José Ernesto Morales Estrada
Cases- Location of case in SG report
- 2018-022-001
- Relevant SG report
- Year of the report
- 2018
- From Country
- 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
- UN Special Procedures: Thematic
- Dates of prior UN action
- 9 February 2018; 11 April 2018
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
of Consejería Jurídica e Instrucción Cívica
- 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
travelled to Geneva at the end of November 2017 to take part in the 94th session of the Committee on the Elimination of Racial Discrimination and the 10th session of the United Nations Forum on Minority Issues
- Engagement with UN body
- UN Treaty Bodies: CERD
- UN Human Rights Council: Minorities forum
- UN Human Rights Council: UN Human Rights Council - General
- Dates of engagement
- November 2017
- Type of attempted engagement
- Participation in meeting on UN premises
- Dates of mentioned reprisals
- 18 December 2017
- Location of mentioned reprisals
- Pinar del Río
- Reprisal information
interrogation, threats and unofficial travel bans
- Types of reprisals suffered
- Threats/Intimidations (incl. "fear of reprisal")
- 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
- 6 April 2018; 10 May 2018
- Government response content
on 6 April 2018 the Government categorically rejected the allegations, stating that Cuba does not detain, threaten or harass people for peacefully exercising their rights and that Mr. Morales Estrada is free to leave the country.
On 10 May 2018 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
- 2020
- Follow up information provided in SG report 0
The situation of Mr. José Ernesto Morales Estrada of the organization Consejería Jurídica e Instrucción Cívica was included in the 2018 report of the Secretary-General on allegations of interrogation, threats and travel ban following his engagement with CERD and the Forum on Minority Issues (A/HRC/39/41, Annex I, paras. 22–23). Between 30 September and 3 October 2019, Mr. Morales Estrada participated in meetings in Geneva with representatives of OHCHR, civil society and diplomatic missions, as well as a public event, broadcast live on social media. It was reported to OHCHR that, following his return to Cuba on 15 November 2019, his home was visited by State Security agents attempting to arrest him. They left when he insisted to see an arrest warrant, but he was told to report to the police station the following day where he was informed that he was being investigated following a complaint filed against him. He was informed that he could be detained for up to three days during the investigation phase. 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.
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- Yes
- In which SG report was this case followed up on? 1
- 2021
- Follow up information provided in SG report 1
- 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.
- 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.
- Followup Trends 1
- Deterioration/further reprisals
- Did the government respond? 1
- Yes
- In which SG report was this case followed up on? 2
- 2022
- Follow up information provided in SG report 2
- The case of Mr. José Ernesto Morales Estrada, of Consejería Jurídica e Instrucción Cívica (CJIC), was included in the 2018, 2020 and 2021 reports of the Secretary-General on allegations of threats and a travel ban following his engagement with the United Nations Committee on the Elimination of Racial Discrimination and the Forum on Minority Issues in 2017, and interrogation following his engagement with the United Nations in Geneva in 2019. In 2020 and 2021, Mr. Morales Estrada was reportedly subjected to the arbitrary imposition of multiple fines by police agents, allegedly with the aim of obstructing his work and intimidating him. According to information received by OHCHR, on 6 February 2022, he was allegedly summoned to the police station and questioned about his travels abroad in January 2022. On 20 May 2022, the police reportedly confiscated Mr. Morales Estrada’s driver’s license due to several unpaid fines which were reportedly arbitrarily imposed (see above). Since that date, Mr. Morales Estrada has reportedly been unable to drive since his license has not been returned.
- Followup Trends 2
- Deterioration/further reprisals
- Did the government respond? 2
- Yes