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ILAAD

CUBA: ARBITRARY DETENTION OF HUMAN RIGHTS DEFENDER YANDIER GARCÍA LABRADA

The International League Against Arbitrary Detention urges the Government of Cuba to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 68/2023 concerning Mr. Yandier García Labrada. The Working Group called for his immediate and unconditional release and for the Cuban Government to provide him with an enforceable right to compensation and other reparations, in accordance with international law.


Read the full WGAD Opinion concerning Yandier García Labrada (Cuba): Opinion No. 68/2023.


HUMAN RIGHTS DEFENDER ARRESTED FOR PEACEFUL ACTIVISM


Yandier García Labrada is a Cuban national residing in Manatí, Las Tunas. He was 35 years old at the time of his arrest. Mr. García Labrada is a member of the 'Movimiento Cristiano Liberación' (or 'Christian Liberation Movement'), a civil society organization that advocates for democratic reforms and the protection of human rights in Cuba. Its members - including Mr. García Labrada - have often been targeted by the authorities, such as through arbitrary detentions of a few hours.


On October 6, 2020, while waiting in line to obtain essential food supplies for himself and a family member, Mr. García Labrada was involved in a verbal confrontation with a security guard at a local supermarket. The confrontation arose when Mr. García Labrada publicly criticized the mismanagement and irregularities in the distribution of essential goods, a sentiment that resonated with others in the vicinity. This led to a spontaneous public outcry, following which the police was called.


When police officers arrived at the supermarket, they violently arrested Mr. García Labrada and three other individuals who had joined the protest. While the other detainees were released later that same day, it was not the case of Mr. García Labrada who was then held incommunicado for approximately 1 month. During his subsequent pre-trial detention, pressures were exercised on some of his relatives who were protesting against his detention for them to stop doing this.


On 23 June 2021, the hearing of Mr. García Labrada was held virtually. On 23 July 2021, he was informed that he had been sentenced to 5 years in prison for the crimes of contempt of court, attacking authority, and spreading epidemics. Mr. García Labrada tried to appeal this decision, but it was denied. In January 2022, he was transferred from the provincial prison located in Las Tunas to the maximum security prison known as “La Carbonera” in the city of Colombia.


The Government of Cuba was given he opportunity to answer these allegations, which it did on 2 September 2022.


ARRESTED WITHOUT A WARRANT AND HELD INCOMMUNICADO BASED ON VAGUE CHARGES


According to information provided by the source, Mr. García Labrada was arrested without a warrant and was not informed of the charges against him at the time of his arrest. It was only eight months later, during his first court hearing that Mr. García Labrada learned the charges he was accused of. The Government of Cuba denied these allegations, explaining that Mr. García Labrada was arrested on 1 September 2020, for the alleged theft and illegal slaughter of cattle, crimes that carry significant penalties under Cuban law. The Government further claimed that he was detained with a warrant and that all legal procedures were followed.


However, the Working Group found the Government's response insufficient and lacking in specificity, particularly regarding the existence and presentation of an arrest warrant. On the other hand, the Working Group noted the detailed narrative provided by the source, which included credible reports from witnesses and family members who attested to Mr. García Labrada’s whereabouts and activities on the dates in question. As such, the Working Group considered Mr. García Labrada was arrested as described by the source, thus in violation with his rights to be presented with an arrest warrant and informed of the reasons of his arrest, guaranteed by articles 3 and 9 of the Universal Declaration of Human Rights.


Besides, following his arrest on 6 October 2020, Mr. García Labrada was brought before a judge for the first time during his hearing on 23 June 2021. During this time, that is to say 8 months, he was held in pre-trial detention. Considering this, the Working Group found that Mr. García Labrada's right to be brought promptly before a judge to be able to challenge the legality of his detention, as guaranteed by articles 3, 8 and 9 of the Universal Declaration of Human Rights, had been violated. In addition, the Working Group found that the Cuban authorities did not respect the exceptional character of pre-trial detention, nor its need to be based on an individualised determination, and found the amount of time Mr. García Labrada spent in pre-trial detention excessive. Hence, it established this situation had been in violation of article 10 of the Universal Declaration of Human Rights.


In light of the above, the Working Group found that Mr. García Labrada's arrest and detention lacked a legal basis, rendering it arbitrary under category I.


