CAT/C/CUB/CO/2
In the light of its previous recommendation (A/53/44, para. 118 (e)), the Committee
considers it essential that legislative measures be adopted to guarantee the
independence of the judiciary. The Committee also recommends that the State party
should ensure compliance with the Basic Principles on the Role of Lawyers (Eighth
United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Havana, 27 August to 7 September 1990 [A/CONF.144/28/Rev.1], p. 118).
Psychiatric institutions
19.
The Committee notes the information provided by the State party regarding the
content of the judgement delivered by the Second Criminal Division of the People’s Court
in Havana on 31 January 2011 in the case brought against the director, deputy directors and
other employees of the Havana Psychiatric Hospital following the death of 26 patients from
hypothermia in January 2010. The Committee regrets that it has not received the
information requested about the redress and compensation measures ordered by the courts
and actually provided to the families of the victims and other patients affected. Although it
notes that the Ministry of Public Health has a plan to improve the efficiency of this
institution, the Committee has received no information on the content of the plan. Lastly,
the Committee regrets that it has received no statistical data on the number of persons with
psychosocial disabilities that are currently receiving forced medical treatment (arts. 2, 11,
14 and 16).
The Committee urges the State party to provide information about the redress and
compensation measures ordered by the courts and actually provided to the victims
and/or their families in relation to the deaths that occurred in the Havana Psychiatric
Hospital in 2010.
The State party should take the necessary steps to resolve any deficiencies that might
exist in the psychiatric hospital network and ensure that events of this type do not
recur. The Committee recommends that an analysis of the way in which psychiatric
institutions operate in practice be undertaken as a matter of urgency, by means of
external and internal audits of the institutions involved, with a view to adopting
legislative and administrative measures to ensure that the guarantees required to
prevent torture are applied in practice.
Civil society actors at risk
20.
The Committee notes that the State party denies that there has been an increase in
the number of political opponents, human rights activists and independent journalists
placed in short-term detention without a court order, as reported to the Committee by
human rights organizations. However, given the lack of official data, the Committee
remains seriously concerned about the continuing reports of arbitrary detention for short
periods, the use of ambiguous criminal concepts such as “pre-criminal social
dangerousness” to justify the imposition of security measures, restrictions on freedom of
movement, intrusive surveillance, physical aggression and other acts of intimidation and
harassment allegedly committed by officers of the National Revolutionary Police and
members of State security bodies. The Committee is also concerned about reports that “acts
of repudiation” continue to occur outside the homes of members of the Unión Patriótica de
Cuba and the Ladies in White group, among others. The Committee regrets the State
party’s reluctance to submit comprehensive information about the incidents referred to in
the list of issues and the measures taken to prevent coordinated action of this kind, in which
assumed collusion between the harassers and the police authority is apparent (arts. 2 and
16).
In the light of its previous concluding observations (A/53/44, para. 11), the Committee
urges the State party to:
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