A/HRC/42/30
Until the Constitutional Court rules on the matter, no legal action can be taken against the
Peace Community or its legal representative.
7.
Cuba
36.
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.
38.
The case of Ms. Dora L. Mesa, of Asociación Cubana para el Desarrollo de la
Educación Infantil (ACDEI), was included in the 2018 report of the Secretary-General
(A/HRC/39/41, Annex I, paras. 24–25). According to new information, Ms. Mesa continues
to be the subject of harassment, intimidation and threats, including death threats. Ms. Mesa
has been threatened at her home by a man who identified himself as a member of State
Security, with severe consequences including to her physical integrity, should she not
cooperate with them. She does not leave home for fear of being attacked. Her attempts to
appeal to the Supreme People’s Court for the return of her passport failed. She has been
interviewed by police officers who have told her not to have contact with any official from
the OHCHR or do research on child rights in Cuba.
39.
The Assistant Secretary-General addressed the allegations of reprisals against Ms.
Mesa on 27 December 2018. On 16 January 2019, the Government responded categorically
denying the allegations and rejecting that, without new elements, allegations previously
responded to are taken up again. The Government reiterated elements of its previous
response of 10 May 2018 (A/HRC/39/41, Annex I, para. 26), including that the individuals
mentioned in the letter pretend to be human rights defenders when they commit illegal acts
aimed at overthrowing constitutional order established in the country following instructions
and funding from foreign governments. The Government expressed concern that there are
no safeguards to prevent the politization, selectivity and arbitrariness of the use of the
reprisals mandate against developing countries.
8.
Djibouti
40.
The case of Mr. Kadar Adbi Ibrahim, professor, journalist and human rights
defender, was included in the 2018 report of the Secretary-General (A/HRC/39/41, para. 37
and Annex, para. 31) because he was unable to participate in the UPR review of Djibouti in
May 2018. Four Member States expressed their concern during the UPR session (see
A/HRC/39/10, paras. 54, 64, 84 and 104). In July 2018, three special procedures mandate
holders raised concerns about his arrest and the confiscation of his passport upon his return
to Djibouti from Geneva in April 2018, where he had conducted advocacy activities ahead
of the UPR of Djibouti (DJI 1/2018, and A/HRC/40/60/Add.1, paras. 19, 50). On 24
September 2018, the Government responded indicating that Mr. Ibrahim had been placed
GE.19-15332
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