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 HAVANA 00000084 002 OF 002 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