A/67/44 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: (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. 130 GE.12-44492

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