Country Reports on Human Rights practices, 2004
Released by the Bureau of Democracy, Human Rights and Labor

Cuba (part 3 of 3)

2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the press insofar as they "conform to the aims of socialist society"; this clause effectively bars free speech. In law and in practice, the Government did not allow criticism of the revolution or its leaders. Laws against anti government propaganda, graffiti, and disrespect of officials impose penalties between 3 months and 1 year in prison. If President Castro or members of the ANPP or Council of State were the objects of criticism, the sentence could be extended to 3 years. Charges of disseminating enemy propaganda, which included merely expressing opinions at odds with those of the Government, could result in sentences of up to 14 years. In the Government's view, such materials as the Universal Declaration of Human Rights, to which the country is a signatory, international reports of human rights violations, and mainstream foreign newspapers and magazines, constituted enemy propaganda. Local CDRs inhibited freedom of speech by monitoring and reporting dissent or criticism. Police and State Security officials regularly harassed, threatened, and otherwise abused human rights advocates in public and private to intimidate them.

The Constitution states that print and electronic media are state property and can never become private property. The CP controlled all media except for a few small, unauthorized church run publications. The Penal Code bars "clandestine printing" and provides for 3 to 6 months' imprisonment for failure to identify the author of a publication or the printing press used to produce the publication. Even the Catholic church run publications, denied access to mass printing equipment, were subject to governmental pressure. Vitral magazine, a publication of the diocese of Pinar del Rio , continued to publish during the year, although officials publicly described it as "counterrevolutionary propaganda." The Cuban Conference of Catholic Bishops indicated that the Church did not register its publications with the Ministry of Culture as required by law because registration would force it to cede control to the State.

Citizens did not have the right to receive or possess publications from abroad, although news stands in hotels for foreigners and certain hard currency stores sold foreign newspapers and magazines. The Government continued to jam the transmission of Radio Martí and Television Martí. Radio Martí broadcasts at times overcame the jamming attempts on short wave bands, but its medium wave transmissions were blocked completely in Havana . State Security agents subjected dissidents, foreign diplomats, and journalists to harassment and surveillance, including electronic surveillance and surreptitious entry into their homes.

All legal media must operate under CP guidelines and reflect government views. The Government attempted to shape media coverage to such a degree that it pressured not only domestic journalists but also groups normally outside official controls, such as visiting and resident international correspondents. The Government barred some foreign journalists from entering the country.

Law 88 outlaws a broad range of activities that undermine state security and toughens penalties for criminal activity. Under the law, anyone possessing or disseminating "subversive" literature or supplying information that U.S. authorities could use to apply U.S. legislation, may be subject to fines and prison terms of 7 to 20 years for each charge. AI expressed "grave concern" regarding the application of Law 88, which it said appeared to place "unlawful restrictions on internationally recognized rights."

In 2003, authorities arrested and sentenced more than 30 independent journalists and human rights activists under Law 88. Reporters without Borders (RSF) continued its campaign on behalf of the imprisoned journalists.

At year's end, 22 independent journalists arrested in March 2003 for violating Law 88, including Ricardo González Alonso, remained in prison.

On February 4, the Government arrested José Agramonte Leiva, of the Project for Independent Libraries, on charges of contempt for authority for yelling "Down with Fidel!" Agramonte was still awaiting trial at year's end (see Section 1.c.).

The Government continued to subject independent journalists to: Internal travel bans; arbitrary and periodic detentions (overnight or longer); harassment of family and friends; seizures of computers, office, and photographic equipment; and repeated threats of prolonged imprisonment. Independent journalists in Havana reported that threatening phone calls and harassment of family members continued during the year. The authorities also placed journalists under house arrest to prevent them from reporting on human rights conferences and events and on court cases against activists. In addition, police increasingly tried to prevent independent journalists from covering so called sensitive events. AI, HRW, the Inter American Press Association, RSF, and the CPJ criticized the imprisonment of journalists and the Government's continued practice of detaining independent journalists and others simply for exercising their right to free speech.

