**New cases and updates to IFEX alerts of 29 January, 20 January and 8 January 1999** (CPJ/IFEX) – The following is a CPJ letter to Cuban President Fidel Castro condemning the recent crackdown on journalists and independent media in Cuba: February 3, 1999 His Excellency Fidel Castro Ruz President of Cuba c/o United Nations Mission […]
**New cases and updates to IFEX alerts of 29 January, 20 January and 8
January 1999**
(CPJ/IFEX) – The following is a CPJ letter to Cuban President Fidel Castro
condemning the recent crackdown on journalists and independent media in
Cuba:
February 3, 1999
His Excellency Fidel Castro Ruz
President of Cuba
c/o United Nations Mission
New York, NY
SENT BY FAX
Your Excellency,
The Committee to Protect Journalists (CPJ) is writing to condemn the recent
crackdown on the independent press in Cuba. The harassment, arrest,
detention, and imprisonment of journalists who have committed no crime other
than to express their opinions is a clear violation of international law.
Furthermore, the practice of jailing journalists because they are deemed
“dangerous” is a flagrant violation of the most basic tenet of international
human rights, the right to a presumption of innocence.
Article 72 of Cuba’s Penal Code states: “Any person shall be deemed
dangerous if he or she has shown a proclivity to commit crimes demonstrated
by conduct that is in manifest contradiction with the norms of socialist
morality.” Under the law, any police officer can issue a warning (acta de
advertencia) for dangerousness. At the discretion of the prosecuting
authorities, any person who has received one or more warnings can be
convicted of dangerousness and sentenced to up to four years in prison. A
warning can also be issued for associating with a “dangerous person.” Since
the beginning of 1999, CPJ has documented three cases in which journalists
were jailed or threatened with jail because of “dangerousness.”
On January 15, Pedro Argüelles Morán, Ciego de Avila correspondent of the
independent agency CubaPress, was summoned before the local chief of the
Revolutionary National Police (PNR). He received a warning for
“dangerousness” because he was not working for a state company.
On January 18, Hirán González, CubaPress correspondent in the province of
Cienfuegos, was summoned to the headquarters of the PNR in the town Aguada
de Pasajeros. State Security officer Vladimir Castillo told González, “I’m
going to put you in prison if you keep on passing news to Radio Martí,” a
reference to the US-funded radio station that broadcasts into Cuba. The
journalist was threatened with a trial for “dangerousness.”
On January 18, Jesús Joel Díaz Hernández, executive director of the
Cooperativa Avileña de Periodistas Independientes (CAPI), was arrested at
his home in the town of Moron, Ciego de Avila Province, by officers of the
Revolutionary National Police (PNR). On January 19, Díaz Hernández was
convicted of “dangerousness” and sentenced to four years in prison by the
Moron Municipal Court. He had previously received six warnings for
“dangerousness.” Díaz Hernández, who started a hunger strike and refused to
drink water after his detention, appealed the conviction. After a summary
session on January 22, the Provincial Court in Ciego de Avila confirmed Díaz
Hernández’s sentence even though he was not permitted to have his attorney
present (he was represented by a state-appointed lawyer). Díaz Hernández
ended his hunger strike and began to take liquids on January 28. Today, he
is being held in solitary confinement in Canaleta Prison in Moron.
As an organization of journalists dedicated to the defense of press freedom
around the world, we believe that the systematic crackdown on the
independent press in Cuba is a clear violation of Article 19 of the
Universal Declaration of Human Rights, which states that everyone has the
right to freedom of expression including the right “to seek, receive and
impart information and ideas through any media and regardless of frontiers.”
To jail those who exercise this liberty is a violation of Article 9 of the
Universal Declaration, which states, “No one shall be subjected to arbitrary
arrest, detention or exile.” The lack of a fair trial, due process, or even
the basic presumption of innocence exposes the manner in which Cuban law is
used as a bludgeon against the independent media.
