International justice sought for Cubans

International justice sought for Cubans
Wednesday, May 3, 2006

Dr Luis Luarca, who recently went on hunger strike to protest the lack
of human rights in Cuba and the Cayman Islands, has written to the
United Nations High Commission of Refugees (UNHCR) to ratify a previous
petition to take the Cayman Government to the International Court of
Justice.

In an email to Kolude Doherty, Regional Representative of UNHCR for the
United States of America and the Caribbean, he referred to a Cayman Net
News article, “Cuban boat-ramming ignored”, published on 27 April.

In the article, a Cuban refugee claimed Cayman authorities ignored
allegations that a vessel full of Cuban migrants, including children,
was rammed and damaged by a Cayman police vessel, and that officers also
pointed guns at the Cubans.

Dr Luarca wrote in his email to the UNHCR that Cayman was violating the
human rights of Cubans.
“The article is showing one more time that the Cayman Islands Government
have not a serious intention in the promotion and protection of Human
Rights,” Dr Luarca wrote.

“Therefore, I want to ratify (please) my previous petition or suggestion
to take the Cayman Islands Government to the International Court of
Justice, as it is possible by using the Article 38, Settlement of
Disputes (from Chapter VII of the Convention Relating to the Status of
Refugees).

“This along with my previous protest will be the only way to teach the
authorities of this country to respect the Human Rights.”

Dr Luarca quoted the specified article: “Any dispute between Parties to
this Convention relating to its interpretation or application, which
cannot be settled by other means, shall be referred to the International
Court of Justice at the request of any one of the parties to the dispute.”

Dr Luarca also raised his concerns that a Government Minister sits on
the Human Rights Committee here.

“The very first issue that needs to be solved is that the Cayman Islands
Government should not be part of Cayman Islands Human Rights Committee
(CIHRC), due to the Conflict of Interest that this represents.”

Dr Luarca also suggested a review to ensure that suggestions made by
UNHCR Protection Officer Sandrine Desamours concerning the asylum
seekers in the Cayman Islands are being followed.

“I will appreciate if the proper authorities of Amnesty International
could develop an Urgent Action to protest the lack of respect for Human
Rights in the Cayman Islands, with the intention of helping the
Government of the Cayman Islands to improve the Human Rights,” he wrote
to Mr Doherty.

On Friday 28 April Dr Luarca also received good news for his cause when
Jennifer King from the Legal Aid Department told him he had been granted
Legal Aid to take the case to the Courts.

Dr Luarca also noted that the police should not be the only people
investigating the boat ramming accusations.

“We should be fair to the truth and ask the Cayman Islands Human Rights
Committee, and All Other Government Departments, to help to clarify the
situation. What did they do to know the truth?” he asked.

“It is unfair trying to put All The Responsibility for the investigation
about the possible Cuban boat ramming situation on the hands of the
Royal Cayman Islands Police Service. Gordon Barlow, a member of the
CIHRC has also expressed concern over the alleged boat-ramming incident.

“The survivors of the incident tell a disturbing story. The reported
failure of the Police to take evidence from the survivors is equally
disturbing,” he said.

“Whenever there is no proper, public enquiry - and no charges brought
against officers waving guns around - then people will automatically
think ‘cover-up’.”

He continued, “There is a lot that needs to be looked into. I would like
to see a special independent Commission of Enquiry; I wonder if the
Governor would allow one?

“Cuban refugees are entitled to protection from human-rights abuses as
much as anybody else is,” said Mr Barlow.

nicky@caymannetnews.com

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