FREE THE CUBAN FIVE

Dear Friends of the Cuban Five:


We ask that you read the information below, and then—as soon as possible, for receipt by January 15—write a letter to the UN Human Rights Commission under a special “1503 Procedure” mechanism.

The objective of the letter is to urge a serious investigation and positive resolution by the Human Rights Commission regarding the denial of family visits by the U.S. government to the Cuban Five and their families, especially in the case of Olga Salanueva and Adriana Pérez.

[We ask that you also send a second letter, on the unjust detention of the Cuban Five, using the “1503 Procedure.” See the left-hand page of www.freethefive.org for details in the “Working Group on Arbitrary Detentions’ Conclusion” about the Cuban Five. Use the 1503 procedure listed below to write a letter for the Cuban Five.]

In addition to unjustly imprisoning Gerardo Hernández, Antonio Guerrero, Ramón Labañino, René González and Fernando González, the U.S. government has treated the families in an arbitrary and cruel manner. On the average, the wives, mothers and children of the Cuban Five have only been granted one to two visits per year.

Most egregious has been the permanent denial of entry visas to Adriana Pérez, wife of Gerardo Hernández, and to Olga Salanueva, wife of René González. As a result, Ivette González, the seven-year-old daughter of Olga Salanueva and René Gonzalez, is also deprived of the right to see her father. She is a U.S.-born citizen.

What is the “1503 Procedure?”
The 1503 Procedure is the mechanism whereby individuals can write a letter regarding Human Rights violations. These letters are examined by a Working Group that is in turn designated by the Sub-Commission on the Promotion and Protection of Human Rights. Called the Working Group on Communications, it meets annually to examine complaints received from individuals and groups alleging human rights violations.

Your action can make a difference! Remember that in May of 2005, the Working Group on Arbitrary Detentions made an important finding of unjust detention, unfair trial and imprisonment, and made recommendation to the U.S. government for immediate redress. This important decision was the result of numerous appeals by many individuals around the world on behalf of the Cuban Five.

Your individual letter for the Right to Family Visits is important today!
The deadline for receipt of the letters under “1503 Procedure” is January 15, 2005.

Be sure and write an INDIVIDUAL letter to the U.N., not a petition with multiple signatures. Each person should write their own letter.

You can also read the brochure of the National Committee to Free the Cuban Five, on the Family Visits issue. It is available on our website, and is a good background on Olga and Adriana’s situation.

Important facts to note in your letter are:
a. Olga Salanueva and Adriana Pérez have both been denied an entry visa six times by U.S. authorities.
b. There is no other legal recourse in the U.S. for Perez and Salanueva to appeal the government’s denial of their visas, thus there is no other alternative but an appeal before the Human Rights commission, using 1503 Procedure.

Below are the guidelines for your communication, as described in the UN regulations:

“What are the criteria for a communication to be accepted for examination?
To decide what communications may be accepted for examination, the Sub-Commission on the Promotion and Protection of Human Rights has drawn up rules of procedure (Sub-Commission resolution 1 (XXIV)of 13 August 1971). In general terms, these rules may be summarized as follows:
No communication will be admitted if it runs counter to the principles of the Charter of the United Nations or appears to be politically motivated.
A communication will only be admitted if, on consideration, there are reasonable grounds to believe—also taking into account any replies sent by the Government concerned—that a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms exists.
Communications may be submitted by individuals or groups who claim to be victims of human rights violations or who have direct, reliable knowledge of violations. Anonymous communications are inadmissible as are those based only on reports in the mass media.
Each communication must describe the facts, the purpose of the petition and the rights that have been violated. As a rule, communications containing abusive language or insulting remarks about the State against which the complaint is directed will not be considered.
Domestic remedies must have been exhausted before a communication is considered—unless it can be shown convincingly that solutions at the national level would be ineffective or that they would extend over an unreasonable length of time.“

For more detailed information, click on:
http://www.ohchr.org/english/bodies/chr/complaints.htm

Where to send communications
Communications intended for handling under the "1503" procedure may be addressed to:
Treaties and Commission Branch
OHCHR-UNOG
1211 Geneva 10, Switzerland
Fax: (41 22) 917 90 11
E-mail: 1503@ohchr.org