CUBA: ARBITRARY DETENTION OF TWO PROTESTER BROTHERS

The International League Against Arbitrary Detention urges the Government of Cuba to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 66/2024 concerning Jorge Martín Perdomo and Nadir Martín Perdomo, asking the Government of Cuba to immediately and unconditionally release Jorge Martín Perdomo and Nadir Martín Perdomo and to accord them an enforceable right to compensation and other reparations in accordance with international law.

Read the full Working Group on Arbitrary Detention Opinion concerning Jorge Martín Perdomo and Nadir Martín Perdomo (Cuba): Opinion No. 66/2024.

ARREST AND DETENTION OF TWO CUBAN BROTHERS 

Jorge Martín Perdomo, born in 1983, and Nadir Martín Perdomo, born in 1984, are Cuban nationals and brothers residing in San José de las Lajas, Mayabeque Province, Cuba.

They were arrested on 17 July 2021, following their participation in the peaceful demonstrations of 11 July 2021. Both were placed under surveillance, which led to the delivery of a summons at their home on 17 July 2021. Although they went voluntarily to the local police station after being summoned for an alleged interview, they were detained without a warrant or explanation. Messrs. Martín Perdomo were accused of “public disorder,” later joined by charges of “assault” and “contempt of authority.” They were held incommunicado for several weeks, denied access to counsel and family contact, and transferred several times. 

On 8 February 2022, the Criminal Chamber of the People’s Municipal Court of San José de las Lajas sentenced them to six years in prison after a trial lacking basic fair trial guarantees. The appeal was eventually rejected.

The Government of Cuba submitted a late response to the Working Group on 5 August 2024.

ARRESTED WITHOUT WARRANT AND DEPRIVED OF JUDICIAL REVIEW

According to the source, Jorge and Nadir Martín Perdomo were arrested on 17 July 2021, after participating in peaceful demonstrations. They were summoned without any indicated reasons to the local police station under the false pretext of an interview and detained without being presented with an arrest warrant or informed of the reasons for their arrest. The Government of Cuba later alleged that both of them had participated in violent acts, but provided no evidence to support this claim. The Working Group found that Messrs. Martín Perdomo’s arrest and detention lacked any legal basis, as they were not apprehended in flagrante delicto. The absence of judicial review violated articles 3 and 9 of the Universal Declaration of Human Rights.

Moreover, the brothers were not promptly presented to a judge, pointed out the source, as it took place in February 2022, well after the 48-hour limit. On this basis, the Working Group found a violation of their right to judicial oversight, protected by article 9 of the Universal Declaration of Human Rights.

The source also stated that their pre-trial detention was part of a largely applied informal measure against protesters, without any personal assessments. The Working Group reminded that pre-trial detention must be the exception and ordered by judges for a contestation of the measure to be possible. However, the Working Group had not found that those criteria were respected and declared that they were subjected to pretrial detention in the absence of an individualized judicial assessment.

Therefore, considering all the above, the Working Group found that Messrs. Martín Perdomo's arrest and detention lacked a legal basis, rendering their deprivation of liberty arbitrary under category I.

DETAINED FOR EXERCISING THE RIGHT TO FREEDOM OF EXPRESSION AND PEACEFUL ASSEMBLY

The source indicated that Messrs. Martín Perdomo’s detentions were directly linked to their participation in the 11 July 2021 demonstrations, where they peacefully expressed political opinions critical of the Government. The Government, in its late answer, claimed that the protests were violent. The Working Group reiterated that restrictions on peaceful assembly and expression must comply with international human rights standards, as urged in Resolution 12/16 of the Human Rights Council. It also stated that the freedom of opinion is so important that no Government may impair other human rights on the basis of a person’s actual or perceived opinions, whether of a political, scientific, historical, moral, religious or any other nature. The Working Group also reminded that he charges of assault, contempt for authority and public disorder have previously been determined excessively vague and overly broad. Thus, the Working Group found that their rights to express dissenting political views and join peaceful protests, protected under articles 19 and 20 of the Universal Declaration of Human Rights, were violated. 

The Working Group on Arbitrary Detention concluded that the deprivation of liberty of Messrs. Martín Perdomo classified the case as arbitrary under category II.

DENIED FAIR TRIAL GUARANTEES AND LEGAL COUNSEL

The source stated that the pretrial detention of Jorge and Nadir Martín Perdomo was ordered by a prosecutor rather than a judge. The Working Group recalled that in the field of criminal law, the right to defence must be guaranteed at all stages of the process, implying a separation between the authority conducting the investigation and the authorities in charge of the detention and ruling on the conditions of the pretrial detention. Due to the lack of separation of powers, the Working Group found a violation of articles 10 and 11 of the Universal Declaration of Human Rights.

Additionally, Messrs. Martín Perdomo were held incommunicado for more than two months after their arrest, denied access to counsel and family contact. The Working Group noted that, nonetheless, a public health emergency can not prevent communication between a detainee and his legal counsel. The Working Group recalled that the right to fair trial is one of the pillars of international law and should not be compromised. The fact that they were denied contact with legal counsel after their arrests was in breach of articles 10 and 11(1) of the Universal Declaration of Human Rights.

Considering all the above, the Working Group stated that the detentions of Messrs. Martín Perdomo were arbitrary under category III.

DETAINED ON DISCRIMINATORY GROUNDS FOR POLITICAL OPINIONS

Messrs. Martín Perdomo’s political opinions were at the centre of their cases. The deprivation of liberty is recalled to serve to establish the discriminatory nature of the detention. The Working Group on Arbitrary Detention noted that Jorge and Nadir Martín Perdomo were targeted because of their political opinions and peaceful opposition, in a context of discontent towards the Government. It noted in particular the use of terms such as “disturbed street performers” to label the demonstrators, revealing a discriminatory intent. Consequently, the Working Group determined that their detention violated the right to equality and non-discrimination under articles 2 and 7 of the Universal Declaration of Human Rights. 

Therefore, the Working Group stated that the detentions of Messrs. Martín Perdomo were arbitrary under category V. 

CONCLUSION 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  Jorge Martín Perdomo and Nadir Martín Perdomo was arbitrary and fell under categories I, II, III, and V because their deprivation of liberty was in contravention of articles 1, 2, 3, 6, 7, 8, 9, 10, 11, 19 and 20 of the Universal Declaration of Human Rights.

The Working Group recommended that the Government of Cuba take the steps necessary to remedy the situation of Jorge Martín Perdomo and Nadir Martín Perdomo without delay and bring it into conformity with relevant international norms, including those outlined in the Universal Declaration of Human Rights. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release them immediately and accord them an enforceable right to compensation and other forms of reparation, in accordance with international law. 

Furthermore, the Working Group urged the Government to conduct a thorough and independent investigation into  Jorge Martín Perdomo and Nadir Martín Perdomo’s arbitrary detention and take appropriate measures against those responsible for violating their rights.