He October 4, 2018, Cubalex presented a petition before the Inter-American Commission on Human Rights (IACHR) related to the case of rapper Maykel Castillo Pérez (Osorbo), in political prison since 2021. Seven years later, he December 3, 2025, The IACHR published the Admissibility and Merits Report No. 251/25 corresponding to Case 14.264.
The Commission is legally empowered to issue this type of pronouncement regarding Cuba, because the Article 51 his Regulation It attributes to it the power to receive and examine petitions against OAS member states that They are not part of it in the American Convention, and the Article 52 It stipulates that, in such cases, the procedure that includes the following applies: decision on the merits (art. 43) and the report on the merits (art. 44).
Unlike the States Parties to the American Convention that have accepted the jurisdiction of the Commission, in the case of Cuba the matter cannot be submitted to the IACHR, because the Cuban State It has not ratified the American Convention nor accepted the contentious jurisdiction of the Court; Therefore, the decision-making mechanism culminates in the in-depth report and its eventual publication.
Today, Cubalex and RFK Human Rights welcome the publication of this report of historical value, in which the IACHR recognizes the criminalization of artistic expression in Cuba and the structural repression against those who use art as a form of peaceful protest and defense of human rights.
The report examines the situation of the artist and activist Maykel Castillo Pérez, a member of the San Isidro Movement, who was a victim of state persecution for exercising his freedom of expression. The IACHR concluded that the Cuban state used the penal system to punish cultural dissent, criminalizing musical works and performances critical content in order to silence independent voices.
The criminal proceedings against Maykel Osorbo were marked by serious violations of the fundamental guarantees, These practices included arrest without a warrant, lack of timely access to adequate legal representation, the use of vague charges such as “contempt” and “resistance,” and closed trials without public or international observer access. The IACHR determined that these practices violated the rights to due process and effective judicial protection recognized in the American Declaration.
The Commission also found that Osorbo was deprived of his liberty in inhumane conditions, subjected to degrading treatment, constant surveillance, periods of isolation, and a systematic denial of adequate medical care, in violation of his right to personal integrity and health. His deprivation of liberty was deemed arbitrary and politically motivated, in open contravention of international human rights standards.
The IACHR emphasized that the Cuban state employs administrative and criminal mechanisms to silence critical voices, especially when art becomes a tool for denunciation. The case of Maykel Osorbo is illustrative: he was persecuted for the content of his songs and for his participation in "Patria y Vida" (Homeland and Life), a song that became a symbol of the citizens' demand for freedom. The IACHR reaffirmed that artistic freedom is an integral part of freedom of expression and that limiting it constitutes censorship and ideological persecution.
The report also acknowledges that the pressure, threats, and surveillance exerted against family members and members of the San Isidro Movement have led to forced exiles. Although Maykel remains In prison in Cuba at the time of the analysis, the IACHR warned that the State uses exile as a mechanism of political control and alerted about the risk of forced displacement of artists and human rights defenders.
The IACHR frames this case within a state policy of cultural repression, characterized by surveillance, censorship, institutional exclusion, and the criminalization of artistic dissent. In this context, it concluded that the Cuban state is responsible for the violation of the rights recognized in articles I (life, liberty and personal security), IV (freedom of expression), XVIII (justice), XXV (protection against arbitrary arrest) and XXVI (regular process) of the American Declaration.
The Commission recommended the immediate release of Maykel Castillo Pérez, full reparation for the damages suffered, and the adoption of measures to guarantee artistic and expression freedom in Cuba.
Cubalex and RFK Human Rights recognize this report as a crucial precedent: it confirms the cultural repression exercised by the Cuban state and reaffirms art as a legitimate expression of freedom and human dignity. We will continue to support, document, and promote advocacy efforts on behalf of those who exercise their right to express themselves without fear.