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OEA/Ser.L/V/II.54 ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
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RESOLUTION
39/81 Case
2299 (CUBA) June 25, 1981 BACKGROUND:
1. In a
communication of May 9, 1977, the following denunciation was received: Mr.
Angel Cuadra Landrove was imprisoned in April 1967 charged with being an
"enemy and propagandist against the government of the people."
He was sentenced to 15 years in prison. For eight years he was tortured
and subjected to mistreatment in a number of political jails in Cuba, and
spent two years more in prisoners work camps. He was released on December
17, 1976. After completing his sentence, he was again imprisoned on March
24, 1977, without having committed any crime. 2. In a note of
December 6, 1977, the Commission transmitted the pertinent parts of the
denunciation to the Cuban Government. 3. The Government
of Cuba has thus far not replied. WHEREAS:
1. To Date, the
Government of Cuba has not yet replied to the Commission's request dated
December 6, 1977. 2. Article 39(1)
of the Commission's Regulations provides as follows: Article
39 The
facts reported in the petition whose pertinent parts have been transmitted
to the government of the state in reference shall be presumed to be true
if, during the maximum period set by the Commission under the provisions
of Article 31, paragraph 5, the government has not provided the pertinent
information, as long as other evidence does not lead to a different
conclusion. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLVES:
1. In application
of Article 39(1) of its Regulations, to presume to be true the events
reported in the communication of May 9, 1977, concerning the detention of
Mr. Angel Cuadra Landrove. 2. To declare that
the Government of Cuba violated the right to life, liberty and personal
security (Art. I of the American Declaration of the Rights and Duties of
Man) and the right to a fair trial (Art. XVIII). 3. To communicate
this decision to the Government of Cuba and to the claimants. 4. To include this resolution in the Commission's Annual Report to the General Assembly of the Organization of American States pursuant to Article 18 (f) of the Statute and Article 59 (g) of the Regulations of the Commission.
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