[Congressional Record (Bound Edition), Volume 156 (2010), Part 3]
[Senate]
[Pages 2975-2976]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE CONCURRENT RESOLUTION 54--RECOGNIZING THE LIFE OF ORLANDO ZAPATA 
TAMAYO, WHO DIED ON FEBRUARY 23, 2010, IN THE CUSTODY OF THE GOVERNMENT 
    OF CUBA, AND CALLING FOR A CONTINUED FOCUS ON THE PROMOTION OF 
   INTERNATIONALLY RECOGNIZED HUMAN RIGHTS, LISTED IN THE UNIVERSAL 
                  DECLARATION OF HUMAN RIGHTS, IN CUBA

  Mr. NELSON of Florida (for himself, Mr. McCain, Mr. Kerry, Mr. 
Menendez, Mr. Dodd, and Mr. LeMieux) submitted the following concurrent 
resolution; which was referred to the Committee on Foreign Relations:

                            S. Con. Res. 54

       Whereas Orlando Zapata Tamayo (referred to in this preamble 
     as ``Zapata''), a 42-year-old plumber and bricklayer and a 
     member of the Alternative Republican Movement and the 
     National Civic Resistance Committee, died on February 23, 
     2010, in the custody of the Government of Cuba after 
     conducting a hunger strike for more than 80 days;
       Whereas on February 24, 2010, the Foreign Ministry of Cuba 
     issued a rare statement on the death of Zapata, stating, 
     ``Raul Castro laments the death of Cuban prisoner Orlando 
     Zapata Tamayo, who died after conducting a hunger strike.'';
       Whereas Reina Luisa Tamayo has asserted that her son 
     Orlando Zapata Tamayo was tortured and denied water during 
     his incarceration and has called ``on the world to demand the 
     freedom of the other prisoners and brothers unfairly 
     sentenced so that what happened to my boy, my second child, 
     who leaves behind no physical legacy, no child or wife, does 
     not happen again'';
       Whereas Zapata began a hunger strike on December 9, 2009, 
     to demand respect for his personal safety and to protest his 
     inhumane treatment by the prison authorities in Cuba;
       Whereas according to his supporters, Zapata was denied 
     water during stages of his hunger strike at Kilo 8 Prison in 
     Camaguey, was then transferred to Havana's Combinado del Este 
     prison, and was finally admitted to the Hermanos Ameijeiras 
     Hospital on February 23, 2010, in critical condition, where 
     he was administered fluids intravenously and died hours 
     later;
       Whereas on February 25, 2010, Freedom House condemned the 
     Government of Cuba for ``the deplorable prison conditions, 
     torture, and lack of medical attention that led to the death 
     of political prisoner Orlando Zapata Tamayo'';
       Whereas Zapata was arrested in 2003 on charges of contempt 
     for authority, public disorder, and disobedience, and was 
     initially sentenced to 3 years in prison;
       Whereas Zapata was later convicted of additional ``acts of 
     defiance'' while in prison and was resentenced to a total of 
     36 years;
       Whereas in 2003, Zapata and approximately 75 other 
     dissidents and peaceful supporters of the Varela Project were 
     arrested during the ``Black Spring'' and were sentenced to 
     harsh prison terms;
       Whereas more than 25,000 Cubans have signed on to the 
     Varela Project, which seeks a referendum on civil liberties, 
     including freedom of speech, amnesty for political prisoners, 
     support for private business, a new electoral law, and a 
     general election;
       Whereas in 2003, Amnesty International designated Zapata as 
     a prisoner of conscience;
       Whereas the Government of the United States raised the 
     plight of Zapata during migration talks on February 19, 2010, 
     and urged the Government of Cuba to provide all necessary 
     medical care;
       Whereas on February 25, 2010, Secretary of State Hillary 
     Clinton said in response to the death of Zapata, ``We send 
     our condolences to his family and we also reiterate our 
     strong objection to the actions of the Cuban government. This 
     is a prisoner of conscience who was imprisoned for years for 
     speaking his mind, for seeking democracy, for standing on the 
     side of values that are universal, who engaged in a hunger 
     strike.'';
       Whereas following the death of Zapata, the Inter-American 
     Commission on Human Rights reported that at least 50 
     dissidents

[[Page 2976]]

