Resolution IACHR. Precautionary Measure No. 245/13 (Cuba), 28-10-2013

• Case Outcome: Granted
• Respondent State: Cuba
• Court: Inter-American Comission of Human Rights
• Date: 28 October 2013

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 5/2013

M. of I.H.C. regarding Cuba

PRECAUTIONARY MEASURE No. 245-131

October 28, 2013

I. INTRODUCTION

1. On August 1, 2013, the Inter-American Co mmission on Human Rights (hereinafter "the Inter-American

Commission," "Commissio n" or "IACHR ") received a request for precautiona ry measures submitted by “The

International Group for Corporate Social Responsibility in Cuba” (hereinafter ““GIRSCC” or “the petitioners”)

requiring that the Republic of Cuba (“Cuba” or “the S.”) protect the life and physical integrity of Iván H.

.

C. (hereinafter “th e proposed beneficiary”), allegedly a journali st serving as Secretary Gen eral of the

"Confederation of Independent Workers of Cuba". The request alleges that the proposed beneficiary is in a

situation of risk because he was subjected to a number of attacks, threats, arrests and acts of intimidation

perpetrated by agents of the Depa rtment of Security of the S. of Cu ba, because of his work as a human rights

defender.

2. The petitioners provided additiona l information on August 27 and September 18, 2013. On August 23, 2013, th e

IACHR requested information from the State. But, as at the date of the adoption of this resolution, the S.e has

not responded to the request for information.

3. After analyzing the allegations of fact and law presented by the petitioners, the Commission finds that the

information available demonstrates prima facie that Mr. I.H. Carrillo faces a serious and urgent

situation and that his life and physical integrity are at risk. Consequently, in accordance with Article 25 of the

Commission’s Rules of Proced ure, the Commission requests that the S. of Cuba: a) ta ke the necessary measures

to guarantee the life and physical integrity of I.H. Carrillo, b) agree with the beneficiary or his

representatives over the measures to be adopted; and c) report on the actions taken to investigate the facts that

led to the adoption of this precautionary measure, in order to prevent their recurrence.

II. ALLEGATIONS SUBMITTED BY THE PETITIONERS

4. A.ng to the petitioners’ initial and subsequent allegations, there is currently a context of attacks, acts of

intimidation and threats against I.H.z C., because of his work in defense of human rights in Cuba;

particularly, in his support for the cause of the “Ladies in White”, and for his activities as a union leader. The

petitioners’ allegations may be summarized as follows:

a) The proposed beneficiary "was arrested during the wave of crackdowns taking place in M.h 2003, and he was

sentenced to 25 years in prison as a member of the well-known 'Group of the 75' in a short summary trial lacking

due process guarantees." Mr. I.H.C.illo was released on February 19, 2011. Th e petitioners assert

that, after his release, the proposed beneficiary was "threatened with charges of incitement to disorder and that

he would be sent back to jail".

1 See: IACHR “2012 Annual Report” M.h 5, 2013. On January 31, 1962, the Government of Cuba was excluded from participating in the inter-

American system by Resolution VI adopted at the Eighth Meeting of Consultation of Ministers of Foreign Affairs, held in Punta del Este

(Uruguay). On J.3., 2009, during its Thirty-ninth Regular Session held in Honduras, the General Assembly of the Organization of American

S.s (OAS) set aside Resolution VI adopted at the Eighth Meeting of Consultation of Ministers of Foreign Affairs and established that “the

participation of the Republic of Cuba in the OAS will be the result of a process of dialogue init iated at the request of the Government of Cuba,

and in accordance with the practices, purposes, and principles of the OAS.”