Crime of damage to

"the independence of the Cuban State".


Repressive Laws Disrespect Illicit Association Enemy Propaganda Associating Dissemination Resistance Dangerousness Law 88 Article 91

Cuba's "criminal Law"

ARTICLE 91. The person who, in the interest of a foreign State, commits an act with the intent to cause damage to the independence of the Cuban State or the integrity of its territory, shall be punished with 10 to 20 years in prison or death.

Used for:

Víctor Rolando ARROYO CARMONA: journalist (Unión de Periodistas y Escritores de Cuba Independiente- Independent Cuban Union of Journalists and Writers - UPECI & CubaNet)& librarian (Reyes Magos Library) - 26 years (Chafarina, Guantánamo) - sentenced under Article 91. On 26 May 2003, Arroyo's wife reported that he had been moved from his special hardship cell to a bedless punishment cell for refusing to stand to attention in front of a prison guard. Arroyo reported having been taken from his cell by three prison guards on 31 December 2003 and beaten about the face and body. Honorary member: Finnish PEN

Oscar ESPINOSA CHEPE: economist and journalist (Cubanet) - 20 years (Transferred in early July 2003 from Chafarina, Guantánamo to Boniato, Santiago de Cuba). Sentenced under Articles 7 & 11 of Law 88 ("activities against the integrity and sovereignty of the State") and Article 91. 62-years-old. Reported to be suffering from a chronic kidney condition, a thoracic hernia, hypertension, weight loss and a possible liver disorder. Transferred to Guantánamo Provincial Hospital shortly after being sentenced and thence to Ambrosio Grillo Hospital in Santiago de Cuba, but reportedly not receiving adequate medical attention. Eventually returned to Boniato prison. On 7 August 2003, on becoming ill again, Espinoza was flown to the Finlay Military Hospital in Havana. *Reported in March 2004 to be suffering from cancer. Honorary Member: Netherlands PEN, Swedish PEN


Miguel GALVÁN GUTIÉRREZ: journalist (Havana Press) - 26 years (Agüica, Matanzas) - sentenced under Article 91. Sentence confirmed on 3 June 2003 by the Supreme Popular Tribunal. On or around 3 August 2003, Galván (born 1965), was reportedly threatened by the Agüica prison governor with a transfer to Guantánamo prison, over 500 miles away from his family, if he continued passing news to the outside about prison conditions. *Transferred in May 2004 to Block 10 of Agüica prison which houses prisoners considered highly dangerous, including those serving life sentences for murder. Reported that he had been transferred to this block so that the other prisoners would kill him. Also claimed that a prison guard was encouraging other prisoners to attack him physically and sexually. Reported to have a physical disability. Honorary Member: Sydney PEN

José Luis GARCÍA PANEQUE: journalist (Agencia Libertad) & librarian (Carlos J Finlay Library) - 24 years (Santa Clara Provisional Prison, Villa Clara) - sentenced under Law 88 and Article 91. Reported to have suffered from mental illness during the first year of his imprisonment.

Ricardo Severino GONZÁLEZ ALFONSO: president, Manuel Márquez Sterling Journalists Society,director of De Cuba magazine, and librarian (Jorge Mañach Library) - 20 years (Kilo 8, Camagüey) - sentenced under Article 91. Reported in November 2003 to have developed a nodule in his throat. González Alfonso (53) declared the start of a hunger strike on 8 December 2003 to back up his demand that he be transferred to a wing of his prison where he can be held with other political prisoners rather than common criminals who he claims have harassed him. On 14 December 2003, as a reprisal for his hunger strike, the prison authorities moved him to a cell where the lights are never switched off. Reportedly underwent an operation on 19 December 2003 to remove two nodules from his throat. *Reported in January 2004 not to have received a biopsy he had been previously told was necessary. Honorary member: Finnish PEN

Léster Luis GONZÁLEZ PENTÓN: journalist (Movimiento Democracia) and member of human rights movement ALFA-3 - 20 years (Kilo 7, Camagüey) - sentenced under Article 91. *Reportedly held a hunger strike with fellow prisoner Juan Carlos Herrera Acosta from 18-22 March 2004 to mark their first year in prison. Born in February 1977, he is the youngest of the 75 opposition members arrested in March 2003. Reported to have been transferred to from Kilo 8 prison, Camagüey, to Kilo 7 prison, also in Camagüey.

Alejandro GONZÁLEZ RAGA: freelance journalist - 14 years (Canaletas, Ciego de Ávila) - sentenced under Article 91.

