The Cubalex Monitoring team has identified and selected a set of specific cases that allow us to examine the situation of various people detained for political reasons, who are unfortunately experiencing ill-treatment and torture in Cuban prisons.
The resulting report presents a detailed analysis of how the lack of medical care can be considered a form of torture. It also delves into the living conditions of these detainees, highlighting how these conditions can be interpreted as torture techniques, in accordance with the Convention against Torture and Article 7 of the International Covenant on Civil and Political Rights. It is crucial to recognize the seriousness of negligence and carelessness in medical care, understanding them as tactics that fall within the framework of torture.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment It defines torture as an act by which pain or suffering is intentionally inflicted on a person, for certain purposes, and when that suffering is inflicted by a public official or other person acting in a public capacity, with their consent or acquiescence.
We have examined the conditions in prisons based on the definition provided by the Convention, identifying the following situations as torture techniques:
1. Medical negligence and lack of adequate treatment: Several political prisoners face situations where they are not receiving necessary medical attention, despite having clear and persistent symptoms. They are suffering from ailments that require treatment, such as dental infections and other conditions. Leaving a person in pain when there are means to alleviate it could be considered intentionally inflicting suffering, especially if there is a deliberate refusal to provide medical care. This could be interpreted as a form of torture under the Convention's definition.
2. Unsanitary conditions in prisons: The conditions described in the cells, such as disease outbreaks, lack of separation between the sick and healthy, insect infestations, and poor food, create an environment in which detainees are subjected to physical and mental suffering. These conditions, if proven to be the result of negligence or intent on the part of the authorities, could be considered cruel, inhuman, or degrading treatment.
In Cuba, people deprived of their liberty, whether for political or other reasons, are being subjected to treatment that amounts to torture or cruel, inhuman, or degrading treatment. This clearly violates Article 7 of the International Covenant on Civil and Political Rights, as established by the General Comment No. 20 of the Human Rights Committee. It is essential that the integrity and dignity of every person be respected, regardless of their situation or the reasons for their detention. Protection against torture and other cruel treatment is absolute and admits no exceptions.
In light of the evidence revealing the inhumane treatment suffered by detainees in Cuba, especially those under arrest for political reasons, it is imperative to underscore the urgent need to safeguard respect for the integrity and dignity of every individual. The violation of Article 7 of the International Covenant on Civil and Political Rights, as outlined in General Comment No. 20 of the Human Rights Committee, constitutes a clear breach of international human rights standards. Consequently, prompt action is required to ensure that protection against torture and cruel treatment is applied without exception, in order to guarantee dignified and fair treatment for all persons, regardless of the circumstances surrounding their detention.