Washington College of Law|
Center For Human Rights and Humanitarian Law
RESOLUTION No. 4/82
CASE 6093 (CUBA)
March 8, 1982
- The following was denounced in a communication of November 1979:
Roger Reyes Fernández was sentenced to 20 years in prison on April 26,
1966 and accused of conspiring against the powers of the State. His case number is 160-66. After being subjected to an interrogation accompanied by cruel physical and mental torture, he was sent after one month to
La Cabaña Prison in the Province of Havana.
He has been compelled to take part in several hunger strikes along with his
companions, the most recent this past August in Boniato Prison, Oriente, where he is now incarcerated and to
which he was transferred arbitrarily for no other reason than to keep him isolated and incommunicado.
Owing to several long hunger strikes and the daily living conditions, he suffers from
gastritis and stomach ulcers. During his thirteen years in Cuban prisons, he has been in those already
mentioned and also in E1 Principe and in Combinado del Este, in the province of Havana.
- In a note dated March 4, 1979, the Commission transmitted the pertinent parts of
the denunciation to the Cuban Government, so that it might furnish lt with the information that it
- To date, the Cuban Government has made no reply.
- In a communication of September 19, 1981, additional information reporting the
Roger Reyes Hernández is still in prison and has been there since his
incarceration on April 26, 1966, when he was sentenced to 20 years imprisonment, Case 160. Following the so-called release of some political prisoners for propaganda purposes, as part of a program planned by the Cuban
Government under the name of dialogue --which was, of course, between adherents of the regime's Marxist
ideology--those prisoners who were not among those chosen were sent to harsher prisons, where
conditions for human survival are of the worst. Roger Reyes was transferred to the Boniato Prison in
Santiago de Cuba, Oriente, in August 1979.
To begin with, few visits were allowed. Later the regime put pressure on the
prisoners to bend them to its will and compel them to accept the status of common prisoners, alleging that those remaining were war criminals and terrorists. This was untrue, even on the basis of the legal arguments put forward by the government in its statement of the case at the time the prisoners were put on trial.
The situation becomes increasingly worse. Reyes, along with the others, is
currently ln a walled-up cell where he has been since January, when family visits have been stopped. In reprisal for not wanting to accept the uniform of the common prisoner, the prisoner are allowed only their
underpants as clothing. All these conditions have led them in recent months to renew their hunger strikes,
demanding such natural human rights as improved food and sanitary conditions and, above all, the medical care
that they all need-- especially a large group of them who are in very poor health. As a result, some are
paralyzed and are still without medical care. Recently, a great number of prisoners completed their sentences, and were denied release, without any advance notification to them or to their relatives. As mental torture, they
were accused of being a danger to society.
- In a note of October 8, 1981, the Commission transmitted this additional information
to the Cuban Government and again requested information.
- To date, the Cuban Government has not replied the notes mentioned.
- To date, the Government of Cuba has not replied to the requests of March 4, 1979
and October 8, 1981;
- Article 39 of the Regulations of the Commission establishes as follows:
The facts reported ln the petition whose pertinent parts have been
transmitted to the government of the state ln 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
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
- In application of Article 39 of the Regulations, to presume to be true the acts
denounced ln the communications of November 1979 and September 19, 1981 on the arbitrary detention of
Roger Reyes Fernández.
- To declare that the Government of Cuba violated the right to liberty and personal
security (Article I), the right to the preservation of health (Article XI), the right to a fair trial (Article XVIII), the right to due process (Article XXVI) of the American Declaration of the Rights and Duties of Man.
- To transmit this decision to the government of Cuba and to the claimants.
- To include this resolution in the Annual Report of the Commission to the General
Assembly of the Organization of American States in accordance with Article 18, paragraph (f) of the Statute
and Article 59, paragraph (g) of the Regulations of the Commission.
[ Inter-American Human Rights