The following information is additional to that already found in CUB16207.E of 7 January 1994.

Diario Granma states that at 16 years of age, Cubans have to report to their municipal military committee office (oficina de su área de atención del Comité Militar municipal) to formalize the military service registration process (5 Aug. 2002). The call-up for active military service, which takes place when the youth reaches 18 years of age, takes time and preparation; for these reasons, the youth must register at 16 years of age (Diario Granma 5 Aug. 2002). The youth can register for military service at any time during the year he reaches 16 years of age (ibid.). If the youth fails to register during this time, he can be fined (ibid.).

Articles 171 and 172 of the Cuban Penal Code stipulate the penalties for evading military service (Cuba 30 Apr. 1988). Article 171 stipulates that a sentence of three months to one year or a fine of 100 to 300 cuotas will be imposed on [translation] "any authority, public servant or employee who impedes, obstructs or assists to evade, by any means, the fulfilment of the General Military Service obligations of persons under their administrative responsibility" (ibid.). The same penalties will be imposed on those who intend to evade military service and who fail to take the steps required to register themselves for active military service or the reserves (ibid.). Article 172 stipulates that the reservist who fails to respond to the call-up for military service in the case of [translation] "a possible enemy aggression" will face a prison sentence of six months to two years (ibid.).

Two sources report on the mistreatment in prison of persons who had attempted to evade military service (Inside Cuba 16 May 2001; Puente Informativo Cuba Miami 26 Oct. 2001). Inside Cuba reported the case of Randy Cabrera Mayor who was serving a 26-year prison sentence in Guantánamo for treason and for evading military service when he was 18 years old (16 May 2001). The prisoner was allegedly under [translation] "constant harassment" (Inside Cuba May 2001). Puente Informativo Cuba Miami reported on 26 October 2001 that Alexis Peña García served a two-year sentence in the Cuba Sí prison in San Germán, Holguín province, for attempting to evade his military service from his Guantánamo military base. While in prison, Peña García was allegedly forced to walk some days from 6 a.m. to 6 p.m., was forced to spend consecutive days behind bars, suffered humiliations, beatings and a poor diet, and lacked appropriate medical attention (Puente Informativo Cuba Miami 26 Oct. 2001). Many people who fail to fulfil their obligations with regard to military service are sent to the Cuba Sí prison (ibid.).

Please consult the electronic attachment below which contains an excerpt of the United Nations' 17 December 1999 report entitled Civil and Political Rights, Including the Question of: Conscientious Objection to Military Service: Report of the Secretary-General Submitted Pursuant to Commission Resolution 1998/77 for additional information on how persons are called up for military service in Cuba and on penalties imposed to those who evade military service.

Based on visits to the Ministry of the Cuban Armed Forces (MINFAR) headquarters, the Defence Attaché at the Canadian Embassy in Mexico City stated that the penalty for evading military service, which may include a jail sentence or other punishment, would be recorded in the person's military records, but not necessarily in their police records. Additional and/or corroborating information could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Canada. 22 April 2003. Canadian Embassy, Mexico City. Correspondence sent by the Defence Attaché.

Cuba. 30 April 1988. Código Penal de Cuba. http://www.unifr.ch/derechopenal/ legislacion/cu/cpcuba4.htm [Accessed 10 Apr. 2003]

Diario Granma [Havana]. 5 August 2002. "Para llegar a soldado." http://www.granma.cubaweb.cu/2002/08/05/nacional/articulo08.html [Accessed 4 Apr. 2003]

Inside Cuba [Melbourne, Australia]. 16 May 2001. "Cabrera Mayor Bajo Constante Acoso." (PRODOS Institute May 2001) http://www.cubacampaign.org/may2001.html [Accessed 10 Apr. 2003]

Puente Informativo Cuba Miami. 26 October 2001. "Testimonio de un ex-recluso de la prisión militar 'Cuba Sí'."(CubaNet 31 Oct. 2001) http://www.cubanet.org/CNews/y01/oct01/31o3.htm [Accessed 9 Apr. 2003]

Additional Sources Consulted

IRB Databases

LEXIS/NEXIS

World News Connection (WNC)

Internet sites including:

Amnesty International

Canadian Foundation on the Americas (FOCAL)

Center on Conscience and War (NISBCO)

Country Reports on Human Rights Practices for 2002. 2003

The Cuban-American Military Council

Cuba Free Press

Cubapolidata

Human Rights Watch

The Miami Herald. Search engine

Nueva Prensa Cubana

El Nuevo Herald. Search engine

United Nations

US Committee for Refugees

Search engines:

Alltheweb.com
Google

Attachment

United Nations. 17 December 1999. Commission of Human Rights. Civil and Political Rights, Including the Question of: Conscientious Objection to Military Service: Report of the Secretary-General Submitted Pursuant to Commission Resolution 1998/77. (E/CN.4/2000/55). http://www.unhchr.ch/Huridocda/Huridoca.nsf/ (Symbol)/E.CN.4.2000.55.En?Opendocument [Accessed 9 Apr. 2003] Electronic Attachment

United Nations. 17 December 1999. Commission of Human Rights. Civil and Political Rights, Including the Question of: Conscientious Objection to Military Service: Report of the Secretary-General Submitted Pursuant to Commission Resolution 1998/77. (E/CN.4/2000/55). http://www.unhchr.ch/Huridocda/Huridoca.nsf/ (Symbol)/E.CN.4.2000.55.En?Opendocument [Accessed 9 Apr. 2003]

Cuba

Legislative background
1. The performance of military service in Cuba is regulated by the National Defence Act (No. 75) of 1994. The country's recruitment policy calls for the conscription of students when they have completed their secondary education. Provision is made for alternative service. Under article 67 of the Act, recruits can opt to enter the Juvenile Labour Army which constitutes a specialized force that works for economic, social and scientific development, the preservation of the environment and the rational use of natural resources.
2. As part of alternative service, conscripts are assigned to tasks of a non-military character although only after receiving training. Conscripts who have chosen to perform military service but who have religious beliefs that forbid them to handle weapons are exempted from carrying weapons and participating in combat units.
3. Conscripts who fail to perform obligations for unjustifiable reasons or reasons not stated at the appropriate time are liable to financial penalties of a non-criminal character.
4. In extreme cases, conscripts can be brought before civil and even criminal courts. Conscripts found criminally responsible for failing to perform military service may be convicted and sentenced to a minimum of three months and a maximum of one year of imprisonment. Of all the people called up during the reporting period, 1.5 per cent have been fined, a portion of which have also been sentenced to imprisonment.

Application for alternative service

5. Decisions for enlistment in military service are taken by recruitment commissions composed of State officials and representatives from the conscript's place of residence, including representatives of non-governmental organizations. The commissions work with conscripts and their families with the aim of assigning conscripts to the most suitable places. Every year the commissions meet the expectations of only 85 per cent of conscripts; the remaining conscripts receive an explanation for the basis of decisions. Appeals from decisions of the commissions are possible on the grounds of legally justifiable reasons for refusing to do military service. Conscientious objection alone is insufficient.

Access to information on alternative service

6. The various choices of specialized fields within the armed forces and alternative service are publicized in the press and on radio and television. To obtain specific information, conscripts must obtain details by telephoning the Ministry of the Revolutionary Armed Forces.

The granting of refugee status to conscientious objectors

7. Cuba is not a party to the Convention relating to the Status of Refugees nor to its Protocol; however, it has accepted refugees on the grounds of conscientious objection to military service in their country of origin or residence.