MEDICAL TREATMENT REQUIRED
FOR IMPRISONED CUBAN DISSIDENT


Human Rights First expresses deep concern over ongoing detentions

June 5, 2003

Human Rights First is concerned about the deteriorating health of Cuban economist and independent journalist Oscar Espinosa Chepe, currently being held in Chafarina prison, Guantánamo. Sentenced to twenty years in jail on March 20, 2003 for his non-violent activities as a government critic, 62 year-old Espinosa Chepe is reported to be suffering from a chronic kidney condition, a thoratic hernia, persistent hyper-tension, and severe weight loss among other ailments. He is not receiving adequate treatment and medication for these conditions. On April 18, his wife, Miriam Leiva, and Dr. Ileana Prieto Espinosa, Mr. Chepe’s niece who has provided medical treatment to him for years, visited the prison and reported that he was experiencing acute symptoms of liver failure.

In March 2003, nearly 80 Cuban dissidents were arrested, tried and sentenced to up to 28 years in prison for charges ranging from “disrespect” of the Revolution to committing “treason”, or giving information to the enemy. This crackdown on human rights defenders and independent journalists in Cuba is the most severe in many years and has been condemned widely by human rights organizations, foreign governments and the United Nations.

According to Cuban officials, Espinosa Chepe had carried out “activities against the integrity and sovereignty of the State” contrary to Articles 7 and 11 of Law 88 of 1992. This legislation calls for seven to fifteen years imprisonment for those found guilty of passing information to the United States that could be used to support anti-Cuban measures such as the US embargo. The length of the sentence can be increased to twenty years if the information is obtained in a surreptitious manner. The crackdown in March was the first time that this part of the legislation has been used thereby explaining the unusually long sentences. Mr. Espinosa Chepe strenuously denies all of the charges against him and maintains that he has been imprisoned solely for expressing his non-violent beliefs and opinions.

Oscar Espinosa Chepe worked as an economic counselor at the Cuban Embassy in Yugoslavia for a number of years before becoming an independent journalist, reporting on economic and other matters. His work as a journalist included hosting, from Cuba, a weekly news segment broadcast by the U.S. government-funded, Miami-based radio station, Radio Martí, which broadcasts to the island.

Human Rights First is deeply concerned by recent reports of the substandard conditions of detention in which Espinosa Chepe is being kept. He is reported to be sharing a small, dimly lit and poorly ventilated cell with three other prisoners and although he has been given medicine for his high blood pressure, he has repeatedly been denied treatment for his other ailments and the medication that his wife has been bringing him has not been delivered. His health has deteriorated seriously since his imprisonment.

Human Rights First strongly urges the Cuban authorities to order the release of Oscar Espinosa Chepe and all other individuals who were arrested and convicted on the basis of their peaceful political activities and their efforts to promote and protect basic human rights in Cuba. We condemn all politically motivated prosecutions and detentions, which are contrary to fundamental human rights standards. According to the 1998 UN Declaration on Human Rights Defenders, which Cuba actively participated in drafting and passing, “all persons have the right to effective access to participation in the government of their country and in the conduct of public affairs.” The Declaration also provides that everyone has the right “freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.” The important work of Cuban human rights defenders should be recognized by the government and they should be supported rather than persecuted.

While he remains in detention, Human Rights First calls on the Cuban government to ensure that Oscar Espinosa Chepe is provided with appropriate medical treatment immediately and that his conditions of detention meet basic international standards. International human rights law requires that all persons held in detention are treated with humanity and dignity and that they are not subjected to cruel, inhuman or degrading treatment. The Cuban government should ensure the application of the UN Standard Minimum Rules for the Treatment of Prisoners and the UN Body of Principles for the Protection of all Persons Under Any Form of Detention or Imprisonment, which further elaborate the basic standards to be achieved in ensuring respect for the rights of detainees.

RECOMMENDED ACTION

Please write to the Cuban authorities demanding an end to the persecution of dissidents and human rights defenders in Cuba and for the immediate release of all those held for expression of their non-violent opinions. Express particular concern about the deteriorating health of Oscar Espinosa Chepe and demand that he be granted immediate access to appropriate treatment and medication.

