Advocacy Alert


CALL FOR THE RELEASE OF IMPRISONED CUBAN PROFESSOR
IN NEED OF MEDICAL ATTENTION

September 11, 2024

Take Action Now!

The Lawyers Committee for Human Rights is deeply concerned about the health and well-being of the imprisoned Cuban professor Roberto de Miranda, currently serving a twenty year sentence in the Havana prison Combinado del Este where he was transferred as a result of a medical emergency. Mr. de Miranda is currently recovering from a cardiac arrest suffered while in detention earlier this year. Cuban authorities recently informed his wife that Mr. de Miranda is in need of open-heart surgery. The family is concerned about this procedure being carried out while he remains in detention, separated from his family.

In March 2003, nearly 80 Cuban dissidents were arrested, tried and sentenced to up to 28 years in prison for charges ranging from “disrespect” of the Revolution to committing “treason”, or giving information to the enemy. This crackdown on human rights defenders and independent journalists in Cuba is the most severe in many years and has been condemned widely by human rights organizations, foreign governments and the United Nations.

Roberto de Miranda was arrested, tried and sentenced in on April 3, 2003, under Article 91 of the Cuban Penal Code. Under this article, those who “execute an act with the objective of causing detrimental suffering to the independence of the Cuban state or to the integrity of its territory, in the interest of a foreign state, will incur a deprivation of liberty of ten to twenty years or death.” Cuban authorities also suggested in the trial verdict that Roberto de Miranda had connections with the US-based Cuban exile group Alpha 66 which has admitted to having carried out violent attacks on Cuba in the past. These accusations were not supported by any evidence that Mr. de Miranda had encouraged or engaged in such violent behavior.

Roberto de Miranda strenuously denies all of the charges against him and maintains that he has been imprisoned solely for expressing his non-violent beliefs and opinions. The charges against Mr. de Miranda refer to his role as the president of the unofficial College of Independent Teachers of Cuba (Colegio de Pedagogos de Cuba):

In 1996, he created the illegal and counterrevolutionary College of Independent Teachers of Cuba, of which he named himself head. He also dedicated himself to intentionally and maliciously criticizing the objectives of the Cuban education system, and tried to minimize the achievements in the area of our revolutionary process.

He has reportedly been harassed and detained a number of times for his nonviolent activities as a government critic. Roberto de Miranda also founded the Félix Varela Independent Library in July 2000, and supported the Varela Project, a non-violent legislative initiative for democratic reforms in Cuba.

Roberto de Miranda received the 2003 Pedro Luis Boitel Freedom Award while in prison, an honor given by a jury of scholars, activists and political leaders from around the world. He was given the award by former Bulgarian Prime Minister Philip Dimitrov who said during the ceremony, "Roberto de Miranda has been dedicated for many years to the promotion of free thought and has made important progress. The Castro regime abhors these types of people because they represent an independent civil society, which is one of the largest threats facing the government." The award is given annually to a Cuban who has displayed courageous nonviolent resistance to the Cuban regime in honor of Pedro Luis Boitel, a Cuban dissident who died in prison after a 53 day hunger strike.

The Lawyers Committee strongly urges the Cuban authorities to order the immediate release of Roberto de Miranda and all other individuals who were arrested and convicted on the basis of their peaceful political activities and their efforts to promote and protect basic human rights in Cuba. We condemn all politically motivated prosecutions and detentions, which are contrary to fundamental human rights standards. According to the 1998 UN Declaration on Human Rights Defenders, which Cuba actively participated in drafting and passing, “all persons have the right to effective access to participation in the government of their country and in the conduct of public affairs.” The Declaration also provides that everyone has the right “freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.” The important work of Cuban human rights defenders should be recognized by the government and they should be supported rather than persecuted.

While he remains in detention, the Lawyers Committee calls on the Cuban government to ensure that Roberto de Miranda is provided with appropriate medical treatment immediately and that his conditions of detention meet basic international standards. International human rights law requires that all persons held in detention are treated with humanity and dignity and that they are not subjected to cruel, inhuman or degrading treatment. The Cuban government should ensure the application of the UN Standard Minimum Rules for the Treatment of Prisoners and the UN Body of Principles for the Protection of all Persons Under Any Form of Detention or Imprisonment, which further elaborate the basic standards to be achieved in ensuring respect for the rights of detainees.


