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Cuba

Executive Summary

Cuba is an authoritarian state with former president Raul Castro serving as the first secretary of the Cuban Communist Party, the highest political entity of the state by law, and Miguel Diaz-Canel serving as president of the republic. A new constitution ratified in February 2019 codifies that Cuba remains a one-party system in which the Communist Party is the only legal political party. Elections were neither free nor fair nor competitive.

The Ministry of Interior controls police, internal security forces, and the prison system. The ministry’s National Revolutionary Police are the primary law enforcement organization. Specialized units of the ministry’s state security branch are responsible for monitoring, infiltrating, and suppressing independent political activity. The national leadership, including members of the military, maintained effective control over the security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by the government; forced disappearance by the government; torture and cruel, inhuman, and degrading treatment of political dissidents, detainees, and prisoners by security forces; harsh and life-threatening prison conditions; arbitrary arrests and detentions; political prisoners; significant problems with the independence of the judiciary; and arbitrary or unlawful interference with privacy. Freedom of the press functionally did not exist. Criminal libel laws were used against persons who criticized government leadership. The government engaged in censorship and internet site blocking, and there were severe limitations on academic and cultural freedom. There were severe restrictions on the right of peaceful assembly and denial of freedom of association, including refusal to recognize independent associations. There were severe restrictions on religious freedom. There were restrictions on internal and external freedom of movement. Citizens were unable to change their government through free and fair elections. Political participation was restricted to members of the ruling party. There was official corruption; trafficking in persons, including compulsory labor; and outlawing of independent trade unions.

Government officials, at the direction of their superiors, committed most human rights abuses. As a matter of policy, officials failed to investigate or prosecute those who committed these abuses. Impunity for the perpetrators remained widespread.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

On June 24, police killed Hansel Hernandez Galiano, an unarmed Afro-Cuban man, in Havana. State media initially refused to acknowledge the case, but news circulated quickly across social media. On June 25, the supposedly independent but in fact state-controlled blog Guerrero Cubano issued a detailed story about how Hansel was killed. Other official media outlets followed suit the morning of June 27 when the Ministry of Interior issued a press release with the same account of events related by Guerrero Cubano that was reprinted across official state media.

The official version of Hernandez Galiano’s death was that in the course of a regular patrol, two members of the National Revolutionary Police discovered and chased a suspected thief. Official media stated the suspect ran from police but then confronted them and threw large rocks, some of which hit the officers. The government stated that as the suspect was throwing rocks, one officer fired two warning shots and then a final killing shot. The press release concluded by lamenting Hansel’s death but denigrated his character, claiming Hansel had been found guilty of threatening persons, “lascivious abuse,” and robbery with violence, for which he served a prison term and was on probation.

Outside observers identified a number of reasons to doubt the accuracy of the government’s account. Photographs of the body circulated on social media by Hernandez Galiano’s family members showed a single bullet wound, entering via Hansel’s back and emerging from his chest, indicating he was running from the officers, not actively confronting them. The photographs also showed bruising to his face and sutures closing a cut to the head (possibly post mortem). Members of his family said his body was reportedly quickly cremated, after pressure from the government. Activists criticized the press release’s emphasis on Hansel’s alleged criminal record, with one lawyer saying it “demonstrates their desire to treat him as a defendant and not as a victim.” Authorities stated they would investigate the death but as of December had not publicly released results of an investigation.

At least eight prisoners died in custody in a variety of suspicious circumstances. Roberto Jimenez del Sol, a manager in an army-owned shoe store, died in military custody after spending one month in solitary confinement as part of an investigation into missing funds. Although authorities told his family he died of natural causes, his body displayed signs of abuse. The nongovernmental organization (NGO) Cuba Archive documented at least six other prisoners who died in suspicious circumstances. None of these deaths was reported by official media.

b. Disappearance

There were confirmed reports of long-term disappearances by or on behalf of government authorities. There were multiple reports of detained activists whose whereabouts were unknown for days or weeks because the government did not register these detentions, many of which occurred at unregistered sites.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, on the condition that the expression “conforms to the aims of socialist society.” The law bans criticism of government leaders and distribution of antigovernment propaganda, with penalties ranging from three months to 15 years in prison.

Freedom of Speech: The government did not tolerate public criticism of government officials or programs, and it limited public debate of topics considered politically sensitive. Several laws criminalize aspects of freedom of expression.

