The case of Mr. Juan Antonio Madrazo Luna, member of the Comité Ciudadanos por la Integración Racial (CIR), was included in the 2018 report of the Secretary-General (A/HRC/39/41, Annex I, para. 25) due to travel restrictions that prevented him from travelling to Geneva to attend the UPR session. According to new information received, in August 2018, Mr. Madrazo Luna was the subject of a 21-day travel ban preventing him from participating in the Committee on the Elimination of Racial Discrimination review of Cuba. On 30 August 2018, the Committee sent a letter to the State party addressing these allegations and requesting a response with information on measures taken to prevent and address reprisals against those who cooperate with the UN. On 15 October 2018, the Government responded to the Committee. 37. Reports received indicate that, in December 2018 and January 2019, Mr. Madrazo Luna and members of CIR were subject to a number of police operations preventing them from carrying out different events, including the celebration of Human Rights Day and presentation of CERD’s observations. On 21 January 2019, Mr. Madrazo Lunas was arrested and held in a police station for eight hours.

The situation of Mr. Juan Antonio Madrazo Luna, member of the Comité Ciudadanos por la Integración Racial (CIR), was included in the 2019 and 2018 (A/HRC/42/30, Annex II, paras. 36–37; A/HRC/39/41, Annex I, para. 25) reports of the Secretary-General on allegations of travel restrictions that prevented his engagement with CERD and the UPR session in 2018. On 3 July 2019, a group of Member States in the Human Rights Council drew attention to his case. 31 Between 30 September and 3 October 2019, Mr. Madrazo Luna travelled to Geneva where he met with representatives of OHCHR, civil society and diplomatic missions and participated in a public event, broadcast live on social media. He returned to Cuba and on 27 October 2019, was reportedly subject to a travel ban at Havana airport when attempting to again leave Cuba. Authorities informed him that he had no permission to leave the country, but did not provide a reason for the decision. 41. On 19 August 2020, the Government responded to the note verbale in connection to the present report stating that the allegations are not only unfounded but are based on fabricated testimonies with motivations outside the cause of human rights. The Government rejected as false the allegations that restrictions or prohibitions on departure from the country apply to Mr. Madrazo Luna and Mr. Morales Estrada. On the contrary, the immigration records show many trips abroad of both individuals during the past few years some of them for participating in international events and meetings in different countries. The allegations of harassment after their return to the national territory from Spain in October 2019 are also false as are the allegations of alleged subpoenas to police units and intimidation by the customs authorities.

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 2018. 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).

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

57. 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.

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 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
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.