RESOLUTION 40/81

Case 3347 (CUBA)

June 25, 1981

 

BACKGROUND:

 

In a communication of June 26, 1978, the following denunciation was made: "Political prisoner, Mr. Tomás Fernández Travieso, was sentenced to 30 years in prison on April 18, 1961, for having committed crimes against the powers of the State."

 

During his long 17-year stay in prison, Tomás Fernández Travieso developed his early literary ambitions, writing short stories, poems and one drama, most of which remain unpublished. "Prometeo," which contains a noble message of love and forgiveness, was staged for the first and only time on March 20-21, 1976, by the Miami-Dade Community College drama group in Miami. The performance was presented as a College activity, not as a primarily political act.

 

Several months after the performance of "Promote," its author, Tomás Fernández Travieso, who was on the way to obtaining his release under the "Plan Progresivo," after serving over half his 30-year sentence, was again transferred to a maximum security prison, Combinado del Este, in Havana, with a new charge against him, this time that his drama had been staged, an act for which he was not, nor is, responsible. Despite the fact that he was not tried, because in this case it was not necessary to sentence him again for the same offense, Tomás Fernández Travieso has remained in the prison since that time, under the worst conditions.

 

2.          In a note of January 8, 1979, the Commission transmitted the pertinent portions of the denunciation to the Cuban Government, requesting information on the case.

 

3.          The Government of Cuba has thus far not replied.

 

WHEREAS:

 

1.          To date, the Cuban Government has not yet replied to the Commission's request dated January 8, 1979.

 

2.          Article 39 (1) of the Commission's Regulations provides as follows:

 

Article 39

 

The facts reported in the petition whose pertinent parts have been transmitted to the government of the state in reference shall be presumed to be true if, during the maximum period set by the Commission under the provisions of Article 31 paragraph 5, the government has not provided the pertinent information, as long as other evidence does not lead to a different conclusion.

 

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

RESOLVES:

 

Pursuant to Article 39 (1) of its Regulations, to presume to be true the events denounced in the communication of June 26, 1978, concerning the detention of Tomás Fernandez Travieso.

2.          To declare that the Government of Cuba violated the right to a fair trial (Art XVIII of the American Declaration of the Rights and Duties of Man), the right of protection from arbitrary arrest (Art. XXV), and the right to due process of law (Art. XXVI).

 

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

 

4.          To include this resolution in the Commission's Annual Report to the General Assembly of the Organization of American States pursuant to Article 18, subparagraph (g), of the Commission's Regulations.

RESOLUTION 41/81

Case 3496 (CUBA)

June 25, 1981

 

BACKGROUND:

 

1.          In a communication of December 12, 1978, the following denunciation was received:

 

"The prisoner, Ernesto Arraigotia, was arrested in 1977, for having set fire to the odd auditorium theater. The prisoner had been a porter in the theater. He was accused of sabotage, and was imprisoned in the infamous "Security" jails, where he was interrogated, beaten and tortured.

 

In the beginning, he maintained his innocence, but, after a period of brutal treatment, they say he confessed his guilt. However, his confession did not convince anyone. It was the result of cruel mistreatment, a way of stopping the terrible punishment, and it did not convince his torturers.

 

He was then taken to the punishment cells in the Combinado del Este. There his mistreatment continued, and many of his companions believed he had died, either having been beaten to death or shot.

 

Ernesto Arraigotia is in danger of death. We believe him to be innocent. He is locked up in the punishment cells under bad conditions."

 

2.          In a note of December 20, 1978, the Commission transmitted the pertinent portions of the denunciation to the Cuban Government, requesting information on it.

 

3.          The Government of Cuba has thus far not replied.

 

WHEREAS:

 

1.          To date, the Cuban Government has not replied to the Commission's request dated December 20, 1978.

 

2.          Article 39 (1) of the Commission's Regulations provides as follows:

 

Article 39

 

The facts reported in the petition whose pertinent parts have been transmitted to the government of the state in reference shall be presumed to be true if, during the maximum period set by the Commission under the provisions of Article 31, paragraph 5, the government has not provided the pertinent information, as long as other evidence does not lead to a different conclusion.