Normando HERNÁNDEZ GONZÁLEZ: director of Colegio de Periodistas Independientes de Camagüey (Camagüey College of Independent Journalists), journalist (CubaNet) - 25 years (Kilo 5½ prison, Pinar del Río) - sentenced under Article 91 and other provisions of the Criminal Code. Born c.1970. Reported on 5 June 2003 to be suffering from very high blood pressure. Reported to have begun a hunger strike in protest at prison conditions on 31 August 2003. *Transferred from Boniato prison, Santiago de Cuba to Kilo 5½ prison, Pinar del Río. Reported to have been held in solitary confinement since beginning his sentence. Also reported in January 2004 to be suffering from high blood pressure and undiagnosed heart problems, and to have been assaulted by the prison's Security Chief, Ramón Beúne. The prison authorities have apparently denied both the attack and Hernández' illness. In a letter, a fellow prisoner claimed in January that Hernandez was in a 2m2 cell that the prison authorities had made him share with dangerous or mentally disturbed prisoners. Moved on 25 February 2004 from a punishment cell to a more standard cell. Hernández reported in March 2004 that his wife was stripped naked and interrogated by the prison authorities before being allowed to visit him. Reported in the same month to be suffering from abdominal problems. *On 7 May 2004 was transferred to Block 8, a section housing common criminals, and was beaten by prison guards for shouting anti-Castro slogans. Reportedly staged a hunger strike in protest at the move the same day as his transfer, and was sent to a punishment cell later the same month. Eventually gave up his hunger strike, presumably after coming to some agreement with the prison authorities over the cell in which he would be detained.

José Ubaldo IZQUIERDO: journalist (Grupo de Trabajo Decoro & CubaNet) - 16 years (Kilo 5½, Pinar del Río) - sentenced under Article 91. Sentence confirmed on 3 June 2003 by the Supreme Popular Tribunal. Izquierdo reportedly broke his wrist in two places and required stitches in a head wound after falling down some steps in prison whilst handcuffed. *It was reported in March 2004 that his wife was stripped naked and interrogated by the prison authorities before being allowed to visit him.

Héctor Fernando MASEDA GUTIÉRREZ: journalist (Grupo de Trabajo Decoro & CubaNet) - 20 years (Transferred at the end of April 2003 from Manacas, Villa Clara to La Pendiente, Villa Clara) - sentenced under Law 88 and Article 91.

Mario Enrique MAYO HERNÁNDEZ: lawyer, journalist (chief of Agencia Félix Varela) - 20 years (Mar Verde, Santiago de Cuba) - sentenced under Article 91. Reported to have started a 13-day hunger strike on 15 August 2003 with Adolfo Fernández Saínz and Iván Hernández Carillo to demand decent food and medicine for seriously ill prisoners. Mayo has apparently been refused medicine brought to the prison by his wife to treat his high blood pressure and haemorrhoids. Reported to have begun another hunger strike on 18 October 2003 with Adolfo Fernández Saínz in protest at the sending of fellow journalist Iván Hernández Carrillo to a punishment cell. Transferred in mid-November 2003 from Holguín prison to Mar Verde prison in Santiago de Cuba Province, reportedly to remove him from his fellow hunger strikers.

Juan Roberto de MIRANDA HERNÁNDEZ: librarian (Padre Félix Varela Library) and vice-president of the unofficial Colegio de Pedagogos de Cuba (Teachers College of Cuba) - 20 years (Agüica, Matanzas) - sentenced under Article 91. 57-years-old. Reportedly transferred briefly to a hospital for treatment for a heart problem in April 2003. Also reported to suffer from high blood pressure and a kidney complaint. *Reported in April 2004 not to be receiving adequate medical attention for his high blood pressure.

Omar PERNET HERNÁNDEZ: librarian (20 de Mayo Library, Villa Clara) and leader of the unofficial Movimiento Nacional por los Derechos Humanos "Mario Manuel de la Peña" (National Movement for Human Rights) and involved in the Proyecto Varela* - 25 years (Guanajay, Havana) - sentenced under Article 91. Born c.1945. *Reported in May 2004 to be suffering from staphylococcus in the kidneys, an inflamed bladder and high blood pressure, and to have been transferred to the prison wing of the Carlos Manuel de Céspedes hospital in Bayamo, Granma province.

Fabio PRIETO LLORENTE: freelance journalist and member of the Asemblea para la Sociedad Civil (Civil Society Assembly) - 20 years (Kilo 8, Camagüey) - sentenced under Article 91. LLorente (born 1964) was reportedly ordered to spend 21 days in solitary confinement in August 2003 for having offended a state security official. *Reported in January 2004 to be held in solitary confinement in reprisal for starting a hunger strike in protest at being held with common criminals, some of whom Prieto claimed were dangerous. Also reported to be suffering from high blood pressure. Transferred from Guanajay prison in Havana to Kilo 8, Camagüey. Honorary Member: English PEN

Alfredo PULIDO LÓPEZ: human rights activist and journalist (Agencia El Mayor) - 14 years (Combinado del Este, Havana) - sentenced under Article 91.

