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SUBMITTING AN UPDATE BY THE STATE DEPARTMENT ON HUMAN RIGHTS IN CUBA 

(Senate - April 17, 1989)

[Page: S4049]

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Mr. BRADLEY. Mr. President, I ask that I may insert in the Record an important update by the State 

Department on human rights in Cuba. This report, delivered to all Senators earlier this month, outlines 

the problems that persist with the human rights record in Cuba. The 30th anniversary of the Cuban 

Revolution in January, reminds us of the continued need for the world to respond to Cuba's violations of 

universally recognized human rights. I urge all of my colleagues to read the State Department's 

assessment. 

The update follows: 

U.S. Department of State, January 1989

[U.S. DEPARTMENT OF STATE, JANUARY 1989]

Human Rights in Cuba: An Update

INTRODUCTION

Since he came to power in 1959, Fidel Castro has sought to subordinate all aspects of Cuban life to the 

ideals and aims of the revolution. President Castro set the tone in 1961 when he said `within the 

revolution, everything; against the revolution, nothing.' The current constitution states that civil liberties 

may not be exercised `contrary to the decision of the Cuban people to build socialism and communism.' 

Though the Cuban Government pays lip service to civil liberties and human rights, it subordinates these 

`rights' to its own aims and has become one of the worst human rights violators in the Western 

Hemisphere today. 

In the face of heightened international scrutiny initiated by the UN Human Rights Commission 

(UNHRC) at its session last year, Cuba has taken steps to demonstrate an improved human rights record. 

These include permitting visits by international human rights monitors and releasing many political 

prisoners. Fidel Castro himself denies there is a problem of human rights in Cuba and its officials have 

lauded their government's record of human rights observance. The international community must ensure 

that these statements are matched by deeds. The facts speak for themselves. 

RECENT IMPROVEMENTS

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There has been positive change in Cuba on the human rights front. In the face of international pressure, 

as well as reformist tendencies elsewhere in the socialist bloc, the Cuban Government in the past year 

has undertaken a number of limited, perhaps temporary, reforms. About 250 political prisoners have 

been released and allowed to emigrate. Prison conditions have improved. Reform of the Penal Code 

decriminalized many petty offenses, although it made no significant change with regard to `political 

crimes.' Cuban authorities, at least for the moment, grudgingly tolerate the existence of domestic human 

rights groups. 

In 1988, the Cuban Government permitted inspection visits to Cuba by outside observers, including 

representatives of Amnesty International and the Bar Association of the City of New York. Cuba 

accepted inspection visits by representatives of the International Committee of the Red Cross (ICRC), as 

well as an extraordinary visit by a team from the UNHRC. ICRC observers were allowed to visit 

prisoners in Cuban jails and, through consultations with the authorities, to seek to insure adherence to 

international norms. Another ICRC inspection is now being planned for early 1989. 

The extraordinary September 1988 visit to Cuba by the UNHRC's `Cuba Working Group' took place 

after President Castro earlier that year extended an invitation to the UNHRC to send observers. Despite 

promises, Cuban authorities dragged their feet on making advance public announcements regarding the 

group's intended visit. Following its own agenda during the 10-day trip, the six-person team held 

detailed discussions with a range of Cuban officials and was able to meet with nearly 90 of the 1,500 

private individuals who sought to bring human rights complaints to the group's attention. Cuban 

authorities sought to discourage contact between the group and private citizens through police 

intimidation around the group's hotel but gave assurances that no punitive measures would be taken 

against those who did appear before the delegation. 

NEW REPRESSION

Despite these assurances, there have been credible reports of repressive measures directed against 

human rights activists in Cuba following the working group's visit. About 30 activists, many of whom 

were seeking to exercise freedom of speech or peaceful assembly, have been subjected to punitive 

actions ranging from harassment and beatings to detentions and imprisonment: 

Gustavo Venta, Lazaro Linares, Francisco Benitez Ferrer, and Alejandro Benitez Ferrer were arrested in 

conjunction with the September 20, 1988, demonstration outside the Hotel Comodoro during the Cuba 

Working Group's visit. All were sentenced to 3-6 months in prison. Venta was reportedly beaten on 

September 22, 1988, by state security agents after his arrest. 

Pablo Pupo Sanchez and Juan Garcia Cruz--the President and Vice President of the Free Art Association 

(APAL) who testified before the Cuba Working Group--were arrested on October 18, 1988, at a meeting 

in a private home and are reportedly being held in the Villa Marista detention center. 

APAL members Armando Araya Garcia, Rita Fleitas Fernandez, Octavio Garcia Alderete, Secundino 

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Hernandez Castro, David Hornedo Garcia, and Aida Valdes Santana were arrested on October 20, 1988, 

during a peaceful wreathlaying ceremony at the Jose Marti momument in Havana. They were charged 

with disorderly conduct for inciting riots and received sentences ranging from 7 to 12 months in prison. 

Tania Diaz Castro, Secretary General of the Cuban Human Rights Party, was involved in a November 

29, 1988, altercation with prison guards at Combinado del Este prison, reportedly beaten and sentenced 

hours later on the same day to 1 year in prison on charges of disturbing the peace. 

