Hunger strikes present a dilemma within the Cuban prison system, considered both a legitimate form of protest internationally and a serious breach of discipline under Cuban prison law. The Cuban Penitentiary System's Law on Criminal Enforcement and Regulations classify disciplinary violations into three levels: serious, less serious, and minor, and define indiscipline as any action or omission by inmates that contravenes established rules.
Although internal regulations aim to maintain order and security, certain prohibitions, such as hunger strikes, are criticized for limiting fundamental rights like freedom of expression and the right to protest. Internationally, hunger strikes are recognized as an act of protest and an essential human right, supported by various legal instruments that protect freedom of expression and the right to lodge complaints.
However, in Cuba, refusing to eat as a form of protest can result in disciplinary sanctions, although the practice is defended internationally as a legitimate means of claiming rights. The Disciplinary Council is the body responsible for deciding on cases of indiscipline, including hunger strikes.
Despite local restrictions, it is recommended that applications for parole and the filing of amparo proceedings be used as mechanisms to defend the rights of prisoners, emphasizing the importance of considering the legal and social significance, the irreparability of the violation, and the vulnerability of the aggrieved person.
In 2023, a total of 100 people deprived of their liberty—six women and 94 men—carried out hunger strikes. Of these, 70 were carried out by political prisoners, including five women and 65 men, according to data compiled by Cubalex.
To learn more about this topic, we invite you to consult the following article from Cubalex lawyer, Giselle Morfi.