E/CN.4/1993/62
page 25
In our country this religious sect is an unlawful association, whose
members are known for their anti-social behaviour and who, in many cases, even
engage in incitement to break the law and in the desecration of patriotic
emblems, since they regard themselves as foreigners in their own country. In
cases involving the above-mentioned criminal behaviour, as occurred in some of
the cases mentioned in your communication, the following articles of the
current Penal Code are applied: article 207, paragraph 1 (Incitement to break
the law); article 208 (Unlawful associations, meetings and demonstrations);
article 210 (Possession of illegal printed matter).
On the other hand, the right of citizens to practise the religion of
their choice and to worship without any limitations other than respect for
public order and the law, as established in article 54 of the Constitution, is
fully respected.
I should also like to refer to our note of 1 October 1990, in reply to
your note G/SO 214 (56-4) of 25 July 1990 in which the legal and social
protection extended to religions and religious beliefs is explained in detail.
As you are aware, to question the implementation of the legal provisions
in force in any State implies interference in its internal affairs; such an
act is incompatible with international law and its rules.
As may be seen, the allegations contained in the cases concerning which
we were asked for information appear to form part of the campaign which is
being conducted against Cuba, using the issue of human rights tendentiously
and for political ends.
Nevertheless, in answer to your request, we attach the data relating to
these cases.
Emilio Rodríguez was brought before the courts for engaging in propaganda
and reproduction of documents for the illegal Jehovah’s Witnesses sect, but in
view of his psychological condition, it was decided not to imprison him but to
confine him to his home. The court sentenced him to one year’s house arrest
for the offence of possession of illegal printed matter.
Mabel López González, Fidel Díaz Pacheco, Alberto Bárbaro Villavicencio,
Narciso Ramírez Lorenzo, Alfredo Falcón Moncada and Mercedes Feito Paredes are
Jehovah’s Witnesses who engaged in illegal propaganda for that sect, but they
were not sentenced to imprisonment, and the latter two even left the national
territory legally on 6 June 1991.
Marcela Rodríguez, Paulino Aguila Pérez and Guillermo Montes were fined
for the same offence of illegal and antisocial propaganda in August 1990.
Ramón López Peña was not, since the complaint received apparently contained a
mistake, this being the name of a martyr of the Cuban Border Brigade who was
foully murdered by United States soldiers in 1964 when performing his duty at
the naval base illegally occupied by the United States at Guantánamo. In his
honour, the rural community where, coincidentally, these members of the
Jehovah’s Witnesses sect live, was named after him.