Further information on UA 416/91 (AMR 25/25/91, 27 November) - Cuba: Prisoners of conscience / legal concern: Maria Elena Cruz Varela, Fernando Velasquez Medina, Pastor Herrera Macuran, Jorge Aracelio Pomar Montalvo, Gabriel Aguado Chavez, Elvira Baro, Hu
EXTERNAL (for general distribution) AI Index: AMR 25/26/91
Distr: UA/SC
11 December 1991
Further information on UA 416/91 (AMR 25/25/91, 27 November 1991) - Prisoners of
Conscience/Legal Concern
CUBA:
María Elena CRUZ VARELA (f)
Fernando VELASQUEZ MEDINA
Pastor HERRERA MACURAN (note full name)
Jorge Aracelio POMAR MONTALVO (note full
name)
Gabriel AGUADO CHAVEZ
Elvira BARO (f)
Húbert Luís MATOS SANCHEZ
Eliécer AGUIAR CHAVEZ
Marco Antonio ABAD FLAMAND - new name
Jorge CRESPO DIAZ - new name
Amnesty International has learned of the trial and sentence of seven of the above people
and the detention of two others. Amnesty International believes that all of those listed
are prisoners of conscience.
The first eight people were detained between 19 and 24 November 1991 following actos de
repudio, "acts of repudiation by the masses", where political dissidents and human rights
activists are subjected to verbal and physical abuse by groups of people chanting
pro-government slogans. Local human rights groups believe these incidents are orchestrated
by Cuba's security services to intimidate any opposition.
According to reports received by Amnesty International, María Elena Cruz Varela, Pastor
Herrera Macurán and Jorge Aracelio Pomar Montalvo, detained together on 21 November 1991
and Gabriel Aguado Chavez, detained some time between 20 and 24 November, were brought
to trial on 28 November at the Tribunal Municipal Popular de la Habana del Este, People's
Municipal Court of East Havana. María Elena Cruz Varela was sentenced to two years'
imprisonment on charges of asociación ilícita, illegal association, and difamación,
defamation. Pastor Herrera Macurán was sentenced to one year and four months on charges
of asociación ilícita and clandestinidad de impresos, clandestine printing. Jorge Aracelio
Pomar Montalvo was sentenced to two years' imprisonment on charges of asociación ilícita
and difamación. Gabriel Aguado Chavez was sentenced to one year and six months' imprisonment
on charges of asociación ilícita and clandestinidad de impresos. The sentences were confirmed
on appeal on 4 December. All were being held at the headquarters of the State Security
police, known as Villa Marista, at the time of the trial but may have since been transferred
to prisons.
Fernando Velásquez Medina, Húbert Luis Matos Sánchez and Eliécer Aguiar Chávez were reported
to have been brought to trial on similar charges on 4 December. Full details are so far
not available but Fernando Velásquez Medina is said to have been sentenced to two years'
imprisonment, Húbert Luis Matos Sánchez to 1 year 4 months and Eliécer Aguiar Chávez to
one year. It is not known whether an appeal has taken place yet.
It is not clear whether Elvira Baró, who was arrested some time between 22 and 24 November,
is still in detention. She was reportedly taken to Villa Marista upon arrest. No news of
any legal proceedings against her has so far been received.
Amnesty International has learned of the arrest of two other people connected to these
cases. Marco Antonio Abad Flamand was reportedly arrested on 19 November as he attempted
to video the acto de repudio at the home of María Elena Cruz. Immediately following his
arrest he was taken to his home which was searched, and possessions, including paintings
and documents, were confiscated. According to one report, he is being held at Villa Marista
but this has not been confirmed. Marco Antonio Abad Flamand is a film maker and former
member of the Cuban film institute ICAIC.
page 2 of FU 416/91
In addition Amnesty International has learned of the detention of Jorge Crespo Díaz, legal
adviser to various human rights groups in Cuba. According to reports, Jorge Crespo Díaz
was detained at approximately 9 pm on 7 December 1991 by a group of police agents in civilian
clothes whilst visiting the wife of Marco Antonio Abad Flamand and taken to Villa Marista.
FURTHER RECOMMENDED ACTION: Telegrams/telexes and airmail letters:
- urging the immediate and unconditional release of all the above, on the grounds that
they are prisoners of conscience detained solely for peacefully expressing their political
beliefs;
- requesting that they be humanely treated while in detention and allowed full access
to family and lawyers;
- continuing to request that all independent human rights monitors and non-violent political
dissidents be permitted to carry out their legitimate activities unhindered.
APPEALS TO:
1) President
Su Excelencia Su Excelencia/Your Excellency
Dr Fidel Castro Ruz
Presidente de los Consejos de Estado y de Ministros
Ciudad de la Habana
Cuba
Telegrams: Presidente Castro, Havana, Cuba
Telexes: 51212 p desp presid
2) Minister of the Interior
General Abelardo Colomé Ibarra Señor Ministro/Dear Minister
Ministro del Interior
Ministerio del Interior
Plaza de la Revolución
Ciudad de La Habana, Cuba
Telegrams: Ministro Interior, Havana, Cuba
Telexes: 511122 / 511464 / 511560 MINREX HAB
3) Attorney General
Dr Ramón de la Cruz Ochoa Señor Fiscal General/Dear Attorney General
Fiscal General de la República
Fiscalía General de la República
San Rafael 3
Ciudad de la Habana, Cuba
Telegrams: Fiscal General, Havana, Cuba
Telexes: 511456 FISGE
4) Head of Department of State Security
Jefe del Cuartel de Seguridad del Estado (DSE) Señor Jefe/Dear Sir
Villa Marista,
Cuidad de la Habana, Cuba
Telegrams: Jefe Seguridad del Estado, Havana, Cuba
5) Minister of Justice
Dr Carlos Amat Forés Señor Ministro/Dear Minister
Ministro de Justicia
Ministerio de Justicia
Calle O No. 216, 8vo piso
e/23 y Humboldt, Vedado
Ciudad de la Habana 4, Cuba
Telegrams: Ministro Justicia, Havana, Cuba
Telexes: 511331 MINJU CU
COPIES TO:
Information Bureau of Human Rights Movement in Cuba
3901 SW 109 Ave, Apt B10
Miami, FL 33165, USA
and to diplomatic representatives of Cuba in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section
office, if sending appeals after the 22 January 1992.