The Need For The Cuban Government To Liberate The Peaceful Political
Prisoners

Honorable Representatives of the Member States of

the Human Rights Council of the United Nations:

Considering:

That many citizens in Cuba have been imprisoned and condemned for political motives without having prepared or committed violent actions and that, in addition in the last two years, imprisonments have been carried out for the same motives against individuals who as of today have yet to receive trial.

That these peaceful political prisoners have been imprisoned on different charges of having violated a number of Cuban laws when in actuality their words and actions have been limited to the exercise and defense of fundamental rights enshrined in the Universal Declaration of Human Rights of the United Nations.

That these peaceful political prisoners, many of them already declared "prisoners of conscience" by Amnesty International, were detained arbitrarily and in breach of the stipulations in articles 19, 20 and 21 of the Universal Declaration of Human Rights as is recognized by the Working Group on Arbitrary Detentions in the Opinion No. 9/2003.

That Law 88 or the Law of Protection of the National Integrity and Independence of Cuba contradicts some of the rights enshrined in the Universal Declaration of Human Rights, specifically those that recognize the right to exercise freedoms of expression, demonstration, assembly, and association.

That Law 88 as well as article 91 of the existing Penal Code in Cuba were used to accuse many of the peaceful political prisoners, even though these individuals, with their actions and words, by no means violated what is established in Law 88 and in article 91 of the existing Penal Code in Cuba.

That the actions of all the peaceful citizens- who without committing violent actions against persons or goods, have been sentenced or detained indefinitely for political motives- consisted of promoting and defending Human Rights recognized in the Universal Declaration of Human Rights, the International Treaty on Civil and Political Rights, the Treaty on Economic, Social and Cultural Rights, and in the Declaration of the UN General Assembly on the Right and Responsibility of individuals, groups and institutions to promote and protect human rights and universally recognized fundamental rights (A/Res/53/144).

That many of these Cuban citizens were promoting Human Rights through the promotion of the Varela Project, which is a civic petition based upon articles 1, 3, 9, 41, 42, 43, 53, 54, 63, 75.t) and u), 88.g), 131, 132, 133, 134, 135 and 136 of the Constitution of the Cuban Republic. In the Varela Project we ask for a referendum so that the people can decide on changes to the laws so that they guarantee freedom of expression, association, the press and economic freedom for all Cubans, on an amnesty for the political prisoners who have not committed violent actions and on a reform of the Electoral Law and the establishment of democratic General Elections, on the basis of the rights enshrined in the Cuban Constitution itself.

That the health of almost the totality of the political prisoners has been seriously affected by inhumane and degrading conditions which they are subjected to, characterized by overcrowding and in some cases lack of communication in small cells, ill nourishment, deficient medical attention, perilous hygienic conditions and frequent harassment which they are subjected to by the prison authorities and also in many case by the common prisoners with whom they have been unfairly confined.

That respecting the sovereignty and self-determination of the Cuban people, as it is solely up to them to define democratically and without interference or foreign interventions and with the participation of all citizens, without exclusions, their model for the integral development of their society, the international community can and must cooperate with the state and the Cuban people for their progress in the field of human rights and national reconciliation.

That Christine Chanet, Personal Representative of the United Nations High Commissioner for Human Rights, in her report (E/CN.4/2006/33) presented before the sixty-second session of the Human Rights Commission, recommends to the Cuban government that: "it set free the arrested individuals who have not committed any violence against persons or goods."

That the signatory states to the Universal Declaration of Human Rights have promised to assure, in cooperation with the United Nations, universal respect for the fundamental rights and freedoms of man and that this is in an important way a mission of the Human Rights Council.

Bearing in mind what was previously demonstrated we request to the Human Rights Council of the United Nations and the States Members that they:

1- Promote and approve a resolution that expressly and directly asks that the Cuban government:

a) Proceed with the immediate and unconditional liberation of all those imprisoned for political motives that have not prepared or committed violent acts against persons or goods;

b) Cease any and all harassment, detention, processing, and imprisonment against citizens for promoting, defending and exercising the fundamental rights enshrined in the Universal Declaration of Human Rights.