A model letter for transmission to the Cuban authorities is attached below. Please send your letters to:

Dr. Fidel Castro Ruz
Presidente de los Consejos de Estados y de Ministros
La Habana, CUBA
Fax: 011-53-7-333-085

Dr. Juan Escalona Reguera
Fiscal General de la República
Fiscalía General de la República
San Rafael 3
La Habana, CUBA
Fax: 011 53 7 669 485/333 164

Sr. Felipe Pérez Roque
Ministro de Relaciones Exteriores
Ministerio de Relaciones Exteriores
Calzada No. 360
Vedado, La Habana, CUBA
Fax: 011 53 7 333 085
E-mail: cubaminrex@minrex.gov.cu

For those in the U.S., we encourage you to also send copies of your letter to:

Embassy of Switzerland
Cuban Interests Section
2630 16th Street NW
Washington, DC 20009
Fax: 202-986-7283

Human Rights First documents on Cuba can be found on our web-site at http://www.humanrightsfirst.org/media/2003_alerts/0409.htm

Should you require more information, please contact the Human Rights Defenders Program (212.845.5298, defenders@humanrightsfirst.org).

Dear Sir

I would like to bring to your attention the case of Oscar Espinosa Chepe, an economist and journalist in deteriorating health who is being held in Chafarina prison, Guantánamo. Sentenced to twenty years in jail on March 20, 2003 for “activities against the integrity and sovereignty of the State,” 62 year-old Espinosa Chepe is reported to be suffering from a chronic kidney condition, a thoratic hernia, persistent hyper-tension, and severe weight loss among other ailments. He is not receiving adequate treatment and medication for these conditions. On April 18, his wife, Miriam Leiva, and Dr. Ileana Prieto Espinosa, Mr. Chepe’s niece who has treated him for years, visited the prison and reported that he was experiencing acute symptoms of liver failure.

As you are aware, in March 2003, nearly 80 Cuban dissidents were arrested, tried and sentenced to up to 28 years in prison for charges ranging from “disrespect” of the Revolution, committing treason, or giving information to the enemy. This crackdown on human rights defenders and independent journalists in Cuba is the most severe in recent years and has been condemned widely by human rights organizations, foreign governments and the United Nations. According to Cuban officials, Espinosa Chepe was accused of carrying out “activities against the integrity and sovereignty of the State” contrary to Articles 7 and 11 of Law 88 of 1992. Mr. Espinosa Chepe strenuously denies all of the charges against him and maintains that he has been imprisoned solely for expressing his beliefs and opinions.

I am deeply concerned by recent reports of the substandard conditions of detention in which Espinosa Chepe is being kept. He is reported to be sharing a small, dimly lit and poorly ventilated cell with three other prisoners and although he has been given medicine for his high blood pressure, he has repeatedly been denied treatment for his other ailments and the medication that his wife has been bringing him has not been delivered. According to his wife, his health has deteriorated seriously since his imprisonment.

I strongly urge you to order the release of Oscar Espinosa Chepe and all other individuals who were arrested and convicted on the basis of their peaceful political activities and their efforts to promote and protect basic human rights in Cuba. According to the 1998 UN Declaration on Human Rights Defenders, which Cuba actively participated in drafting an passing, all persons have the right to effective access to participation in the government of their country and in the conduct of public affairs. The Declaration also provides that everyone has the right “freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.” The important work of Cuban human rights defenders should be recognized by the government and they should be supported rather than persecuted.

While he remains in detention, I urge you to ensure that Oscar Espinosa Chepe is provided with appropriate medical treatment immediately and that his conditions of detention meet basic international standards. International human rights law requires that all persons held in detention are treated with humanity and dignity and that they are not subjected to cruel, inhuman or degrading treatment. The Cuban government should ensure the application of the UN Standard Minimum Rules for the Treatment of Prisoners and the UN Body of Principles for the Protection of all Persons Under Any Form of Detention or Imprisonment, which further elaborate the basic standards to be achieved in ensuring respect for the rights of detainees

Sincerely,