VIII. Everyday Forms of Repression
Daily acts of repression punish dissenters and their families in every aspect of their lives. The government uses short-term detentions to reprimand dissidents for exercising their fundamental freedoms and prevent them from participating in “counterrevolutionary” activities such as unofficial meetings. Dissidents are verbally assaulted, harassed, and beaten by security officers and groups of civilians tied to the state, while organized public “acts of repudiation” target their homes, subjecting them and their families to humiliation and even mob attacks.
Government officials repeatedly threaten dissidents with imprisonment if they do not abandon their activities. They are fired from jobs, denied work, and fined, placing a significant financial strain on their families. The government also routinely prohibits its critics from exercising their right to travel within and outside of the island. Finally, dissidents are subjected to constant and invasive surveillance, the information from which is often subsequently used against them in sham trials.
Short-term Detention
Security forces routinely carry out short-term detentions to punish dissidents or prevent them from participating in events seen as “counterrevolutionary.” Dozens of dissidents who were victims of such arbitrary arrests told Human Rights Watch that they were provided with no explanation for their detention, and held with convicted prisoners in inhuman conditions for hours or even days—practices that contravene the Cuban constitution[282] and international standards governing the treatment of prisoners.[283]
Since Raúl Castro took over for Fidel Castro in 2006, the number of arbitrary detentions has increased significantly. The Cuban Commission for Human Rights and National Reconciliation (CCDHRN), a well-respected human rights organization in Cuba, documented 325 arbitrary detentions by security forces in 2007.[284] In the first half of 2009, it documented 532.[285] Such detentions are routinely timed to prevent individuals from exercising their right to assemble peacefully.
The widespread use of arbitrary detention is codified in Cuban law, which empowers and in some instances obligates government officials to make arrests. According to the Criminal Procedural Law, authorities and police must detain anyone who commits a “crime against national security,” whose acts “have produced fear or... are committed frequently in the municipality’s territory,” or against whom “enough evidence exists to reasonably predict that the accused intends to evade the pursuit of justice.”[286] These subjective definitions allow officers to interpret a wide range of actions as grounds for detention.
In December 2008, the Cuban government preemptively arrested more than 30 people in the days leading up to International Human Rights Day (December 10). Most were arrested as they attempted to travel to Havana to participate in small meetings of unofficial groups or dissident activities planned for the day, which marked the 60th anniversary of the signing of the Universal Declaration of Human Rights.[287]
Among those targeted were dissidents Belinda Salas, Lázaro Joaquín Alonso Román, Marlene Bermúdez, and Roberto Marrero de la Rosa, who were attacked on December 9, 2008, in Havana after using computers to check email at the US Interest Section. Salas is a leader of an unofficial women’s organization, Cuba’s Latin American Federation of Rural Women, and her husband, Alonso, a former political prisoner. According to Bermudez and Marrero—human rights defenders from Camagüey—eight security officers assaulted the dissidents and beat them severely with no apparent justification. Alonso was hit repeatedly in the groin, face, and head until he was knocked unconscious. Officers tore the shirts off of Bermúdez and Salas, leaving them partially naked. Alonso, Bermudez, and Marrero were all detained, only to be released after December 10, with no charge.[288]
Marta Díaz Rondon, a human rights defender, said she had been detained a half dozen times in recent years in advance of planned meetings and gatherings with fellow dissidents. Díaz said, “Every day that there is going to be an activity, such as a peaceful march, they take repressive actions. They don’t allow us to see each other or to travel.”[289] In March 2009, she said she had been detained when trying to visit Jorge Luís García Pérez—also known as Antúnez—who was staging a hunger strike in his home to call for an end to abuses of political prisoners.