The Government used Ministry of the Interior agents to infiltrate and report on independent journalists.

The authorities often confiscated journalists' equipment, especially photographic and recording equipment. Fax machines or computers could be purchased only using inconvertible pesos, with government permission; however, even if a receipt could be produced, police often confiscated equipment. Journalists reported that photocopiers and printers either were unavailable locally or the stores refused to sell them to individuals. During the year, the Government increased its efforts to confiscate satellite television antennas, which it considered "subversive materials."

Resident foreign correspondents reported that the very high level of government pressure experienced since 2000, including official and informal complaints about articles, continued throughout the year. The Government controlled members of the resident foreign press by requiring them to obtain an exit permit each time they wished to leave the country. The Government also forced foreign correspondents to hire local staff from government agencies.

Distribution of information continued to be controlled tightly. Importation of foreign literature was controlled, and the public was unable to receive or possess foreign magazines or newspapers. Leading members of the Government asserted that citizens did not read foreign newspapers and magazines because they had access to government media, including the daily televised government led discussion on the issues which they needed to concern themselves. The Government sometimes barred independent libraries from receiving materials from abroad and seized materials donated by foreign diplomats.

By year's end, 8 of 9 independent librarians arrested in March 2003 and convicted of violating Law 88 or for "acts against the independence or the territorial integrity of the State" remained in prison, under sentences of 13 to 26 years' imprisonment.

The Government controlled all access to the Internet, and all electronic mail messages were subject to government review and censorship. In November, RSF issued a report noting the severe repression of online freedom of expression. Access to computers and peripheral equipment was limited, and the Internet could be accessed only through government approved institutions. On January 12, the Ministry of Information and Communications issued a report stating there were 750 websites based in the country, including 1,100 ".cu" domains, many of which were hosted outside the country. Dial up access to government approved servers was prohibitively expensive for most citizens. For example, cyber cafes routinely charged 6 convertible pesos (150 pesos) per hour, nearly the average worker's monthly salary. Only foreigners were permitted to purchase Internet access cards from the national telephone monopoly, ETECSA. As a result, clandestine Internet connections continued to increase, and it was estimated that more than 40,000 of these connections were made during the year.

On January 24, the Ministry of Information and Communications enacted a resolution stating that direct access to the Internet only would be available through telephone lines paid for in dollars, in an attempt to restrict access "for the social good." In August, the Government closed six cyber cafes in Camaguey for not serving the "social good," leaving only one Internet cafe in the entire province. AI expressed concern stating, "the new measures constitute yet another attempt to cut off Cubans' access to alternative views and a space for discussing them."

E mail use grew slowly as the Government allowed access to more users; however, the Government still permitted access to very few persons or groups. In 2003, the Government blocked instant messaging programs. In 2002, the Government opened a national Internet gateway to some journalists, artists, and municipal level youth community centers, but the authorities continued to restrict the types and numbers of international sites that could be opened. The Government did not permit Catholic Church representatives to have Internet access.

The Government officially prohibits all diplomatic missions in Havana from printing or distributing publications, particularly newspapers and newspaper clippings, unless these publications exclusively address conditions in a mission's home country and prior government approval is received. Many missions did not accept this requirement and distributed materials; however, the Government's threats to expel embassy officers who provided published materials had a chilling effect on some missions.

The Government restricted literary and academic freedoms and continued to emphasize the importance of reinforcing revolutionary ideology and discipline at the expense of freedom of expression. The educational system taught that the State's interests took precedence over all other commitments. Academics, government journalists, and other government officials were prohibited from meeting with some diplomats without prior approval from the Ministry of Foreign Affairs. The Ministry of Education required teachers to evaluate students' and their parents' ideological character and to place such evaluations in school records. These reports directly affected students' educational and career prospects. Government policy required teaching materials for courses such as mathematics or literature to have an ideological content. Government efforts to undermine dissidents included denying them advanced education and professional opportunities. Government controlled public libraries denied access to books or information if the requestor was unable to produce a letter of permission from the proper government ministry. In 2003, President Castro stated publicly that the universities were open only to those who shared his revolutionary beliefs.

