CAT/C/CUB/CO/2
unannounced visits by national and international monitors, in order to prevent
torture and other cruel, inhuman or degrading treatment or punishment.
The Committee also reiterates its previous recommendation (ibid., (i)) that the State
party should allow human rights NGOs into the country and cooperate with them in
the identification of cases of torture and ill-treatment.
Death penalty
14.
The Committee notes the information provided by the State party concerning the last
three executions of persons sentenced to death in Cuba, which, after a summary procedure,
were carried out on 11 April 2003. Despite the delegation’s explanations, the Committee
still has serious reservations as to whether in these cases the State party respected due
process guarantees such as the detainees’ right to have adequate time and facilities to
prepare their defence and to communicate with counsel of their choosing. While noting that
there are currently no convicted prisoners awaiting execution in the State party and that all
death sentences have been commuted to prison sentences of 30 years or life, the Committee
remains concerned about the high number of offences that carry the death penalty,
including common crimes and vaguely defined categories of State security-related offences
(arts. 2, 11 and 16).
The Committee urges the State party to respect the international norms established in
the Safeguards guaranteeing protection of the rights of those facing the death penalty
(approved by Economic and Social Council resolution 1984/50 of 25 May 1984). The
State party is invited to consider the possibility of abolishing the death penalty and to
ratify the International Covenant on Civil and Political Rights and its Second
Optional Protocol concerning abolition of the death penalty.
Deaths in custody
15.
The information provided by the State party indicates that no liability on the part of
the officers involved was established in any of the deaths in custody that occurred during
the period under review and that the autopsy found no signs of physical violence in any of
these cases. However, the Committee regrets that the State party has provided no statistical
information on the causes of these deaths or on mortality rates in detention facilities. The
limited information provided indicates that between 2010 and 2011 there were a total of
202 deaths in the prison system, a figure which the Committee considers high. The
Committee further regrets that the information relating to the death of Mr. Orlando Zapata
Tamayo, a prisoner on hunger strike, was time-barred and without any possibility of
dialogue. It also regrets the lack of information on the death in police custody of Mr. Juan
Soto Wilfredo García, as requested in the list of issues (arts. 2, 11 and 16).
The State party should ensure that all deaths in custody are investigated promptly,
thoroughly and impartially; should assess the health care received by inmates and any
possible liability on the part of prison personnel; and should provide, where
appropriate, adequate compensation to the families of the victims.
The State party should guarantee appropriate monitoring and medical treatment of
persons deprived of their liberty who go on hunger strike.
Complaints mechanism
16.
Although the State party has provided information about the various bodies and
mechanisms that deal with citizen complaints and petitions, the Committee regrets that no
dedicated, independent and effective mechanism has as yet been established to receive
complaints, conduct prompt and impartial investigations into allegations of torture and illtreatment and ensure that those responsible are duly punished. The Committee also notes
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