Political prisoner Alexander Díaz Rodríguez transferred to forced labor regime

Havana Cuba. – The human rights activist, opponent and 9/11 protester Alexander Díaz Rodríguez was transferred on Friday, April 5, to the forced labor camp known as Area 3 of the Kilo 5 ½ provincial prison in Pinar del Río, according to what he himself reported by telephone on April 6. .

Díaz Rodríguez suffers from a cancerous pathology for which, as he has reported, he does not receive treatment or palliative care, which has led to extreme physical impoverishment. He also suffers from anemia, frequent fatigue and constant weakness. That is why he is unable to work, in addition to the fact that due to his gravity he needs to rest. However, the change to the minimum severity regime is conditional on forced labor, so if you do not comply with this requirement, the measure will be revoked.

As the political prisoner was able to point out previously, an oncologist specializing in Endocrinology who examined him at the general hospital of San Antonio de los Baños, upon verifying that he had cancer, emphasized that his condition required urgent treatment, while pointing out the need for a reinforced diet based on red meat, milk, yogurt and vegetables.

On this occasion, the activist added that due to the degree of malnutrition evidenced by his weight (47 kilograms, just over 100 pounds), the doctor at the Pinar del Río provincial prison also prescribed him diet and rest. Despite this, he stressed, what they serve him in that most rigorous prison facility is nothing other than “a little more rice and some other food.” In addition, he indicated that the medications he needs are scarce in the prison.

Alexander Díaz Rodríguez, 43 years old and resident in the Artemisa province, is a medium technician in Gastronomy. In retaliation for his participation in the popular protests that occurred on July 11, 2021, he was sentenced to six years in prison for the alleged crimes of attack, contempt, and public disorder. In June 2022 he was transferred to the Pinar del Río provincial prison from the Guanajay maximum prison facility, where he was previously held.

Due to his deteriorating state of health, in the case of Alexander Díaz Rodríguez, transfer to a minimum severity regime is not appropriate, but rather an extra-penal license. However, this has been denied on two occasions by the competent authorities, as they claim that there are no elements for his release.

Asked about the matter, lawyer Alain Espinosa, from the Cubalex Legal Information Center, clarified: “In the specific case of Alexander Díaz Rodríguez, the modification to a correctional work regime with confinement must be understood as a form of punishment and discrimination for political reasons. , and not as a promotion within the prison regime. This type of discrimination is expressly prohibited in rule 2 of the Mandela Rules, and is also included within the prohibition of discrimination based on any personal condition or circumstance that implies distinction harmful to human dignity, established in the principle of equality that governs criminal execution in Cuba.”

Likewise, the jurist pointed out: “His serious and publicly known state of health makes him incompatible with the work to be carried out in this type of penitentiary centers. Therefore, what in principle could be understood as a way of guaranteeing the right to access work, in reality constitutes a form of distressing work that violates human dignity, and is expressly prohibited in rule 97 of the Mandela Rules, and in article 108 paragraphs B and C of the Criminal Execution Law.”

“Part E of article 108 of the Criminal Execution Law establishes that work is organized based on the skills, physical capacity and qualification of the inmate. The Mandela Rules, for their part, establish (rule 96) that the opportunity to work will be guaranteed following an opinion of physical and mental fitness issued by a doctor or other competent health professional. Failure to comply with this requirement clearly demonstrates the desire to use work as a way to aggravate the suffering inherent to the deprivation of liberty, an act that is also expressly prohibited in rule 3 of the Mandela Rules,” said the specialist. .

“This is complemented by the specific procedure established in article 148 et seq. of the regulations of the Criminal Execution Law. This regulates that the decision to grant the extra-penal license must be based on a report issued by the medical services of the Ministry of the Interior that contains the specialized criteria regarding their permanence in the place of detention, or not; This report is joined by those related to the legal situation, conduct, compliance time and any other element that is of interest. In the case of Alexander Díaz, all these elements point without a doubt to the need to grant said license to protect his physical integrity, however it has been denied on several occasions.

And he concluded: “The treatment to which Alexander Díaz has been subjected constitutes a form of punishment and discrimination for political reasons. The serious physical and mental suffering derived from the intentional violations of their rights to access health and to have effective legal remedies constitute a form of physical and mental torture, contrary to the principle of humanism that should govern criminal execution, and that is expressly stated. established in the Annex to the Criminal Execution Law itself.”

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