On February 22, an official of the Association for the Promotion and Development of Literature barred independent journalist Abela Soto from a literary presentation in Pinar del Rio , stating that the event was "only for revolutionaries."

On May 24, authorities expelled 16 year old student Yasmani Oliva from the Art Teachers School in Santa Clara for producing an anti Castro poster. He was sent home and later summoned to a minor's reeducation center.

Artistic expression was less restricted. The Government encouraged the cultural community to attain the highest international standards and to sell its work overseas for hard currency.

b. Freedom of Peaceful Assembly and Association
Although the Constitution grants limited rights of assembly and association, these rights are subject to the requirement that they may not be "exercised against the existence and objectives of the Socialist State."  The law punishes any unauthorized assembly of more than three persons, including those for private religious services in private homes, by up to 3 months in prison and a fine. The authorities selectively enforced this prohibition and often used it as a legal pretext to harass and imprison human rights advocates.

On February 9, Doralis Velásquez Falcón, wife of jailed labor activist Héctor Raúl Valle Hernández, was summoned to the police station after a group of Czech officials visited her to express solidarity with her husband's case. Officers of the State Security agency warned that action would be taken against her if she continued her pro civil rights activities.

The Government's policy of selectively authorizing the Catholic Church to hold outdoor processions at specific locations on important feast days continued during the year. On September 8, the Government permitted, for the seventh consecutive year, a procession in connection with Masses celebrating the feast day of Our Lady of Charity in Havana . A number of activists participated in the procession. The authorities permitted approximately 50 processions nationwide to mark the feast day of Our Lady of Charity but denied approximately 14 others. The Catholic Church decided to stop requesting permits for processions in areas where they historically were not permitted.

The authorities never have approved a public meeting by a human rights group and often detained activists to prevent them from attending meetings, demonstrations, or ceremonies (see Section 1.d.). There were unapproved meetings and demonstrations, which the Government frequently disrupted or attempted to prevent. The authorities sometimes used or incited violence against peaceful demonstrators.

On April 9, authorities in Regla informed Pedro Pablo Valdés that the ceremony his group was planning for April 11 to commemorate the 2003 execution of three youths by the Government would be considered a "terrorist act" and that participants would be punished accordingly. The PNR posted two uniformed officers at the home where the ceremony was to be held and forced the promoters to cancel the event.

Family members and supporters of political prisoners continued their silent marches after attending weekly Mass at Havana 's Santa Rita Catholic Church. Authorities attempted to discourage members from participating by arranging prison visits or phone calls with the prisoners on Sundays during hours that conflicted with the Masses and marches.

The Government organized marches on May Day and held a rally, "Tribuna Abierta," every Saturday in a different municipality in the country. The Government employed CDRs and officials in the workplace to compel mass participation in these events, despite the fact that they were covered by both radio and television.

The Government generally denied citizens the freedom of association. The Penal Code specifically outlaws illegal or unrecognized groups. The Minister of Justice, in consultation with the Ministry of Interior, decides whether to give organizations legal recognition. The authorities never have approved the existence of a human rights group; however, a number of professional associations operated as nongovernmental organizations (NGOs) without legal recognition, including the Association of Independent Teachers, the Association of Independent Lawyers (Agramonte), the Association of Independent Architects and Engineers, and several independent journalist organizations. The Constitution proscribes any political organization other than the CP.

