Washington College of Law|
Center For Human Rights and Humanitarian Law
Case 4677 (CUBA)
JUNE 25, 1981
- In a communication of August 12, 1979, the following denunciation was received:
"In January 1959, all members of the Cuban air corps (pilots, copilots, mechanics and
workers) were made political prisoners:
Alemany Pelaez, Jorge
Alonso Guillot, Ramón
Brito García, Juan
Iglesias Ramirez, Manuel
Lam Rodriguez, Roberto
Piedra Bustarviejo, Antonio
Pinera Machin, Augustín
Bermudez Esquivel, Mario
Beravides Ballesteros, Eulalio
Burias Acosta, Luis
Chapi Yaniz, Francisco
Estevez de Arcos, Guillermo
Perez Valdes, Roberto
Rodriguez de Castro, Ricardo
Samoano, Gustavo C.
Campbell, Francisco B.
Lazo de Cuba, Carlos
Antunez, Telesforo R.
Capote Oropesa, Alfredo
Delgado Hernández, Sandalino
Cerdena Valdes, Benigno
Cordoba Aguilar, Julio
In March 1959, they were tried before a revolutionary court composed of Commandant
Felix Pena Díaz, President; and Commandant Antonio Michel Yabor and Deputy Judge
Advocate Alberto Parua Toll, members. All of the evidence was submitted at the trial, and the court acquitted all of the imprisoned persons, ordering their immetiate release, but they were not released.
Fidel Castro, in violation of all the evidence and the laws in force, ordered all of the
prisoners in prison.
By express order of Commandant Fidel Castro, a rigged second trial was held, whose
verdict had already been drawn up by Castro himself, and all of the accused were sentenced to 30 years in
prison. Twenty years have now passed, and all of these innocent political prisoners remain in
prison, except for Eulelio Beruvides Ballesteros, the only one who was released.
The commandant of the Reblede Army, Felix Pena Diaz, who presided over the court that
acquitted the prisoners, was overwhelmed with grief by the injustice imposed by Castro ant his
regime on the prisoners, and committed suicide.
Because of the time spent in inadequate prisons, with cruel, inhuman and degrading
treatment, the health of many of the prisoners has been broken, and they are not receiving either adequate
medical care or food."
- In a note of December 18, 1979, the Commission transmitted the pertinent portions of
the denunciation to the Cuban Government, requesting that it supply information on the case.
- The Government of Cuba has thus far not replied.
- To date, the Cuban Government has not replied to the Commission's request dated
December 18, 1979.
- Article 39 (1) of the Regulations of the Commission 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 December 22, 1979, concerning the cruel, inhuman and
degrading treatment to which the persons concerned were subjected as of the date of the
- 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 to the
preservation of health and to well-being (Art. XI).
- To communicate this decision to the Government of Cuba and to 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.
[ Inter-American Human Rights