Cuba: Inter-American Commission of Human Rights grants precautionary measures in favour of Luis Robles Elizástegui

12-08-2022

Patricio Trincado Vera

International Justice and Human Rights Researcher

Global Human Rights Defence

In its resolution 41/2022, the Inter-American Commission on Human Rights requested the state of Cuba to adopt the necessary precautionary measures to protect the rights to life, personal integrity, and to health of Luis Robles Elizástegui. 

Mr. Robles was detained on the 4th of December 2020, when he was taking part in a protest. The security state agents that carried out his detention allegedly used violence against Mr. Robles without informing him about the reasons for his detention. After that Mr. Robles was accused of the alleged crimes of ‘other acts against state security’, ‘enemy propaganda’, and ‘disobedience’. He was charged with 1000 Cuban pesos and put in pre-trial detention during the length of the criminal investigation. Robles was confined to the maximal security prison of Combinado del Este, with highly dangerous inmates. 

In the two years of confinement, Robles has not been allowed to receive visits from his family. His lawyer was allowed to visit him only once in June 2022. The authorities allow him to do sporadic phone calls in which he has denounced that he has been constantly provoked and violated, as well as espisodes of torture and solitary confinement. Furthermore, Robles suffers from chronic gastritis and he needs specific medication, which has been denied by the authorities. 

Article 25 of the Commissions’ Rules of Procedure states that the Commission can request precautionary measures that concern serious and urgent situations that present a risk of irreparable harm. To determine whether this case fulfil these conditions, the Commission must analyse the available information in light of the prima facie standard. With respect to the seriousness of the situation, the Commission considered that the rights to life, personal integrity and health of Robles are in serious risk. With respect to the urgency requirement, considering that the beneficiary is still in detention in dangerous conditions, there is a risk of subsequent violations to his rights, and therefore a need for the immediate adoption of measures. With respect to the irreparable harm, the alleged violations due to their nature constitute a maximum situation of irreparability. 

Sources and Further Reading: 

Inter-American Commission of Human Rights (2022, August 10).La CIDH otorga medidas cautelares a favor de Luis Robles Elizástegui en Cuba. Inter-American Commission of Human Rights Press releases. Retrieved August 12, 2022, from http://www.oas.org/es/CIDH/jsForm/?File=/es/cidh/prensa/comunicados/2022/178.asp

Inter-American Commission of Human Rights (2022, August 10). Resolución 41/22. Retrieved August 12, 2022, from http://www.oas.org/es/cidh/decisiones/mc/2022/res_41-22%20_mc_30-21_cu_es.pdf 

Reglamento Comisión Interamericana de Derechos Humanos. Retrieved August 12, 2022, from https://www.oas.org/36ag/espanol/doc_referencia/Reglamento_CIDH.pdf