Brussels, November 26th, 2019
Esteemed members of the European Parliament:
First of all, I’m pleased to congratulate you on your election for this new legislature of the European Parliament. By doing so, I’m forwarding to you the disposition of Cuban authorities to continue to dialogue with the MEP, on a basis of unconditional respect for International Law, for the United Nations Chart, and for all the principles and engagements reaffirmed by the Political Dialogue and Cooperation agreement existing between Cuba, the EU and its Member States.
I allow myself to send you this letter regarding the debate you will be celebrating in plenary session, on “cases of breaches of human rights, democracy and the rule of law” where the case of the Cuban citizen José Daniel Ferrer García has been included.
In this regard, I am pleased to inform you that this citizen was detained by the competent Cuban authorities on October 1st, following an accusation of Sergio García González, who has denounced Ferrer and other three citizens for kidnapping and beating him so hard he had to be hospitalized. This is the cause of Ferrer’s imprisonment, and in correspondence to the Cuban law, he will remain so until trial.
Ferrer’s behavior is a clear attempt against human dignity, a principle recognized by the Treaty of Lisbon in relation to the international actions of the Union, as well as the respect for the Rule of Law and the universality and indivisibility of Human Rights, shared and preserved by my country.
It is essential to know that the United States administration is implementing and conducting from Washington a new campaign of lies and discredit against Cuba, as part of their policy of crescent hostility against my country, with the unscrupulous support of mass medias.
In this occasion, the detention of this Cuban citizen has served as pretext for this campaign. Ferrer has a long history of crimes and felonies linked to violent actions: his criminal records date back to 1993 and have increased in the last years. Among registered actions are violent assault against other citizens, both men and women, as well as public disorder. It is no news that the U.S Government uses this kind of person to carry out this type of subversive policy and discredit campaigns against Cuba.
The Embassy of the United States, under the open leadership of the Head of the Diplomatic Mission, has played a key role in accompanying, orienting and financing the actions of José Daniel Ferrer, hence interfering in the internal affairs of Cuba as they incite this citizen to violence, to public disturbances and to a complete disregard of the law enforcement agencies.
The U.S diplomatic representation, in particular his Chargée d’Affaires, could concentrate efforts in fostering bilateral links or in watching over the interests of their people and government, or even in promoting pacific relations between the States. Nevertheless, during the last months, they have focused on the failed purpose of recruiting mercenaries, promoting division and confusion amongst our people. Furthermore, they have been trying to calumniate and discredit the administration of the Cuban Government and the Revolution through the application of coercive measures on those economic sectors they have identified as key ones.
I am quite sure you will strongly reject such violation of the principles governing relations between the states, since you are all committed to the respect of International Law and to the purposes and principles enshrined in the United Nations Chart, in particular the article 1.2, related to the purpose of developing “friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace”.
Esteemed MEPs,
I am convinced that you know my country does not allow arbitrary detentions, that they are carried out in accordance with criminal procedure and in full compliance with the broad guarantees of due process, as recognized in our legal system, and enshrined in the Constitution of the Republic; and in Law No. 5 of 1977, “Law on Criminal Procedure”, Law No. 62 of 1987, “Criminal Code”, Law No. 82 of 1997 “Law of the People’s Courts”, Law No. 83 of 1997 “Law of the Chief Prosecutor”, and the findings and instructions of the Board of Governors of the People’s Supreme Court.
In Cuba, as in many other countries where the Rule of Law prevails, the procedures and circumstances justifying a detention are established by the law. This also applies for the time the detainee should be kept under precautionary measures, the moment in which a criminal process should begin, or if he/she should be set free.
The decision to continue or to stop a criminal process is considered by the competent authorities in each case, in accordance to all the guaranties recognized by our laws, on the basis of the application of a rational, objective, preventive and individualized criminal policy. This attempt to present a common criminal as a defender of human rights is regrettable.
According to the established procedure for his current legal condition, the Cuban citizen José Daniel Ferrer has been visited by his wife and children, he has had medical attention when needed and has exercised regularly. Upon request, he has also been granted religious assistance. I can assure you that all references to physical disappearance, torture, physical abuse or malnutrition are false. Those lies have been deliberately conceived and oriented by the US Government and their Embassy in Havana.
In this context, I would like to draw your attention to the fact that Cuba is a State Party to 44 international instruments, including numerous human rights instruments, fully complying with the obligations derived from them.
We also comply with the contents of the Political Dialogue and Cooperation Agreement. In this regard, I would like to remind you that we have celebrated dialogues on Human Rights with the European Union, even before the signing and entry into force of the aforementioned Agreement. As you certainly know, during the last of the Dialogues held on 3 October, we debated extensively over issues of civil and political rights, as well as economic, social and cultural rights, both in Cuba and in the European Union. Therefore, I reiterate my country's full commitment to the provisions of the ADPC.
My country has set an example to many in regard to the defense, development and promotion of all human rights for all people, in total adherence to the principle of universality and indivisibility of these rights.
While reiterating to you our willingness to enter into a permanent dialogue with the members of the European Parliament on the basis of equality, reciprocity and mutual respect, I seize this opportunity to greet you cordially.
Norma Goicochea Estenoz
Embajadora