went to meet the 13 de Marzo tugboat."132

Source: Human Rights Watch,Cuba's Repressive Machinery https://www.hrw.org/reports/1999/cuba/Cuba996-11.htm  (1999)

Fact 7:  The victims who died in the incident of July 13, 1994 are:  Leonardo Notario Góngora (27), Marta Tacoronte Vega (36), Caridad Leyva Tacoronte (36), Yausel Eugenio Pérez Tacoronte (11), Mayulis Méndez Tacoronte (17), Odalys Muñoz García (21), Pilar Almanza Romero (30), Yaser Perodín Almanza (11), Manuel Sánchez Callol (58), Juliana Enriquez Carrasana (23), Helen Martínez Enríquez (6 months), Reynaldo Marrero (45), Joel García Suárez (24), Juan Mario Gutiérrez García (10), Ernesto Alfonso Joureiro (25), Amado Gonzáles Raices (50), Lázaro Borges Priel (34), Liset Alvarez Guerra (24), Yisel Borges Alvarez (4), Guillermo Cruz Martínez (46), Fidelio Ramel Prieto-Hernández (51), Rosa María Alcalde Preig (47), Yaltamira Anaya Carrasco (22), José Carlos Nicole Anaya (3), María Carrasco Anaya (44), Julia Caridad Ruiz Blanco (35), Angel René Abreu Ruiz (3), Jorge Arquímides Lebrijio Flores (28), Eduardo Suárez Esquivel (39), Elicer Suárez Plascencia, Omar Rodríguez Suárez (33), Miralis Fernández Rodríguez (28), Cindy Rodríguez Fernández (2), José Gregorio Balmaceda Castillo (24), Rigoberto Feut Gonzáles (31), Midalis Sanabria Cabrera (19).

Source:  IACHR REPORT Nº 47/96 CASE 11.436 VICTIMS OF THE TUGBOAT "13 DE MARZO" vs. CUBA     October 16, 1996  http://www.cidh.org/annualrep/96eng/Cuba11436.htm

Fact 8:  Oswaldo Payá Sardiñas, who was murdered on July 22, 2012 by state security agents, addressed the significance of this crime. "Behind the Christ of Havana, about seven miles from the coast, "volunteers" of the Communist regime committed one of the most heinous crimes in the history of our city and of Cuba." ... "Let the silenced bells toll. But let them toll for all the victims of terror that in reality is only one sole victim: the Cuban people that without distinctions, suffers the loss of each one of their children." 

Source: Human Rights Watch,Cuba's Repressive Machinery https://www.hrw.org/reports/1999/cuba/Cuba996-11.htm  (1999)

Fact 9:  One year after the massacre on July 13, 1995, Cuban exiles gathered together and set out in a flotilla that peacefully invaded Cuban national territory to travel to the spot where the "13 de Marzo" tugboat sank and where the human remains of the 37 victims still reside never returned to their families to this day to hold religious services for them. Ramón Saúl Sánchez organized and led the flotilla aboard the boat christened "Democracia". Upon entering Cuban waters the Castro regime sent their patrol boats, helicopters, and MiGs to surround and intimidate the flotilla, but it continued until the lead boat's hull was crushed by two patrol boats, and people onboard were hurt. 


Fact 10: Responding to the attack on the flotilla on July 13, 1995, Brothers to the Rescue planes overflew Havana dropping leaflets that read "Comrades No. Brothers" in Spanish. It was on that day that the Democracy Movement came into existence. It was also on that day that the Castro regime began planning its reprisal against Brothers to the Rescue, enlisting members of the WASP spy network to provide intelligence that led to the deaths of four innocents on February 24, 1996 in an act of state terrorism.

Source: http://www.hermanos.org/Doss-Tab%20B.htm

Wednesday, May 18, 2022

Once again we say not in our name: Response to Biden Administration's new policy on Cuba.

The State Department announced on May 16, 2022 a new Cuba policy they claim are "new measures to support the Cuban people." The opening and closing statements pay lip service to human rights, and mention political prisoners, but the meat of the policy is a rehash of the Obama policy.

This is not a surprise. When high ranking Biden Administration officials went to Caracas in early March 2022, it was understood that when they went to Cubazuela, they would meet with both Maduro and his Cuban handlers. At the time this trip do criticism in the press, because analysts recognized that it legitimized Maduro and sidelined Guaido.

This followed up by the "migration talks" a little over a month later between a U.S. interagency delegation led by Emily Mendrala, the Deputy Assistant Secretary for Western Hemisphere Affairs, and the Cuban dictatorship’s delegation led by Vice Foreign Minister Carlos Fernandez de Cossio. This did not inspire much confidence in the Cuban diaspora. 

President Biden, early on in his 2020 campaign, indicated that he would return to the Obama Cuba policy, and when the announcement came, the advocates for the old policy heralded its return. Early news was that for the first time since 1960 - the United States would permit financing and investing in a "Cuban private enterprise."

Will U.S. taxpayers be left on the hook if the investment fails? This has happened to their European counterparts.

The Chamber of Commerce maybe happy with this turn of events, but how does that help Cuban political prisoners or end the internal blockade erected by the Castro brothers that keeps Cubans in misery?

Hanging over all of this is the new penal code in Cuba that the Castro dictatorship approved that further clamps down on independent journalists and human rights defenders with "penalties of 10 to 30 years," and "in extreme cases, even death" for giving "information to international organizations, associations, or even people who have not been authorized by the government." 

This is why once again we say not in our name.

Our recommendation to Cuban friends of freedom is to join the Cuban Freedom March on May 21, 2021 in New York City. A new generation of young activists are speaking truth to power, and deserve all our support.