Fwd: Appeals that you might send this week.
Steve Marquardt
South Dakota State University Dean of Libraries Emeritus
Amnesty International member since 1982
9383 123rd Avenue SE
Lake Lillian, Minnesota 56253-4700
(320) 664-4231
http://groups.google.com/group/Cuba451Letters
President of the Republic
Raúl Castro Ruz
Presidente de la República de Cuba
La Habana, Cuba
Your Excellency,
News has been published in the United States about the recent arrest of a family of four human rights in Holguín, following the death of Fidel Castro.
The three siblings, who began a hunger strike on March 7, have been set free under conditional release. Their mother, Maydolis Leyva Portelles, currently under house arrest, remains a prisoner of conscience and must be released immediately and unconditionally, because she is a prisoner of conscience, imprisoned solely for peacefully exercising her right to freedom of expression
According to their mother, the twin sisters Anairis and Adairis Miranda Leyva, and their brother, Fidel Manuel Batista Leyva, have been granted under conditional release (licencia extrapenal) on April 2 after a prolonged hunger strike. Authorities have permitted Maydolis Leyva Portelles, who has been carrying out her sentence under house arrest, to visit all three of her children in hospital that same day.
The three siblings and their mother, all human rights defenders, were arrested on November 27, 2016, two days after the death of Fidel Castro. The siblings began a hunger strike on March 7, 2017 – the day when they began serving their sentences 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.
Political dissidents are frequently set free under licencia extrapenal in Cuba, a form of conditional release meaning that charges are not dropped but that those convicted are allowed to spend the remainder of their sentences outside prison. For example, some political dissidents arrested during the 2003 “crackdown” were released under this condition. Under this condition, the authorities could arrest the siblings again and return them to prison to complete their sentence.
To date, Maydolis Leyva Portelles has not received notice of her release from house arrest. She remains a prisoner of conscience and must be released immediately and unconditionally.
I call on the Cuban authorities to guarantee the peaceful right to freedom of expression, assembly and association including for dissident, opponent or activist voices and to repeal all legislation that unduly limits these rights.
Sincerely and respectfully yours,
Steve
R. Marquardt
Ph.D. in European History, University of Minnesota, 1977
South Dakota State University Dean and Professor of Libraries Emeritus
Recipient of Dorothy and Eugene T. Butler Human Rights Award, 2006
Recipient of Macalester College Distinguished Citizen Award, 2015
Copy to: Ambassador Jose Cabañas, Washington, D.C.
Ambassador Jose Cabañas
Embassy of Cuba
2630 16th Street NW
Washington, D.C. 20009
DEATILS:
A family of four human rights defenders were arrested in Holguín, south-east Cuba, following the death of Fidel Castro. The three siblings, who began a hunger strike on 7 March, have been set free under conditional release. Their mother, Maydolis Leyva Portelles, currently under house arrest, remains a prisoner of conscience and must be released immediately and unconditionally.
Cuban authorities set free twin sisters Anairis and Adairis Miranda Leyva, and their brother, Fidel Manuel Batista Leyva, under conditional release (licencia extrapenal) on 2 April after a prolonged hunger strike, according to their mother Maydolis Leyva Portelles. Authorities permitted Maydolis Leyva Portelles, who has been carrying out her sentence under house arrest, to visit all three of her children in hospital that same day.
The three siblings and their mother, all human rights defenders, were arrested on 27 November 2016, two days after the death of Fidel Castro. The siblings began a hunger strike on 7 March 2017, the day they began serving their sentences 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.
Political dissidents are frequently set free under licencia extrapenal in Cuba, a form of conditional release meaning that charges are not dropped but that those convicted are allowed to spend the remainder of their sentences outside prison. For example, some political dissidents arrested during the 2003 “crackdown” were released under this condition. Under this condition, the authorities could arrest the siblings again and return them to prison to complete their sentence.
To date, Maydolis Leyva Portelles has not received notice of her release from house arrest. She remains a prisoner of conscience and must be released immediately and unconditionally.
