After a first letter that was never answered by Cuba
Madrid, 11/20/2019
13 MEPs from 4 European Parliament political formations (Renew Europe, Socialists, Popular and Conservatives) have sent a second letter to the Permanent Ambassador of Cuba in the European Union, Norma Goicochea Estenoz, to claim for the rights violated to José Daniel Ferrer.
“We are addressing you once again as our letter dated October 25, 2019, has had no response.” So, it begins the letter that reminds the Ambassador that in the response to Habeas Corpus “not only was his freedom [of José Daniel Ferrer] denied, but no information was given on the Prosecutor’s indictment nor any information on his whereabouts and physical situation, and also denied was any information on the criminal grounds of his detention”, an unusual fact that contradicts the same intrinsic nature of Habeas Corpus as a procedure.
They also remind her that the Committee on Forced Disappearances of the United Nations sent an urgent action on José Daniel Ferrer, as well as on his companions, binding since Cuba is a signatory and has ratified the Convention of said Committee, where it was strictly indicated that Cuba should “send information on the measures taken in relation to each of the concerns and recommendations highlighted in this verbal note before November 12, 2019”, a fact that Prisoners Defenders confirmed had not happened at later dates.
They indicate about José Daniel Ferrer, likewise, that his “state of health is delicate, due to a hunger strike that began from his capture and that presents features of torture, which can be seen throughout his body, torture that was already denounced by Ferrer himself through a brief note that he managed to get out of prison and that was made public on November 2. The authorities have denied him proper medical attention. Cuban authorities have been imprisoning, harassing and intimidating José Daniel Ferrer García for more than a decade because of his political activism. In 2018, he was held incommunicado for 10 days.”
All these actions, indicate, “are contrary to the provisions of Articles 1 (5) and 22 of the Agreement on Political Dialogue and Cooperation between the European Union and its Member States and the Republic of Cuba, on Democracy and Human Rights“, and likewise “the facts described flagrantly violate the numerous articles of various agreements and universal human rights treaties, such as:
- Universal Declaration of Human Rights, in its articles 3, 5, 6, 7, 8, 9, 10, 11, 12, 19, 20 and 25.2.
- International Covenant on Civil and Political Rights, in its articles: 2, 9, 10, 12, 14, 15, 17, 18, 19, 21, 22, 24 and 26.
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in its articles: 2, 6, 10, 11, 12, 13 and 14.
- International Convention for the protection of all persons against enforced disappearances, in its articles: 1, 3, 6, 10, 12, 14, 15, 17, 18, 19, 22 and 25.”
Conclusions
As a conclusion to the letter, MEPs indicate that “For the foregoing and in accordance with the rules and treaties mentioned above, we ask that:
- Given the absence of charges against José Daniel Ferrer García, he shall be released;
- In any case, José Daniel Ferrer García is guaranteed immediate access to a lawyer of his choice and to be able to communicate with his family, as well as access to all documentation related to his detention and alleged cause, such as records, reports and conclusions. issued by all parties, and in particular the police authority, the criminal investigation officer, the prosecution and the court that issued provisional imprisonment against José Daniel Ferrer;
- Ensure that Daniel Daniel Ferrer García has immediate access to an adequate medical examination, if requested, and to the medical care he needs.”
The signatories
The signatories of the letter, with a brief indication of one of their positions in the European Parliament, are:
- Javier Nart, Renew Europe, Vice-President of the Delegation for Relations with the Countries of Central America. This delegation is the one that is competent for Cuba.
- Nathalie Loiseau, Renew Europe, President of the Subcommittee on Security and Defense and Vice-President of the Delegation for Relations with the NATO Parliamentary Assembly.
- Hilde Vautmans, Renew Europe, Member of the Committee on Foreign Affairs.
- Jordi Cañas, Renew Europe, Vice-President of the Delegation in the Euro-Latin American Parliamentary Assembly
- Martin Horwood, Renew Europe, Vice-President of the Renew Europe Group.
- Phil Bennion, Renew Europe, Member of the Committee on Foreign Affairs and the Subcommittee on Human Rights.
- Dita Charanzová, Renew Europe, Vice-President of the European Parliament for Latin America.
- Pascal Durand, Renew Europe, Member of the Committee on Constitutional Affairs.
- Hermann Tertsch, Vice-President of the Group of European Conservatives and Reformists, Vice-President of the Delegation in the Euro-Latin American Parliamentary Assembly and Member of the Committee on Foreign Affairs.
- Julie Ward, Group of the Progressive Alliance of Socialists and Democrats in the European Parliament, Vice-President of the Committee on Culture and Education.
- Petras Austrevicius, Renew Europe, Member of the Committee on Foreign Affairs.
- Leopoldo López, Group of the European People’s Party, Vice-President of the Delegation in the EU-Chile Joint Parliamentary Committee, and Member of the Subcommittee on Human Rights and the Delegation in the Euro-Latin American Parliamentary Assembly.
- Cristian-Silviu Busoi, Group of the European People’s Party, Vice President of the Committee on the Environment, Public Health and Food Safety.
View / Download the letter:
José Daniel Ferrer’s case chronological history
- October 1 arrest report:
https://drive.google.com/open?id=1ZXQ6qmt1DjwHxNteSJet0zs3ganzCJeX - First reactions: OAS and Amnesty International:
https://drive.google.com/open?id=1dVTjSKWuRGG42TDqJQ5Jn0sOGH3_LHW8 - Habeas Corpus presented in favour of José Daniel Ferrer:
https://drive.google.com/open?id=1srvvps3p0avWIv2Ktsrd77M7-PEGb-sU - Response to Habeas Corpus denying freedom and denying information on the cause (the answer is a violation of the Habeas Corpus principle, as indicated by the United Nations in José Daniel Ferrer’s case):
https://drive.google.com/open?id=1uGhkX50Hfo3GqFqkgI-sxzRPWaiSN0lV - Reaction and mandate to Cuba from the Committee against Enforced Disappearances of the United Nations (José Daniel Ferrer):
https://drive.google.com/open?id=1lgDxYWSR9fRJC61DP9ISY5IZ5PiCO5FC - Reaction and mandate to Cuba from the Committee against Enforced Disappearances of the United Nations (José Pupo Chaveco):
https://drive.google.com/open?id=10Trp-hZqH2YS_CE_LwN9TdWtjehPEfCK - Reaction and mandate to Cuba from the Committee against Enforced Disappearances of the United Nations (Fernando González Vaillant):
https://drive.google.com/open?id=1g8zWjqvltkWmUfP5KD5J9hXwVMZqlyvz - Unsuccessful call to action to the European Union:
https://drive.google.com/open?id=1XzO1DSAU7aUE05Q7RMUMQYV891IZ-v6- - Letter of José Daniel Ferrer from prison:
https://drive.google.com/open?id=1yk9EFKye8zlznIB_Y8Jj8gningTu6orZ - First visit to José Daniel Ferrer and verification of torture:
https://drive.google.com/open?id=1ERVPBa7dba9fVgb4BcghKEv31Y-fuwlN - Gloria Zárraga’s visit to Roilán Zárraga: “We want to disappear Ferrer to end the opposition in Cuba”:
https://drive.google.com/open?id=1iwmWNcQqjSoukUPsJS8TIagtQwqpLtre - Delivery of a fabricated document on the cause of José Daniel Ferrer to Nelva Ortega, his wife:
https://drive.google.com/open?id=1hWkiBmANiFmD_HhAjTiaqJt-TR8Ht9Er