Three dissidents in eastern Cuba said they were the victims of a practice they called kidnappings (secuestros), in which plainclothes agents arrested them, took them to undisclosed locations, interrogated them, and then released them. Marco Antonio Lima Dalmau, a journalist and human rights defender from Holguín who was the victim of one of these “kidnappings” in 2009, said he never even knew to which part of Cuba’s security forces his captors belonged, and was given no record of his detention.[290]
Beatings and Excessive Use of Force
Dissidents engaged in acts seen as “counterrevolutionary” are routinely subjected to assaults, beatings, and excessive use of force by security officers. The attacks are carried out both by government officials and members of groups of sympathetic civilians tied to the government, such as “committees for the defense of the revolution” (CDRs) and “rapid response brigades.”[291]
On February 24, 2008, journalist and human rights defender Ana Margarita Perdigón Brito, together with her father and brother, participated in a small, peaceful demonstration in Sancti Spíritus to mark the anniversary of a 1996 incident in which the Cuban government shot down two planes from a Miami-based organization.[292] She said security officers disrupted the rally, “savagely beat” the participants, and took her, her father, and her brother to a police station. There, police officers threw her father against a wall and put her in a stranglehold until she lost consciousness.[293]
Alexander Santos Hernández, a dissident in Holguín, said he was assaulted in June 2006 by eight members of a “rapid response brigade”—a group of civilian sympathizers tied to the government. The group, which was led by a ranking officer in the local police department, attacked him in the street without any provocation, telling him he would be imprisoned or killed if he did not abandon his “counterrevolutionary” activities.[294]
In four separate instances in Matanzas, Holguín, and Las Tunas, dissidents told Human Rights Watch that they narrowly escaped being hit by cars that deliberately tried to run them over. The intended victims said that the drivers or passengers yelled comments during or after the attacks that suggested they were targeted because of their political activities.
Juan Francisco Sigler Amaya, a human rights defender and brother of two political prisoners, said a car tried to run him over in January 2006 when he was riding his bike to the sugar plantation where he was working in Matanzas province:[295]
The car was coming from behind while I was riding my bike. It had its lights on, but I felt it was accelerating and when they had sped up they shut off the lights at great speed. My survival instinct kicked in and I managed to make a hard turn, which saved my life. I almost cut my belly with the machete I was carrying, since I rolled three times while on the bike.
[The people in the car] shouted, two men and a woman, saying horrible things like "Counterrevolutionary, we are going to kill you!" Then they disappeared.[296]
Dissidents also reported a pattern of excessive force by police and state security officers in the course of arrests. On August 31, 2008, two members of the unofficial political group, Youth for Democracy (Jovenes por la Democracia), Yordis García Fournier and Isael Poveda Silva, went to a police station in Guantanamo to visit Enyor Díaz Allen, a fellow member who had been arbitrarily detained the day before.[297] When the police would not permit the visit, García and Poveda stood outside the station and began shouting pro-human rights and anti-Castro slogans. Without warning—as they would later tell family members—police fired teargas at them and stormed out of the station, punching and kicking them repeatedly even though they did not fight back.[298] García and Poveda were later sentenced to one year and one year and four months in prison, respectively, for acting in contempt of authority.
Dissidents and family members who tried to attend trials of political detainees say they were routinely harassed, threatened, and, in at least four cases, physically attacked. Simply attempting to observe the administration of justice put them in danger.
When journalist Raymundo Perdigón Brito was sentenced in December 2006 for “dangerousness,” his family attended the trial. When Perdigón’sfamily left the court in Sancti Spíritus, members of a “rapid response brigade” swarmed around them, beating them while police looked on, his sister said.[299]
In September 2008, human rights defender Ramona Sánchez Ramírez tried to attend the appeal of a pair of dissidents in Guantanamo. The dissidents had been sentenced with contempt for chanting anti-government slogans in public. Sánchez said that when authorities would not let her into the trial, she joined a peaceful protest outside the courthouse with dissidents and friends of the accused. Without warning or provocation, a mob of security officers, uniformed court officials, and members of a “rapid response brigade” attacked the demonstrators with sticks and other weapons. She said they were beaten even though they offered no resistance.[300]
Public Acts of Repudiation
Acts of repudiation (actos de repudio) are public protests held outside the homes of dissidents. Like other attacks, the acts are intended to humiliate and intimidate individuals who voice dissent, and have repeatedly resulted in mob violence. Supposedly planned by civilians, the accounts of victims suggest that government officials collaborate with “committees for the defense of the revolution” in carrying out the acts.
Acts of repudiation last anywhere from several hours to a full day. According to the victims, the participants’ tactics include yelling insults and verbal threats, banging on pots and pans to create noise, throwing stones at homes and defacing them with insulting graffiti, illegally invading homes, and physically assaulting the inhabitants.
While the acts are supposedly carried out by neighbors, every victim of acts of repudiation pointed to evidence that suggested the government’s orchestrating role. Many said the participants were bused to their homes in state-owned vehicles, such as military trucks or public buses. The victims also said they had never met the participants before, who therefore had no way of knowing about their activities, let alone justification for denouncing them. In addition, victims said they observed certain participants wearing military fatigues or other government uniforms, suggesting they worked for the state.