CUBA TODAY

These developments bear out critics' charges that the improvements noted above do not indicate any 

basic change in the fundamental repressive nature of the Cuban system under Fidel Castro. Cuban 

authorities could negate recent gains, particularly if international pressure for continued improvements 

should slacken. 

One-Party System. The Communist Party is the only party permitted by law in Cuba. Its leadership 

completely controls the political process. 

Freedom of Assembly or Association. Cuba's consititution contains no guarantees of freedom of 

assembly or association. The government determines the legality of associations and has not acted on 

letters applying for recognition from the Cuban Human Rights Committee and the Cuban Commission 

for Human Rights and National Reconciliation. Membership in party-controlled mass organizations, 

such as the Union of Communist Youth, is almost a necessity. 

Right to Privacy. The Cuban State monitors private citizens' activities through an elaborate system of 

informers, block wardens, and 80,000 block committees called `Committees for the Defense of the 

Revolution.' Telephones are tapped, and mail is opened. 

Freedom to Travel or Emigrate. Internal travel is not restricted, but government permission to travel 

abroad is required. Attempting to leave the country illegally can result in fines or jail sentences of up to 

3 years. Emigration is strictly controlled and even those who apply to emigrate often are dismissed from 

work, evicted from their housing, and denied access to consumer goods. 

Freedom of Speech. No criticism of the party or its leadership is permitted. Those who do dissent may 

be severely punished. Andres Jose Solares Teseiro was arrested in 1981 on grounds that he was thinking 

of organizing a political party and had drafted letters about this to foreigners asking for their opinions. 

Solares was convicted of `enemy propaganda' and sentenced to 8 years imprisonment, even though the 

letters were never sent. 

Freedom of the Press. Media are controlled by the state, owned by the government or party-controlled 

organizations, and operate strictly according to party guidelines. Writers must have government 

approval and support for their work. Acceptance of a manuscript is based on the political background of 

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the author as well as suitability of contents. 

Academic Freedom. Education is the exclusive prerogative of the state. There is no alternative to 

government-run schools; religious or private schools and universities are prohibited. The state school 

system follows and preaches the guidelines of Marxism-Leninism, as interpreted by the party. 

Artistic Freedom. Art is completely under government control. In February 1988, authorities confiscated 

the paintings of Raul Montesino, an independent artist not affiliated with state-controlled artists' 

cooperatives. 

Freedom to Worship. Although the constitution guarantees the right to religious belief, Cubans who 

practice their religion face serious discrimination and, in the case of Jehovah's Witnesses and some other 

fundamentalist religions, legal penalties. Churchgoers are excluded from Community Party membership 

and thus are barred from holding high-level positions in the government and most professions. Churchstate relations are directly controlled by the party. In 1988, Cuban authorities made limited concessions 

to religious denominations, such as permitting the Catholic Church to purchase a printing press and 

Protestant churches to import bibles. 

Political Killings and Executions. In the early years of the revolution, summary execution of opponents 

was a frequent practice. As late as 1982, 29 people were executed for `plotting against Castro.' Although 

the death penalty remains an optional punishment for `crimes against the state,' no credible reports of 

political executions have been received in the past year. 

Arbitrary Arrest and Detention. Under Article 61 of the constitution, the state may arrest anyone it 

considers harmful to the `decision of the Cuban people to build socialism and communism.' Arrests can 

be made secretly and without warrants. Arrest frequently is followed by detention in the offices of the 

security forces, who often conduct lengthy interrogations without an attorney present. Preventive 

detention may take the form of house arrest, imprisonment, or involuntary psychiatric treatment. There 

are numerous credible reports of detainees held for long periods, frequently incommuniacado, and 

without judicial hearings or information as to the charges against them, in direct violation of Cuban law. 

Elizardo Sanchez, head of the unofficial Cuban Commission for Human Rights and National 

Reconciliation, was held without charges for 5 months in 1986-87, after he gave an interview to foreign 

journalists. 

Fair Trial. Cuban courts in practice are totally subordinate to the Communist Party. Five-member panels 

of judges preside over all civil courts. Of these judges, three are professionally qualified; the other two 

are `worker's representatives' charged to see that the `interests of the revolution' are protected. Political 

trials, usually held in secret, tyically take less than 1 day, even in cases where long prison terms are at 

stake. 

Adequate Defense. Government-appointed attorneys are available to all defendants. However, these 

defenders--government officials--are often ill prepared and unsympathetic toward the defendant. In 

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addition, defense attorneys frequently are not informed of the trial until the day it begins. Attorneys have 

been themselves imprisoned for defending persons charged with political offences. Cuban rules of 

evidence do not meet international standards. 

Prison Conditions. Numerous reports characterize the Cuban prison system as harsh, with generally 

inadequate diet, housing, sanitary facilities, and medical care. General prison conditions, including cell 

conditions and food, have improved over the past year, but it remains to be seen if these are permanent 

changes. Harsh punishment cells--although somewhat improved in 1988 to prepare for international 

visitors--continue to exist. No formal, effective mechanism exists for the protection of prisoners' rights/ 

Physical abuse is common, and credible reports of use of torture in the past exist. 

