RESOLUTION 49/81

Case 7455 (CUBA)

June 25, 1981

BACKGROUND:

  1. In a communication of June 24, 1980, the following denunciation was received: "Eduardo Prieto Blanco and Alberto Prieto Blanco were taken from their homes, told that they were cleared to leave by Mariel and were taken away. The truth is they were detained and incarcerated, and their present whereabouts is unknown.

    Both were protected by the rights of diplomatic immunity, because they were among the almost 11,000 persons taking refuge in the Embassy of Peru. They returned to their home, with documents issued by the regime, in the hope of leaving the country.

    It is feared that they have been killed, as happened a few hours earlier to the unfortunate youth José Novoa, who, like Eduardo and Alberto, had taken refuge in the Embassy of Peru, and was murdered by the regime of Fidel Castro Ruz."

  2. In a note of August 7, 1980, the Commission transmitted the pertinent portions of the denunciation to the Cuhan Government, requesting information on the case.

  3. The Cuban Government has thus far not replied.

WHEREAS:

  1. To date, the Cuban Government has not replied to the Commission's request dated August 7, 1980;

  2. Article 39 (1) of the Commission's Regulations provides as follows:


Article 39

The facts reported in the petition whose pertinent parts have been transmitted to the government of the state in reference shall be presumed to be true if, during the maximum period set by the Commission under the provisions of Article 31 paragraph 5, the government has not provided the pertinent information, as long as other evidence does not lead to a different conclusion.

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLVES:

  1. Pursuant to Article 39 (1) of its Regulations, to presume to be true the events denounced in the communication of June 24, 1980, concerning the detention of Eduardo Prieto Blanco and Alberto Prieto Blanco.

  2. To declare that the Government of Cuba violated the right to life, liberty and personal security (Art. I of the American Declaration of the Rights and Duties of Man) and the right of protection from arbitrary arrest (Art. XXV).

  3. To communicate this decision to the Government of Cuba and to the claimants.

  4. To include this resolution in the Commission's Annual Report to the General Assembly of the Organization of American States, pursuant to Article 18(f) of the Statute and Article 59(g) of the Regulations of the Commission.