Roberto Marrero la Rosa, a human rights defender from Camagüey, said he and his family had been the targets of six acts of repudiation in the past several years.[301] He said the agitators, who were bused in from other neighborhoods, threw stones at his house and yelled insults for hours, calling him a “mercenary” of the United States and a “worm.” The repeated acts were so frightening that Marrero la Rosa’s daughter decided to move out of the house with her child. Marco Antonio Lima Dalmau said that when he and his family tried to leave their home in Holguín during one such act of repudiation in 2008, they were beaten severely by a mob.[302]
Yet despite the violations produced by such acts, not one of the eight victims of acts of repudiation we interviewed said police had intervened to protect them. Nor were any of the people participating in such acts detained, even when they committed acts that violated the law, such as illegally entering homes or attacking residents, and even when their behavior clearly “produced alarm”[303]— one of the broad categories under which Cuban authorities are required to detain people.
Threats and Warnings
In addition to the implicit threat posed by a legal system designed to criminalize dissent, the government explicitly threatens dissidents with imprisonment, physical violence, and other punishments. In the case of “dangerousness,” these warnings are built into the law itself. The Criminal Code states that individuals engaged in “antisocial behavior” should receive official warnings informing them of their “dangerousness.” These warnings are designed to bring about a change in behavior to “prevent socially dangerous activities.”[304] For dissidents, the warnings signal imminent imprisonment if “counterrevolutionary” activities are not abandoned.
Marco Antonio Lima Dalmau, a dissident from Holguín, said he had been given more than a dozen official warnings for “dangerousness” since 2007, all for engaging in peaceful activities such as marches, and knew he could be arrested at any time.[305] Gabriel Díaz Sánchez, a human rights defender in Bayamo, told Human Rights Watch that security officials had come to his home several times to tell his family members that he would be charged with “dangerousness” if he did not give up his activities.[306]
Dissidents told Human Rights Watch they were also warned for being unemployed, which is considered a form of “antisocial behavior.” As discussed above, dissidents are systematically denied jobs because of their political views and then charged with “dangerousness” for being unemployed. For example, Enyor Díaz Allen, a dissident in Guantanamo, said he was issued three official warnings from January to March 2009 for being unemployed. In the second instance, he said, a police captain told him that if he did not find a job he would be charged with “dangerousness” and sentenced to four years in prison.[307]
Journalist Juan Carlos Hernández said he had received roughly 15 citations and warnings since 2005.
Whenever they feel like it they give you [an official warning]. It’s a mechanism they have so that at any given moment, for that number of warnings, they can say, “Enough, we won’t warn you any more, we’ve already told you several times and now we’re going to do it.” And they take you out of circulation for at least four years. That’s how it works.[308]
Official warnings are not the only way dissidents are intimidated. In some instances, government officials and citizen groups tied to the state threaten dissidents with assault, rape, and even death.
Rufina Velásquez González said that when she attempted to walk with her parents—Ramón and Bárbara—from Santiago to Havana in 2007 to raise awareness about human rights violations and political prisoners, her family was confronted in Holguín and Camagüey by “rapid response brigades.” The brigade participants threatened them with wooden bats, stones, and metal rods wrapped in newspaper, telling the marchers that they would be beaten if they did not turn back. Rufina and her mother were threatened with rape, and called “sluts” and “whores.” Security officers who were present at several of these confrontations made no effort to restrain or disarm the brigade participants.[309]
Four dissidents said government officials explicitly threatened to kill them for their political activities. Alexander Santos Hernández said a major in the police force told him that the next time he saw him on his motorcycle, he was going run him over with his car. The officer said he would use his connections within the government to hide evidence of the killing.[310]
Three dissidents who told Human Rights Watch that they were constantly being threatened with imprisonment were indeed arrested and sentenced after speaking with us. Juan Luís Rodríguez Desdín, Rodolfo Bartelemí Coba, and Enyor Díaz Allen were imprisoned within months of speaking with Human Rights Watch.
