Washington College of Law|
Center For Human Rights and Humanitarian Law
RESOLUTION No. 6/82
CASE 7602 (CUBA)
March 8, 1982
- In a communication dated December 15, 1980, the Commission received the
He arrived in the United States on May 4, and his wife María Eugenia
Calvar Rivero and his
two-year old daughter Maudie Valero Calvar have visas and money to leave for San José;
Government is refusing to let her leave because she has a university degree, thus violating the
elemental human rights for family reunion.
He asks you to proceed with their case through legal and official channels, since
his wife and
child have been away from him a long time. She was fired from her job because of having asked to
the country and she and her daughter live off the charity of relatives and friends.
- In a note of December 22, 1980, the Commission transmitted the relevant parts of
denunciation to the Cuban Government, so that it might furnish the information that it deemed
- In a letter dated January 16, 1981, the claimant forwarded several documents
case. He included a letter dated September 20, 1980 from María Calvar do Mr. Ramiro
Valdes, the Minister
of the Interior of Cuba explaining her circumstances. The part relevant to this case is the
I presented my request for departure from the country, together with my husband
on December 16, 1979, at the immigration office of Matanzas. This we were denied provisionally,
were not among the cases listed as priority for family reunion.
In April of this year, during the events in the Peruvian Embassy, my husband got
embassy and left the country on May 4 for the United States, via Mariel. During that time (when I
leave), I received a letter firing me from my job (in the municipality of Jaguey Grande, Matanzas
on April 1980; it said that I was being dismissed from the agency (MINSAP) for having presented
request to leave the country and trying to enter the Peruvian Embassy, and that I was not
as a professional of the Revolution. Within a few days, on May 8, I received through the same
dismissal form FT-32 for leaving the country.
Believing in the position taken by Granma, the official organ of the Party of the
to the effect that anyone who had a visa to enter a country could leave voluntarily, I
communicated with my husband to ask him to take the necessary steps through any country to obtain visas for me and for our daughter. The visas were delivered to me on August 22. With these and the rest of the required
I reported to the immigration office at Matanzas to request a passport to leave the country. Three
having delivered my documents, I received a letter (returning my documents) saying that it cannot
authorized because it is not within the parameters established by the immigration laws . In going
determine the parameters, it was explained to me that professionals (I am a stomatologist,
the University of Havana in July 1979) could not leave the country. I turned to National
the reply was the same, for which reason I find it necessary to turn to you.
- Additional information supplied by the claimant on July 17, 1981 explained that
and her daughter Maudie had had visas to leave for Costa Rlca since September 1980, but the
Government had denied their departure. The claimant furnished a copy of a letter dated April 17, 1981 from Dr. Eladio Sánchez Cartas, Director of INTERCONSULT, to Mrs.
María Calvar, giving her the
following reason for having denied the exist permit:
We hereby inform you that when your case was discussed with the DIE, we were
that because of your status as a professional you were not included in the categories of persons
The foregoing notwithstanding, your file is pending in these offices, and if the
regulations should change, we shall inform you immediately, with a view to reinitiating the steps
have taken to date.
In a note dated September 8, 1981, the Commission reiterated its request for
information from the Cuban Government, advising it that if the information was not received within a
the IACHR would consider possible application of Article 39 of the Regulations.
- To date, the Government of Cuba has not replied to the Commission's requests of
22, 1980 and September 8, 1981; and
- Article 39 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
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
- In application of Article 39 of the Regulations, to presume to be true the acts
the communications of December 15, 1980, regarding the denial of the right of María
Rivero and her daughter Maudie Valero Calvar to leave the country.
- To declare that the Government of Cuba violated the right to protection of the
VI of the American Declaration of the Rights and Duties of Man), the right to work (Article
XIV), and the
right of asylum (Article XXVII).
- To communicate 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
of the Organization of American States in accordance with Article 18, paragraph (f) of the Statute
Article 59, paragraph (g) of the Regulations of the Commission.
[ Inter-American Human Rights