Appeal: Release all political prisoners in Cuba

On Wednesday 14 January 2025 President Joseph Biden notified the US Congress of his intention to remove Cuba from the US list of state sponsors of terrorism, and in addition to waive Title III of the Helms-Burton Act allowing action before US courts against persons doing business with products confiscated during the Cuban Revolution of 1959 for six months from 29 January 2025, and to rescind the “restricted” list of the 2017 National Security Presidential Memorandum 5 on Cuba policy setting limitations on engagement with Cuban persons and entities. The decision to remove these sanctions, imposed by the Trump administration of 2016-2020, was presented as "necessary to the national interest of the United States” and motivated to “expedite a transition to democracy in Cuba."

Shortly thereafter, the Foreign Ministry of the government of the Republic of Cuba announced the intention of releasing 553 prisoners convicted of “various crimes” in celebration of the 2025 Jubilee of the Catholic Church, after conversations with His Holiness the Pope in the summer of 2024. President Miguel Diaz-Canel declared that the convicted persons would be released gradually over a period of weeks.

These two processes, which may appear from the outside as parts of one deal, have nevertheless been declared by both parties as separate and independent decisions. The Rafto Foundation approves of these declarations, as indeed decisions with such impact on people’s fundamental rights and lives should not be made bargaining chips if it can at all be avoided.

We therefore expect the Government of Cuba to uphold its promise to His Holiness, the detainees concerned, and their families, although the incoming US President Donald J. Trump on 20 January rescinded the decision made by the outgoing President Joseph Biden on 14 January. All 553 prisoners should be released.

We also appeal to the Government of Cuba to recognize that independently of their decision to offer clemency, there are principles and treaties signed by Cuba which should be honoured by releasing not merely the 553, but all political prisoners in Cuba.

Prisoners count as political if their incarceration, their sentences, or the severity of the punishment meted out for them have been influenced by political considerations - or if they have been subjected to less than a fair trial for political reasons.

The exercise of the rights to freedom of speech, organization, and peaceful assembly should be recognized and protected by all states. We therefor raise a special appeal for the immediate and unconditional release of all prisoners incarcerated for their exercise of these rights, or for encouraging others to make use of them, among these the Rafto Human Rights Laureate of 2024 Luis Manuel Otero Alcántara, who was arrested after posting a video online stating that he would join protests in Havana in July 2021, and remains in prison to this day.

Yours sincerely,

Executive Director Jostein Hole Kobbeltvedt, Rafto Foundation for Human Rights
Senior Adviser Iver Ørstavik, Rafto Foundation for Human Rights