Rodolfo Bartelemí Coba, a human rights defender, told Human Rights Watch in March 2009 that he had been given six official warnings for “dangerousness” in the past year. His most recent one had come for trying to attend a meeting in Guantanamo of the Citizens’ Committee Against Mistreatment (Comité ciudadano contra los malos tratos), an unofficial group that assembles to share information about violations in the region.[311] During his interview, he said he feared he could be arrested at any time. Ten days later, he was arrested and taken to prison to complete a sentence dating back to 1994, for which he had been paroled years earlier.[312]
Juan Luís Rodríguez Desdín—a former political prisoner who had served two years for “dangerousness”—told Human Rights Watch in March 2009 that he had been subject to repeated threats by authorities.[313] Despite the warnings, Rodríguez did not abandon his human rights work. In May 2009, he was arrested and sentenced to two more years in prison for “public disorder.”
Because such warnings and threats often presage real attacks and imprisonment, they are a source of significant fear and intimidation in the dissident community, and help create an environment where dissenters worry they could be assaulted or arrested at any moment.
Invasive Surveillance
Dissidents and non-dissidents suspected of “counterrevolutionary” tendencies are subjected to constant, multifaceted surveillance at the hands of the government and groups of civilian sympathizers tied to the state. The government uses various methods to monitor the activities and communications of dissidents, including tapping phones; hacking into email accounts; planting hidden listening devices; observing, photographing, and filming meetings of civil society groups; clandestinely searching homes; and assigning security officers to track their every move.
Surveillance is carried out by security officers and by civilian groups tied to the government—who may work together or independently. Dozens of dissidents said security officers were permanently situated outside of their homes and followed them wherever they went; while “committees for the defense of the revolution”—civilian groups that are located in every neighborhood and whose function is to protect the revolution against all threats— constantly watched their neighbors for suspicious behavior and reported to state security officials.
Dissidents said that once they had been “marked” as suspicious, they were constantly watched by these groups. Dissident Rufina Velásquez González said that when she traveled from her home in Las Tunas to meetings of unofficial groups that sought alternatives to the government:
The state was always pursuing me wherever I traveled. They knew in which houses I would stay. That makes one feel watched. I would arrive at a station to reserve a ticket to go to another province and they would tell me that the State Security had been asking about me, what I had been doing, where I was going.[314]
Roberto Marrero la Rosa said that of the eight households located on his street in Camagüey, six had members who held official positions in the CDR, ranging from the president to the head of propaganda, and that all were monitoring his behavior.[315] Rodolfo Bartelemí Coba, a human rights defender in Guantanamo, said he was followed every time he left his home.[316]
The Cuban government has also used informants posing as dissidents to spy on the activities of unofficial groups that are critical of the state. In the trials of the 75 dissidents in 2003, state prosecutors relied on the testimony of infiltrators who had posed as opponents of the government to testify to the counterrevolutionary activities of their former colleagues.[317] Several of the informants had been working clandestinely alongside dissidents for decades and had earned their utmost confidence. In the trials of ten dissidents in April 2004, a man who had been posing as a journalist revealed himself as a government agent and testified against other nonviolent political activists.[318]
Denial of Employment and Financial Hardship
The Cuban constitution gives the government the power to organize, manage, and control all economic activity, and to allocate workers according to the “requirements of the economy and society.”[319] The state directs virtually all sources of employment, membership in the lone official union—the Workers’ Central of Cuba (Central de Trabajadores de Cuba, or CTC)—and access to worker’s training programs.[320]
Government officials routinely use this control to deny employment to those who do not share its ideological views. Dissenters across Cuba said it was difficult to get a job without joining the CTC, which some did not wish to join on principle as it is directly controlled by the government. Dissidents and non-dissidents also told Human Rights Watch that employers contacted “committees for the defense of the revolution” and police to check on potential employees’ political views and loyalty to the government before hiring them.
Dissidents reported dozens of cases in which they had been fired because of their opinions or participation in unauthorized civil society groups. Eduardo Pacheco Ortíz—a former political prisoner who served two years on a “dangerousness” charge, and who monitors human rights in Matanzas—said that since his release in August 2008 he had been fired from one job after another. He said every time employers learn of his political views, he is fired.[321]
Víctor Yunier Fernández Martínez—who had also been sentenced to “dangerousness” for belonging to an unauthoritzed political group in Havana, and was released in February 2009—said he had been fired from two jobs as an auto mechanic because he was seen as a “counterrevolutionary.”[322] Fernández said that when he was fired from the second job, his boss told him he had no choice: employing a member of the “opposition” created problems for his business. In the time since, Fernández said, he had been turned away from several jobs, with bosses explicitly telling him they would not hire him for political reasons.
