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C O N F I D E N T I A L MADRID 000206 
 
SIPDIS 
 
ALEXANDRA MCKNIGHT AND STACIE ZERDECKI, EUR/WE 
RICARDO ZUNIGA AND KIM PENLAND, WHA/CCA 
 
E.O. 12958: DECL: 02/25/2020 
TAGS: PREL PGOV PHUM CU SP
SUBJECT: SPAIN HOSTS HUMAN RIGHTS DIALOGUE WITH CUBA 
 
Classified By: Deputy Chief of Mission Arnold A. Chacon, for reasons 1. 
4(b) and (d). 
 
¶1.  (SBU) SUMMARY:  Spanish officials hosted their Cuban 
interlocutors for a bilateral human rights dialogue February 
18 in Madrid.  This was the fourth round of the dialogue 
created in April 2007 when Foreign Minister Moratinos visited 
Havana.  Moratinos, who did not participate in the latest 
discussions, told the media that the dialogue was a forum to 
talk about "all issues of interest, including human rights." 
He added that the agenda, established by consensus, would 
allow Spain and Cuba to move forward, building trust to 
achieve a higher degree of understanding and cooperation on 
the promotion of and respect for human rights."  Spanish MFA 
contacts confirm press reports that the meetings ended 
without any specific commitments by the Cuban officials.  END 
SUMMARY. 
 
//The Participants// 
 
¶2.  (C) In contrast to previous editions of the Human Rights 
Dialogue, Cuba's delegation this time around were a whole new 
team, led by Cuban Ambassador to Spain Alejandro Gonzalez, 
described by one MFA contact as a "bulldog" (perro de presa). 
 Director General of Foreign Policy Alfonso Lucini headed the 
Spanish delegation, while the Cuban delegation was led 
officially by Director General for Multilateral Affairs, 
Anayansi Rodriguez.  MFA Director General for IberoAmerica 
Juan Carlos Sanchez and DG for the UN, Global Affairs, and 
Human Rights Jorge Domecq also represented Spain.  The Cuban 
Ambassador was "rough" and played a leading and unhelpful 
role, according to Jorge Romeu, the Spanish MFA's Subdirector 
General for Mexico, Central America and the Caribbean.  Romeu 
observed the Cuban side seemed very much on the defensive and 
the atmospherics were worse than previous dialogues in part 
because the Cuban team was new,  and the GOC representatives 
did not want to go the way of the old team (i.e. they were 
intent upon not making the same mistakes as former FM Perez 
Roque had made in being perceived as too close to Spain, 
because FM Rodriguez did not want to end like Perez Roque). 
The Cuba side reportedly mentioned the so-called "Miami Five" 
many times, prompting Romeu to observe that the GOC still 
needed the USG as a foil. 
 
//The Human Rights Agenda// 
 
¶3.  (SBU) On the agenda were the ratification of two 
international Human Rights agreements that Cuba signed in 
¶2008.  Spain also pressed Cuba on the death penalty and 
universal credit review, and asked for information about 
prison conditions and the entire penitentiary population. 
Regarding political prisoners, Spain planned to ask for the 
liberation of all prisoners of conscience, especially those 
with health problems and make a case for those that qualify 
for house arrest.  MFA contacts indicated prior to the 
meeting that some sensitive cases could be discussed at the 
Political Director level. 
 
¶4.  (C) Romeu told poloff February 23 that the portion of the 
dialogue devoted to political prisoners was the most 
sensitive.  The Cuban side resisted Spanish efforts to table 
lists of specific prisoners and later said, "This part of the 
meeting never took place."  The GOS starting position was to 
ask for the release of all prisoners of conscience.  Barring 
that, Spain asked Cuba to consider the cases of approximately 
15 political prisoners in the worst health, another 20 or so 
who might qualify for release and house arrest, and a third 
list of about 20 who might be relocated to penal facilities 
closer to their domiciles.  (Note:  Romeu cautioned there was 
some overlap among the three priority lists.  MFA sources 
quoted in the media confirm that Orlando Zapata Tamayo, who 
died February 23, was among those prisoners named by the GOS. 
 End note.)  When the Cuban delegation refused to receive the 
lists in hard copy, the Spanish proceeded to read the names 
aloud.  Romeu observed the Cubans reacted very negatively but 
did appear to take note of some names.  Ambassador Gonzalez 
behaved like an aggressive "comisario politico," repeatedly 
calling the discussion and process "offensive."  At a 
follow-on dinner, the Cuban ambassador attempted jokingly to 
make amends, saying, "We thought you were going to give us 
eight names."  He suggested he could not have allowed the 
Spanish to read so many names without expressing offense. 
 
