His Excellency Raúl Castro Ruz
President of the Republic
Presidente de la República de Cuba
La Habana, CubaYour Excellency,
I write to bring to your attention three siblings, each of whom have been sentenced to one year of prison for allegedly leaving their house during the state mourning following Fidel Castro´s death.
They have been reported to be on hunger strikes after being harassed and intimidated in Cuba since their conditional release in April.
Their sentences should be quashed and their release made unconditional.
These three siblings – twin sisters Anairis and Adairis Miranda Leyva, their brother, Fidel Manuel Batista Leyva – and their mother, Maydolis Leyva Portelles, are human rights defenders who were arrested on November 27, 2016, two days after the death of Fidel Castro. The siblings were given a one-year sentence for “defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba” and “public disorder” for allegedly leaving their house during the period of state mourning.
On April 2, after a prolonged hunger-strike, the three siblings were released under conditional release, or licencia extrapenal. I understand the this form of conditional release means that charges are not dropped but that those convicted are allowed to spend the remainder of their sentences outside prison. Their mother has remained under house arrest.
On June 8 the three siblings began another hunger strike to protest their harassment and intimidation and to seek the quashing of the sentences against all four members of their family.
According to Maydolis Portelles, the family has been subjected to harassment and intimidation from various state entities, following their conditional release. The municipal court of Holguín summoned the siblings several times and threatened to revoke the release if they did not begin to work. Members of the family were also subjected to at least two “acts of repudiation. Additionally, several doctors at Hospital Lenin denied the siblings medical treatment unless they gave up their hunger strike, according to Maydolis Porteyes. The three siblings are currently at home, where they have been since leaving the hospital on 20 June.
I call on Cuban authorities to quash all four sentences against Anairis Miranda Leyva, Adairis Miranda Leyva, Fidel Manuel Batista Leyva, and Maydolis Leyva Portelles, who were imprisoned solely for peacefully exercising their right to freedom of expression
Cuba authorities must also refrain from using measures to punish hunger strikers or to coerce them to end a hunger strike, which would be a violation of their right to freedom of expression.
Kindly provide the siblings with access to qualified health professionals providing health care in compliance with medical ethics, including the principles of confidentiality, autonomy, and informed consent.
I thank you for your attention to this request.
Sincerely and respectfully yours,
Copy to: Dr. Darío Delgado Cura, Fiscal General de la República
Dr. Darío Delgado Cura
Fiscal General de la República
Fiscalía General de la República
Amistad 552, e/Monte y Estrella
Centro Habana, La Habana, Cuba
Fiscal General de la República
Fiscalía General de la República
Amistad 552, e/Monte y Estrella
Centro Habana, La Habana, Cuba
URGENT ACTION
EX-PRISONERS OF CONSCIENCE INTIMIDATED
Three siblings sentenced to one-year of prison for allegedly leaving their house during the state mourning following Fidel Castro´s death, are on hunger strike after being harassed and intimidated in Cuba since their conditional release in April. Their sentences should be quashed and their release made unconditional.
Three siblings, twin sisters Anairis and Adairis Miranda Leyva, their brother, Fidel Manuel Batista Leyva and their mother,Maydolis Leyva Portelles, all human rights defenders, were arrested on 27 November 2016, two days after the death of Fidel Castro. The siblings were given a one-year sentence for “defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba” and “public disorder” for allegedly leaving their house during the period of state mourning.
On 2 April, after a prolonged hunger-strike, the three siblings were released under conditional release (licencia extrapenal). This form of conditional release means that charges are not dropped but that those convicted are allowed to spend the remainder of their sentences outside prison. Their mother has remained under house arrest.
On 8 June, the three siblings began another hunger strike to protest their harassment and intimidation and to seek the quashing of the sentences against all four members of their family.
According to Maydolis Portelles, since their conditional release, the family has been subjected to harassment and intimidation from various state entities. The municipal court of Holguín summoned the siblings several times and threatened to revoke the release if they did not begin to work. Members of the family were also subjected to at least two “acts of repudiation” (acto de repudio), a government-led demonstration that is common in Cuba. Additionally, several doctors at Hospital Lenin denied the siblings medical treatment unless they gave up their hunger strike, according to Maydolis Porteyes. The three siblings are currently at home, where they have been since leaving the hospital on 20 June.
Please write immediately in Spanish or your own language:
Calling on the authorities to quash all four sentences against Anairis Miranda Leyva, Adairis Miranda Leyva, Fidel Manuel Batista Leyva, and Maydolis Leyva Portelles who were imprisoned solely for peacefully exercising their right to freedom of expression;
Calling on them to refrain from using measures to punish hunger strikers or to coerce them to end a hunger strike, which would be a violation of their right to freedom of expression.
Urging them to provide the siblings with access to qualified health professionals providing health care in compliance with medical ethics, including the principles of confidentiality, autonomy, and informed consent.
PLEASE SEND APPEALS BEFORE 11 AUGUST 2017 TO:
President of the Republic
Raúl Castro Ruz
Presidente de la República de Cuba
La Habana, Cuba
Fax: +41 22 758 9431 (Cuba Office in Geneva); +1 212 779 1697 (via Cuban Mission to UN)
Email: cu...@un.int (c/o Cuban Mission to UN)
Salutation: Your Excellency / Su Excelencia
Attorney General
Dr. Darío Delgado Cura
Fiscal General de la República
Fiscalía General de la República
Amistad 552, e/Monte y Estrella
Centro Habana, La Habana, Cuba
Salutation: Dear Attorney General/ Estimado Sr. Fiscal General