Please write immediately in Spanish or your own language:
Calling on the authorities to release Maydolis Leyva Portelles from house arrest immediately and unconditionally, as she is a prisoner of conscience, imprisoned solely for peacefully exercising her right to freedom of expression; Calling on them to guarantee the peaceful right to freedom of expression, assembly and association including for dissident, opponent or activist voices and to repeal all legislation which unduly limits these rights.
ADDITIONAL INFORMATION
The arrests of Anairis and Adairis Miranda Leyva, Fidel Manuel Batista Leyva and Maydolis Leyva Portelles took place in Holguín on 27 November 2016 and coincided with an “act of repudiation” (acto de repudio), a government-led demonstration that is common in Cuba, carried out at the family’s home. According to Maydolis Leyva Portelles, there were many non- uniformed state security officials, including political police and military officials, present during the arrest. The family are government critics, known for their activism and associated with a number of political and human rights movements including the Cuban Reflection Movement (Movimiento Cubano de Reflexión). According to its webpage, El Movimiento Cubano de Reflexión is a non-violent organization which aims to mobilize Cuban citizens to bring about social change.
Maydolis Leyva Portelles and her children were charged under Article 204 of the Penal Code, which criminalizes “defamation of institutions, organizations and heroes and martyrs of the Republic of Cuba” (difamación de las instituciones y organizaciones y de los héroes y mártires). Under the law, anyone who publically defames, denigrates or disparages institutions of the Cuban Republic, or political organizations, or heroes or martyrs of the homeland, risks sanctions of deprivation of liberty of three months to a year or a fine. On 13 January 2017, a court of second instance upheld a one-year prison sentence for all three siblings, but allowed their mother to carry out her sentence under house arrest in order to care for her grandchildren, Adairis’ children. Amnesty International considered all three siblings and their mother to be prisoners of conscience, imprisoned solely for peacefully exercising their right to freedom of expression. According to their mother, the three siblings began a hunger strike on 7 March, the day they began serving their sentences and were imprisoned.
Under international law, the use of defamation laws with the purpose or effect of inhibiting legitimate criticism of the government or public officials violates the right to freedom of expression.
Name: Anairis Miranda Leyva (f), Adairis Miranda Leyva (f), Fidel Manuel Batista Leyva (m), Maydolis Leyva Portelles (f) Gender m/f: all
Further information on UA: 76/17 Index: AMR 25/6012/2017 Issue Date: 3 April 2017
A SECOND (different) APPEAL:
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
Dear Attorney General:
According to a report published in the United States, Cuban authorities on March 20 sentenced human rights defender Dr. Eduardo Cardet Concepción to three years in prison, after holding him in provisional prison in Holguín since November 2016.
Eduardo Cardet is a prisoner of conscience who must be released immediately and unconditionally.
He has been leader of the Movimiento Cristiano Liberación since 2014. He was arrested in Holguín on November 30, 2016 – five days after the death of the former leader of Cuba, Fidel Castro. He has since been held in the provisional prison of Holguín and will remain there while he carries out the appeals.
Eduardo Cardet was charged with attacking an official of the state (atentado) after he publicly criticized Fidel Castro a few days after his death. Prior to his arrest, Eduardo Cardet had given interviews published in international media in which he had been critical of the Cuban government. In an interview with Madrid-based radio station esRadio, aired two days before his arrest, he described the mourning in Cuba following the death of Fidel Castro as imposed, and said: “Castro was a very controversial man, very much hated and rejected by our people.” His lawyer had until March 31 to file an appeal.
I appeal to Cuban authorities to release Dr. Eduardo Cardet immediately and unconditionally, because he is a prisoner of conscience, imprisoned solely for peacefully exercising his right to freedom of expression
Cuban authorities must guarantee peaceful rights to freedom of expression, assembly and association, including for dissenting opponent or activist voices, and all legislation which unduly limits these rights must be repealed.
