RESOLUTION Nº 11/82
March 8, 1982
following was denounced in a communication of August 21, 1981:
Eloy Alvarez Hernández had waited patiently since 1961, the year that I
left Cuba, leaving all his papers ready so that he could join me as soon
as the Cuban Government should allow him to leave. First, he reached the
age for military service; later, ninety days after reporting, they
halted his departure in the October 1962 crisis. They denied his
departure at the time of Camarioca. When the period for family reunion
began, I prepared everything again. He wrote to immigration, and they
replied that he was not included in the family reunion. Then, through
the community, his mother went to see him. Upon seeing his mother and
knowing that she would be leaving again, his nerves drove him to commit
the madness that he committed.
agree that Eduardo Eloy Hernández should be punished for the crime that
he committed of leaving illegally, for which the punishment in Cuba is
six months to three years. But I do not agree that he should be
sentenced to eight years' imprisonment, such as they wish to impose upon
him, for a crime that he did not commit, and that they have called
piracy" or theft of a ship, which at no time occurred. Proof of
that is that the lawyers are alarmed at this brutal sentence and have
appealed for a review of the case. Note: Eduardo was imprisoned on March
7, 1980; he was held prisoner on a farm without trial until June 5 of
this year. The sentence was made known on August 5, 1981.
they opened Mariel, I went in a shrimp boat called J. C. spoke with the
Cuban authorities and they promised me that they would leave him on the
requested list with his wife and child and that I should go home and not
worry, that my boat would return full of prisoners (as was the case),
and that they were being sent to me in another boat. His wife and child
came through Mariel with the promise that he was being sent in another
boat with prisoners, but this promise was not kept.
of this writing, they have again moved him to another farm where he was
previously, called Aisladores de Guivican (Havana) a top security
2. In a note dated
August 31, 1981, the Commission transmitted the pertinent parts of the
denunciation to the Cuban Government, so that it might provide it with
the information that it deemed appropriate.
3. To date, the
Cuban Government has not replied.
1. To date, the
Cuban Government has not replied to the request of August 21, 1981;
2. Article 39 of
the Regulations of the Commission provides as follows:
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.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. Based on
Article 39 of its Regulations, to presume to be true the events
denounced in the communications of August 21, 1981, concerned with the
arbitrary arrest of Eduardo Eloy Alvarez Hernández and the refusal to
allow him to leave the country.
2. To declare that
the Government of Cuba violated the right to protection against
arbitrary arrest (Article XXV), the right to a fair trial (Article
XVIII), the right to asylum (Article XXVII), and the right to protection
for the family (Article VI) 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 Regulation of the Commission