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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