 

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

RESOLVES:

 

1.          Pursuant to Article 39 (l) of its Regulations, to presume to be true the events denounced in the communication of December 12, 1978, concerning the detention of Mr. Ernesto Arraigotia.

 

2.          To declare that the Government of Cuba violated the right to life, liberty and personal security (Art. I of the American Declaration of the Rights and Duties of Man).

 

3.          To communicate this decision to the Government of Cuba and to the claimants.

 

4.          To include this resolution in the Commission's Annual Report to the General Assembly of the Organization of American States pursuant to Article 18(f) of the Statute and Article 59(g) of the Regulations of the Commission.

RESOLUTION 42/81

Case 3992 (CUBA)

June 25, 1981

 

BACKGROUND:

 

1.          In a communication of March 15, 1979, the following denunciation was made:

 

"Your valuable aid is requested to make possible the departure from Cuba of the widow Clara Abrahante Boite. She is the mother of fellow countryman Pedro Luis Boitel, who died in the Cuban jails some time ago. Mrs. Abrahante has repeatedly applied for permission to leave the island, but without result."

 

2.          In a note of April 4, 1979, the Commission transmitted the pertinent portions of the denunciation to the Cuban Government, requesting information on the case.

 

3.          The Government of Cuba has thus far thus not replied.

 

WHEREAS:

 

1.          To date, the Government of Cuba has not replied to the Commission's request dated April 4, 1979.

 

2.          Article 39 (1) of the Commission's Regulations provides as follows:

 

Article 39

 

The facts reported in the petition whose pertinent parts have been transmitted to the government of the state in reference shall be presumed to be true if, during the maximum period set by the Commission under the provisions of Article 31 paragraph 5, the government has not provided the pertinent information, as long as other evidence does not lead to a different conclusion.

 

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

RESOLVES:

 

1.          Pursuant to Article 39 (1) of its Regulations, to presume to be true the events denounced in the communication of March 15, 1979, concerning the detention of Mrs. Clara Abrahante.

 

2.          To declare that the Cuban Government violated the right to life, liberty and personal security (Art. I) and the right to residence and movement (Art. VIII of the American Declaration of the Rights and Duties of Man).[1]

 

3.          To communicate this decision to the Government of Cuba and the claimants.

 

4.          To include this resolution in the Commission's Annual Report to the General Assembly of the Organization of American States, pursuant to Article 18(f) of the Statute and Article 59(g) of the Regulations of the Commission.

 

RESOLUTION 43/81

Case 3956 (CUBA)

June 25, 1981

 

BACKGROUND:

 

1.          In a communication of October 30, 1978, the following denunciation was received: "Prisoner Eleno Oviedo vas taken into custody on February 20, 1963. He was not tried until September 1970, and was sentenced to 30 years of hard labor."

 

2.          In a note of March 22, 1979, the Commission transmitted the pertinent portions of the denunciation to the Cuban Government, requesting information on the case.

 

3.          The Government of Cuba has thus far not replied.

 

WHEREAS:

 

1.          To date, the Government of Cuba has not yet replied to the Commission's request dated March 22, 1979.

 

Article 39 (1) of the Commission's Regulations establishes as follows:

 

Article 39

 

The facts reported in the petition whose pertinent parts have been transmitted to the government of the state in reference shall be presumed to be true if, during the maximum period set by the Commission under the provisions of Article 31 paragraph 5, the government has not provided the pertinent information, as long as other evidence does not lead to a different conclusion.

 

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

RESOLVES:

 

1.          Pursuant to Article 39 (1) of its Regulations, to presume the events denounced in the communication of October 30, 1978, concerning the detention of Eleno Oviedo, to be true.

 

2.          To declare that the Government of Cuba violated the right to a fair trial (Art. XVIII of the American Declaration of the Rights and Duties of Man).

 

3.          To communicate this decision to the Government of Cuba and to the claimants.

 

4.          To include this resolution in the Commission's Annual Report to the General Assembly of the Organization of American States, pursuant to Article 18(f) of the Statute and Article 59(g) of the Regulations of the Commission.