Since Decree 349/2018 was sanctioned by the Cuban government, independent artists have assumed a leading role, through peaceful and courageous actions, in their opposition to censorship and in their demand for freedom of artistic expression.
Decree 349/2018 establishes contraventions in the provision of artistic services that are not regulated or recognized by the official cultural institutions of Cuba: a clear violation of the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The “San Isidro Movement,” a collective of independent artists, writers, and intellectuals, organized to oppose Decree 349 and the restrictions on freedom of thought and expression established within it. Luis Manuel Otero Alcántara is a prominent member of the movement, which rejects attacks on artistic freedom of expression through peaceful activism. Since its inception, its members have suffered threats, attacks, harassment, and imprisonment at the hands of the Cuban government.
Over the past 30 months, Luis Manuel has been the victim of 32 incidents of harassment. Of these, 22 have been arbitrary detentions, several involving the use of force and violence; most included solitary confinement and short periods of disappearance. Authorities generally refuse to disclose his whereabouts. In 2019, he was detained fifteen times, and four times so far in 2020. None of these detentions have been subject to judicial oversight. At least six habeas corpus petitions have been filed on his behalf. The Havana Provincial Court has only responded to two.
The latest arbitrary arrest occurred on March 1. At 2:30 p.m., Luis Manuel was detained in front of his house as he was heading to a protest at the Cuban Institute of Radio and Television, organized by the LGBTQ community.
MORE INFORMATION: Could the Cuban regime imprison the artist Luis Manuel Otero?
Days after this arbitrary arrest, he was transferred to Valle Grande prison, where he awaits a summary trial on charges of “insulting national symbols.” The trial was scheduled for today, March 11, at 9:00 a.m. in Havana. According to Cuban law, the sentence for summary trials is handed down orally, and no written ruling is issued. After the ruling, there are only five days to file an appeal.
The trial was suddenly postponed without a new date, after prominent intellectuals, artists, human rights defenders and international organizations made massive appeals for solidarity with Luis Manuel's situation and his unfair trial.
In Cuba there is a system of prior censorship for cultural, artistic and other forms of expression, violating freedom of expression and the right to the full development of the human personality and the enjoyment of cultural rights.
In countries where innocent people are persecuted for claiming basic human rights through peaceful means, responsibility lies not only with repressive governments, but also with those that contribute to sustaining their repressive mechanisms or remain shamefully neutral in the face of systematic violations of fundamental freedoms.
In this regard, the organizations adhering to this declaration request all democratic governments to be present at Luis Manuel's trial and to convene, through their embassies in Havana, a press conference in which they publicly:
– Insist on the fulfillment of Luis Manuel Otero Alcántara's right to due process
– Ask national authorities to guarantee public access to the hearing.
– Support the peaceful demonstrations taking place in the streets of Havana demanding the release of Luis Manuel, and reject any related arbitrary arrests.
-Demand an end to all forms of repression against human rights defenders, independent artists and journalists in Cuba by the government.
– Demand the immediate release of independent artists, human rights defenders and journalists;
– Reject the systematic restrictions on human rights defenders, artists and independent journalists from traveling abroad;
– Demand the ratification by the Cuban government of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
– Demand legal recognition of freedom of association, assembly, expression and peaceful protest.
Cubalex
Civil Rights Defenders
Center for the Opening and Development of Latin America (CADAL)
FORUM 2000
Cuban Observatory for Human Rights
San Isidro Movement
The Latin American and Caribbean Network for Democracy (REDLAD)
ARTICLE 19
Human Rights Foundation
Cuba Program – Sergio Arboleda University
Cuban Youth Dialogue Table
FREEMUSE
Institute for Open Policy
People in Need
Demo Amlat – Electoral Transparency