We believe that the recent crackdown is a response to the increased coverage
by the independent press of public protests, marches, religious processions,
and trials of dissidents charged with crimes against the state. CPJ has
documented the following cases that have given rise to this concern:
Three State Security officers detained Havana Press correspondents Jesús
Díaz Loyola, Lázaro Rodríguez Torres, and María del Carmen Carro Gomez and
Havana Press director Jorge Olivera on January 6 in order to prevent them
from covering the appeal hearing of political dissident Lázaro Constantín
Durán, who was convicted in December and sentenced to four years in prison
for “dangerousness.” Olivera and Carro were released after several hours;
Loyola and Rodríguez were held overnight and released on January 7.
On January 13, two State Security officers detained CubaPress correspondent
Odalys Ivette Curbelo Sánchez for several hours and warned her not to cover
any street demonstrations. That same day, two State Security officers
detained María de los Angeles González Amaro, director of the Union de
Periodistas y Escritores Cubanos Independientes (UPECI) and detained her for
two days in order to prevent her from covering a planned march on January 13
commemorating the birth of Martin Luther King, Jr.
UPECI correspondent Nancy Sotolongo Leon, UPECI photographer Santiago
Martínez Trujillo, and Angel Pablo Polanco of the Cooperativa de Periodistas
Independientes (CPI) were detained just prior to the January 25 procession
marking the one-year anniversary of the visit of Pope John Paul II. On the
day of the procession, two State Security officers warned UPECI director
González Amaro not to cover the procession. She defied the warning and was
detained on January 26. She was released along with the three other detained
journalists on January 29.
CubaPress correspondent Pedro Argüelles Morán was arrested in Ciego de Avila
on January 27 preventing him from covering the celebration of the 146th
anniversary of the birth of José Martí on January 28. Argüelles Morán was
released on January 29.
The pattern of arrests suggests to us a systematic campaign on the part of
the government to thwart the work of Cuba’s independent press, in violation
of international law. The conviction of Jesús Joel Díaz Hernández brings to
four the number of journalists currently incarcerated in Cuba. We call on
Your Excellency to immediately release all of them, because, under
international law, they have committed no crime. In addition, we believe
that the prosecution of Jesús Joel Díaz Hernández violated his basic right
to a presumption of innocence. We urge you to amend the legislation
regarding “dangerousness” to bring it into accord with international norms.
Sincerely,
Ann K. Cooper
Executive Director
cc: The Honorable Lloyd Axworthy, Foreign Minister, Canada
Raymond Chrétien, Canadian Ambassador to the United States
Santiago A. Canton, Special Rapporteur For Freedom of Expression
(OAS)
American Newspaper Publisher Association
American Society of Newspaper Editors
Amnesty International
Article 19 (United Kingdom)
Artikel 19 (The Netherlands)
Canadian Journalists for Free Expression
Congressional Committee to Support Writers and Journalists
Council on Hemispheric Affairs
Freedom Forum
Freedom House
Human Rights Watch
Index on Censorship
Inter American Press Association
International Association of Broadcasting
International Center for Journalists
International Federation of Journalists
International Federation of Newspaper Publishers
International Journalism Institute
International PEN
International Press Institute
National Association of Black Journalists
National Press Club
Newspaper Association of America
The Newspaper Guild
North American National Broadcasters Association
Reporters Sans Frontières
Overseas Press Club
The Society of Professional Journalists
World Press Freedom Committee
Similar appeals can be sent to:
His Excellency Fidel Castro Ruz
President of the State Council and Council of Ministers
Havana, Cuba
or c/o the Cuban mission at the United Nations
New York, NY 10016, United States
Fax: +1 212 779 1697
or c/o the Cuban diplomatic representative in your country
(in the United States)
Cuban Interest Section
Washington DC, United States
Fax: +1 202 797 8521
(in Canada)
Embassy of the Republic of Cuba
388 Main Street
Ottawa, Ontario
K1S 1E3, Canada
Fax: +1 613 563 0068
Please copy appeals to the source if possible.
