EXTRA 117/97 Prisoner of Conscience / Legal concern 28 August 1997

CUBA: Hector Palacio Ruiz

According to reports, Hector Palacio Ruiz, who is currently being held in Combinado del Este Prison, Habana del Este province, is to face trial on 4 September 1997 and could be sentenced to up to three years' imprisonment if convicted of 'desacato', 'disrespect' (article 144 of the Penal Code). Amnesty International believes that he is a prisoner of conscience, detained solely for the non-violent exercise of his right to freedom of expression, association and assembly.

Hector Palacio Ruiz, president of the Partido Solidaridad Democratico (PSD), Democratic Solidarity Party, and member of the national coordinating council of Concilio Cubano, Cuban Concilium, was arrested on 9 January 1997. Until now no formal charges have been brought against him, although he has reportedly been told that he will be charged with 'desacato a la figura del presidente Fidel Castro', 'disrespect to President Fidel Castro', for allegedly making statements to foreign journalists and in letters to foreign governments about declarations made by President Fidel Castro at the Sixth Ibero- American Summit in Chile in November 1996.

Hector Palacio had previously been arrested on 15 February 1996 during a major crackdown on Concilio Cubano, but was released some hours later. On 16 February 1996 his home was searched by police and documents were confiscated. He was arrested later that day by State Security officials and was held in detention for four days before being released without charge .

Amnesty International is concerned that Hector Palacio will not be granted full judicial guarantees in accordance with international standards.

BACKGROUND INFORMATION

In Cuba freedom of expression, association and assembly are severely limited in law and in practice. Those who attempt to express views or organize meetings or form organizations that conflict with government policy and/or the aims of the socialist state are likely to be subjected to punitive measures including loss of employment, harassment, intimidation and often imprisonment. It is difficult to give precise numbers of prisoners of conscience because of the severe restrictions on human rights monitoring and the lack of official information. However, Amnesty International believes that there are some six hundred people currently imprisoned in Cuba because of their peaceful attempts to exercise their rights to freedom of expression, association and assembly. The most common charges of an overtly political nature brought against such people are 'propaganda enemiga', 'enemy propaganda', and 'desacato', 'disrespect'. However, in many cases those concerned are charged with criminal offences, sometimes trumped up, in order to disguise the political motivation for their arrest.

Since its formation in October 1995, members of the Concilio Cubano have been subjected to persistent harassment. Meetings have been banned or disrupted by the authorities to prevent the organization from carrying out its activities. Many have been detained for short periods and threatened with imprisonment if they do not cease their activities or leave the country. Others have been tried and sentenced and have become prisoners of conscience.

RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express letters:

expressing concern at reports that Hector Palacio Ruiz is to be tried on 4 September 1997; - calling for his immediate and unconditional release on the grounds that he is a prisoner of conscience, detained solely for peacefully exercising his right to freedom of expression, association and assembly; - urging that as long as he is in detention he be provided with full judicial guarantees; - urging that all Cuban citizens be guaranteed their rights to freedom of association, assembly and expression, in accordance with the Universal Declaration of Human Rights and that the Cuban Government immediately cease to imprison, force into exile or otherwise punish those who attempt to peacefully exercise such rights.

APPEALS TO:

1) Attorney-General:

Dr Juan Escalona Reguera

Fiscal General de la Republica

Fiscalia General de la Republica

San Rafael 3

La Habana, Cuba

Dear Attorney General:

[Telegrams: Fiscal General, Havana, Cuba]

[Telexes: 307 511456 fisge]

2) Minister of Foreign Affairs:

Sr Roberto Robaina Gonzalez

Ministro de Relaciones Exteriores

Ministerio de Relaciones Exteriores

Calzada No. 360, Vedado

La Habana, Cuba

Dear Minister:

[Telegrams: Ministro Relaciones Exteriores, Havana, Cuba]

[Telexes: 307 511122 / 307 511464 / 307 512950]

[Faxes: 011 53 7 335261]

3) Minister of the Interior:

General Abelardo Colome Ibarra

Ministro de Interior

Ministerio del Interior

Plaza de la Revolucion

La Habana, Cuba

Dear Minister:

[Telegrams: Ministro Interior, Havana, Cuba]

COPIES TO:

National Union of Jurists:

Union Nacional de Juristas

Apartado 4161

La Habana 4, Cuba

Editor of Granma (daily newspaper)

Sr Jacinto Granda de Laserna

Granma

Apdo 6260

La Habana, Cuba

Cuba has no embassy in the US at present.

To contact its interest in the US, write

Cuban Interests Section

Mr. Fernando Remirez de Estenoz

2630 - 16th St. NW

Washington, DC 20009

Please send appeals immediately. Check with the Colorado office between 9:00 am and 6:00 pm, ountain Time, weekdays only, if sending appeals after September 20, 1997.