MIAMI, USA – Amnesty International warned in December 2022 that with the implementation of Cuba’s new Penal Code, the population can expect a «terrifying outlook for 2023 and subsequent years.» Recent events seem to confirm this prediction. As of the end of July this year, there were 1,047 people detained or prosecuted for political reasons in Cuba. Prisoners Defenders, a Spanish-based organization that regularly documents incarcerations and human rights violations on the island, reported that another 24 people were added to that list in the last month. The Cuban government does not recognize dissidents or opponents of their system as political prisoners; they commonly label them as «counter-revolutionaries,» «agents of a foreign power,» or accuse them of threatening national security.
«On August 18th, the Prosecutor’s Office in Camagüey – a province in central Cuba, over 500 kilometers from Havana – requested a four-year prison sentence for Aniette González García for taking pictures of herself wrapped in the Cuban flag at her own home and sharing them on her Facebook account. Her alleged crime? Supposedly violating Article 269, Chapter III of the Penal Code, which refers to «insulting national symbols.» González García took the photos on March 22nd, following a call by human rights activist Héctor Luis Valdés Cocho, who is based in the United States. Valdés Cocho was supporting the series ‘Le drapeau’ (The flag, in French) by multidisciplinary artist Luis Manuel Otero Alcántara, who is currently serving a five-year prison sentence for, among other crimes, «insulting national symbols»…. on a continuous basis. The day after, on March 23rd, Aniette González was arrested and detained at the Kilo 5 women’s prison in Camagüey, where she awaits a trial date. The relevant section of the penal code states: «Anyone who defiles or, through other acts, shows disdain for the Flag of the Lone Star, the Bayamo Hymn, or the Royal Palm Coat of Arms, shall incur a penalty of deprivation of liberty for two to five years or a fine of five hundred to one thousand units, or both.» Aniette Ginestá denies that her mother committed any crime. «Not because of our way of thinking or because she’s my mom, but because of the laws themselves. There is no crime, she has no crime, according to the laws, not according to us, not according to our way of thinking; so right now, she is deprived of her freedom (in) a completely illegal manner,» she said in a telephone conversation with Voice of America. Aniette González, Human rights activist who took photos in her home in Camagüey, Cuba, as part of the series ‘The flag belongs to everyone,’ in support of artist Luis Manuel Otero. [Photo: Courtesy]. The news of the prosecution’s request against González initially appeared in the independent publication La Hora de Cuba. Its director, Henry Constantín Ferreiro, added at the end of the brief note: «However, the regime uses the flag as clothing in various political and artistic events organized by the government, without those involved facing any kind of reprimand or harassment from the authorities.»
Otero Alcántara Case
From July to August 2019, Luis Manuel Otero, the main figure of the then-vibrant San Isidro Movement, created the artistic gesture entitled Le drapó. The action involved carrying the Cuban flag on his shoulders continuously, day and night, and sharing it on Facebook, just like Aniette González. From within independent civil society, the San Isidro Movement brought together intellectuals from various fields and human rights activists, and its headquarters – Otero Alcántara’s residence – hosted conferences, art exhibitions, music concerts, poetry recitals, among other activities. In the past year, several of its members have gone into exile in Spain and the United States, primarily. Otero Alcántara was detained for 13 days in March 2020 at Valle Grande Prison, but due to pressure from organizations, activists, and intellectuals inside and outside of Cuba, he was released, as reported by Amnesty International at that time. Otero Alcántara continued to face further arrests and was subject to police raids on his home in the San Isidro neighborhood in Havana. On July 11th, 2021, amidst the protests that spread throughout the country, he announced on his Facebook account that he would join the demonstrations. He never got the chance, as he was detained. Since then, he has been held in the maximum-security prison in Guanajay, less than 50 kilometers from Havana. On June 22nd, 2022, his five-year sentence was upheld for allegedly insulting the flag, committing public disorder, and disobedience. In September 2021, Time magazine included him on its list of the 100 most influential people in the world. Amnesty International, which has been following the artist’s case, said in an email to VOA that they «view with alarming concern how criminal law in Cuba continues to be used as a weapon to restrict freedom of expression and silence dissenting voices, such as the criminalization of what the Government perceives as an ‘insult to national symbols’.» Limitations on freedom of expression However, the Cuban Constitution acknowledges the right to freedom of expression. Article 54 states: «The State recognizes, respects, and guarantees individuals’ freedom of thought, conscience, and expression. The right to object on grounds of conscience cannot be invoked with the purpose of evading compliance with the law or preventing others from fulfilling it or exercising their rights.» Cuban lawyer Laritza Diversent has been living in Maryland, USA, in exile since 2017. Since then, she has continued as the director of CubaLex, a legal consultancy for Cuban affairs. When discussing Aniette González’s case, Diversent points out in a conversation with VOA that although she had a lower profile than Alcántara, «she demonstrates that when it comes to the use of national symbols, the State insists on suppressing and restricting freedom of expression.» Additionally, she indicates that it is a way to limit artistic freedom of creation; they use legal norms with restrictive interpretations of national symbols to prevent individuals within Cuba from using symbols that represent power to them as a critique of the system. Nonetheless, the Constitution includes the right to freedom of the press in Article 55: «This right is exercised in accordance with the law and the aims of society,» but it stipulates that media outlets «are socialist property of the entire people or of political, social, and mass organizations; and may not be subjected to any other form of ownership.» Constantín Ferreiro, who, in addition to being an independent journalist in Cuba, served for a period as regional vice president of the Inter-American Press Association (IAPA), does not see a positive outlook for freedom of expression on the island. «The new laws only adjust, update, and focus on the most common forms of protest in order to repress them. There is no significant change in any aspect,» he explains. Despite criticism of how the Cuban government deals with dissenting voices on the island, they have published the Constitution and the Penal Code, which are now available in electronic format. When asked about the legal status of the performative action that took place last March by her mother, Aniette Ginestá said, «The photos were taken artistically, not encouraging people to do anything wrong, the photos did not contain offensive statements against the flag.» And invoking Article 54 of the Constitution, she said that her mother is innocent. «She has no crime there,» she asserts. Amnesty International insists that these legal proceedings and «arbitrary detentions» have an impact on people’s ability to work and their right to privacy when they peacefully demand human rights. «The international community must strongly condemn these repressive measures and call on the Cuban government to respect the rights of the population,» concluded Jiménez.
Fuente de TenemosNoticias.com: www.vozdeamerica.com
Publicado el: 2023-08-25 10:15:42
En la sección: América Latina – Voice of America