The Need For The Cuban Government To Liberate The Peaceful Political Prisoners

The Need For The Cuban Government To Liberate The Peaceful Political
Prisoners
2006-11-23
Movimiento Cristiano Liberación

Honorable Representatives of the Member States of the Human Rights
Council of the United Nations:

Considering:

1. That many citizens in Cuba have been imprisoned and condemned for
political motives without having prepared or committed violent actions
and that, in addition in the last two years, imprisonments have been
carried out for the same motives against individuals who as of today
have yet to receive trial.

2. That these peaceful political prisoners have been imprisoned on
different charges of having violated a number of Cuban laws when in
actuality their words and actions have been limited to the exercise and
defense of fundamental rights enshrined in the Universal Declaration of
Human Rights of the United Nations.

3. That these peaceful political prisoners, many of them already
declared "prisoners of conscience" by Amnesty International, were
detained arbitrarily and in breach of the stipulations in articles 19,
20 and 21 of the Universal Declaration of Human Rights as is recognized
by the Working Group on Arbitrary Detentions in the Opinion No. 9/2003.

4. That Law 88 or the Law of Protection of the National Integrity and
Independence of Cuba contradicts some of the rights enshrined in the
Universal Declaration of Human Rights, specifically those that recognize
the right to exercise freedoms of expression, demonstration, assembly,
and association.

5. That Law 88 as well as article 91 of the existing Penal Code in Cuba
were used to accuse many of the peaceful political prisoners, even
though these individuals, with their actions and words, by no means
violated what is established in Law 88 and in article 91 of the existing
Penal Code in Cuba.

6. That the actions of all the peaceful citizens- who without committing
violent actions against persons or goods, have been sentenced or
detained indefinitely for political motives- consisted of promoting and
defending Human Rights recognized in the Universal Declaration of Human
Rights, the International Treaty on Civil and Political Rights, the
Treaty on Economic, Social and Cultural Rights, and in the Declaration
of the UN General Assembly on the Right and Responsibility of
individuals, groups and institutions to promote and protect human rights
and universally recognized fundamental rights (A/Res/53/144).

7. That many of these Cuban citizens were promoting Human Rights through
the promotion of the Varela Project, which is a civic petition based
upon articles 1, 3, 9, 41, 42, 43, 53, 54, 63, 75.t) and u), 88.g), 131,
132, 133, 134, 135 and 136 of the Constitution of the Cuban Republic. In
the Varela Project we ask for a referendum so that the people can decide
on changes to the laws so that they guarantee freedom of expression,
association, the press and economic freedom for all Cubans, on an
amnesty for the political prisoners who have not committed violent
actions and on a reform of the Electoral Law and the establishment of
democratic General Elections, on the basis of the rights enshrined in
the Cuban Constitution itself.

7. That the health of almost the totality of the political prisoners has
been seriously affected by inhumane and degrading conditions which they
are subjected to, characterized by overcrowding and in some cases lack
of communication in small cells, ill nourishment, deficient medical
attention, perilous hygienic conditions and frequent harassment which
they are subjected to by the prison authorities and also in many case by
the common prisoners with whom they have been unfairly confined.

8. That respecting the sovereignty and self-determination of the Cuban
people, as it is solely up to them to define democratically and without
interference or foreign interventions and with the participation of all
citizens, without exclusions, their model for the integral development
of their society, the international community can and must cooperate
with the state and the Cuban people for their progress in the field of
human rights and national reconciliation.

9. That Christine Chanet, Personal Representative of the United Nations
High Commissioner for Human Rights, in her report (E/CN.4/2006/33)
presented before the sixty-second session of the Human Rights
Commission, recommends to the Cuban government that: "it set free the
arrested individuals who have not committed any violence against persons
or goods."

10. That the signatory states to the Universal Declaration of Human
Rights have promised to assure, in cooperation with the United Nations,
universal respect for the fundamental rights and freedoms of man and
that this is in an important way a mission of the Human Rights Council.

Bearing in mind what was previously demonstrated we request to the Human
Rights Council of the United Nations and the States Members that they:

1- Promote and approve a resolution that expressly and directly asks
that the Cuban government:

a) Proceed with the immediate and unconditional liberation of all those
imprisoned for political motives that have not prepared or committed
violent acts against persons or goods;

b) Cease any and all harassment, detention, processing, and imprisonment
against citizens for promoting, defending and exercising the fundamental
rights enshrined in the Universal Declaration of Human Rights.

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