NEW PRISONER OF CONSCIENCE ON HUNGER STRIKE - IVÁN FERNÁNDEZ DEPESTRE

CUBA: NEW PRISONER OF CONSCIENCE ON HUNGER STRIKE: IVÁN FERNÁNDEZ DEPESTRE
UA: 240/13 Index: AMR 25/008/2013 Cuba Date: 11 September 2013
URGENT ACTION

NEW prisoner of conscience on hunger strike
Cuban activist Iván Fernández Depestre was arrested on 30 July during a
peaceful march, and has been on hunger strike since. He was sentenced on
2 August to three years imprisonment on politically motivated charges.
Amnesty International considers him a prisoner of conscience, detained
solely for peacefully exercising his right to freedom of expression.
On 30 July Iván Fernández Depestre, who is a member of dissident groups,
and five other activists peacefully demonstrated in Placetas, in the
central province of Villa Clara to commemorate the anniversary of the
death of Cuban national hero Frank País, when they were arrested by
officials from the Department of State Security. All were subsequently
released except for Iván Fernández Depestre, who was charged with
"dangerousness" (peligrosidad), a pre-emptive measure defined as the
"special proclivity of a person to commit crimes". Behaviour such as
drunkenness, drug-addiction and "antisocial behaviour" is criminalized
under this provision, which is often used as a pretext to imprison
political dissidents, independent journalists and government critics.
A summary trial was held on 2 August at the Municipal Court of Placetas
in Villa Clara province. Iván Fernández Depestre was sentenced to three
years imprisonment. According to information received by Amnesty
International he had no legal representation during the trial. Iván
Fernández Depestre has been on hunger strike since being detained. On 26
August he was hospitalized for a day at the Arnaldo Milián hospital and
then sent to the infirmary of the Guamajal prison in Santa Clara where
he has been imprisoned since his conviction.
Iván Fernández Depestre was arrested and imprisoned solely due to his
being a member of dissident groups and for peacefully demonstrating and
expressing his political opinion. Amnesty International therefore
considers him a prisoner of conscience.
Please write immediately in Spanish or your own language:
Calling on the authorities to release Iván Fernández Depestre
immediately and unconditionally, as he is a prisoner of conscience,
detained solely for peacefully exercising his right to freedom of
expression;
Urging them to eliminate from the Criminal Code provisions regarding
"dangerousness" and reform or repeal all legal provisions which
unlawfully limit the rights to freedom of expression, assembly and
association, and bring them in line with international law and standards;
Calling on them to ensure he is granted adequate access to qualified
health professionals and to refrain from taking any punitive measures
against him or any other prisoners for undertaking hunger strikes.

PLEASE SEND APPEALS BEFORE 23 OCTOBER 2013 TO:

Head of State and Government
Raúl Castro Ruz
Presidente de la República de Cuba
La Habana, Cuba
Fax: +41 22 758 9431 (Cuba office in Geneva); +1 212 779 1697 (via Cuban
Mission to UN)
Email: cuba@un.int HYPERLINK "mailto:cuba@un.int" (c/o Cuban Mission to UN)
Salutation: Your Excellency
Attorney General
Dr. Darío Delgado Cura
Fiscal General de la República,
Fiscalía General de la República,
Amistad 552, e/Monte y Estrella,
Centro Habana,
La Habana, Cuba
Salutation: Dear Attorney General
And copies to:
Interior Minister
General Abelardo Colomé Ibarra
Ministro del Interior y Prisiones
Ministerio del Interior,
Plaza de la Revolución,
La Habana, Cuba
Fax: +1 212 779 1697 (via Cuban Mission to UN)
Email: correominint@mn.mn.co.cu

Salutation: Your Excellency
Also send copies to diplomatic representatives accredited to your country.
Please check with your section office if sending appeals after the above
date.

URGENT ACTION
new prisoner of conscience on hunger strike
ADDITIONAL INFORMATION

Article 72 of the Cuban Criminal Code, "The Dangerous State", reads:
"The dangerous state is considered to be the special proclivity of a
person to commit crimes as demonstrated by behaviour that manifestly
contradicts the norms of socialist morals." (Se considera estado
peligroso la especial proclividad en que se halla una persona para
cometer delitos, demostrada por la conducta que observa en contradicción
manifiesta con las normas de la moral socialista).
Iván Fernández Depestre was sentenced to "security measures for those
deemed to be likely to commit a crime in the future" (medidas de
seguridad predelictivas). According to the certificate of his sentence
he was accused of "meeting with antisocial persons" ("por reunirse con
personas antisociales"). Articles 78 to 84 of the Criminal Code describe
the types of measure that can be taken, which include re-educative
measures lasting from between one and four years. The person is to be
interned in a "specialized work or study establishment" (un
establecimiento especializado de trabajo o de estudio) or sent to "a
work collective" (colectivo de trabajo). There is no mention of
imprisonment.
Article 75 of the Criminal Code states that an "Official Warning"
(Advertencia Oficial) will be given by the relevant police authority, to
prevent those concerned from carrying out socially dangerous or criminal
activities (será objeto de advertencia por la autoridad policíaca
competente, en prevención de que incurre en actividades socialmente
peligrosas o delictivas). The warning is to be issued as a legal
document (acta) expressly stating the reasons for it, as well as what
the person concerned has to say about it, and must be signed by both
parties. According to information received by Amnesty International it
is unclear whether he ever received any warning from the authorities,
written or oral.
Iván Fernández Depestre belongs to various dissent organisations,
unrecognised under Cuban legislation, including the Movimiento Opositor
Juventud Despierta (Opposition Movement Awake Youth), Coalición Central
Opositora (Central Opposition Coalition) and Frente Nacional de
Resistencia Cívica y Desobediencia Civil Orlando Zapata (National Front
for Civic Resistance and Civil Disobedience Orlando Zapata).
Prior to the march carried out in Placetas on 30 July, Iván Fernández
Depestre took part in other peaceful demonstrations in Placetas in
previous weeks.
On 4 September, local activists who went to the Guamajal prison to visit
Iván Fernández Depestre were arrested, but released and returned to
their homes the same day.
Name: Iván Fernández Depestre
Gender m/f: male

UA: 240/13 Index: AMR 25/008/2013 Issue Date: 11 September 2013

Source: "Document - Cuba: New prisoner of conscience on hunger strike:
Iván Fernández Depestre | Amnesty International" -
http://amnesty.org/en/library/asset/AMR25/008/2013/en/35818db6-248b-49ad-bf39-a44785a89246/amr250082013en.html