Access to Prisons. Until late 1987, the Cuban Government refused permission for international human 

rights organizations to visit Cuban prisons. The 1988 visits of the ICRC and others are described above. 

When foreign delegations visit Cuban prisons, prisoners have testified that the visits are carefully 

organized to show the positive aspects of Cuban prisons--areas that have been cleaned, cell blocks that 

have been painted, etc. Once the visitors leave, they say, conditions return to their previous state. 

Relatives and friends of prisoners are given only limited access to prisoners. 

Political Prisoners. Amnesty International's 1988 report notes that political prisoners in Cuba continue to 

be held for long periods in `prison conditions amounting to inhuman or degrading treatment.' Former 

political prisoners describe systematic forms of abuse: beatings by prison officials; inadequate diet; 

denial of medical care, fresh air, and exercise; denial of family visits and mail, sometimes for years; and 

extended periods of solitary confinement or incarceration in inhumane punishment cells. There are 

persistent reports of political prisoners sent to psychiatric facilities instead of prisons. 

There are no precise figures on the number of political prisoners in Cuba, or on Cuba's prison population 

as a whole. Amensty International's report for 1987 estimated some 300-400 political prisoners in Cuba 

at that time, of whom 69 were plantados historicos. (The plantados or `steadfast ones' are prisoners, 

many of whom were arrested more than 20 eyars ago who refused to accept political reeducation). Other 

estimates--which include persons jailed for their religious beliefs, for trying to leave Cuba `illegally,' for 

being conscientious objectors, and for other reasons--are in the thousands. 

In 1988, President Castro--responding to petitions from the U.S. Catholic Conference and a direct 

request from Archbishop O'Connor--released some 250 political prisoners, including 65 plantados 

historicos. The Cuban Government at the end of 1988 announced it would also release the four 

remaining plantados historicos and 40 other prisoners. Released prisoners report, however, that `new 

plantados' are replacing those released. Although it is difficult to estimate their numbers, these new 

prisoners, who refuse to accept ideological reorientation, are housed in Combinado del Este prison. 

Economy. The government controls the means of production and is basically the sole employer in the 

country. 

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Rationing. National rationing began in 1962, and rationing of meat and fresh vegetables continues today. 

Added to the food shortage is, for the average citizen, the scarcity of consumer goods and the very low 

average per capita income. A standard pair of shoes, for example, can cost about 90% of an average 

monthly wage. Due to shortages of consumer goods, most Cubans must spend many weary hours 

standing in lines when they can afford to buy such items. 

Health Care. Although the Cuban Government claims to have made significant advances in health care 

since the revolution, problems still remain. Unavailability of drugs, overcrowding, and unsanitary 

conditions are typical at many Cuban hospitals. A confidential 1987 report by the Communist Party, 

based on a public opinion survey in Holguin Province, details the poor state of health care and concludes 

that `the people are not satisfied with the medical care.' 

Housing: Housing, another area in which President Castro has claimed great strides, also remains 

deficient. Out of 10 million people, nearly one-quarter reportedly live in substandard housing. 

The New Elite. In Cuba, contrary to Marxist theory, ownership of the means of production does not 

mean that the upper class of privileged elites has been eliminated. On the contrary: since the revolution a 

new class structure has evolved. The political and military leadership lives very comfortably, with 

access to automobiles, luxury goods, better housing, and special resorts, while the majority of Cubans 

must cope with severe scarcity and poor quality of housing, food items, and basic consumer products. 

Rights of Business. For ideological reasons, a `private sector' economy is virtually nonexistent. 

Collectivization has eliminated almost all private farming from the economy. The 1968 `revolutionary 

offensive' nationalized 56,000 small food and handicrafts shops, repair shops, and even street stands. 

The Right of Labor. The Cuban constitution places `the demands of the economy and society' over 

individual choice in employment. The party exercises absolute control of organized labor through the 

umbrella `Confederation of Cuban Workers.' The right to strike is prohibited and punishable by 

imprisonment. Collective bargaining does not exist. Workers cannot change jobs without permission 

from the Minister of Labor. Independent unions are prohibited, and, in the past, workers who have tried 

to organize independent unions have been sentenced to long prison terms. 

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CONCLUSION

The Cuban revolution celebrated its 30th anniversary in January 1989. As described above, the 

revolution has failed to guarantee basic civil and political rights to the Cuban people or to provide for 

their economic and social well-being. Recent welcome improvements in human rights observance have 

come about because of international pressure. The Castro regime continues to exercise broad represssion 

and to deny political and civil liberties. Cuban authorities' recent actions against the Cuban human rights 

community is clear evidence that Fidel Castro will not tolerate an independent voice or any form of 

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public criticism to exist within Cuba. Given Cuba's current human rights situation, the sole recourse of 

the international community must be a continuation of close scrutiny of the Cuban Government's human 

rights practices. Inside Cuba, Fidel Castro and the Communist Party are the law, but the rest of the world 

can and must continue to watch closely and judge Cuban authorities' behavior on behalf of the people of 

Cuba who have no such opportunity.

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END

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