A/HRC/48/28 34. Incidents in October and November 2020 have reportedly included searches at the place of residence of Mr. Madrazo Luna with a warrant from the Public Prosecutor’s Office, confiscation of equipment and documents linked to his work, and questioning and threats by police officers. They also included the arrest of Ms. Tamayo Gonzalez on the eve of a public event on racial discrimination which prevented her from participating (CUB 1/2021). On 11 March 2021, mandate holders publicly addressed the situation of CIR and its members, including travel restrictions. 140 On 3 and 16 March 2021, the Government responded, regretting that UN human rights mechanisms are used to channel and validate false allegations. It indicated that there are no complaints on alleged threats and intimidation by state agents against Mr. Madrazo Luna and Ms. Marthadela Tamayo, questioned the “misuse of the term human rights defenders” and provided information on trips by both of them outside the country between 2013 and 2019.141 35. The case of Ms. Yamilka Abascal Sánchez, of youth rights’ network Mesa de Diálogo de la Juventud Cubana, was included in the 2020 report of the Secretary-General142 on alleged interrogation and threats against her and her relatives during and following her trip to Geneva in November 2019 when she engaged with the UN. OHCHR has received information alleging that Ms. Abascal Sánchez is under constant surveillance by the authorities. In August 2020, her husband was released from prison on parole. Since then, on several occasions, state security agents have reportedly visited her house and threatened to revoke her husband’s parole if she participates in any advocacy activity. On 12 March 2021, a state security patrol car parked outside the home of Ms. Abascal Sánchez for several hours and an officer reportedly told her and her husband that they could not leave the house that day without providing an explanation. 36. The case of Mr. José Ernesto Morales Estrada, of Consejería Jurídica e Instrucción Cívica (CJIC), was included in the 2020 and 2018 reports of the Secretary-General143 on allegations of interrogation following his engagement with the UN in Geneva in 2019, and due to threats and a travel ban after his engagement with the CERD and the Forum on Minority Issues in 2017. According to information received by OHCHR, reprisals against Mr. Morales Estrada continue as a consequence of his and the CJIC’s cooperation with various international bodies, including the UN. During the reporting period he has documented and reported to UN human rights mechanisms aspects of the COVID-19 pandemic in the country. On 21 May 2020, Mr. Morales Estrada was reportedly violently arrested by police officers. On 23 May 2020, Mr. Morales Estrada and his sister were allegedly physically attacked by a neighbour who identified himself as a state security agent. Since May 2020, Mr. Morales Estrada was reportedly subjected to the arbitrary imposition of fines on thirteen occasions by police agents, allegedly with the aim of hindering his work and intimidating him. 37. On 2 August 2021, the Government responded to the note verbal sent in connection to the present report reiterating that the allegations about acts of reprisals and travel restrictions against Mr. Madrazo Luna, Ms. Tamayo Gonzalez and Mr. Morales Estrada are false. The Government also qualified the allegations of surveillance, harassment and threats by police authorities against Ms. Abascal Sanchez and her spouse as false. It is the view of the Government that in none of the above cases there is a demonstrated link between their cooperation with the UN and the alleged actions against the individuals. The Government firmly rejects of the use of UN human rights mechanisms to channel false allegations with the only aim of tarnishing its human rights record. 140 141 142 143 56 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26875&LangID=E. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36028 and https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36044. A/HRC/45/36, para. 62 and Annex I paras. 34–35. A/HRC/45/36, Annex II paras. 40–41; A/HRC/39/41, Annex I, paras. 22–23.

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