Dissidents said that the denial of employment places a significant economic strain on their families. Fernández said that, without a job, he had to rely on the support of his extended family to eat. Gertrudis Ojeda Suave—a former political activist imprisoned for “dangerousness” and single mother of three children—said that being labeled a dissident keeps her from finding a job. When she applied for a job cleaning floors at a state hospital, she was told she was not trustworthy because of her political views. Without a regular source of income, she said, she regularly has to put her three children to bed without dinner.[323]
As seen above, the government routinely uses unemployment as justification for sentencing dissidents under the social “dangerousness” provision—making the denial of work not only harmful to families, but dangerous as well.
Fines
In addition to effectively blacklisting dissidents, the government imposes further financial hardship on them by routinely meting out heavy fines. Dissidents said they were fined for exercising basic civil and political rights, as well as for setting up their own small businesses without government authorization.
The Cuban Criminal Code assigns a range of possible fines for specific violations, giving judges a great deal of discretion to set the amount.[324] Cuban law states that judges should take into account the earning potential of the offender when setting an amount, “taking care not to affect, as much as possible, the portion of his/her resources set aside for his/her own needs and the needs of his/her dependents.”[325] Those who cannot pay fines are to be locked up for a period of time that will allow them to repay their debt, the law says.[326]
However, the fines assigned to dissidents are often so huge that, when repaying them, they find it difficult to afford basic necessities. René Velásquez Gonzales said he was fined 750 pesos for selling pizza and soda without a permit in Las Tunas—more than two times his monthly wage. He said he had to work three jobs to pay the fine in time and avoid going to prison, leaving only a few hours a night to sleep.[327] Ramona Sánchez Ramírez said that in the aftermath of the hurricanes of 2008, several dissidents in Guantanamo were singled out for “hoarding” (acaparamiento), because they possessed basic foodstuffs such as tomatoes or cabbage.[328] She said they were fined between 500 and 3,000 pesos—the latter nearly a year’s wages.
Reprisals against Families
The Cuban government punishes entire families for the dissenting activities of one of their members. Family members of political prisoners and dissidents endure threats, loss of work, denial of basic social services, and public humiliation, among other forms of discrimination and abuse.
Shortly after her husband was imprisoned in 2003 for working as an independent journalist, Rebeca Rodríguez Souto was expelled from an adult education center where she had been taking classes. When she asked a school administrator why, he said that government officials had ordered her expulsion because she was the wife of a “mercenary,” and because she had “ideas against the government.”[329] Rodríguez said she had never expressed her political views at school.
Dissidents in Sancti Spíritus, Matanzas, Guantanamo, and Holguín said their children were expelled from school or humiliated by teachers because of their parents’ activities or political opinions. According to Eduardo Pacheco Ortíz, his daughter was kicked out of school with no explanation after he was imprisoned for “dangerousness” in 2008.[330] Ramona Sánchez Ramírez said her daughter was barred from continuing her university studies and her grandson was mocked by his teacher in front of his entire class as a result of Sánchez’s human rights work.[331]
Dozens of family members of political prisoners and dissidents said they had been fired from their jobs or denied work because of their relation to individuals branded as “counterrevolutionaries.” After dissident Yordis García Fournier was sentenced for contempt (desacato) in September 2008, three of his siblings were fired from their jobs. Two of them were explicitly told they were being punished because of their relation to a political prisoner.[332] As has been noted elsewhere, the loss of income places significant financial strain on families, and leaves the jobless at risk of being charged with “dangerousness.”
