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AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

Date: 23 January 2003
Case Number:cu9811_bis
Victims:Raúl Arencibia Fajardo; Oscar Elias Biscet; Virgilio Marante; Orlando Zapata Tamayo
Country:Cuba
Subject:Medical Doctor Arrested Again
Issues:Freedom from arbitrary arrest and detention; Freedom of association and assembly; Freedom of opinion and expression; Right to medical treatment while in detention
Type of alert: Update
Related alerts: 31 August 1998; 27 September 1999; 18 November 1999; 2 November 2001; 8 April 2003 

View the digitally signed version of this alert.

FACTS OF THE CASE:

On 6 November 2002, Dr. Oscar Elías Biscet held a press conference in Havana to denounce the inhumane treatment he and other former detainees have suffered in Cuban prisons. Dr. Biscet had been released from prison only 6 days earlier. He had been serving a three-year prison term for "dishonoring national symbols," "public disorder," and "inciting delinquent behavior." The charges were related to a pro-democracy protest he organized in 1999 during which he flew a Cuban flag upside down.

At the November press conference, Dr. Biscet announced a campaign to collect signatures for a petition calling for an international inspection of prison conditions in Cuba. Dr. Biscet did not receive adequate medical care for a gum infection he suffered while he was in jail. The infection got progressively worse and he lost all of his molars. When he was released from jail, he went to his family dentist to receive treatment. His dentist reported that he began receiving threats for associating with Dr. Biscet and stopped treating him. Dr. Biscet is in danger or losing the rest of his teeth if he does not receive prompt treatment from a specialist.

After the press conference, police arrested Dr. Biscet along with 16 other activists at a private house where they were having a meeting to discuss the petition drive and other human rights issues. According to Dr. Biscet's wife, the activists "were beaten and violently arrested." As the police dragged them out, they cried out "long live human rights" and "freedom for political prisoners."

Dr. Biscet is currently being held at the Combinado del Este Prison in Havana. He was forced to share a cellblock with 30 criminals. On 27 December, he was official charged with "disorderly conduct" and assigned a case number.

All but three of the 16 individuals arrested with Dr. Biscet have since been released: Virgilio Marante is being held in the 1580 Prison, Orlando Zapata Tamayo in the Guanajay Prison, and Raúl Arencibia Fajardo in the Valle Grande prison.

(Source of information is Elsa Morejon, wife of Dr.Biscet, who informed the Coalition of Cuban-American Women about what had happened to her husband.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Economic, Social and Cultural Rights

  • Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

UN Standard Minimum Rules for the Treatment of Prisoners

  • Article 22 (3): The services of a qualified dental officer shall be available to every prisoner.
  • Article 22(2): Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers.

Universal Declaration of Human Rights

  • Article 20(1): Everyone has the right to freedom of peaceful assembly and association.
  • Article 09: No one shall be subjected to arbitrary arrest, detention or exile.

RECOMMENDED ACTION:

Please send faxes, airmail letters, or emails:

  • Calling on the Cuban government to release Dr. Oscar Elías Biscet, Virgilio Marante, Orlando Zapata Tamayo, and Raúl Arencibia Fajardo immediately and unconditionally on the grounds that they were detained solely for the peaceful exercise of their rights to freedom of expression and association; and
  • Urging the Cuban government to respect the rights to freedom of expression and opinion.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

    Felipe Perez Roque
    Ministro de Relaciones Exteriores
    Calzada No. 360
    Vedado
    La Habana, Cuba
    Fax: 011 53 7 333 085 or 335 261

    Dr. Juan Escalona Reguera
    Fiscal General de la República (Attorney General)
    San Rafael 3
    La Habana, Cuba
    Fax: 011 (53 7) 66 94 85 / 33 31 64
    Salutation: Dear Attorney General:

COPIES SENT TO:

    Head of Mission
    Cuban Interest Section
    2630 16th St., NW
    Washington, DC 20009
    Fax: 1 (202) 986-7283
    secconscuba@worldnet.att.net
    Salutation: Dear Head of Mission:

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.


To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.


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