CAT/C/CUB/CO/2
(a)
Adopt the measures necessary to put an end to the forms of repression
mentioned above, including arbitrary detention and the use of preventive security
measures against political opponents, human rights defenders and activists,
independent journalists and other civil society actors at risk and members of their
families. In addition, the State party should ensure that these acts of repression,
intimidation and harassment are duly investigated and the perpetrators punished;
(b)
Ensure that all persons are protected from the intimidation or violence
to which they might be exposed as a result of their activities or the simple exercise of
their freedom of opinion and expression and their right of association and peaceful
assembly;
(c)
Authorize the registration of human rights NGOs so requesting in the
Register of National Associations, in accordance with the provisions of Act No. 54 of
27 December 1985 (Associations Act).
Gender-based violence
21.
The Committee notes with concern that the State party has provided no information
on the existing legal framework for combating violence against women in Cuba or on the
measures taken to eliminate this phenomenon, including domestic and sexual violence. The
Committee also regrets the lack of statistical data corresponding to the period under review
for the different forms of violence against women (arts. 2 and 16).
The Committee urges the State party to provide detailed information on existing
legislation governing this area and on cases of violence against women that occurred
during the period under review.
Coerced confessions
22.
While it takes note of the constitutional safeguards and the provisions of the
Criminal Procedure Act establishing the inadmissibility of evidence obtained through
torture, the Committee expresses concern about reports of the use of coercive methods
during questioning, in particular sleep deprivation, solitary confinement and exposure to
sudden temperature changes. The Committee notes the information provided by the State
party which indicates that during the period under review no cases were dismissed because
the evidence or testimonies submitted were obtained through torture or ill-treatment,
although, according to the delegation, neither was torture as a procedure invoked in any
case (arts. 2 and 15).
The State party must adopt effective measures that guarantee in practice the
inadmissibility of coerced confessions. The State party should ensure that law
enforcement officials, judges and lawyers receive training in how to detect and
investigate cases where confessions are obtained under duress.
Training
23.
The Committee takes notes of the information provided about the technical and
vocational training programmes available to medical personnel, members of the National
Revolutionary Police, prison officers and justice officials but regrets the paucity of
available information on the evaluation of these programmes and their success in reducing
the incidence of torture and ill-treatment. The Committee also notes that the State party has
submitted no information about specific training programmes or the use of the Manual on
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol) (art. 10).
The State party must:
GE.12-43596
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