Recognized churches, the Roman Catholic humanitarian organization Caritas, the Masonic Lodge, small human rights groups, and a number of nascent fraternal or professional organizations were the only associations permitted to function outside the control or influence of the State, the CP, and their mass organizations. With the exception of recognized churches and the Masons, who have been established in the country for more than a century, the authorities continued to ignore those groups' applications for legal recognition, thereby subjecting members to potential charges of illegal association. All other legally recognized NGOs were affiliated at least nominally with, or controlled by, the Government.

c. Freedom of Religion
The Constitution recognizes the right of citizens to profess and practice any religious belief within the framework of respect for the law; however, in law and in practice, the Government continued to restrict freedom of religion. In general, unregistered religious groups continued to experience various degrees of official interference, harassment, and repression. The Government's main interaction with religious denominations was through the CP's Office of Religious Affairs. The Ministry of Interior engaged in active efforts to control and monitor religious institutions, particularly through surveillance, infiltration, and harassment of religious professionals and practitioners. The Government's policy of permitting apolitical religious activity to take place in government approved sites remained unchanged; however, citizens worshiping in officially sanctioned churches often were subjected to surveillance by State Security forces, and the Government's efforts to maintain a strong degree of control over religion continued.

The Constitution provides for the separation of church and state. The Government has allowed religious adherents to join the CP since 1991. A 1992 constitutional amendment prohibits religious discrimination and removed references to "scientific materialism" (i.e., atheism) as the basis for the State. The Government does not favor any one particular religion or church; however, the Government appeared to be most tolerant of those churches that maintained close relations to the State through the Cuban Council of Churches (CCC). The CCC generally was supportive of government policies. Members of the armed forces did not attend religious services in uniform.

The Government requires churches and other religious groups to register with the provincial registry of associations within the Ministry of the Interior to obtain official recognition. In practice, the Government refused to recognize new denominations; however, the Government tolerated some religions, such as the Baha'i Faith and a small congregation of the Church of Jesus Christ of Latter day Saints. Unregistered religious groups were subject to official interference, harassment, and repression. The Government, with occasional exceptions, prohibited the construction of new churches, forcing many growing congregations to violate the law and meet in private homes.

In January, Orthodox Ecumenical Patriarch Bartholomew visited and presided over the consecration of a church for the small Greek Orthodox community in Havana . In November, a delegation of the Moscow Patriarchate of the Russian Orthodox Church visited the country to consecrate the first Russian Orthodox temple in the country. Government media cast these events as evidence of the Government's religious tolerance.

On September 23, members of the First Bethany Baptist church of Holguin ended a 74 day hunger strike and sit in. The Government granted permission to renovate the church, but before the work was finished, it decided the renovation was too opulent and threatened to take over the facility. The Government only allowed work to continue after the protests.

Government harassment of private houses of worship continued, with evangelical denominations reporting evictions from houses used for these purposes. The CCC claimed that most private houses of worship closed by the Government were unregistered and therefore illegal. In addition, CCC Pentecostal members complained about the preaching activities of foreign missionaries that led some of their members to establish new denominations without obtaining the required permits. Because of these complaints by the Pentecostals, the CCC formally requested overseas member church organizations to assist them in dissuading foreign missionaries from establishing Pentecostal churches.

In September 2003, the Conference of Catholic Bishops issued a document accusing the Government of imposing tighter restrictions on the Church and on society since the 1998 visit of Pope John Paul II, and calling on the Government to show clemency towards political prisoners.

Unlike in 2003, authorities in the town of Managua in Havana Province permitted a procession to mark the feast day of the patron saint of Managua .

The Government allowed 9 foreign priests and 19 religious workers to enter the country to replace other priests and nuns whose visas had expired. The applications of 60 priests and 130 other religious workers remained pending at year's end, as did a request from the Conference of Catholic Bishops for the Government to permit 15 Catholic orders to establish a presence in the country; the lack of approval limited the training of seminarians.

In the past several years, the Government relaxed restrictions on some religious denominations, including Seventh day Adventists and Jehovah's Witnesses. Jehovah's Witnesses, once considered "active religious enemies of the revolution," were allowed to proselytize door to door and generally were not subjected to overt government harassment, although there were sporadic reports of harassment by local CP and government officials.

