Dozens of Cubans expelled from Ecuador

Dispatches: Dozens of Cubans expelled from Ecuador

Asylum seekers were among those judges ruled to have deported.
BY JOSÉ MIGUEL VIVANCO
Human Rights Watch Executive Director, Americas Division

Ecuador's National Police and immigration officials detained 149 Cubans
last Wednesday. The Cubans had been sleeping in tents in Ecuador's
capital, Quito, to protest their inability to obtain a special
humanitarian visa from Mexico that would allow them to travel to the US
border, and from there seek asylum in the United States. The police were
attempting to disperse the protest.

The Ecuadorian government said that as of July 11, a total of 75 Cubans
had been sent back to Cuba and 22 had been released and authorized to
remain in Ecuador.

The government claimed the detainees' rights were respected. The Cubans,
however, were held for hours in a Quito court office charged with
evaluating whether detainees were committing a crime when they were
detained, according to human rights lawyers who sought to provide legal
assistance to them. The Cubans were unable to talk to their families or
lawyers and did not receive any food or water, the lawyers said.

Starting the day after their arrest, July 7, judges conducted a series
of deportation hearings in which detainees reportedly only had a few
minutes to present their defense. Lawyers reported that they were able
to talk to the detainees just minutes before the hearings, and that
amongst the detainees there were Cubans who had previously requested
asylum, others who requested asylum during the hearing, and some who had
legal permits to stay in Ecuador.

The judges ruled to deport dozens of Cubans, including asylum seekers.
The judicial deportation decisions were sent to Interior Minister José
Serrano for his approval. A habeas corpus request filed by human rights
lawyers for all detainees remained pending when the deportation
decisions were adopted.

Ecuadorean human rights defenders documenting the deportations told
Human Rights Watch that some of those deported had requested asylum, and
the deportations happened before they had an opportunity to appeal the
deportation decision.

Under international law, the Ecuadorean government has the fundamental
obligation to respect the principle of nonrefoulement – no forcible
return of a refugee to a place where his or her life or freedom would be
threatened. It also should uphold its due process obligations and allow
asylum seekers to have a fair consideration of their claims for
protection. Any measure that runs counter these obligations violates
fundamental rights and should be strongly condemned by regional
governments, the United Nations office in Quito, and the UN High
Commissioner for Refugees.

Source: Dispatches: Dozens of Cubans expelled from Ecuador | In Cuba
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