Dokument #1063105
IRB – Immigration and Refugee Board of Canada (Autor)
The information that follows adds to that
provided in previous Responses to Information Requests.
According to a source from the
Cuban-American National Foundation's Exodus Project in Miami,
claiming refugee status abroad or leaving Cuba illegally may be
considered an act of treason by Cuban authorities (10 Jan. 1992).
The Exodus Project knows of recent cases in which persons who have
returned to Cuba after leaving illegally and/or seeking asylum
abroad have been jailed. The source added that, although being
charged with treason in Cuba could result in execution, the
organization has not heard of cases of illegal exit or seeking
asylum abroad in which such an extreme penalty has been enforced
(Ibid.).
A source from Americas Watch added that,
although the families of defectors have recently been allowed to
reunite and some travel restrictions have been eased, illegal exit
continues to be, by definition, a punishable offense (10 Jan.
1992). Please find attached copies of pages from News from
Americas Watch dated August 1991 that discuss illegal exit. The
document discusses illegal exit and the easing of travel
restrictions, mentioning that "Cubans who attempt to leave the
country illegally and fail face one to three years in prison" (Aug.
1991, 4).
Americas Watch had not received any recent
(last quarter of 1991) reports on reprisals against those who had
sought asylum abroad and returned to Cuba (10 Jan. 1992). The
source pointed out, however, that the situation for individuals
upon their return (treatment by authorities, charges in court,
etc.) may vary depending on each case (for example, the case of a
civilian who simply left the country illegally could be different
from that of military officers or trusted government agents who
defected with sensitive information or military equipment).
The Embassy of Cuba in Ottawa was not aware
of any changes to the legal sanctions for illegal exit since the
1988 amendments to the Penal Code, although the law may have been
amended very recently (13 Jan. 1992). The source consulted stated
that a conclusive response on this matter requires a written
request addressed to the embassy, which would in turn forward it to
the pertinent authorities in Cuba. The procedure would likely not
produce a response in time to meet your deadline.
Americas Watch, New York. 10 January
1992. Telephone Interview with Researcher.
Cuban-American National Foundation
Exodus Project, Miami.
10 January 1992. Telephone Interview with Representative.
Embassy of Cuba, Ottawa. 13 January
1992. Telephone Interview with Representative. News from
Americas Watch. August 1992. "Behind a Sporting Facade,
Stepped-up Repression."