Rather than enforce these laws, police typically used other pretexts to harass and arrest persons exercising freedom of expression. Among the individuals who protested these restrictive laws was Luis Manuel Otero Alcantara, an artist and a leader of the San Isidro Movement (MSI), an organization promoting cultural independence. Several MSI members, such as rapper Maykel Osorbo and Otero Alcantara’s partner Claudia Genlui, were arrested, beaten while in custody, blackmailed by state security, and fined during the year. While some of these arrests were in conjunction with political events or Otero Alcantara’s art, many arrests were arbitrary.

Otero Alcantara, arrested dozens of times in conjunction with his performance art, was charged once, for “defiling national symbols,” a case that was dropped after he spent 13 days incarcerated. He was arrested, among other times: on February 7, for walking around Havana wearing a hard hat in protest of several individuals killed when their state-owned house collapsed; on February 11, for protesting a state television decision to censor a kiss between two men; on September 8, moments after stepping outside his home holding a sign with a black and white sunflower, referencing the country’s patron saint; and on October 10, after gathering individuals to celebrate the anniversary of the Grito de Yara (Cry of Yara, the 1868 start of the country’s independence struggle).

Otero Alcantara was also arrested several times while demonstrating for the freedom of fellow MSI member Denis Solis, including on November 12 when Otero Alcantara and another activist attempted to present a writ of habeas corpus for Solis. Otero Alcantara was arrested on November 26 when authorities raided his house to break up a hunger strike of MSI members. At year’s end he remained on house arrest, despite the government’s not levying charges against him.

State security regularly harassed the organizers of independent debates on cultural and social topics to force them to stop discussing matters deemed controversial. The organizers reported assaults by state security, video surveillance installed outside of venues, and detention of panelists and guests on the days they were expected to appear.

Government workers reported being fired, demoted, or censured for expressing dissenting opinions or for affiliating with independent organizations.

Alexander Raul Pupo Casas told independent media outlet CiberCuba that he was forced out of his residency program in neurosurgery at the Ernesto Che Guevara Hospital. His supervisor, Ponce de Leon Noriega, viewed Facebook posts from Pupo Casas that were critical of the government, including its low salaries for medical professionals. Noriega then publicly denounced Pupo Casas as “counterrevolutionary” and started proceedings to expel him from the hospital.

Religious groups reported increased restrictions on expressing their opinions during sermons and at religious gatherings, with authorities sometimes using COVID-19 restrictions to prevent persons from worshipping. Most members of the clergy exercised self-censorship. Religious leaders in some cases criticized the government, its policies, and the country’s leadership without reprisals. Other religious groups, particularly those not officially state-sanctioned, reported harassment and destruction of houses of worship.

Freedom of Press and Media, Including Online Media: The government or the PCC directly owned all print and broadcast media outlets and all widely available sources of information. News and information programming were generally uniform across all government-controlled outlets. The government controlled all printing presses and nearly all publications. The party censored public screenings and performances. The government limited the importation of printed materials.

Foreign correspondents had limited access to and often were denied interviews with government officials. Foreign correspondents struggled to gather facts and reliable data for stories. The government harassed and denied access to correspondents who reported stories deemed critical of the government. As a result of self-censorship and lack of access, foreign journalists rarely published stories on human rights violations while inside the country. Despite meeting government vetting requirements, journalists belonging to state media institutions who reported on sensitive subjects did so at personal risk, and the government barred them from working for unofficial media outlets in addition to their official duties. The government harassed and threatened any independent citizen journalists who reported on human rights violations.

After Camila Acosta started working as an independent journalist in August 2019, she endured nearly constant state harassment and other abuses for her work. Since February she was forced to move at least six times (including several times during the peak of the COVID-19 outbreak) due to police harassment of her landlords for “hosting a dissident.” She was arbitrarily arrested, detained, abused, fined, threatened, and interrogated at length on many occasions. For example, on July 31, she was waiting for friends in a park in Havana when two officers approached her, asked for her identity document, arrested her, and took her to a police station. Inside her bag they found several facemasks reading, “No to Decree 370,” a reference to legalized surveillance of electronic communication without a court order. The officers forced Acosta to strip and searched her further. Police fined her and threatened further prosecution for protesting the decree. On March 9, police arrested Acosta while she covered a demonstration for the freedom of artist and activist Luis Manuel Otero Alcantara (see section 2.a., Freedom of Speech). Police gave her a large fine and threatened her with “deportation” to her home province, Isla de la Juventud.