Travel Restrictions
The Cuban government also discriminates against dissidents in the awarding of travel visas. The Cuban government forbids the country's citizens from leaving or returning to Cuba without first obtaining official permission. Unauthorized travel can result in criminal prosecution. As Human Rights Watch found in its report, Families Torn Apart: The High Cost of US and Cuban Travel Restrictions, these travel restrictions provide the Cuban government with a powerful tool for punishing defectors and silencing critics.[333]
In May 2008 blogger Yoani Sánchez was awarded a Spanish journalism prize. The government initially issued an exit visa to Sánchez, but before she was scheduled to leave the visa was put on hold without explanation, and she was unable to accept the award in person.[334] In October 2009, Sánchez was again denied permission to leave the country to accept a different award from Columbia University in New York.[335] In February 2008, four political prisoners who had been arrested in the 2003 crackdown were released on the condition that they leave immediately for Spain. Pedro Pablo Álvarez Ramos—one of the four prisoners released—said they were explicitly told that in exchange for their freedom they would never be allowed to return to Cuba.[336]
On November 21, 2008, the rapper Bian Oscar Rodríguez Galá—a member of the group los Aldeanos (the Villagers), whose lyrics have been overtly critical of the Castro government—was denied permission to leave Cuba for the second consecutive year to participate in an annual international music competition. Rodríguez, who had qualified by winning a rap competition in Cuba, was refused an exit visa despite having provided all of the required documents.[337]
Juan Juan Almeida García has been denied the right to leave Cuba to receive medical treatment for a rare degenerative illness since 2003.[338] Forty-four-year-old Almeida, who suffers from Ankylosing Spondylitis, was allowed to travel to Belgium in the nineties to receive treatment, which is not available in Cuba. He has applied several times per year for permission to leave Cuba to be treated by doctors abroad, but all of his requests have been denied without explanation. On his most recent visit to an immigration office, an officer told him that the refusal of permission in his case came from the “high command” of the government. As a result of his lack of treatment for more than six years, Almeida’s daughter told Human Rights Watch, his health has declined considerably. He has to sleep sitting in a chair, because the pain in his joints and bones prevents him from sleeping lying down, and he cannot walk without assistance. His daughter arranged for free medical treatment in August 2009 in California, but Almeida was again denied an exit visa.[339]
The government has also clamped down on the movement of citizens within Cuba by more aggressively enforcing a 1997 law known as Decree 217. Designed to limit migration to Havana, the decree requires Cubans to obtain government permission before moving to the country's capital.[340] According to one Cuban official, the police forcibly removed people from Havana in approximately 20,000 instances from 2006 to August 2008.[341] Dissidents said they were routinely detained arbitrarily or prohibited from leaving their home province, particularly in advance of gatherings of unauthorized civil society groups distrusted by the government.
[282] Cuban constitution, art. 58.
[283] UDHR, art. 9.
[284] Cuban Commission for Human Rights and National Reconciliation (CCDHRN), “El Gobierno de Cuba Continúa Violando el Derecho de los Ciudadanos a las Libertades Civiles, Políticas y Económicas,” 2008, http://www.cubasource.org/pdf/elizardo_informe_08.pdf (accessed February 12, 2009).
[285] CCDHRN, “The Human Rights Situation in Cuba After Three Years of Changes in the Highest Levels of the Government,” August 10, 2009, http://www.lexingtoninstitute.org/library/resources/documents/cuba/otherresources/CubaCCHRNRReportISemester2009.pdf (accessed February 12, 2009).
[286] Criminal Procedural Law, art. 243.
[287] “Cuba: Free Dissidents Now,” Human Rights Watch news release, December 11, 2008, http://www.hrw.org/en/news/2008/12/11/cuba-free-dissidents-now; Sara Miller Llana, “Cuban activists say they were beaten on eve of 60th human rights anniversary,” The Christian Science Monitor, December 11, 2008, http://www.csmonitor.com/2008/1211/p25s02-woam.html (accessed May 4, 2009).
[288] Human Rights Watch interview with Roberto Marrero la Rosa, Cuba, June 2009.
[289] Human Rights Watch telephone interview with Marta Díaz Rondón, Cuba, March 17, 2009.
[290] Human Rights Watch interview with Marco Antonio Lima Dalmau, Cuba, June 2009.
[291] “Rapid response brigades” (brigadas de respuesta rápida) were formed in advance of the 1991 Pan American Games, in order to provide the Cuban government with a fast response force to counteract any demonstrations by critics of the government in the presence of international media. See Benigno E. Aguirre, “Social Control in Cuba,” Latin American Politics and Society, vol. 44, no. 2, Summer 2002, pp. 78-79.
[292] On February 24, 1996, the Cuban Air Force shot down two civilian planes from the Miami-based group, Brothers to the Rescue. Four Cuban Americans on board were killed. The group had worked to rescue Cubans adrift in the Straits of Florida (the body of water between Cuba and the Florida Keys) while trying to make the journey by water to the United States, and had also staged protest flights over the island, such as one dropping copies of the Universal Declaration of Human Rights and condemning Fidel Castro. The group claimed they were attacked over international waters; Cuba said they were not. Larry Rohter, “Cuba Blames US in Downing of Planes,” The New York Times, February 27, 1996, http://www.nytimes.com/1996/02/27/world/cuba-blames-us-in-downing-of-planes.html (accessed July 17, 2009); Bárbara Crossette, “US Says Cubans Knew They Fired on Civilian Planes,” The New York Times, February 28, 1996, http://www.nytimes.com/1996/02/28/world/us-says-cubans-knew-they-fired-on-civilian-planes.html (accessed July 17, 2009).