Raúl RIVERO CASTAÑEDA: poet, director of CubaPress, co-founder of Manuel Márquez Sterling Journalists Society, and librarian - 20 years (Canaletas, Ciego de Avila) - sentenced under Article 91. 57-years-old. Prior to his arrest on 20 March 2003, Rivero had signed, with other intellectuals, an open letter to the Cuban government calling for more openness and freedom in Cuba. For this and other alleged crimes he was charged with "acting against Cuban independence and attempting to divide Cuban territorial unity", as well as with writing "against the government", organising "subversive meetings" at his home, and collaborating with US diplomat James Cason. It was reported on 22 May 2003 that Rivero was being held in darkness in a cell measuring three square metres. Awards: PEN USA West Freedom To Write Award 2003; 2004 UNESCO/Guillermo Cano World Press Freedom Prize. Reported in August 2003 to be suffering from circulatory problems and severe weight loss. Honorary Member: Finnish, Canadian, American, English and USA West PEN

Omar RODRÍGUEZ SALUDES: director of Nueva Prensa Cubana - 27 years (Nieves Morejón, nr Cabaiguán, Sancti Spíritus) - sentenced under Article 91. Reported in December 2003 to have been transferred from Kilo 8 prison in Camagüey to Nieves Morejón. Honorary member: Finnish PEN

Marta Beatriz ROQUE CABELLO (f): author and economist - 20 years (Manto Negro, Havana) - sentenced under Article 91. Arrested while on hunger strike in support of people she considered political prisoners. Suffers from rheumatism. It was reported on 9 June 2003 that she had lost 30 lbs (13 kilos) in weight due to health problems including vomiting and diarrhoea. Has previously served time for her writing. She was released in May 2000 after serving three years of a four-year sentence for her co-authorship of a document which urged the Cuban government to hold democratic elections, liberalise the economy and improve human rights. Roque was transferred to a hospital on 23 July 2003 suffering from chest pains and nose bleeds brought on by high blood pressure. She was diagnosed as diabetic in August 2003. Reported still to be in hospital in November 2003 suffering from a variety of ailments. *In February 2004, Roque (58) wrote a letter complaining that she was not receiving adequate medical attention in the Carlos J. Finlay military hospital, and that she was in pain due to an untreated bacterial complaint. Reported in April to be refusing medical attention in protest at televised claims by government minister Felipe Pérez Roque that she was in good health and had been receiving marvellous medical care. Honorary Member: Finnish, Canadian and English PEN

Omar Moisés RUÍZ HERNÁNDEZ: journalist (Grupo de Trabajo Decoro & CubaNet) - 18 years (Guantánamo) - sentenced under Article 91. Reported in August 2003 to have been transferred to a solitary confinement cell. In September 2003, hospital doctors stated that Ruiz was not suffering from prostate inflamation, despite the fact that a urologist had previously declared that he was. *Transferred from Boniato prison, Santiago de Cuba, to Guantánamo Provinicial prison. Date of transfer unknown. No longer in a punishment cell but is detained alongside common criminals. Honorary Member: Swedish PEN

Source: http://www.pen.org/freedom/cubacases.htm

Alejandro González Raga
Arrested: March 18, 2003
González Raga, is an independent freelance journalist based in central Camagüey Province. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Camagüey Provincial Tribunal announced he had been sentenced to 14 years in prison. On April 24 he was sent to Canaleta Prison in central Ciego de Ávila Province.

Alfredo Pulido López
Arrested: March 18, 2003
Pulido López is the director of the independent news agency El Mayor in central Camagüey Province. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Camagüey Provincial Tribunal announced he had been sentenced to 14 years in prison. On April 24, he was sent to Combinado del Este Prison in western Ciudad Habana Province, hundreds of miles from his home.


José Gabriel Ramón Castillo
Arrested: March 18, 2003
Ramón Castillo is the director of the independent news agency Instituto Cultura y Democracia Press. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Santiago de Cuba Provincial Tribunal announced he had been sentenced to 20 years in prison. On April 24 he was sent to Santa Clara Provincial Prison in central Villa Clara Province.

José Luis García Paneque
Arrested: March 18, 2003
García Paneque is the director of the independent news agency Libertad in eastern Las Tunas Province. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Las Tunas Provincial Tribunal announced he had been sentenced to 24 years in prison. In August, he was transferred to Santa Clara Provincial Prison, also in Villa Clara.

