COUNTING CUBA'S POLITICAL PRISONERS

C O N F I D E N T I A L SECTION 01 OF 02 HAVANA 000084

SIPDIS

SIPDIS

DEPT FOR WHA/CCA

E.O. 12958: DECL: 01/24/2017
TAGS: CU PGOV PHUM PINR PREL
SUBJECT: COUNTING CUBA'S POLITICAL PRISONERS

Classified By: COM: M.E. Parmly : For reasons 1.4 b/d


1. (C) Summary: The Cuban Commission for Human Rights and
National Reconciliation (CCDHRN) released its end of year
report on political prisoners in Cuba. The report lists 234
political prisoners, a drop from 246 named in the July 2007
report, and from the 316 political prisoners held in July of
2006 when Fidel Castro temporarily ceded power to his brother
Raul. Almost everyone who was released in 2007 had served
out his entire sentence. The GOC has shown a marked shift
away from political trials and lengthy prison sentences and
instead is using short term detentions to control dissent.
Human rights activists in Cuba continue to have disagreements
over who should be listed as a political prisoner. End
summary.


2. (C) CCDHRN releases twice a year the most comprehensive
list of prisoners that is issued in Cuba. It is the only
report issued by a Cuban opposition group that provides a
comprehensive listing of political prisoner including the
names, locations, length of sentences and the reasons for
conviction. The director of CCDHRN, Elizardo Sanchez Santa
Cruz, interprets the decline in the number of political
prisoners from 316 listed in the report of July 2006 to 246
named in the end of the year report as part of a policy to
court public opinion, especially in European Union countries.
All indications are that the GOC is making a conscientious
effort to avoid long term arrests, and to let the numbers of
political prisoners fall by attrition, as prisoners complete
their sentences.


2. (C) Sanchez does not believe that it is possible that
the GOC will grant a generalized amnesty because it will
never admit that any of these people have been falsely
accused and will maintain the assertion that these people are
paid mercenaries of the United States trying to subvert
Cuba's political system. However, Sanchez and several other
activists have told Poloff that they expect a symbolic
release, such as a few of the most ill of the 59 prisoners
still incarcerated as part of the wave of repression in 2003.
This would coincide with Cuba's intention to sign two UN
conventions on civil and political rights and on economic,
social and cultural rights. Sanchez said that GOC believes
it is in its interest not to add to the numbers of those
jailed for political reasons. It is noteworthy that even
though the GOC has the power to send back to prison at any
time those that it has released on a conditional basis for
medical reasons, it has not exercised this option. Several
of those released conditionally within the last two years,
such as Martha Beatriz Roque, Roberto de Miranda and
Francisco Chaviano, have been continually active in protests
and efforts to promote democracy without being taken into
custody and required the serve out the remainder of their
sentences. In the case of Jorge Luis Garcia Perez
("Antunez"),security forces have detained him on a nearly
weekly basis, and each time he has been released after
several hours without charges.


3. (C) The CCDHRN report notes that in 2007 there were 325
short term detentions. Almost all of these people were
released without charges after a few hours or days. Two
exceptions to this are independent librarian, Juan Bermudez
Toranzo, held without charges since 21 November 2007 and
Vladimir Alejo Miranda, President of the Popular Movement for
Human Rights "Miguel Valdes Tamoya", held without charges
since 2 December 2007. Many of those detained were
participating in or on their way to protest activities. From
the statements of some members of opposition youth
organizations the short term detentions have been effective,
particularly at scaring young people away from political
actions.


4. (C) It should be noted that not all human rights
activists agree with CCDHRN's methods of counting political
prisoners. For example, Oswaldo Paya does not believe that
those convicted of violent acts should be included. On
CCDHR's list are Raul Ernesto Cruz Leon and Otto Rene
Rodriguez Llerena who were sentence for involvement in a
series of hotel bombings in which an Italian tourist died.
Likewise there are arguments about many of the 35 persons on

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CCDHRN list who were convicted of terrorism as whether some
were framed and whether they had committed or just plotted
violent acts. Also, Martha Beatriz Roque and others do not
think that ex-members of the security apparatus such as
Rolando Sarraf Trujillo should be included since these are
probably not people who acted out of convictions, but instead
were caught up in the machinations of power politics.
Likewise, the list includes several people, such as Luis
Mariano Delis Utria sentenced to 13 years, for attempted
illegal departure from the country, solely on the basis that
they received an exceptionally harsh sentence. The lists
omits the hundreds jailed for this offense that received
lesser sentences.


5. (C) Another very difficult problem concerns those
sentenced for "dangerousness". The law allows for sentences
ranging from fines to four years in prison solely on the
basis that a police officer reports to a judge that a person
has the potential to commit a crime. No proof is required in
these cases and the defendants aren't allowed legal
representation. CCDRH only lists those who are convicted of
"dangerousness" that are members of recognized opposition
groups. Sanchez extrapolates from numbers of people
convicted of this offense reported by political prisoners as
present in their cell blocks, that there are 3000 to 5000 in
jail for "dangerousness" in Cuba. The majority of these
people are not jailed for political reasons, but rather for
things such as youths showing a bad attitude to a policeman
or young people being stopped in the street in Havana after
having been previously sent back to their hometowns. Sanchez
estimates that about 1000 women are in jail for this charge
who were engaged in prostitution. Prostitution for adults is
legal but police chiefs who do not want this activity in
their neighborhood use this law to take these women off the
streets. Thus, the CCDHRN list includes people who committed
a violent crime for political reasons, but excludes people
who are guilty of no crime whatsoever. Paya in his recent
amnesty project, demands the release of all those convicted
of "dangerousness".


PARMLY