[293] Human Rights Watch telephone interview with Ana Margarita Perdigón Brito, Cuba, March 4, 2009.
[294] Human Rights Watch telephone interview with Alexander Santos Hernandez, Cuba, March 16, 2009.
[295] Human Rights Watch telephone interview with Juan Francisco Sigler Amaya, Cuba, February 12, 2009. Juan Francisco was a licensed economist until he was fired from his job for his economic ideas, which he said his superiors deemed “Gorbachev-esque” (Gorbachista), and was assigned to work on a sugar plantation, a field in which he had no previous experience.
[296] Ibid.
[297] Human Rights Watch telephone interview with Enyor Díaz Allen, Cuba, March 14, 2009. Enyor Díaz Allen, a member of Youth for Democracy (Jóvenes por la Democracia), was arrested on August 30, 2008, in a public park in Guantánamo, where he was publicly voicing criticisms of the Cuban government.
[298] Human Rights Watch telephone interview with Niover García Fournier, the brother of Yordis, Cuba, March 14, 2009. García Fournier and Poveda Silva were sentenced on September 4, 2008 to one year, and one year and four months, respectively, both for the charge of desacato.
[299] Human Rights Watch telephone interview with Ana Margarita Perdigón Brito, sister of Raymundo, Cuba, March 4, 2009. Perdigón’s father had to be taken to a medical clinic for treatment for injuries he sustained in the attack. Ana Margarita and her father were attacked a second time as they left the clinic.
[300] Human Rights Watch telephone interviews with Ramona Sánchez Ramírez, Cuba, March 13 and 14, 2009. The attack on Sánchez and other peaceful protestors took place during the appeal of Yordis García Fournier and Isael Poveda Silva. The incident was confirmed in a Human Rights Watch telephone interview with Niover García Fournier, brother of Yordis García Fournier, in Cuba, on March 14, 2009 who was also part of the peaceful gathering that was attacked.
[301] Human Rights Watch interview with Roberto Marrero la Rosa, Cuba, June 2009.
[302] Human Rights Watch interview with Marco Antonio Lima Dalmau, Cuba, June 2009.
[303] Criminal Procedural Law, art. 243. See “Arbitrary Detention,” in “The Legal Foundation of Repression in Cuba” above.
[304] Criminal Code, art. 75(1).
[305] Human Rights Watch interview with Marco Antonio Lima Dalmau, Cuba, June 2009.
[306] Human Rights Watch telephone interview with Gabriel Díaz Sánchez, Cuba, February 25, 2009.
[307] Human Rights Watch telephone interview with Enyor Díaz Allen, Cuba, March 14, 2009.
[308] Human Rights Watch telephone interview with Juan Carlos González Leiva, Cuba, March 13, 2009.
[309] Human Rights Watch telephone interviews with Bárbara González Cruz, Cuba, April 23, 2009, and Rufina Velásquez González, Miami, United States, April 28, 2009.
[310] Human Rights Watch telephone interview with Alexander Santos Hernández, Cuba, March 16, 2009.
[311] Human Rights Watch telephone interview with Rodolfo Bartelemí Coba, Cuba, March 13, 2009.
[312] CCDHRN, “The Human Rights Situation in Cuba after Three Years of Changes in the Highest Levels of the Government,” August 10, 2009.
[313] Human Rights Watch telephone interviews with Juan Luís Rodríguez Desdín, Cuba, March 16 and 19, 2009.
[314] Human Rights Watch telephone interview with Rufina Velásquez González, Miami, United States, April 28, 2009.
[315] Human Rights Watch interview with Roberto Marrero la Rosa, Cuba, June 2009.
[316] Human Rights Watch telephone interview Rodolfo Bartelemí Coba, Cuba, March 13, 2009.
[317] Daniel P. Erikson, The Cuba Wars: Fidel Castro, the United States, and the Next Revolution (New York: Bloomsbury Press, 2008), pp. 66-67.
[318] “Cuba: Release Political Dissidents,” Human Rights Watch news release, April 26, 2004, http://www.hrw.org/en/news/2004/04/26/cuba-release-political-dissidents.
