Report No. 16 (2013) IACHR. Petition No. 11.648 (Cuba)

• Report Number: 16
• Petition Number: 11.648
• Year: 2013
• Case Type: Archive
• Court: Inter-American Comission of Human Rights
• Respondent State: Cuba
• Alleged Victim: Magalys Sánchez Hernández y otro

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REPORT No. 16/13

DECISION TO ARCHIVE

CASE 11.648

MAGALYS SÁNCHEZ HERNÁNDEZ AND QUINTIN ALBERTO VALIENTE SANCHEZ

CUBA

March 20, 2013

ALLEGED VICTIMS: Magalys Sánchez Hernández and Quintin Alberto Valiente Sánchez

PETITIONER: Quintin Valiente

VIOLATIONS ALLEGED: Impediment to leaving the country.

DATE PROCESSING BEGAN: July 1, 1996

I. THE PETITIONER’S POSITION

1. On July 1, 1996, the Inter-American Commission on Human Rights received a complaint lodged by Mr. Quintin Alberto Valiente Sánchez, dated June 26 of that year. The complaint was brought against the Cuban State and alleged that the Government had refused to allow his wife –Magalys Sánchez Hernández- and son -Quintin Alberto Valiente Sánchez- to leave Cuba. The petitioner reported that he left Cuba on a medical mission in August 1994; in December of that year, he traveled to the United States, where he asked for political asylum, which was granted on September 1, 1995.

2. The petitioner reported that once he had been granted political asylum, he asked Cuban immigration authorities to allow his wife and son to leave Cuba so that the family could be reunited. However, the requested authorization was denied.

II. THE STATE’S POSITION

3. The Cuban State did not offer any information.

III. PROCESSING WITH THE IACHR

4. The IACHR received the petition on July 1, 1996, and classified it as number 11,648. On July 3, 1996, the Commission forwarded the relevant parts of the petition to the State, pursuant to Article 34 of its then Regulations. It asked the State to provide whatever information it deemed appropriate within 90 days. The State did not reply.

5. On September 5, 1996, the petitioner and Mrs. Magalys Sánchez Hernández thanked the IACHR for the measures it had taken and reported that on August 23, 1996, the Cuban immigration authorities had advised Mrs. Sánchez Hernández that she would have to wait three years for authorization to leave Cuba.

6. The Commission received no information from the parties subsequent to 1996. On May 23, 2012, the Commission sent the petitioner a note in which it requested updated information in order to ascertain whether the grounds for the complaint still...