Until such time that Dr. Eduardo Cardet is released, he must be provided with any medical care he may require. Please see that he is not tortured or otherwise ill-treated, and is granted regular access to family and lawyers of his choosing.
Sincerely and respectfully yours,
Steve
R. Marquardt
Ph.D. in European History, University of
Minnesota, 1977
South Dakota State University Dean and Professor of Libraries Emeritus
Recipient of Dorothy and Eugene T. Butler Human Rights Award, 2006
Recipient of Macalester College Distinguished Citizen Award, 2015
Copy to: Ambassador Jose Cabañas, Washington, D.C.
Ambassador Jose Cabañas
Embassy of Cuba
2630 16th Street NW
Washington, D.C. 20009
PLEASE SEND APPEALS BEFORE 8 MAY 2017 TO:
President of the Republic Raúl Castro Ruz Presidente de la República de Cuba La Habana, Cuba
Fax:
Email:
Attorney General
Salutation:
Dr. Darío Delgado Cura
Fiscal General de la República
Fiscalía General de la República
+41 22 758 9431 (Cuba Office in
Amistad 552, e/Monte y Estrella
Geneva); +1 212 779 1697 (via Cuban
Centro Habana, La Habana, Cuba
Mission to UN)
Dear Attorney General/
cu...@un.int (c/o Cuban Mission
Señor Fiscal General
to UN)
Salutation: Your Excellency
Ambassador Jose Cabañas
Embassy of Cuba
2630 16th Street NW
Washington, D.C. 20009
ADDITIONAL INFORMATION
According to five witnesses who spoke to Amnesty International by telephone on the condition of anonymity, Eduardo Cardet was pushed off his bicycle and violently detained in the early evening of 30 November 2016 by at least four plain clothed and one uniformed police officer as he returned home after visiting his mother. It is not clear on what grounds Eduardo Cardet was initially detained. According to his wife, who witnessed her husband’s detention with their two children, Eduardo Cardet is charged with attacking an official of the state (atentado). This offence is covered under Article 142.1 of the Criminal Code. One officer is alleging that Eduardo Cardet pushed him during his arrest. All witnesses who spoke with Amnesty International counter this allegation, and state that Eduardo Cardet was quickly and violently restrained by plain clothed officials, placed in handcuffs, and beaten, and had no opportunity for self-defence. The witnesses believe that Eduardo Cardet was arrested for his beliefs and ideas.
The Christian Liberation Movement (Movimento Cristiano Liberación, MCL) is a prominent actor in the pro-democracy movement in Cuba. According to its website, it is a movement for peaceful and democratic change and respect for human dignity. It was founded in 1988 by Oswaldo Payá Sardiñas, who became a visible figure of the Cuban political opposition, and four other activists. Amnesty International has documented harassment and intimidation of members of the MCL for decades. In 1991, after Oswaldo Payá Sardiñas presented a petition calling for a national referendum relating to constitutional reform, he had his home destroyed by over 200 people, said to be members of a Rapid Response Brigade. After Oswaldo Payá announced his intention to put himself forward as a candidate for deputy to the National Assembly for the municipality of Cerro, Havana, members of his organization were reportedly subjected to frequent questioning and short-term detention.
The Cuban Commission for Human Rights and National Reconciliation, a Cuban-based human rights NGO not recognized by the state, documented a monthly average of 827 politically motivated detentions in 2016. In an interview published on 16 September 2016 by ABC International, Eduardo Cardet stated: “Political activities are passed off as criminal offences such as inciting public scandal, contempt of or offences against the authorities, and the political police use these classifications to lock up dissidents" (Se disfraza la actividad política con hechos delictivos comunes, por ejemplo, escándalo público, desacato, atentado, figuras que utiliza la policía política para encarcelar a los disidentes).
Cuba is closed to Amnesty International and nearly all independent international human rights monitors.
Name: Dr Eduardo Cardet Concepción Gender m/f: m
Further information on UA: 32/17 Index: AMR 25/5979/2017 Issue Date: 27 March