[319] Cuban constitution, arts. 16 and 44. As cited in Jesús R. Mercader Uguina, Reality of Labor in Cuba and the Social Responsibility of Foreign Investors (Valencia: Tirant Lo Blanch, 2006), p. 106.
[320] Jesús R. Mercader Uguina, Reality of Labor in Cuba and the Social Responsibility of Foreign Investors (Valencia: Tirant Lo Blanch, 2006), pp. 110-112.
[321] Human Rights Watch telephone interview with Eduardo Pacheco Ortíz, Cuba, February 23, 2009.
[322] Human Rights Watch telephone interview with Víctor Yunier Fernandez Martinez, Cuba, March 5, 2009.
[323] Human Rights Watch telephone interview with Gertrudis Ojeda Suave, Cuba, March 31, 2009.
[324] Fines (multas) for individual violations are generally given a range in shares (cuotas) that may be assigned. Shares are the unit of fines, and they may range from 50 cents to 20 pesos. It is up to the tribunal to determine the number of shares and the share value for each fine. For example, resistance (resistencia) may carry a fine of 100 to 300 shares. That means the fine assigned could range from 50 pesos to 6,000 pesos, depending on the determination of the judge.
[325]Criminal Code, art. 35(4).
[326] Ibid., art. 35(5).
[327] Human Rights Watch interview with René Velásquez Gonzáles, Cuba, June 2009.
[328] Hoarding, an offense that carries a penalty of three months to a year in prison, a fine of 300 shares, or both—may be applied to anyone in possession of an amount of a product, “unjustifiably exceeding the requirements for his/her normal necessities,” a vague and ill-defined quantity. Criminal Code, art. 230.
[329] Human Rights Watch telephone interview with Rebeca Rodríguez Souto, Cuba, February 10, 2009.
[330] Human Rights Watch telephone interview with Eduardo Pacheco Ortíz, Cuba, February 23, 2009.
[331] Human Rights Watch telephone interviews with Ramona Sánchez Ramírez, Cuba, March 13 and 14, 2009.
[332] Human Rights Watch telephone interview with Niover García Fournier, the brother of Yordis, Cuba, March 14, 2009.
[333] Human Rights Watch, Families Torn Apart: The High Cost of U.S. and Cuban Travel Restrictions, October 18, 2005, http://www.hrw.org/en/reports/2005/10/18/families-torn-apart..
[334] Yoani Sánchez, “No, ‘for the moment,’” post to “Generation Y” (Generación Y), (blog), May 30, 2008, http://www.desdecuba.com/generationy/?p=157 and http://desdecuba.com/generaciony/wp-content/uploads/2008/05/negativa_viaje.pdf (accessed August 11, 2009).
[335] Larry Rohter, “Yoani Sánchez: Virtually Outspoken in Cuba,” New York Times, October 17, 2009; Yoani Sánchez, “Speaking my mind,” post to “Generation Y” (Generación Y), (blog), October 17, 2009, http://www.desdecuba.com/generationy/?p=1058 (accessed October 18, 2009).
[336] Human Rights Watch telephone interview with Pedro Pablo Álvarez Ramos, Miami, United States, April 14, 2009.
[337] “B Denied His Exit Visa for the International Competition of the ‘Battle of the Roosters’ hosted by Red Bull,” Los Aldeanos, press announcement, November 21, 2008, http://losaldeanos.wordpress.com/2009/03/13/el-b-negado-su-permiso-de-salida-para-la-competencia-internacional-de-“la-batalla-de-los-gallos”-de-red-bull/, (accessed September 15, 2009).
[338] Almieda is the son of the Cuban revolutionary commander and Vice President Juan Almeida Bosque, who died on September 11, 2009.
[339] Human Rights Watch telephone interview with Indira Quesada, daughter of Juan Juan Almeida García, Miami, United States, on October 15, 2009.
[340]Decreto Ley de Regulaciones Migratorias Internas para Ciudad de la Habana (Decree on Internal Migratory Regulations for the City of Havana), Gaceta Oficial de la República de Cuba, No. 217, 1997, http://www.gacetaoficial.cu/html/regulacionesmigratoriasparaC.H.html (accessed April 23, 2009).
[341]Yallin Orta and Dora Pérez, “La Habana sumergida,” Juventud Rebelde, August 3, 2008, http://www.juventudrebelde.cu/cuba/2008-08-03/la-habana-sumergida/ (accessed September 7, 2008).

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