A/67/44
Standard Minimum Rules for the Treatment of Prisoners (resolution 663 C [XXIV] of
31 July 1957, and resolution 2076 [LXII] of 13 May 1977, of the Economic and Social
Council) and the United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules), adopted by the
General Assembly in resolution 65/229 on 21 December 2010. In particular, the State
party should:
(a)
Continue its ongoing efforts to improve infrastructures and reduce
prison occupancy rates, principally by using alternative measures to deprivation of
liberty;
(b)
Improve the quality of food and the medical and health-care facilities
available to prisoners;
(c)
Ensure that all persons deprived of their liberty enjoy the right to
communicate with family members and a lawyer;
(d)
Ensure that any cruel, inhuman or degrading punishment, such as
solitary confinement in appalling conditions as a disciplinary measure, is absolutely
prohibited.
Prolonged pretrial detention, detention for offences against State security and releases
on extra-penitentiary leave
(11) The Committee notes the delegation’s clarification that the Cuban legal system does
not allow for the use of incommunicado detention. However, the Committee remains
concerned about NGO reports that recount situations of protracted pretrial detention and
indefinite detention, in application of article 107 of the Criminal Procedure Act, which
appear to affect persons deprived of their liberty especially for political reasons. The
Committee regrets the lack of information provided on the number and status of detainees
accused of offences against State security, pursuant to article 243 of the Criminal Procedure
Act. Lastly, the Committee is concerned about the ambiguous legal situation of prisoners
released on extra-penitentiary leave and about information received concerning arbitrary
restrictions on their personal freedom and freedom of movement. The Committee expresses
particular concern about the situation of José Daniel Ferrer and Oscar Elías Biscet (arts. 2,
11 and 16).
The State party should take all necessary measures to:
(a)
prolonged;
Ensure, in law and in practice, that pretrial detention is not excessively
(b)
Amend the Criminal Procedure Act to prevent indefinite prolongation of
the examination of the preliminary case file;
(c)
Ensure independent judicial supervision of custodial measures and
prompt access to legal assistance;
(d)
Ensure respect for the personal liberties and freedom of movement of
persons released on extra-penitentiary leave, including their right to return to Cuba.
Preventive security measures
(12) The Committee expresses concern about the provisions of Chapter XI of Book I
(Dangerousness and security measures) of the Criminal Code and in particular the
definition, based on subjective and extremely vague concepts, of “dangerousness”, which
purports to refer to “an individual’s particular proclivity to commit offences, as
demonstrated by conduct that is manifestly contrary to the norms of socialist morality” (art.
72). The Committee takes note of the delegation’s explanation that criminal penalties are
not imposed on persons declared to be “dangerous”. However, the Committee notes that the
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GE.12-44492
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