Distribute and Act on to Save the Live of El Sexto
Danilo Maldonado Machado, also known as “El Sexto” (The Sixth) is a graffiti artist in Cuba, imprisoned since December 25, 2014 for attempting to perform an artistic action in a public space.
Danilo has spent 9 months in the Valle Grande prison, charged with the crime of Contempt, and is waiting for a judicial process, where he faces a possible sentence of 1 to 3 years imprisonment.
For six years Danilo has suffered police harassment, successive arbitrary arrests, detentions for more than 72 hours, searches of his home and confiscation of his works and his working materials. He suffers from bronchial asthma and has been affected by pneumonia.
- We remind the Cuban authorities that the right to freedom is indispensable for expression and artistic creation in virtue of Articles 19 and 27 of the Universal Declaration of Human Rights; protected by Article 15 of the International Covenant of Economic, Social and Cultural Rights, and Article 19 of the International Covenant on Civil and Political Rights, to which Cuba is a signatory and both of which are considered binding.
- We insist that the authorities eliminate the restrictions on freedom of expression, association and peaceful assembly.
- We express our concern because Danilo Maldonado has been detained solely for exercising his artistic activity, and urge that he be released immediately and without conditions, because he is a prisoner of conscience; he has been confined for his peaceful activism in the rescue of fundamental freedoms in Cuba.
- We insist that the Cuban authorities drop the case immediately.
- We ask the Cuban authorities to stop harassing and intimidating all the rest of the citizens who peacefully exercise their rights to freedom of expression and peaceful association.
- We insist that the Cuban authorities promote and protect the right to freedom of artistic creation, and the right to participate in the cultural life, to access culture and respect for cultural diversity.
The graffiti artist and activist Danilo Maldonado Machado, known as “El Sexto” (The Sixth), was arrested on December 25, 2014, when he took two animals painted with the names of Fidel and Raul and was about to drop them off in Havana’s Central Park, usually crowded, for a street intervention. He is formally charged with “Contempt”  and is awaiting trial. He faces a sentence of 1 to 3 years in prison.
The right to participate in public demonstrations is not recognized in the Cuban Constitution nor is it legally developed. The Penal Code, protecting individual rights  includes the right to demonstrate and sanctions anyone who, in violation of the law, impedes the holding of a lawful meeting or demonstration, or a person from attending them. If the crime is committed by a public official, it is an abuse of office and the penalty is doubled.
However, the legal body  itself considers that a crime is committed against public order by anyone who participates in meetings or demonstrations held in violation of the dispositions that regulate the exercise of this right, dispositions that do not exist. Sanctions are tripled for the organizers.
There is no procedure to notify or solicit authorization to hold a protest, nor legal recourses to appeal the refusal. However, there are frequently marches along central avenues, called and organized by the government itself, with a marked political-ideological character. The restrictions imposed on this right by the state, are not provided in law.
The situation of human rights in Cuba has deteriorated sharply in recent months, with ever more repressive practices entrenched mainly against the Ladies in White dissident movement and the activists who support them, and the government’s contempt has become ever more flagrant toward the recommendations made by the States parties before the Universal Human Rights Council during the periodic review, in which the priorities are the ratification and implementation of the Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, and their optional protocols.
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