     were detained or forced to remain in their houses to prevent 
     them from attending the wake and funeral for Zapata;
       Whereas the Department of State's 2009 Country Report on 
     Human Rights states that Cuba is a totalitarian state with a 
     government that continues to deny its citizens basic human 
     rights and continues to commit numerous serious human rights 
     abuses;
       Whereas Human Rights Watch states, ``Cuba remains the one 
     country in Latin America that represses virtually all forms 
     of political dissent. The government continues to enforce 
     political conformity using criminal prosecutions, long- and 
     short-term detention, harassment, denial of employment, and 
     travel restrictions.''; and
       Whereas in a 2008 annual report, the Inter-American 
     Commission on Human Rights reported that ``restrictions on 
     political rights, on freedom of expression, and on the 
     dissemination of ideas, the failure to hold elections, and 
     the absence of an independent judiciary in Cuba combine to 
     create a permanent panorama of breached basic rights for the 
     Cuban citizenry'': Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) recognizes the life of Orlando Zapata Tamayo, whose 
     death on February 23, 2010, highlights the lack of democracy 
     in Cuba and the injustice of the brutal treatment of more 
     than 200 political prisoners by the Government of Cuba;
       (2) calls for the immediate release of all political 
     prisoners detained in Cuba;
       (3) pays tribute to the courageous citizens of Cuba who are 
     suffering abuses merely for engaging in peaceful efforts to 
     exercise their basic human rights;
       (4) supports freedom of speech and the rights of 
     journalists and bloggers in Cuba to express their views 
     without repression by government authorities and denounces 
     the use of intimidation, harassment, or violence by the 
     Government of Cuba to restrict and suppress freedom of 
     speech, freedom of expression, freedom of assembly, and 
     freedom of the press;
       (5) desires that the people of Cuba be able to enjoy due 
     process and the right to a fair trial; and
       (6) calls on the United States to continue policies that 
     focus on respect for the fundamental tenets of freedom, 
     democracy, and human rights in Cuba and encourage peaceful 
     democratic change consistent with the aspirations of the 
     people of Cuba.

  Mr. NELSON of Florida. Mr. President, today I am submitting a 
concurrent resolution recognizing the life of Orlando Zapata Tamayo, 
who died on February 23, 2010, in Cuban custody, and calling for a 
continued focus on the promotion of internationally recognized human 
rights, listed in the Universal Declaration of Human Rights, in Cuba.
  Mr. Zapata was a political prisoner facing 36 years in prison for 
defying the Cuban regime. Originally arrested during the ``Black 
Spring'' of 2003, along with other peaceful supporters of the Varela 
Project, Zapata was originally sentenced to three years in prison but 
was later convicted of additional ``acts of defiance'' and resentenced 
to a total of 36 years. In 2003, Amnesty International declared Zapata 
a ``prisoner of conscience'' in recognition of his extraordinary 
courage.
  Mr. Zapata went on a hunger strike in December 2009 to demand respect 
for his personal safety and to protest his inhumane treatment by the 
prison authorities in Cuba. According to Zapata's mother, Reina Luisa 
Tamayo, her son was beaten repeatedly, tortured, and denied water 
during his incarceration. While in prison, Mr. Zapata courageously 
demanded basic dignities and resisted the regime's repression. In the 
end, he was prohibited from receiving medical attention and lost his 
life in what Freedom House has called Cuba's ``deplorable prison 
conditions.''
  To Orlando Zapata Tamayo's mother, family and friends, the United 
States Senate sends our sincere condolences for your loss. To Mr. 
Zapata's former colleagues and freedom fighters, we stand in solidarity 
with you in your struggle against the forces of repression and 
totalitarianism.
  While there has been disagreement within this body in the past over 
the most effective way for the U.S. to help the Cuban people, I think 
we can all agree that the United States must continue to support 
policies that focus on respect for the fundamental tenets of freedom, 
democracy, and human rights in Cuba. This resolution reaffirms those 
principles. When we talk about the promotion of internationally 
recognized human rights in Tehran and Pyongyang, we must never forget 
the political prisoners suffering in the cells of Camaguey and Havana.
  According to Human Rights Watch, ``Cuba remains the one country in 
Latin America that represses virtually all forms of political dissent. 
The government continues to enforce political conformity using criminal 
prosecutions, long- and short-term detention, harassment, denial of 
employment, and travel restrictions.'' A Human Rights Watch report on 
Cuban prisoners last year documented how critics of the regime who 
report violations are subjected to extended periods of solitary 
confinement and beatings, and denied medical treatment, family visits 
and telephone calls.
  This resolution calls for the immediate release of all political 
prisoners detained in Cuba and the rights of all Cubans to be able to 
enjoy due process and the right to a fair trial. It also denounces the 
use of intimidation, harassment, or violence by the regime to restrict 
and suppress freedom of speech, freedom of expression, freedom of 
assembly, and freedom of the press. This resolution underscores our 
support for freedom of speech and the rights of journalists and 
bloggers in Cuba to express their views without repression by 
government authorities. These rights are universal, but are all but 
absent in the Cuba of today.
  Orlando Zapata Tamayo's death is a sad reminder of the tragic cost of 
oppression and a dictatorship that devalues human life. At the same 
time, it's a reminder that the Cuban people continue to fight for their 
freedom. Courageous Cubans like Mr. Zapata continue to suffer abuses 
merely for engaging in peaceful efforts to exercise their basic human 
rights. We have seen the regime crackdown on other dissidents and 
political prisoners in the wake of Zapata's death.
  Orlando Zapata Tamayo did not die in vain. Freedom-loving people 
everywhere must hold the Cuban regime responsible for the fate of 
Orlando Zapata Tamayo and for all the political prisoners and 
dissidents in custody in Cuba.

                          ____________________