DETAINED FOR EXERCISING THE RIGHTS TO SEVERAL FUNDAMENTAL FREEDOM


The source argued that Mr. García Labrada’s detention was directly linked to his peaceful activism as part of the 'Movimiento Cristiano Liberación'. Notably, the source recalled that since the beginning of his membership to this organisation, Mr. García Labrada had been targeted by the authorities - intimidated, threatened and detained for several hours. The Government did not deny any of these allegations specifically, but stated that his detention had nothing to do with his membership to this organisation - which however was not recognised as a legitimate civil society organisation in Cuba.


Recalling a similar case it had examined in the past, as well as the call of different UN Special Procedures Mandate Holders to the Cuban Government for the release of Mr. García Labrada, the Working Group considered that his arrest was political. Specifically, that he had been arrested for having exercised his rights to freedom of thought, conscience and religion, to freedom of opinion and expression, and to freedom of association and peaceful assembly, in violation of articles 18, 19 and 20 of the Universal Declaration of Human Rights.


The Working Group thus determined that Mr. García Labrada’s detention was arbitrary under Category II, as it was directly linked to the legitimate exercise of his fundamental human rights.


DENIED PROPER ACCESS TO LEGAL COUNSEL AND SUBJECTED TO TORTURE AND ILL-TREATMENT


According to the source, following his arrest Mr. García Labrada was denied access to legal counsel for the first two months of his detention. The Government denied this, stating he had access to legal counsel from 14 September 2020 onwards. The Working Group noted that, in both the Government and source's versions of his arrest, Mr. García Labrada remained without the necessary legal assistance at the outset of his detention, either for two weeks - according to the Government's version - or for two months - according to the source's version. As such, the Working Group found violations of article 10 and 11(1) of the Universal Declaration of Human Rights, since the principle of equality of arms was not respected, in violation of his right to a fair trial, and his right to have adequate and sufficient time and facilities to prepare his defence was not respected either.


Moreover, if the Government denied that Mr. García Labrada was held incommunicado, it did not deny the allegations of the source according to which he would have been subjected to torture and ill-treatment. Specifically, the source noted that during a family visit on 3 November 2020, Mr. García Labrada had bruises on several parts of his body to the point he could not even move his left arm, and that despite this condition, as well as his asthma, he had not received any medical care. The Government only stated in general terms that it had respected the right to medical care of prisoners. In this light, the Working Group reminded that torture was not only a human-right violation per se, but was also undermining the ability of individuals to defend themselves, notably hindering the right to be presumed innocent as set out in article 11 of the Universal Declaration of Human Rights, as it did in this case. Considering the seriousness of the source's allegations, the Working Group referred this case to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.


In light of these findings, the Working Group concluded that the violations of Mr. García Labrada’s rights to a fair trial were of such gravity as to render his detention arbitrary under Category III.


DISCRIMINATED AGAINST FOR HIS POLITICAL ACTIVISM


The source claimed that Mr. García Labrada’s detention was due to his political opinions, including his critics of the Government. The Working Group noted that, as above-mentioned, his detention from 6 October 2020 onwards was not the first time Mr. García Labrada was being targeted by the authorities as a result of his links with the 'Movimiento Cristiano Liberación'. It also recalled a previous instance in which it had examined the alleged arbitrary detention of another member of this organisation.


Considering the above, the Working Group considered that Mr. García Labrada was detained on a discriminatory basis, namely for his status as an activist of a political movement critic of the Cuban Government, in violation of articles 2 and 7 of the Universal Declaration of Human Rights, which guarantee the rights to equality before the law and protection against discrimination.


Therefore, the Working Group determined that Mr. García Labrada’s detention was arbitrary under category V, as based on discriminatory grounds.


CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION


In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Yandier García Labrada was arbitrary and fell under Categories I, II, III, and V, as it contravened articles 2, 3, 7, 8, 9, 10, 11, 18, 19, and 20 of the Universal Declaration of Human Rights.


The Working Group recommended that the Government of Cuba take the necessary steps to remedy the situation of Mr. Yandier García Labrada without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.


Moreover, the Working Group requested the Government of Cuba to align its legal framework, particularly laws related to public order and state security, with international human rights standards to prevent the recurrence of such arbitrary detentions.


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