Violence and Harassment: The government did not recognize independent journalism, and independent journalists frequently faced government harassment, including detention and physical abuse. Most detentions were of independent journalists who filmed arrests and harassment of activists or otherwise attempted to cover politically sensitive topics. Community members and journalists for the Cuban Institute for Freedom of Expression and of the Press reported increased repression after President Diaz-Canel took office. Independent reporters experienced harassment, violence, intimidation, aggression, and censorship, and several were confined to their homes or prevented from traveling abroad. On November 22, security forces allowed a progovernment mob to block registered foreign media teams from reporting on protests for the freedom of Denis Solis in Havana’s central park. Foreign media reported the mob “pushing, shoving, and punching one cameraman four or five times in the body.”

Censorship or Content Restrictions: The law prohibits distribution of printed materials considered “counterrevolutionary” or critical of the government. Foreign newspapers and magazines were generally unavailable outside of tourist areas. Distribution of material with political content–interpreted broadly to include the Universal Declaration of Human Rights, foreign newspapers, and independent information on public health–was not allowed, and possession of these materials sometimes resulted in harassment and detention. Government officials also confiscated or destroyed cameras and cell phones of individuals to prevent them from distributing photographs and videos deemed objectionable.

The government sometimes barred independent libraries from receiving materials from abroad and seized materials donated by foreign governments, religious organizations, and individuals.

Libel/Slander Laws: The government used defamation of character law to arrest or detain individuals critical of the country’s leadership. Authorities frequently arrested and charged persons with the vague crime of “contempt of authority.”

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

Although the constitution grants a limited right of assembly, the right is subject to the requirement that it may not be “exercised against the existence and objectives of the socialist state.” The law requires citizens to request authorization for organized meetings of three or more persons, and failure to do so carries a penalty of up to three months in prison and a fine. The government tolerated some gatherings, and many religious groups reported the ability to gather without registering or facing sanctions. Christian Solidarity Worldwide, however, reported that in other cases the government harassed leaders of house churches and owners of homes where house church congregations met. Many house church leaders also reported frequent visits from state security agents or PCC officials. Some reported they received warnings from agents and officials that the education of their children, or their own employment, could be “threatened” if the house church leaders continued their activities.

Independent activists and political parties other than the PCC faced greater obstacles than religious groups. State security forces often suppressed attempts to assemble, even for gatherings in private dwellings and in small numbers. The government refused to allow independent demonstrations or public meetings by human rights groups or any others critical of any government activity.

The government routinely arrested individuals who attempted to assemble, by either placing them under house arrest or taking them into custody if they left their residences.

On November 27, a group of persons assembled outside the Ministry of Culture to demonstrate against the government’s efforts to suppress protests. This was the sole example of a protest successfully forming and being allowed to disperse peacefully. At this event, well known cultural figures protested the government’s treatment of the MSI and its members and demanded the “right to have rights.”

On June 24, police killed Hansel Hernandez Galiano, an unarmed Afro-Cuban man, in Havana (see section 1.a.). Prominent activists soon adopted a #Justice4Hansel campaign and called for protests on June 30 at Havana’s Yara Theater. On the eve of the planned protests, the government arrested scores of potential protesters and deployed a sophisticated media campaign modeled on the #BlueLivesMatter countermovement. Reportedly, no one actually arrived at the protest site because at least 35 individuals were arrested and another 33 were held under house arrest before the planned protest.

State communications monopoly ETECSA, part of the Ministry of Communications, cut off internet access for targeted activists and independent journalists. A state security official informed one activist he would not be allowed to leave his house on June 30 and that whoever tried to attend the protest for Hansel Hernandez Galiano would be arrested for “propagation of an epidemic.” Jose Daniel Ferrer, the leader of UNPACU and the most prominent opposition leader, endorsed the calls to protest. On June 30, police locked the front door to his house from the outside, and when Ferrer and his 17-year-old son climbed out from the roof to join the protest, police arrested them both. Two activists, artist Luis Manuel Otero Alcantara and rapper Maykel Castillo, were also arrested and taken into custody. (Days earlier, Otero Alcantara and Castillo had associated themselves with the #Justice4Hansel movement.) Police subsequently violently abused them and prevented them from filing a complaint. Everyone arrested for the June 30 protest was released within two days, except for Diario de Cuba reporter Jorge Enrique Rodriguez, who was held for five days after filming police violence against two young persons.

On October 10, the anniversary of the Grito de Yara proclaiming Cuban independence from Spain, the regime arrested–sometimes violently–more than 20 artists and activists in a crackdown on a peaceful demonstration for political change organized by the San Isidro Movement in Havana. According to media reports, the majority of the activists were held for approximately seven hours by police.

