Serious human rights violations in Cuban prisons

Photo: A prison in Cuba/BBC.

At Cubalex, we have identified serious human rights violations in Cuban prisons, focusing on the denial of medical care and deaths in custody. Current legislation and its arbitrary application allow these violations to occur with impunity, compromising adequate medical care for inmates. The lack of resources, trained personnel, and judicial oversight exacerbates this situation.

We have recorded cases of deaths under custody due to lack of medical attention, which shows extreme negligence and violates the Nelson Mandela Rules, A set of international standards for the treatment of prisoners. These structural problems require urgent reforms to guarantee the human rights of inmates and prevent future tragedies.

 Nelson Mandela Rules: Medical and Emergency Services

Rule 24 stipulates that prisoners must receive the same medical care as the general population, including treatment for HIV, tuberculosis, and addiction. Prison medical services must be integrated with the public health system. Rule 27 mandates urgent medical attention in emergencies, and only healthcare professionals can make decisions regarding the medical care of prisoners. 

Cases of rape in Cuban prisons

At Cubalex, we have documented how medical care in Cuban prisons falls far short of complying with Rules 24 and 27. Our monitoring team has collected testimonies and evidence corroborating numerous violations. Below are some examples documented by our organization:

– April 2024Daniel Moreno de la Peña, a political prisoner with diabetes, did not receive his necessary medication. Another documented case was that of Virgilio Mantilla Arango, who was denied medical attention at Kilo 7 prison in Camagüey while facing a new criminal trial.

– May 2024Aniette González, a political prisoner, was subjected to repression, including the denial of medical care.

– June 2024:  Opposition member Carlos Manuel Pupo Rodríguez, 72, who is diabetic, did not receive medical attention in his critical condition.

These cases not only show the lack of essential medicines in Cuban prisons, but also the lack of transfers to specialized hospitals and the absence of a rapid response to medical emergencies due to the severity of these cases. 

Indicators of violations of Rules 24 and 27

Key indicators include worsening health without adequate medical explanation, lack of necessary medications, and failure to transfer patients to specialized hospitals. Identifying these violations is crucial to ensuring the right to appropriate and urgent medical care.

Deaths in custody: Indicators of serious violations

As we have been analyzing, deaths in custody represent extreme violations of Rules 24 and 27. These deaths indicate extreme negligence in providing medical care and reflect a lack of adequate supervision and response mechanisms to medical emergencies.

Rule 71: Investigation of deaths and serious injuries

The Rule 71 It stipulates that deaths in custody must be reported immediately to an independent authority for a prompt, impartial, and effective investigation. Prison administrations must fully cooperate and protect witnesses and victims from retaliation.

Between January 2022 and January 2024, Cubalex Cuba recorded 56 deaths in custody, including people detained by court orders, temporarily detained by the police, recruits in military service and two women victims of femicide due to the inaction of officials. 

Cases of deaths in custody

– May 2024Alexis Curbelo died at the Combinado del Este prison due to a lack of adequate medical care. The required independent investigation was not conducted. Another case documented in this report by the monitoring team was that of an unidentified inmate who died at the Cuba-Panama prison due to a lack of medical care, with no record of an independent investigation.

These cases They demonstrate systematic failures in compliance with Rule 71, underscoring the urgent need for reforms in the prison system to meet international standards and protect the human rights of prisoners.

It is essential to reform prison legislation and practices in Cuba to guarantee respect for and protection of prisoners' human rights, preventing similar tragedies in the future. Authorities must implement significant changes to comply with the Nelson Mandela Rules and ensure adequate and timely medical care for all prisoners.

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