APPENDIX V

 

RESOLUTION (CASE 1834)

 

 

WHEREAS:

 

By communication of April 16, 1974, various acts, imputable to the Government of Cuba, are denounced allegedly in violation of Articles I, II, XVIII, XXV and XXVI of the American Declaration of the Rights and Duties of Man.

 

In exercise of the authority granted it by Article 9 (bis) of its Statute, the Commission requested the Government of Cuba, by note of June 3, 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 Regulation.

 

At its thirty-fourth session (October 1975) the Commission considered a communication of October 24, 1975, furnishing additional information to that of April 16, in which the Government of Cuba is accused of acts and situations allegedly in violation of the rights to life, liberty and personal security; to equality before the law, to a fair trial; of protection from arbitrary arrest and to due process of law.

 

Noting that the Government of Cuba had not replied to the request for information of June 3, 1974, it was also decided at that session to repeat the request with mention of the date on which the 180-day period of Article 51 of the Regulation would elapse and the application of the rule of the presumption of the confirmation of the allegations established in that article, and to transmit to the government, at the same time, the pertinent parts of the additional information submitted by the claimants and to request the appropriate information, as provided by Article 9 (bis) of the Statute and Article 42 and 44 of the Regulations.

 

Pursuant to this decision a note was sent to the Government of Cuba on December 17, 1974.

 

The Government of Cuba has not responded.

 

Article 51 of the Regulations reads as follows:

 

1.      The 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 180 days of the request, provided always, that the invalidity of the events denounced is not shown by other elements of proof.

 

2.      The Commission may make an extension to the term of 180 days in cases in which it finds it justified.

 

In view of the systematic silence 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) b 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 States.

 

Neither the formulation of observation 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, as 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.

 

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

RESOLVES:

 

1.          To presume the confirmation of the occurrence of the events attributed to the Government of Cuba as contained in the communications of April 16 and October 24, 1974, in application of Article 51 of the Regulations.

 

2.          To 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 it known that the facts set forth in the communications that constitute File No. 1834 constitute a very serious case of the violation of the rights to life, liberty and personal security; to equality before the law; to justice; to protection from arbitrary arrest and to due process, set forth in Articles I, II, XVIII, XXV, XXVI, of the American Declaration of the Rights and Duties of Man.

 

3.          To transmit this resolution to the Government of Cuba and to the claimants.

 

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