 
¶5.  (C) The Spanish viewed somewhat more positively progress 
on other agenda topics.  Regarding the death penalty, Cuba 
maintains a moratorium in place and was firm in its 
commitment not to apply the death penalty, but said they 
could not exclude the possibility entirely.  The Cuban side 
was skeptical of the work and objectivity of special human 
rights rapporteurs, but positively inclined to receive the 
UN's Special Rapporteur on torture, once such a visit could 
be rescheduled.  Cuba had ratified international human rights 
instruments on forced disappearances and the rights of 
children, and maintained that additional agreements were 
under study.  The Cubans were positive about a recent UN 
Human Rights Council session on Haiti, acknowledging the 
impact of natural disasters on human rights issues.  In 
general, the GOC favored strengthening the UNHRC to make it 
more active, but saw no need, with the system of universal 
periodic review (UPR) in place, for special rapporteurs, save 
for countries with "flagrant violations."  Spain expressed 
concern to Cuba over the opaque management of speakers' lists 
at UNHRC sessions, noting that Europeans had been unable to 
speak because countries friendly to perceived human rights 
violators had closed the lists. 
 
¶6.  (C) The Cubans briefed the Spanish on their 
implementation of sports and fitness programs in prisons and 
also boasted increased employment opportunities ("campos de 
trabajo") that had reduced to only a small number those 
prisoners serving in total isolation.  Asked by the Spanish 
about a potential visit to Cuban prisons of the International 
Committee of the Red Cross, the Cubans insisted such access 
was "not in the mandate" of the Red Cross, over the 
objections of Spain.  The Cubans evaded Spanish questions 
about the total prison population and numbers in penitentiary 
centers in Cuba.  Spain believes between six and seven 
percent of the overall prison population is made up of 
detainees who await sentencing.  The Cuban side was 
moderately open to discussing guarantees of release and house 
arrest, as well as regulations governing the number of visits 
that prisoners in various categories are permitted. 
 
//Dissidents Excluded from February 17 Seminar// 
 
¶7.  (SBU) Spanish and Cuban Civil Society representatives, 
NGO's, and legal experts also took part in a January 17 
seminar on human rights, where they were to discuss the Cuban 
penitentiary system, the two international agreements on 
human rights mentioned above, and gender equality.  MFA 
contacts could not confirm which Cuban organizations and 
civil society representatives had been invited to the 
discussion, co-sponsored by two universities in Madrid, but 
admitted that "at least a couple" were NGOs friendly to the 
Cuban Government.  Post's dissident contacts insist that no 
opposition NGOs were invited or ultimately included.  Amnesty 
International (AI), which was listed in initial press 
announcements of the seminar, was never actually invited. 
Angel Gonzalo, spokesman for AI in Spain, told the media that 
because AI has not been allowed in Cuba since 1986, the 
GOC-friendly organizations would not have accepted AI's 
participation.  Therefore, AI representatives met with the 
GOS on February 16, according to media reports. 
Representatives of Cuba Democracia Ya protested in front of 
the European Commission delegation offices in Madrid over the 
inclusion in the seminar of the pro-Castro Hispano Cuban 
Friendship Association Bartolome de las Casas, according to 
the media. 
 
//Comment// 
 
¶8.  (C) Asked how the February 18 Human Rights Dialogue went, 
SubDG Jorge Romeu was candidly not optimistic.  He surmised 
the Cubans' approach going into the dialogue as "the best 
defense is an attack."  Conservative Spanish media were 
openly critical of the lack of reported results, and Romeu 
indicated none would be forthcoming.  Despite their exclusion 
from the preparatory seminar, some Cuban dissident contacts 
take heart from recent and unprecedented signs of GOS 
willingness to meet with human rights activists, citing the 
private meeting January 29 between FM Moratinos's Chief of 
Staff, Agustin Santos, and Blanca Gonzalez, whose son 
Normando Hernandez is a political prisoner in very poor 
health in Cuba.  Gonzalez was in Madrid at the invitation of 
the Damas de Blanco, whose European representative was less 
enthusiastic about the MFA meeting -- insultingly discreet 
and insufficient below the level of Foreign Minister, 
especially after Moratinos had met with two of the wives of 
the so-called Miami Five. 
 
¶9.  (C) MFA contacts insisted the bilateral human rights 
talks had nothing to do with Spanish efforts to change the 
EU's Common Position toward Cuba.  If the Common Position 
were to have come up naturally, however, Spain planned to 
advise Cuban officials that if they were interested in 
replacing the Common Position, they would best be able to 
influence the EU by releasing all political prisoners.  The 
February 23 death of Orlando Zapata Tamayo due to a hunger 
strike while incarcerated has been portrayed by some Spanish 
media as a blow to the Zapatero administration's efforts to 
replace the Common Position.  Following February 24 
expressions of condolences to Zapata's family and friends, 
President Zapatero called publicly (if belatedly) February 25 
on Cuba to respect human rights and to release all prisoners 
of conscience.  Addressing the Presidents of the Foreign 
Affairs Commissions of the Parliaments of the EU Member 
States, Zapatero stated, "We can imagine the suffering of the 
Cuban political prisoners, and must demand from the Cuban 
regime that they release all prisoners of conscience, and 
respect human rights."  He called for the active 
participation of all international organizations in putting 
pressure on any state that does not respect the Universal 
Declaration of Human Rights and the EU's Charter of 
Fundamental Rights and went on to say, "The fight for human 
rights is a priority in every region, under any 
circumstances." 
 
SOLOMONT