Freedom of Expression
Press Release R152/18
The Office of the Special Rapporteur Expresses
Concern over Criminal Convictions for desacato laws in Cuba
July 17,
2018
Washington D.C. - The Office of the Special Rapporteur
for Freedom of Expression of the Inter-American Commission on Human Rights
(IACHR) expresses its deep concern over the application of desacato
laws, followed by imprisonment, against the Doctor of Biological Sciences,
Ariel Ruiz Urquiola, in Cuba. The aforementioned adds to the conviction of
Eduardo Cardet Concepción, coordinator of the Christian Liberation Movement
(MCL, by its Spanish acronym), who has been in prison for more than a year.
The Office of the Special Rapporteur warns about the
increased criminalization of scholars, journalists, artists and activists,
through the application of crimes that sanction criticism of public officials
in Cuba. In many of these cases, the proceedings involve the immediate
deprivation of liberty of those who express opinions, information, or
criticism, on topics of public interest, or that refer to government officials.
According to the information available, on May 8,
Ariel Ruiz Urquiola was sentenced to one year of detention by the Municipal
Court of Viñales, in a summary trial, for the application of desacato
laws. This decision was confirmed on May 22 on appeal by the First Criminal
Chamber of the Popular Provincial Court of Pinar del Río. On July 3, the
biologist was released under an "extra-penal license" for health reasons, after
he went on a 16-day hunger and thirst strike to protest his situation.
According to information of public knowledge, on May
3, members of the Forest Ranger Agency, which is part of the Interior Ministry,
entered the lands that Ruiz Urquiola had leased in usufruct to the State in the
Viñales National Park, in order to request that he showed them the ownership of
his work instruments and the legal permits for the activities that would be carried
out. According to the information, the officials had refused to show official
identification, reason why the biologist referred to them as "rural guards," a
term that in the country would have a negative connotation. On the same day,
occurred the application of desacato laws, followed by imprisonment,
against Ruiz Urquiola, for allegedly insulted the Rangers.
Previously, in 2016, Ruiz Urquiola had been expelled
from the Center for Marine Research (CIM, by its Spanish acronym) of the
University of Havana, allegedly for his political opinions and for having
denounced in an academic event in 2008, through the results of his doctoral
research, that the government allowed the fishing of endangered turtles.
Moreover, the Office of the Special Rapporteur was informed
that Martha Sánchez González, a member of the group Damas de Blanco
would remain in custody since March 2018, charged with disobedience and
insulting the authority.
The Office of the Special Rapporteur notes with
concern that in Cuba the application of desacato laws in these cases is
not an isolated incident. In Cuba, criminal law and the application of desacato
laws are used as mechanisms of subsequent responsibility to the detriment of
people who disseminate ideas, opinions and critical information towards the
government. In this regard, it was reported that Eduardo Cardet Concepción,
coordinator of the Movimiento Cristiano Liberación (MCL, by its Spanish
acronym), would remain in custody following a conviction in March 2017 for the
crime of attacking the authority. According to the information, Cardet
Concepción was arrested on November 30, 2016, a few days after the death of
Fidel Castro, after allegedly criticizing the former Cuban President in an
interview, in the so-called period of national mourning imposed by the Cuban
government. On February 24, 2018 [only available in
Spanish], the IACHR granted precautionary measures in his favor requesting the
Cuban government to adopt the necessary measures to guarantee his life and
personal integrity.
Since its creation, the Office of the Rapporteur has
examined the problem of desacato laws because of the danger that they
could become a mechanism to stifle pluralistic and democratic debate on the
government administration. In this regard, the Office of the Special Rapporteur
has held on several occasions that "desacato laws are not compatible
with the Inter-American Human Rights System, as they violate the freedom of
thought and expression set forth in Articles IV of the American Declaration of
the Rights and Duties of Man and 13 of the American Convention. These norms
lend themselves "to abuse, as a means to silence unpopular ideas and
opinions, thereby restricting the debate that is critical to the effective
functioning of democratic institutions."
The Office of the Special Rapporteur notes that in
most of the American States, desacato laws for offenses have been
eliminated from criminal legislation. Likewise, in different States laws that
criminalize defamation of public officials had been repealed or modified. In
this way, this Office calls on the Cuban State to adapt its legal framework to
the Inter-American standards on freedom of expression.
Finally, the Office of the Special Rapporteur reminds
the Cuban government that principle 11 of the Declaration of Principles on
Freedom of Expression establishes that "public officials are subject to greater scrutiny by society. Laws that
penalize offensive expressions directed at public officials, generally known as
‘desacato laws,’ restrict freedom of expression and the right to information."
The Office of the Special Rapporteur
for Freedom of Expression is an office created by the Inter-American Commission
on Human Rights (IACHR) in order to stimulate the hemispheric defense of the
right to freedom of thought and expression, considering its fundamental role in
the consolidation and development of the democratic system.
R152/18