Léster Luis González Pentón
Arrested: March 18, 2003
González Pentón is an independent journalist based in central Villa Clara Province. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Villa Clara Provincial Tribunal announced he had been sentenced to 20 years in prison. On April 24, the journalist was sent to Kilo 8 Prison in central Camagüey Province. In November, he was transferred to Kilo 7 Prison, also in Camagüey.

Miguel Galván Gutiérrez
Arrested: March 18, 2003
Galván Gutiérrez is a journalist with the independent news agency Havana Press. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Havana Provincial Tribunal announced he had been sentenced to 26 years in prison. On April 24 the journalist was sent to Agüica Prison in western Matanzas Province, hundreds of miles from his home.

Omar Rodríguez Saludes
Arrested: March 18, 2003
Rodríguez Saludes is the director of the independent news agency Nueva Prensa Cubana. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Havana Provincial Tribunal announced he had been sentenced to 27 years in prison. In December, the journalist was transferred to Nieves Morejón Prison in central Sancti Spíritus Province.

Ricardo González Alfonso
Arrested: March 18, 2003
González Alfonso is an independent freelance journalist and Cuba correspondent for the Paris-based press freedom organization Reporters Without Borders. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Havana Provincial Tribunal announced he had been sentenced to 20 years in prison. On April 24, the journalist was sent to Kilo 8 Prison in Camagüey Province. González Alfonso is also the president of the independent journalists’ association Sociedad de Periodistas Manuel Márquez Sterling, founded in May 2001. His house, which was used as the association’s office, was raided on March 18.

Víctor Rolando Arroyo Carmona
Arrested: March 18, 2003
Arroyo Carmona is a journalist with the independent news agency Unión de Periodistas y Escritores de Cuba Independientes (UPECI) in western Pinar del Río Province. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Pinar del Río Provincial Tribunal announced he had been sentenced to 26 years in prison. In late April, he was sent to Guantánamo Provincial Prison in eastern Guantánamo Province.

Alfredo Felipe Fuentes
Arrested: March 19, 2003
Fuentes is an independent freelance journalist based in western Habana Province. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Havana Provincial Tribunal announced he had been sentenced to 26 years in prison. On April 24, the journalist was sent to Guamajal Prison in central Villa Clara Province.

Héctor Maseda Gutiérrez
Arrested: March 19, 2003
Maseda Gutiérrez is a journalist with the independent news agency Grupo de Trabajo Decoro. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State”; and under Law 88 for the Protection of Cuba’s National Independence and Economy, which imposes up to 20 years in prison for committing acts “aimed at subverting the internal order of the Nation and destroying its political, economic, and social system.” On April 7, the Havana Provincial Tribunal announced he had been sentenced to 20 years in prison. In May, the journalist was transferred to La Pendiente Prison, also in Villa Clara Province.

José Ubaldo Izquierdo
Arrested: March 19, 2003
Ubaldo Izquierdo is a journalist with the independent news agency Grupo de Trabajo Decoro in western Habana Province. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Havana Provincial Tribunal announced he had been sentenced to 16 years in prison. On April 24 the journalist was sent to Kilo 5 1/2 Prison in western Pinar del Río Province.

Mario Enrique Mayo Hernández
Arrested: March 19, 2003
Mayo Hernández is the director of the independent news agency Félix Varela. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Camagüey Provincial Tribunal announced he had been sentenced to 20 years in prison. On April 24, the journalist was sent to Holguín Provincial Prison in eastern Holguín Province.

Normando Hernández González
Arrested: March 19, 2003
Hernández González is the director of the independent news agency Colegio de Periodistas Independientes de Camagüey (CPIC). His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Camagüey Provincial Tribunal announced he had been sentenced to 25 years in prison. As punishment for his involvement in a hunger strike, Hernández González was sent to Kilo 5 1/2 Prison in western Pinar del Río Province.

Omar Ruiz Hernández
Arrested: March 19, 2003
Ruiz Hernández is a journalist with the independent news agency Grupo de Trabajo Decoro in central Villa Clara Province. His one-day summary trial was held in early April behind closed doors. He was tried under Article 91 of the Penal Code, which imposes lengthy prison sentences or death for those who act against “the independence or the territorial integrity of the State.” On April 7, the Villa Clara Provincial Tribunal announced he had been sentenced to 18 years in prison. On April 24, the journalist was sent to Boniato Prison in eastern Santiago de Cuba Province.

Source: http://www.wan-press.org/rubrique729.html

 

More on Cuba's abusive laws: Repressive Laws in Cuba abusing human rights


 

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