RECOMMENDED ACTION

Please write to the Cuban authorities demanding an end to the persecution of dissidents and human rights defenders in Cuba and for the immediate release of all those held for expression of their non-violent opinions. Express particular concern about the deteriorating health of Roberto de Miranda and demand that he be granted immediate access to appropriate treatment and medication.

A model letter for transmission to the Cuban authorities is attached below. Please send your letters to:

Dr. Fidel Castro Ruz
Presidente de los Consejos de Estados y de Ministros
La Habana, CUBA
Fax: 011-53-7-333-085

Dr. Juan Escalona Reguera
Fiscal General de la República
Fiscalía General de la República
San Rafael 3
La Habana, CUBA
Fax: 011 53 7 669 485/333 164

Sr. Felipe Pérez Roque
Ministro de Relaciones Exteriores
Ministerio de Relaciones Exteriores
Calzada No. 360
Vedado, La Habana, CUBA
Fax: 011 53 7 333 085
E-mail: cubaminrex@minrex.gov.cu

For those in the U.S., we encourage you to also send copies of your letter to:


Embassy of Switzerland
Cuban Interests Section
2630 16th Street NW
Washington, DC 20009
Fax: 202-986-7283

An electronic version of this letter can also be sent through the Lawyers Committee’s web-site:


Lawyers Committee documents on Cuba

Should you require more information, please contact Kristin Flood (212.845.5298, FloodK@lchr.org).

If you have not already done so, we would also like to encourage you to join our Cuba Update Network and receive periodic updates on the human rights situation in Cuba. If interested, please send an e-mail to <reddfishlistserver@LCHR.ORG> with the subject: “subscribe LCHR_Cuba_Update_Network"

To leave the list you can unsubscribe at any time.

Dear Sir:

I would like to bring to your attention the case of Roberto de Miranda, a professor currently serving a twenty year sentence in the Havana prison Combinado del Este where he was transferred as a result of a medical emergency. Mr. de Miranda is currently recovering from a coronary arrest suffered while in detention earlier this year and has complained of gastric ulcers, hypertension and tachycardia. Sentenced on April 3, 2003, under Article 91 of the Cuban Penal Code, 57 year-old Roberto de Miranda is currently recovering from a cardiac arrest suffered while in detention as well as high blood pressure, among other life-threatening ailments. He is not receiving adequate treatment and medication for these conditions.

As you are aware, in March 2003, nearly 80 Cuban dissidents were arrested, tried and sentenced to up to 28 years in prison for charges ranging from “disrespect” of the Revolution, committing treason, or giving information to the enemy. This crackdown on human rights defenders and independent journalists in Cuba is the most severe in recent years and has been condemned widely by human rights organizations, foreign governments and the United Nations. Mr. de Miranda was accused of “executing an act with the objective of causing detrimental suffering to the independence of the Cuban state or to the integrity of its territory, in the interest of a foreign state.” Roberto de Miranda strenuously denies all of the charges against him and maintains that he has been imprisoned solely for expressing his beliefs and opinions.

I am deeply concerned by recent reports that Mr. de Miranda has repeatedly been denied adequate medical treatment for his ailments. According to his wife, his health has deteriorated seriously since his imprisonment.

I strongly urge you to order the release of Roberto de Miranda and all other individuals who were arrested and convicted on the basis of their peaceful political activities and their efforts to promote and protect basic human rights in Cuba. According to the 1998 UN Declaration on Human Rights Defenders, which Cuba actively participated in drafting an passing, all persons have the right to effective access to participation in the government of their country and in the conduct of public affairs. The Declaration also provides that everyone has the right “freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.” The important work of Cuban human rights defenders should be recognized by the government and they should be supported rather than persecuted.

While he remains in detention, I urge you to ensure that Roberto de Miranda is provided with appropriate medical treatment immediately and that his conditions of detention meet basic international standards. International human rights law requires that all persons held in detention are treated with humanity and dignity and that they are not subjected to cruel, inhuman or degrading treatment. The Cuban government should ensure the application of the UN Standard Minimum Rules for the Treatment of Prisoners and the UN Body of Principles for the Protection of all Persons Under Any Form of Detention or Imprisonment, which further elaborate the basic standards to be achieved in ensuring respect for the rights of detainees


Sincerely,