A/HRC/4/12 page 9 31. Several prisoners have been on particularly stressful hunger strikes. In that regard, the Personal Representative of the High Commissioner has taken note of the appeal in favour of three hunger strikers issued on 29 September 2005 by the European Union. IV. CONCLUSIONS 32. The difficulties resulting from the embargo have been exacerbated during the reporting period. 33. According to opinion No. 9/2003 of the Working Group on Arbitrary Detention, 59 people are still in arbitrary detention. Further arrests and detentions in 2005 and 2006 should be added to this total. 34. In addition, the Personal Representative of the High Commissioner considers that the suffering inflicted on the people of Cuba as a result of the embargo is compounded by restrictions on the fundamental rights and freedoms of individuals; the Cuban authorities have the power to eliminate such restrictions. With the aim of securing the progress called for in the above-mentioned resolutions, the Personal Representative of the High Commissioner herewith reiterates her recommendations. V. RECOMMENDATIONS 35. The Personal Representative of the High Commissioner for Human Rights recommends that the Government of Cuba should take the following measures: (a) Halt the prosecution of citizens who are exercising the rights guaranteed under articles 18, 19, 20, 21 and 22 of the Universal Declaration of Human Rights; (b) Release detained persons who have not committed acts of violence against individuals and property; (c) Review laws which lead to criminal prosecutions of persons exercising their freedom of expression, demonstration, assembly and association, and in particular Act No. 88 and article 91 of the Criminal Code, in order to bring these provisions of the law into line with the above-mentioned provisions of the Universal Declaration of Human Rights; (d) Uphold, without exceptions, the moratorium on the application of the death penalty introduced in 2000, with a view to the abolition of the death penalty; (e) Reform the rules of criminal procedure to bring them into line with the requirements of articles 10 and 11 of the Universal Declaration of Human Rights; (f) Establish a standing independent body with the function of receiving complaints from persons claiming that their fundamental rights have been violated;

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