A/HRC/54/61
45.
On 18 July 2023, the Government responded to the note verbale sent in connection to
the present report. The Government stated that in 2017, Mr. Wilmer Orland Anteliz
Gonzalez, did not provide consent to become a beneficiary of the State Protection Program
he was offered and confirmed two investigations in the Sectional Prosecutor’s Office in North
of Santander for the crime of threats against Mr. Anteliz. The National Police also confirmed
that on 19 January Mr. Anteliz was dismissed by the National Government through an
administrative procedure instructed by the Ministry of Defence in accordance with article 1
of Law 857 of 2003, and that the dismissal was revoked by the Superior Court of the Judicial
District of Cúcuta, in response to the motion filed by Mr. Anteliz against his dismissal. The
Government noted further that the Constitutional Court has assessed the consistency between
the discretionary power of withdrawal and the Colombian Constitution, reaching the
conclusion that it does not violate the right to due process. Additionally, the National Police
noted that Mr. Anteliz has not presented his case before the Contentious Administrative
Jurisdiction or before the courts of first and second instance, which is in the view of the
National Police the appropriate instance to seek a declaration of nullity of the resolution that
removed him from active service in the National Police.
9.
Cuba
46.
The case of Mr. Juan Antonio Madrazo Luna, a member of the Comité Ciudadanos
por la Integración Racial (CIR), has been included since 2019 in the reports of the SecretaryGeneral61 on allegations of intimidation and travel restrictions that prevented his engagement
with the Universal Periodic Review of Cuba and Committee on the Elimination of Racial
Discrimination62 in 2018. The Committee addressed the allegations in August 2018 and the
Government responded. The case of Ms. Marthadela Tamayo González, a member of CIR
working on women’s rights, was included in the 2018, 2021 and 2022 reports of the
Secretary-General63 on allegations of intimidation and travel restrictions in connection to her
engagement with the Universal Periodic Review of Cuba in 2018. Special procedures
mandate holders have addressed the situation of Mr. Madrazo Luna and Ms. Tamayo
Gonzalez in two communications64 to which the Government has responded.65
47.
According to information received by OHCHR, Mr. Madrazo Luna and Ms. Tamayo
González were informed by the authorities that they continue to be under a temporary exit
ban (regulados) during the reporting period and could not travel abroad. This reportedly
hindered their engagement with the United Nations, including for the ongoing preparations
of the fourth cycle of the Universal Periodic Review of Cuba, scheduled to take place in
November 2023. Both human rights defenders reportedly continue to be under constant
surveillance at their home by police agents and have suffered repeated and targeted
interruptions of their mobile data and landline phone services, sometimes for periods of
weeks. This has prevented them from seeking, receiving, and imparting information, and
obstructed their engagement with the United Nations.
10.
Djibouti
48.
The case of Mr. Kadar Abdi Ibrahim, of the Mouvement pour la démocratie et la
liberté (MoDEL), has been included since 2018 in the reports of the Secretary-General66 on
allegations of passport confiscation by the authorities related to his engagement with the
61
62
63
64
65
66
GE.23-15378
A/HRC/39/41, Annex I, para. 25; A/HRC/42/30, Annex II, paras. 36–37; A/HRC/45/36, Annex II,
para. 39; A/HRC/48/28, Annex II paras. 33–34 and 37; A/HRC/51/47, Annex II paras. 57–58.
INT_CERD_RLE_CUB_8965_S.
A/HRC/39/41, Annex I, para. 25 and A/HRC/48/28, Annex II paras. 33–34 and 37; A/HRC/51/47,
Annex II paras. 57–58.
CUB 1/2021 and CUB 4/2021.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36028;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37031.
A/HRC/39/41, Annex I, para. 3; A/HRC/42/30, Annex II, paras. 40–41; A/HRC/45/36, Annex II,
paras. 42–43; A/HRC/48/28, Annex II paras. 38–39; A/HRC/51/47, Annex II Paras. 59–60.
53