Education is secular, and no religious educational institutions are allowed; however, the Catholic Church and Jewish synagogues were permitted to offer religious education classes to their members. There were no reports that parents were restricted from teaching religion to their children.

The Government continued to prevent any national or joint enterprise (except those with specific authorization) from selling computers, fax machines, photocopiers, or other equipment to any church at other than official and exorbitant retail prices. Religious literature and materials must be imported through a registered religious group and may be distributed only to officially recognized religious groups. In punishment cells, prisoners were denied access to reading materials, including Bibles (see Section 1.c.).

The CCC continued to broadcast a monthly 15 minute program on a national classical music radio station on the condition that the program not include material of a political character.

State Security officials visited some priests and pastors prior to significant religious events, ostensibly to warn them that dissidents were trying to "use the Church"; however, some critics claimed these visits were an effort to foster mistrust between the churches and human rights or pro democracy activists. In many churches, most noticeably at Santa Rita's, the Conference of Catholic Bishops estimated that the number of State Security agents attending Mass for the purpose of intimidating spouses of political prisoners increased.

For a more detailed discussion, see the 2004 International Religious Freedom Report.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Government severely restricted freedom of movement. The Government generally did not impose legal restrictions on domestic travel; however, it limited internal migration to Havana , and restricted persons found to be HIV positive to sanatoriums for treatment and therapy before conditionally releasing them into the community. For the past several years, State Security officials prohibited some human rights advocates and independent journalists from traveling outside their home provinces, and the Government also sentenced others to internal exile.

On July 13, authorities of the municipality of the Isle of Youth prevented independent journalist Carlos Serpa Maceira from traveling to Nueva Gerona to participate in the annual March 13 commemoration of those who drowned in the tugboat sunk by the Government in 1994. Serpa Maceira was advised he would be jailed if he attempted to travel to Nueva Gerona.

Decree 217 prohibits persons in other provinces from moving into Havana on the grounds that unchecked internal migration would exacerbate the city's problems regarding housing, public transport, water, and electrical supplies; visits to the city were permissible. Police frequently checked the identification of persons on the streets, and anyone from another province living in Havana illegally could be fined 12 convertible pesos (300 pesos) and sent home. Fines were 40 convertible pesos (1,000 pesos) for those who resided illegally in the neighborhoods of Old Havana, Cerro, or 10 de Octubre. Human rights observers noted that while the decree affected migration countrywide, it targeted individuals and families predominantly of African descent from the more impoverished eastern provinces.

The Government imposed some restrictions on both emigration and temporary foreign travel. By year's end, the Government had refused exit permits to 836 people, but allowed the majority of persons who qualified for immigrant or refugee status in other countries to depart.

In June, authorities denied an exit permit to Julio Antonio Valdés Guevara, 1 of the 75 activists arrested in March 2003 and subsequently released on April 15. Valdés Guevara was reportedly extremely ill and required hemodialysis and a kidney transplant. His wife, 4 year old son, sister, and brother-in-law all were granted exit permits.

Some denials involved professionals who attempted to emigrate and whom the Government subsequently banned from working in their occupational fields. The Government refused permission to others because it considered their cases sensitive for political or state security reasons. Resolution 54 denies exit permits to medical professionals until they have performed 3 to 5 years of service in their profession after requesting permission to travel abroad. This regulation, normally applied to recent graduates, was not published officially and may apply to other professionals as well.

The Government routinely denied exit permits to young men approaching the age of military service (18 years) until they reached the age of 27, even when it authorized other family members to leave. However, in most of those cases approved for migration to the United States under the 1994 U.S. Cuba Migration Accords, the applicants eventually received exemption from obligatory service and were granted exit permits.

The Government has a policy of denying exit permission for several years to relatives of individuals who successfully migrated illegally (for example, merchant seamen who defected while overseas and sports figures who defected while on tours abroad).

