Washington College of Law|
Center For Human Rights and Humanitarian Law
Case 3992 (CUBA)
June 25, 1981
- In a communication of March 15, 1979, the following denunciation was made:
"Your valuable aid is requested to make possible the departure from Cuba of the
widow Clara Abrahante Boite. She is the mother of fellow countryman Pedro Luis Boitel, who died in the
Cuban jails some time ago. Mrs. Abrahante has repeatedly applied for permission to leave the
island, but without result."
- In a note of April 4, 1979, the Commission transmitted the pertinent portions of
the denunciation to the Cuban Government, requesting information on the case.
- The Government of Cuba has thus far thus not replied.
- To date, the Government of Cuba has not replied to the Commission's request
dated April 4, 1979.
- Article 39 (1) of the Commission's Regulations provides as follows:
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
- Pursuant to Article 39 (1) of its Regulations, to presume to be true the
events denounced in the communication of March 15, 1979, concerning the detention of Mrs. Clara Abrahante.
- To declare that the Cuban Government violated the right to life, liberty and
personal security (Art. I) and the right to residence and movement (Art. VIII of the American Declaration
of the Rights and Duties of Man).
- To communicate this decision to the Government of Cuba and the claimants.
- 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.
This resolution was approved by the Commission with respect to the right to residence and movement, with one member, Professor Carlos Alberto Dunshee de Abranches, voting against it
[ Inter-American Human Rights