Marthadela Tamayo González

Cases
Location of case in SG report
2018-025-002
Relevant SG report
Year of the report
2018
Country Geolocation

Latitude: 21.521757

Longitude: -77.781167

Country Geolocation (linked Cases)
Cuba
From Region
UN body that raised the case prior to the SG report
  • Assistant Secretary-General
Dates of prior UN action
11 April 2018
Type of record
Named individual
Gender
Female
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

member of the Comité Ciudadanos por la Integración Racial (CIR)

Type of rights defended
  • Caste/Ethnic minorities' rights/Racism
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

attempting to travel to Geneva for pre-meetings of the UPR

Engagement with UN body
  • UN Human Rights Council: UN Human Rights Council - General
  • UN Human Rights Council: UPR
Dates of engagement
07 April 2018
Type of attempted engagement
  • Participation in meeting on UN premises
Dates of mentioned reprisals
07 April 2018
Location of mentioned reprisals
Havana
Reprisal information

subject to intense scrutiny at the airport by customs and immigration officials, and were prevented from being able to board the plane to travel to Geneva.

Types of reprisals suffered
  • Travel restriction
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
Yes
Government response dates
10 May 2018
Government response content

the Government responded that the individuals mentioned in the letter do not merit the categorization of ‘human rights defender’ because of the large monetary sums received for their work from undue foreign influence intent on regime change. The Government stated that these individuals should be more appropriately called ‘foreign agents,’ and rejected categorically the allegations of reprisals.

Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
3
In which SG report was this case followed up on? 0
2021
Follow up information provided in SG report 0

  1. The case of Mr. Juan Antonio Madrazo Luna, member of the Comité Ciudadanos por la Integración Racial (CIR), was included in the 2020, 2019 and 2018 reports of the Secretary-General138 on allegations of travel restrictions that prevented his engagement with the Committee on the Elimination of Racial Discrimination (CERD) and the UPR session in

  2. The case of Ms. Marthadela Tamayo González, member of CIR, was included in the 2018 report of the Secretary-General for the same reasons.139 On 18 January 2021, special procedures mandate holders addressed allegations of surveillance, threats, travel bans, and alleged arbitrary detentions on a regular basis since 2017 against several members of the CIR, including Mr. Madrazo Luna and Ms. Tamayo González (CUB 1/2021)

  3. 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 2019.14

Followup Trends 0
Deterioration/further reprisals
Date of follow up 0
18 January 2021, 11 March 2021
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN Special Procedures: UN Special Procedures - General
In which SG report was this case followed up on? 1
2022
Follow up information provided in SG report 1
  1. The case of Mr. Juan Antonio Madrazo Luna, member of the Comité Ciudadanos por la Integración Racial (CIR), was included in the 2019, 2020 and 2021 reports of the Secretary-General on allegations of travel restrictions that prevented his engagement with the Committee on the Elimination of Racial Discrimination and the Universal Periodic Review session in 2018. The case of Ms. Marthadela Tamayo González, member of CIR working on women’s rights, was included in the 2018 and 2021 reports of the Secretary-General for the same reasons. According to information received by OHCHR, both Mr. Madrazo Luna and Ms. Tamayo González have continued to suffer intimidation and harassment by the police during the reporting period. They have reportedly been under constant surveillance by police agents during the period. In addition, both were arbitrarily arrested several times during the reporting period, interrogated and deprived of their liberty for a few hours each time. It is reported that other members of the CIR have also been intimated by the police and asked to warn Ms. Tamayo Gonzalez to discontinue her human right work referring to her engagement with the United Nations, and to inform Mr. Madrazo Luna that he will not be allowed to travel abroad.
Followup Trends 1
Deterioration/further reprisals
Did the government respond? 1
Yes
In which SG report was this case followed up on? 2
2023
Follow up information provided in SG report 2
  1. 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 SecretaryGeneral 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-General 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
  2. 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.
Followup Trends 2
Deterioration/further reprisals
Did the government respond? 2
No