Dáil Éireann debate -
Tuesday, 13 May 2003

Vol. 566 No. 3

Written Answers. - Human Rights Abuses.

Jim O'Keeffe

Question:

232 Mr. J. O'Keeffe asked the Minister for Foreign Affairs his views on recent developments in Cuba involving three executions and 78 journalists and human rights activists sentenced to prison for terms averaging 20 years; and the action taken bilaterally and through the EU and UN in response. [12905/03]

Minister for Foreign Affairs (Mr. Cowen)

Shortly after the arrests of the Cuban dissidents referred to by the Deputy, the Greek EU Presidency, on 26 March 2003, issued a statement agreed by Ireland and the other partners condemning the arrests as contrary to freedom of speech, declaring the prisoners to be prisoners of conscience and demanding their release without delay. On 14 April 2003, the General Affairs and External Relations Council, GAERC, adopted conclusions on Cuba, reiterating the condemnation of the arrests, the unfair trials and the arbitrary and excessive sentences imposed. The Council called for the release of all political prisoners. The Council conclusions went on to note that these developments marked a further deterioration in the human rights situation in Cuba, which would affect the EU's relationship with Cuba and the prospects for increased co-operation. The GAERC conclusions also contained a condemnation of the summary execution on 11 April 2003 of three hijackers of a ferry-boat.

EU Heads of Mission in Havana were instructed to make a démarche on 18 April to the Cuban authorities, again strongly condemning the unprecedented wave of arrests, and the passing of severe sentences on independent journalists and members of the opposition, who were exercising their right to freedom of opinion and expression, a principle strictly upheld by the EU. The démarche noted serious deficiencies as regards the procedures and practices employed during the trials, inter alia, the lack of time for defence lawyers to prepare a proper defence, the rejection by the courts of some lawyers appointed by family members of the accused, and the barring of foreign press and diplomatic observers. It was pointed out to the Cuban authorities that the EU had concluded that the trials were not conducted in accordance with international human rights standards.

Furthermore thedémarche expressed deep concern about the outcome of the trials, which had seen severe sentences, based on law no. 88 on the protection of national independence and the economy and-or law no. 62 concerning crimes against the independence or territorial integrity of the State. In particular, law no. 88 prohibits the passing of information to a foreign organisation or media, and is thereby in breach of Article 19 of the Universal Declaration on Human Rights. The EU made clear to the Cuban authorities that it rejected the sentences and urged that the trials be conducted again in conformity with internationally-accepted human rights standards and that independent observers be admitted to the courts. The EU reiterated its earlier demands that those detained and convicted – considered by the EU to be prisoners of conscience – be released immediately and that harassment of peaceful members of the opposition come to an immediate halt. The EU Heads of Mission notified the Cuban Government that continued imprisonment and harassment would negatively affect EU-Cuban relations and co-operation.

At the 17 March-25 April session of the UN Commission on Human Rights, four Latin American countries tabled a resolution urging the Cuban Government to admit to its country the personal representative appointed by the UN High Commissioner for Human Rights, and to provide all the facilities necessary for her to be able to fulfil her mandate. Costa Rica proposed the reinforcement of this text by a reference to the recent events in Cuba, expressing deep concern at "the recent detention, summary prosecution and harsh sentencing of numerous members of the political opposition" and urging the Cuban Government "to release all those persons immediately". Ireland supported this strengthening amendment, which unfortunately was defeated by 31 votes to 15, with seven abstentions. The resolution as originally proposed was adopted by 24 votes to 20, with nine abstentions. Ireland voted in favour but declined on this occasion to co-sponsor the text, regarding it as too weak to merit co-sponsorship in view of the omission of the proposed explicit reference to the recent serious damage inflicted on human rights in Cuba. We made it clear that had the Costa Rican amendment been carried we would have co-sponsored the resolution.

As well as expressing our views through our membership of the EU and the UN, Ireland has also made its concern known through bilateral channels. I instructed senior officials in my Department to make known to the Cubanchargé d'affaires in Dublin the very serious view taken by the Government of the recent events. This has been done on two separate occasions.