Nš 1847, presented in a communication dated July 11, 1974,
denounces the distressing situation of political prisoners being held in
La Cabaņa" prison, La Habana, especially that of journalist Pablo
Castellanos, who is allegedly seriously ill.
Commission, in a cable dated July 12, 1974, requested the corresponding
information of the Government of Cuba.
the claimant, in a cable dated August 1, supplemented the denunciation,
reporting serious events in violation of human rights alleged to have
taken place in "La Cabaņa" prison, such as confinement of
women in cells for men, under circumstances incompatible with modesty; a
lack of medical attention and an increase in the stringency of prison
Commission, in a cable dated October 9, 1974, Requested the Government
of Cuba to provide information with regard to the events denounced, in
accordance with Article 42 and 44 of the Regulations.
Secretariat, in notes dated July 16 and August 12, 1974, informed the
claimant of the measures taken in connection with the denunciation.
the thirty-fourth session (October 1974), the Commission examined the
status of the case and agreed to once again reiterate to the
Government of Cuba its Request for information, mentioning the deadline
for provision of information provided for under article 51 of the
to this agreement, a note was sent to the Government of Cuba on December
17, 1974. The above-mentioned decision was reported to the claimant
through a note of November 7, 1974.
the thirty-fifth session (May 1975), the Commission noting that the
Government of Cuba continued to fail to respond to previous Requests for
information and that the period provided for under Article 51 of the
Regulations had elapsed decided, in application of the provisions of
that article, to presume confirmation of the events reported in the
denunciation. To that end it approved the following resolution
(OEA/Ser.L/V/II.35 doc.5 rev.l, of May 29, 1975) at that session:
communication of July 11, 1974, the following was denounced:
early June 44 Cuban political prisoners are being punished and deprived
of all food and medical assistance in cell row number 12 at La Cabaņa
prison in Havana. Among them is journalist Pablo Castellanos who is
gravely ill. We urgently request the intervention of that Organization
to avoid new deaths in the Cuban political imprisonment."
exercise of the authority granted it by Article 9 (bis) of its Statutes:
the Commission requested the Government of Cuba, by cable of July 12,
1974, to provide the appropriate information and transmitted to it, at
the same time, the pertinent parts of the aforementioned communication,
in the manner established in Articles 42 (1) and 44 of its Regulations.
view of the lack of response by the Government of Cuba and taking into
account the seriousness of the allegations contained in the
denunciation, the Commission, by cable of August 9, 1974, repeated the
request for appropriate information to the Government of Cuba.
its thirty-fourth session (October 1974) the Commission, noting that the
Government of Cuba had not responded to the aforementioned request for
information, decided to repeat once more to the Government of Cuba the
request, with mention of the date on which the 180-day period of Article
51 of the Regulations would elapse and the application of the rule of
the presumption of the confirmation of the allegations established in
to this decision a note was sent to the Government of Cuba on December
Government of Cuba has not responded.
51 of the Regulation reads as follows:
occurrence of the events on which information has been requested will be
presumed to be confirmed if the Government referred to has not supplied
such information within 18 days of the request, provided always that the
invalidity of the events denounced is not shown by other elements of
Commission may make an extension to the term of 180 days in cases in
which it finds it justified.
the formulation of observations nor, in general, the competence of the
Commission to take cognizance of denunciations regarding violations of
human rights committed in the territory of Cuba is barred by the
measures adopted by the Organization of American States with respect to
the present government of that country, since that government has not
denounced the Charter of the Organization, provided for in Article 148
of the Charter for which reason it is the duty of the Commission to
continue to take cognizance of these denunciations.
view of the systematic of the present Government of Cuba in the face of
the numerous communications received from the Commission, it would serve
no practical purpose to make the type of recommendations envisaged in
Articles 9 b and 9 (bis) of the Statute. However, this does not
prevent the Commission from making known its considered opinion on the
allegations to the General Assembly of the Organization of American
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
presume the confirmation of the occurrence of the allegations contained
in the communication of July 11, 1974, in application of Article 51 of
include this resolution in the Annual Report that the Commission
presents to the General Assembly of the Organization (Article 9 (bis) c
of its Statute) making known that the allegations constitute a serious
and a repeated case of the violation of the rights to a fair trial and
of protection from arbitrary arrest, set forth in Articles XVIII and XXV
of the American Declaration of the Rights and Duties of Man.
transmit this resolution to the Government of Cuba and to the claimants.
resolution was brought to the attention of the Cuban Government on June
1, 1975 and of the claimant on June 4, 1975.