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.