IACHR Grants Precautionary Measures in Favor of A Human Rights Defender Who Is Deprived of Liberty in Cuba

July 1, 2024

Washington, D.C. –- The Inter-American Commission on Human Rights (IACHR) issued Resolution 40/2024 on June 28, 2024, to grant precautionary measures in favor of J.M.M.B. in Cuba, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights to life and personal integrity.

The party who requested these precautionary measures alleged that human rights defender J.M.M.B. is currently deprived of liberty and is at risk. The party who requested these precautionary measures further alleged that, following his arrest, J.M.M.B. was subjected to a "brutal" beating and that he was interrogated and subjected to a "torture method" known as "the bicycle." When he was initially arrested, J.M.M.B. went on hunger strike in protest. Over that period and after being transferred to Guanajay prison, he had no contact with his family, who were not informed about his health condition.

On March 22, 2024, there were reports of an attempted rape and various beatings against him. Objections were also made to the fact that J.M.M.B. was being held with highly dangerous inmates, allegedly reflecting "a form of punishment" or simply "negligence" by penitentiary authorities. The family of J.M.M.B. said that his sister had received a warning saying that she should not post on social media anything concerning the proposed beneficiary's situation, threatening that if she did his conditions of detention might get worse. The State failed to respond to the IACHR's request for information.

After assessing the information provided by the party who requested these precautionary measures and considering the Cuban context, the Commission found that J.M.M.B. had been subjected to acts of violence including physical attacks and an attempted rape. The Commission concluded that his situation evidences the proposed beneficiary's defenselessness and the poor oversight exercised by penitentiary authorities. Further, the IACHR noted the difficulties encountered by the family of J.M.M.B. to denounce the risks he faces and how this makes him even more vulnerable.

The Commission therefore considers that the information it has received shows prima facie that J.M.M.B. is in serious and urgent danger and that his rights to life and personal integrity risk suffering irreparable harm. Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission asked the State of Cuba to take the following action:

1. Adopt any measures necessary to protect the rights to life and personal integrity of J.M.M.B.
2. Implement any measures necessary to ensure that the beneficiary's conditions of detention reflect the applicable international standards (in particular, by ensuring that he is not subjected to threats, intimidation, harassment, and other forms of violence)
3. Come to an agreement with the beneficiary and his representative concerning any measures that need to be taken
4. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the applicable instruments.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 153/24

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