Cuba: Current information on penalties for illegal departure and claiming refugee status abroad
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1992 |
| Citation / Document Symbol | CUB10032 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Cuba: Current information on penalties for illegal departure and claiming refugee status abroad, 1 January 1992, CUB10032, available at: https://www.refworld.org/docid/3ae6abf128.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
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.
Bibliography
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."
Attachments
News from Americas Watch. August 1992. "Behind a Sporting Facade, Stepped-up Repression," pp. 3-4.