On numerous occasions, the government, using undercover police and Ministry of Interior agents, organized “acts of repudiation” by crowds organized to assault and disperse persons who assembled peacefully. Persons in these crowds arrived in government-owned buses or were recruited by government officials from nearby workplaces or schools. Participants arrived and departed in shifts, chanted progovernment slogans, sang progovernment songs, and verbally taunted those who had peacefully assembled. The persons targeted by this harassment at times suffered physical assault or property damage. Government security officials at the scene, often present in overwhelming numbers, did not arrest those who physically attacked the victims, and they did not respond to victims’ complaints. Instead, government security officials frequently orchestrated activities against protesters or took direct part in physical assaults.

Freedom of Association

The government routinely denied freedom of association to citizens and did not recognize independent associations. The law proscribes any political organization not officially recognized. A number of independent organizations, including opposition political parties and professional associations, operated as NGOs without legal recognition, and police sometimes raided their meetings.

For example, the Damas de Blanco (Ladies in White), an association of female political activists originally formed to protest the detention of their male relatives, was subjected to arbitrary arrest whenever it tried to meet, constant surveillance of the house that served as their headquarters, and harassment by state officials and local PCC members.

Recognized churches (including the Roman Catholic humanitarian organization Caritas), the Freemason movement, and a number of fraternal and professional organizations were the only organizations legally permitted to function outside the formal structure of the state or the ruling party. Religious groups are under the supervision of the PCC’s Office of Religious Affairs, which has the authority to deny permits for religious activities; it exerted pressure on church leaders to refrain from including political topics in their sermons and often limited freedom of movement for independent pastors.

Groups are required to register through the Ministry of Justice to receive official recognition. Authorities ignored applications for legal recognition from new groups, including several new religious groups, women’s rights organizations, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights organizations. The lack of official recognition left group members open to potential charges of illegal association.

The government gave preferential treatment to persons who took an active part in PCC activities and mass demonstrations in support of the government. Preferential treatments included valued public benefits such as admissions to higher education, fellowships, and job opportunities.

d. Freedom of Movement

There were increased restrictions on freedom of movement within the country, foreign travel, and migration with the right of return. The government controlled internal migration from rural areas to Havana, sometimes arresting and expelling persons from Havana if authorities discovered their national identity card listed them as living in another city. The government also barred some citizens and persons of Cuban descent living abroad from entering the country, apparently on grounds that these visitors were critical of the government, had “abandoned” postings abroad as low-paid medical doctors, or had defected when they were abroad as athletes. The government prevented many Cubans who normally were residents in another country but who were caught in Cuba during the COVID-19 pandemic from leaving the country.

When former government employees emigrated from the country, sometimes their family members lost public benefits or were denied passports to travel and join their family members abroad. The law provides for imprisonment of up to three years or a moderate fine for first-time “rafters” (those who attempted to depart the country clandestinely, commonly using homemade vessels), although these attempts were less frequent than in previous years. Most persons caught attempting unauthorized departures via sea were detained briefly under quarantine as a precaution against COVID-19. In the case of military or police defectors or those traveling with children, the punishment could be more severe.

Under the terms of the 1994-95 U.S.-Cuba migration accords, the government agreed not to prosecute or retaliate against migrants returned from international or U.S. waters or from the Guantanamo U.S. Naval Station after attempting to emigrate illegally, assuming they had not committed a separate criminal offense. Some would-be migrants in these circumstances, however, alleged harassment and discrimination, such as fines, expulsion from school, and job loss.

In-country Movement: Although the constitution allows all citizens to travel anywhere within the country, establishing residence in Havana was restricted. The local housing commission and provincial government authorities must authorize any change of residence. The government may fine persons living in a location without authorization and send them back to their legally authorized residence. There were reports that authorities provided only limited social services to illegal Havana residents and at times restricted food purchases to a person’s official neighborhood of residence. Police threatened to prosecute anyone who returned to Havana after expulsion.

The law permits authorities to bar an individual from a certain area within the country, or to restrict an individual to a certain area, for a maximum of 10 years. Under this provision, authorities may internally exile any person whose presence in a given location is determined to be “socially dangerous.” Dissidents frequently reported authorities prevented them from leaving their home provinces, or that authorities detained and returned the dissidents to their homes, even though the dissidents had no written or formal restrictions placed against them.

Foreign Travel: The government continued to require persons from several professional and social categories to obtain permission to emigrate. The affected persons included highly specialized medical personnel; military or security personnel; many government officials, including academics; and many former political prisoners and human rights activists.