The Government also used both internal and external exile as tools for controlling and eliminating internal opposition. The Penal Code permits the authorities to bar an individual from a certain area or to restrict an individual to a certain area for a period of 1 to 10 years. Under this provision, authorities could exile any person whose presence in a given location they deemed to be "socially dangerous."

The Government routinely invoked forced exile as a condition for political prisoner releases and also pressured activists to leave the country to escape future prosecution. Margarito Broche Espinosa's conditional release papers stated that he was released "for 1 year," indicating that he would be imprisoned after 365 days if he remained in the country. The conditional release papers given to Oscar Espinosa Chepe indicated that he was released "until he recovers his health," compelling him to leave the country before his health improved.

Migrants who travel to the United States must pay the Government a total of 600 convertible pesos per adult and 400 convertible pesos per child, plus airfare. These government fees for medical exam, often of dubious quality, passport, and exit visa which must be paid in dollars were equivalent to approximately 5 years of a professional person's total peso salary and represented a significant hardship, particularly for political refugees. Many individuals applying for political refugee status were fired from their jobs for being "politically unreliable" and had no income. At year's end, however, there were no refugees unable to leave the country because of inability to pay exit fees.

The Penal Code provides for imprisonment of up to 3 years or a fine of 12 to 40 convertible pesos (300 to 1,000 pesos) for unauthorized departures by boat or raft. The office of the U.N. High Commissioner for Refugees (UNHCR) stated that it regarded any sentence of more than 1 year for simple illegal exit as harsh and excessive. Under the terms of the 1994 U.S. Cuba Migration Accord, the Government agreed not to prosecute or retaliate against migrants returned from international or U.S. waters, or from the U.S. Naval Base at Guantanamo , after attempting to emigrate illegally if they had not committed a separate criminal offense.

In 1994, the Government eased restrictions on visits by, and repatriations of, Cuban emigrants. Citizens who established residency abroad and who were in possession of government issued permits to reside abroad may travel to the country without visas, although citizens who departed after December 31, 1970, must obtain a costly passport to reenter the country. Persons who are at least 18 years of age are eligible to travel abroad and may remain outside the country for up to 11 months. Emigrants who were considered not to have engaged in so called hostile actions against the Government and who were not subject to criminal proceedings in their countries of residence may apply at consulates for renewable, 2 year multiple entry travel authorizations.

The Constitution provides for the granting of asylum to individuals persecuted for their ideals or actions involving one of the following: "For democratic rights against imperialism, fascism, colonialism, and neocolonialism; against discrimination and racism; for national liberation; for the rights of workers, peasants, and students; for their progressive political, scientific, artistic, and literary activities; and for socialism and peace." Although the Government has no formal mechanism to process asylum for foreign nationals, in practice, it provided protection against refoulement, the return of persons to a country where they feared persecution. The Government cooperated with the UNHCR, and provided temporary protection to a small number of persons. There was no information available on its use during the year.

The Government had an established system for providing assistance to refugees. During the year, 15 persons applied for refugee status, of whom 10 were approved; according to the UNHCR, there were 795 refugees in the country.

3. Respect for Political Rights: The Right of Citizens to Change their Government

Citizens do not have the right to change their government or to advocate change, and the Government retaliated systematically against those who sought peaceful political change. The Constitution proscribed any political organization other than the CP. In 2002, the Government amended the Constitution to restrict further citizens' rights to change the Government, making socialism the "irrevocable" basis of the Constitution. In March 2003, President Castro declared his intent to remain in power for life. While the Constitution provides for direct election of provincial, municipal, and ANPP members, the candidates for provincial and national office must be approved in advance by mass organizations controlled by the Government. In practice, a small group of leaders, under the direction of President Castro, selected the members of the highest policy making bodies of the CP, the Politburo and the Central Committee. The authorities tightly controlled the selection of candidates

March 1, 2005
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