Resolution IACHR. Precautionary Measure No. 206/13 (Cuba), 26-09-2014

• Case Outcome: Granted
• Respondent State: Cuba
• Court: Inter-American Comission of Human Rights
• Case Type: Precautionary Measures
• Date: 26 September 2014

INTER-AMERICAN COMMMISSION ON HUMAN RIGHTS

RESOLUTION 26/2014

PRECAUTIONARY MEASURE No. 206-13

Matter of Á.L.S.P. concerning the Republic of Cuba

September 26, 2014

I. INTRODUCTION

1. On J. 13, 2014, the Commission on Human Rights (hereinafter "the Inter-American Commission,"

"Commission" or "IACHR ") received a request for precautionary measures submitted by “Elisa

Tabakman” (hereinafter “the applicant”) asking the Commission to require the Republic of Cuba (“Cuba”

or “the State”) to protect the life and personal integrity of Á.L.S.P. (hereinafter

“the proposed beneficiary”), a writer and alleged member of the opposition against the current C.

government. According to the request for precautionary measures, the life of Mr. Á.L.aro

S.P. is at risk, since he is facing a number of alleged physical attacks, threats and alleged

intimidating acts by S. agents as a result of his work as a writer and his critical stance against the

current government.

2. After analyzing the arguments of fact and law presented by the applicant, the Commission considers

that the information presented demonstrates prima facie that Mr. Á.L.S. and his

son1 are in a serious and urgent situation because their life and personal integrity are threatened and at

serious risk. In consequence, in accordance with Article 25 of the Rules of Procedure of the Commission,

the Commission requires the S. of Cuba to: a) take the necessary measures to guarantee the life and

personal integrity of Á.L.aro Santiesteban and his son, b) agree with the beneficiary or his

representative on 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, so that their repetition can be prevented.

II. SUMMARY OF FACTS AND ARGUMENTS PROVIDED BY THE APPLICANT

3. According to the initial request and subsequent information submitted by the applicant, there is

currently a context of alleged physical attacks, intimidation and threats against Á.L.o

S. as a result of his work as writer and his critical stance against the current government of

Cuba, particularly shown in his writings published on his blog “[t]he sons and daughters nobody

wanted,” where he had started “to openly express his ideas against the regime to the public.” The

information provided by the applicant is summarized as follows2:

a) In 2009, the proposed beneficiary had decided to take off his "mask" of writer and citizen who

accepted the conditions of the alleged "totalitarian regime" in Cuba. In this sense, in his quality of "an

award-winning writer, who had contacts with universities and international book fairs, he decide[d] to

abandon everything, for the urgent need to express [his] views on social and political cultural events in

[his ] country, and elsewhere, in [his] blog 'the sons and daughters nobody wanted'." In this blog, the

1 The identity of the child is reserved under request of the applicant of these precautionary measures. Ho wever, he

is fully identified in the documents submitted.

2 In the context of this case and in view of the difficulties of the applicant to receive information, the Commission

has made three requests for information to the applicant on August 12, 2013; J. ary 22, 2014; and J.ly 1, 2014.

The applicant has provided information on J. 13, 2013; J. 29, 2013; August 22, 2013; February 5, 2014; J. 14

and 21, 2014; and August 11, 2014.