The government prohibited human rights activists, independent journalists, and artists from traveling outside the country to attend events related to human rights and democracy. The government used arbitrary or spurious reasons to deny permission for human rights activists to leave the country to participate in workshops, events, or training programs. Activists reported a significant increase in interrogations and confiscations at the airport when arriving from abroad.

The government arbitrarily designated some persons as regulados (regulated persons), meaning the government either prohibited them from receiving a passport or from leaving the country. The policy did not appear to be supported by a legal framework, and officials denied such a policy existed, declaring the law allows for freedom of movement. Because the government did not acknowledge that persons were prevented from leaving, those subject to the policy were left without any recourse for an appeal. The tactic served not only to restrict the movement of citizens but also their freedom of expression, because it was routinely applied when individuals attempted to travel to speak at conferences.

Section 3. Freedom to Participate in the Political Process

Article 5 of the constitution enshrines one-party rule by the PCC, disallowing political expression outside of that structure. The government suppressed attempts to form other parties. Candidates for office must be nominated by a PCC “mass organization” and approved by local party officials. These PCC-approved candidates win the vast majority of votes, since electors are limited to PCC representatives. Elections are neither free nor fair. Citizens do not have the ability to form political parties or run as candidates from political parties other than the PCC. The government forcefully and consistently retaliated against those who sought peaceful political change. The government orchestrated mass political mobilization on its behalf and favored citizens who actively participated.

Elections and Political Participation

Recent Elections: The government selected candidates for the October 2019 election for president of the republic, president of the National Assembly, and membership in the Council of State. Only members of the National Assembly–all of whom were PCC members–were allowed to vote, and candidates ran for office uncontested. For the first time since 1959, on January 18, citizens “elected” provincial governors. All of these “elections” were shams, however, since only one candidate (chosen in theory by the president but in reality by the PCC) stood for each post, and the only persons allowed to vote were loyal party members chosen as delegates of the municipal assemblies in each province. The chosen candidates were not known to the public before the election, and each one received 93 percent or more of the ballots cast, with most receiving 99 percent of the votes.

Political Parties and Political Participation: As in previous national elections, government-run commissions nominated all candidates for office for the January election. No non-PCC candidates were allowed on the ballot. The government routinely used propaganda campaigns in the state-owned media to criticize its opponents. Numerous opposition candidates were physically prevented from presenting their candidacies or were otherwise intimidated from participating in the electoral process.

The new constitution, approved in February 2019, includes many sections that restrict citizens’ ability to participate fully in political processes by deeming the PCC as the state’s only legal political party and the “superior driving force of the society and the state.” For example, Article 4 states, “Citizens have the right to combat through any means, including armed combat when other means are not available, anyone who intends to overthrow the political, social, and economic order established by this constitution.” The article effectively empowers ordinary persons to attack violently those who publicly disagree with the party.

Citizens who live abroad without a registered place of abode in Cuba lose their right to vote.

Participation of Women and Members of Minority Groups: No law limits participation of women or members of minority groups in the political process, and they did participate. Women’s representation increased slightly from previous years in the most powerful decision-making bodies, but women held no senior leadership positions in the military or security services.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption. The government was highly sensitive to corruption allegations and often conducted anticorruption crackdowns.

Corruption: The law provides for three to eight years’ imprisonment for “illegal enrichment” by authorities or government employees. The government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity. There were numerous reports of police and other official corruption in enforcement of economic restrictions and provision of government services. For example, employees frequently stole products from government stocks and sold them on the black market. Multiple persons reported that when searching homes and vehicles, police sometimes took the owners’ belongings or sought bribes in exchange for not imposing fines or arrests. Corruption by customs officers was also reportedly common.

Financial Disclosure: The law does not require appointed and elected officials to disclose their assets.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

The government did not recognize domestic human rights groups or permit them to function legally. Several human rights organizations continued to function outside the law, including UNPACU, the Christian Liberation Movement, the Assembly to Promote Civil Society, and the Lawton Foundation for Human Rights. The government subjected domestic human rights advocates to intimidation, harassment, periodic short-term detention, and long-term imprisonment on questionable charges.

No officially recognized NGOs monitored human rights. The government refused to recognize or meet with NGOs that monitored or promoted human rights. There were reports of government harassment of individuals who met with unauthorized NGOs.

The United Nations or Other International Bodies: The government continued to deny international human rights organizations, including the United Nations, its affiliated organizations, and the International Committee of the Red Cross, access to prisoners and detainees. The government continued to deny or ignore long-standing requests from the UN special rapporteurs on torture, freedom of expression, freedom of religion, and freedom of assembly to enter the country to monitor human rights.

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