Cuban Government Excessive Force Political Detentions Protesters

City Bar Urges Adherence to International and Domestic Legal Obligations

The New York City Bar Association Bar is gravely concerned by the reported use of excessive police force and arbitrary or politically motivated detentions by the Cuban government in response to peaceful demonstrations starting on July 11, 2021.  The City Bar calls on the Cuban government to fully adhere to its international and domestic legal obligations, including Cuba’s commitment to respect its citizens’ freedoms of political speech and assembly, as well as their rights to due process of law.

Cuba is a party to the International Convention for the Protection of all Persons from Enforced Disappearance (the “ICPPED”), under which it is prohibited from subjecting its citizens to enforced disappearance.[1]  “Enforced disappearance” for the purposes of the ICPPED includes detention by state actors followed by a refusal to acknowledge the deprivation of liberty.[2]  Cuba is also a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and so is obligated to prevent “cruel, inhuman or degrading treatment or punishment” by public officials within its territory.[3]  Finally, Cuba is a signatory to the International Covenant on Civil and Political Rights (the “ICCPR”), pursuant to which member states have agreed that “[e]veryone shall have the right to hold opinions without interference and that “[e]veryone shall have the right to freedom of expression . . ..”[4]  Although Cuba is not a party to the ICCPR, it has declared that all rights recognized in the ICCPR are already protected under Cuban domestic law.[5]

The actions of the Cuban government following the demonstrations that started on July 11 described in recent reports appear to be inconsistent with Cuba’s treaty obligations and its own domestic law.  It has been reported that many of the demonstrators were beaten by police[6] and have been unlawfully detained without cause.[7]  It has also been reported that that there have been summary trials of demonstrators[8] and that the location of some demonstrators presumed to have been detained remains unknown.[9] There have also been reports of attacks and police raids targeting independent journalists and foreign correspondents,[10] and of restrictions to messaging and social media platforms.[11]

Even if the detentions were lawful, the use of excessive force by the police and the authorities’ unwillingness to provide timely and accurate information concerning the whereabouts of persons who were detained would constitute serious violations of international law.  To the extent the reports indicate that the Cuban government has used violence, detention, and disappearance to deter and punish the free expression of political ideas, they are even more concerning.

The New York City Bar calls upon the Cuban government to refrain from violence in its response to future peaceful demonstrations, to immediately identify the whereabouts of all persons taken into custody following the demonstrations that started on July 11, and to release any detainees currently being held in retaliation for the expression of their political views.  The City Bar further calls upon the Cuban government to protect and guarantee the right to peaceful assembly and freedom of expression, without discrimination based on political views.