In Cuban prisons, incarcerated individuals face numerous barriers that prevent them from accessing justice and defending their human rights. Below, the Cubalex legal team summarizes some key aspects of this problem in the island's prisons.
Complaints and Reprisals
1. Reprisals for Complaints:
Inmates who file complaints with military prosecutors often face violent reprisals instigated by prison authorities. These prisoners may be beaten or transferred to solitary confinement if they do not withdraw their complaints.
2. Threats and Coercion:
Prison guards threaten political prisoners with transferring them to units with dangerous inmates to intimidate them. This practice aims to discourage prisoners from engaging in human rights activities within the prison.
3. Manipulation of Common Inmates:
Prison authorities use common criminals to harass and control political prisoners. These inmates receive benefits in exchange for bullying the political prisoners, creating an environment of constant intimidation and violence.
Obstacles in the Justice Process
1. Lack of Medical Attention:
Medical care in prisons is inadequate and often intentionally denied. Inmates who suffer severe beatings do not receive adequate medical attention, and in many cases, doctors justify the violence as punishment for alleged misconduct.
2. Restricted Access to Visitors:
Family and conjugal visits are suspended as a form of blackmail and punishment. Inmates who file complaints are restricted from seeing their families as retaliation, hindering their ability to receive external support and assert their rights.
3. Isolation Conditions:
People deprived of their liberty are subjected to long periods of isolation in punishment cells without adequate justification and without access to basic resources. This practice not only violates the Mandela Rules, which prohibit prolonged solitary confinement, but also exacerbates the physical and mental suffering of those deprived of their liberty.
Below are examples of how the lack of access to justice is evident in Cuban prisons:
1. Interference in Complaints:
1.1 Another common practice in Cuban prisons is interference with complaints. Cubalex has reported cases where prison guards have incited other inmates to assault those who file complaints. This is done to force the person to withdraw their complaint. This systematic interference discourages incarcerated individuals from seeking legal recourse that could protect them from within the prison system. An example that illustrates this is the case Lewis Calas Herrera, a common prisoner who works as a "Discipline" officer in Company No. 1 of the Pinar del Río Provincial Prison. According to our information, this individual is used by the Head of Internal Order, Lázaro Castillo Placencia, and the re-education officer, First Lieutenant Nivaldo, to beat other inmates.
2. Negligence in Critical Medical Care:
2.1 There are numerous documented cases of negligence and denial of medical care. Many inmates have suffered serious consequences due to a lack of timely medical attention. Medical negligence in Cuban prisons was evident in the case of the journalist. Lázaro Yuri Valle Roca. Despite her multiple health problems, the authorities at Combinado del Este repeatedly denied Yuri access to the medications his wife was taking, putting her life at risk.
Access to justice
The lack of access to justice in Cuba is a deep-rooted and systemic problem that severely limits rights. The Cuban judicial system, being closely linked to political power, has been criticized for its lack of independence, transparency, and due process. The case of the journalist José Luis Tan Estrada It demonstrates the lack of access to justice in Cuba in several ways.
On May 14, 2024, the Havana Provincial Court dismissed the habeas corpus petition filed on behalf of José Luis Tan Estrada. José Luis Tan Estrada, like many other activists and dissidents on the island, has been a victim of a judicial system that seems more focused on suppressing dissent than on delivering justice.
The habeas corpus petition, a legal recourse designed to protect people from arbitrary arrests, was rejected without adequate justification.
The case of Tan Estrada is not isolated; another example is that of Daniel Moreno de la Peña. The situation of Daniel Moreno de la Peña, The case of Moreno, a Cuban political prisoner who weighs barely 40 kilos and is on the verge of death in prison, chillingly exemplifies the lack of access to justice in Cuba. Moreno has been detained for more than 18 months without trial, without even being able to see his case file, which constitutes a flagrant violation of his fundamental rights.
The case of the protesters of Caimanera This is yet another alarming example of the lack of access to justice in Cuba. These individuals have been denied access to documentation related to their cases, preventing them from preparing an adequate defense and seriously violating their procedural rights. According to their families, the trial against these protesters is imminent, and the lack of transparency and access to legal information exacerbates their defenseless situation. These practices, common in the Cuban judicial system, demonstrate once again the urgent need for profound reforms to guarantee a fair and equitable judicial process.
These examples demonstrate how conditions and practices within Cuban prisons not only violate international human rights standards, but also prevent incarcerated individuals from accessing justice and receiving humane and dignified treatment. It is crucial to denounce these practices and advocate for respect for human rights in all prisons.
