Cuba’s Continuing Injustice: Demanding the Release of Wrongfully Convicted Prisoners of Conscience

The Continued Arbitrary Detention of Luis Manuel Otero Alcántara and Maykel “Osorbo” Castillo Pérez

Amnesty International Calls for Immediate and Unconditional Release

Amnesty International issued a statement today, demanding the immediate and unconditional release of artists Luis Manuel Otero Alcántara and Maykel “Osorbo” Castillo Pérez. The two artists have been unjustly sentenced to five and nine years in prison, respectively, in a legal process that did not respect the guarantees of a fair trial. The organization argues that their continued arbitrary detention is part of a pattern of repression in Cuba, aimed at silencing activism and curbing freedom of expression.

The Context of the Arrests

Maykel Castillo Pérez, also known as “Osorbo,” is a musician and human rights activist. He is co-writer of the song “Patria y vida,” which criticizes the Cuban government and has become an anthem of protest. He was detained at his home on May 18, 2021, by security officials and has been held in prison since then.

Luis Manuel Otero Alcántara is a member of the artistic collective Movimiento San Isidro, which has been vocal in its opposition to a law that censors artists. He was arrested on July 11, 2021, in Havana, shortly after announcing in a video that he would join the peaceful protests demanding a change in living conditions in Cuba. These protests, which took place in dozens of cities, saw thousands of people expressing their discontent with the shortage of food and medicine, the inadequate electricity system, and the restrictive measures imposed in response to the Covid-19 pandemic. The authorities responded with a wave of repression, resulting in the arbitrary and violent detention of hundreds of individuals.

Criminalization of Dissent

Amnesty International has documented the detention of Luis Manuel Otero Alcántara and Maykel “Osorbo” Castillo Pérez and has classified both artists as prisoners of conscience. They have been deprived of their liberty solely for peacefully exercising their human rights. The charges brought against them, such as “contempt” and “public disorder,” are commonly used by the Cuban government to criminalize activists and political opponents. Amnesty International criticizes the Cuban courts’ lack of genuine independence, particularly in politically motivated cases, where convictions of dissidents are virtually guaranteed. Trials are conducted behind closed doors, without public access, and the court’s use of inconsequential aspects of the accused’s life as evidence further highlights the absence of a fair trial.

The Cruelty of the Cuban Government

Erika Guevara-Rosas, Americas director at Amnesty International, views the convictions of Luis Manuel Otero Alcántara and Maykel “Osorbo” Castillo Pérez as a sign of the cruelty that President Díaz-Canel’s government is willing to inflict on anyone who criticizes the authorities. In addition to charges of “contempt” and “public disorder,” Luis Manuel was accused of “insulting national symbols,” and Maykel of “defaming institutions, organizations, heroes, and martyrs.” These charges unduly restrict the right to freedom of expression guaranteed in international human rights law.

The Inadequacy of the Cuban Penal Code

Amnesty International points out that the new Cuban Penal Code, which came into force in December 2022, not only retained provisions that criminalize dissent but also increased the minimum penalties for these crimes. The definitions of these crimes in the Criminal Code are ambiguous and are used arbitrarily to justify imprisoning individuals for acts that should not be considered crimes, such as criticizing or insulting an authority.

Recommendations and Conclusion

Amnesty International calls for the immediate and unconditional release of Luis Manuel Otero Alcántara and Maykel “Osorbo” Castillo Pérez, asserting that their sentences were the result of a farcical trial devoid of any respect for the minimum guarantees of a fair hearing. The organization also urges the Cuban government to ensure that neither the prisoners nor their families or associates face repression for seeking justice in these cases.

In addition to these specific demands, Amnesty International highlights the need for the Cuban government to take measures to guarantee the independence of the judiciary and the Attorney General’s Office. The organization condemns the Cuban government’s use of the criminal justice system to repress the population and emphasizes the importance of respecting freedom of expression and human rights.

The continued arbitrary detention of individuals who peacefully express their dissent creates a chilling effect on activism and threatens the fundamental principles of democracy. As the world watches, it is imperative for the international community to prioritize the protection of human rights and advocate for the release of Luis Manuel Otero Alcántara, Maykel “Osorbo” Castillo Pérez, and all other political prisoners in Cuba.

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