Release of Cuban Prisoners Framed as "Early Release Benefit," Not Amnesty or Pardon

The Cuban government has announced the release of 553 incarcerated individuals under what it describes as an "early release benefit," distancing itself from terms like "amnesty" or "pardon," typically linked to acts of reconciliation or forgiveness. Despite the seemingly positive news, the decision has stirred controversy as it does not absolve the prisoners of their criminal sentences, and those released remain under stringent supervision.

This clarification was provided by Maricela Sosa Ravelo, Vice President of the Supreme People's Court, during a conversation with host Humberto López on the Cuban television program ‘Revista Buenos Días’ this Wednesday morning. According to the official, the measure aligns with Cuba's Penal Execution Law and is based on humanitarian and social reintegration criteria outlined in the current legislation, which the island's penitentiary authorities "typically" consider.

Understanding the Differences: Not Amnesty or Pardon

Sosa Ravelo highlighted that, unlike amnesty and pardon, the "early release benefit" does not eliminate the criminal sentence. Amnesty involves a complete annulment of the penalty, granted by the National Assembly of People's Power. Pardon, on the other hand, is a prerogative of the president of the Republic, following a request to the National Assembly. In both instances, recipients are freed from any criminal obligation or supervision.

Conversely, early release necessitates ongoing oversight by the court and other entities such as the police and prevention groups. Should the released individuals fail to meet established requirements, they may be returned to prison to serve out their sentences.

Criteria and Gradual Implementation

The newly announced measure is part of a "humanitarian and reintegration policy," according to Sosa Ravelo, allowing those who meet specific criteria to access penitentiary benefits. These include good behavior, social reintegration, and, in certain cases, health conditions or advanced age.

For instance, individuals under 20 years old may qualify for the benefit after serving a third of their sentence. The same criterion applies to first-time female offenders. Those with criminal records or recidivism must serve at least two-thirds of their sentence before being considered. The Vice President emphasized that this practice is common within the Cuban judicial system, although it has gained attention due to the number of beneficiaries and international media interest, particularly in light of Cuba's relations with Pope Francis, who was reportedly informed of this measure.

Political or Common Prisoners?

The official statement avoided labeling the beneficiaries as political prisoners, a category the Cuban regime denies. According to Sosa Ravelo, those released were convicted of crimes such as theft, burglary, public disorder, assault, and, in some cases, sedition. She asserted that sedition is not a political crime but an attack on the country's constitutional order.

International entities like Amnesty International and human rights groups have criticized this stance, arguing that sedition has been used to persecute dissenters and peaceful protesters. They believe the release should extend to all political prisoners, including those jailed after the July 11, 2021 protests and other recent events.

Scrutiny Underway

The move has been met with skepticism both domestically and internationally. While the regime presents it as an act of humanity and legality, critics argue it is a political propaganda maneuver, especially following the recent removal of Cuba from the U.S. list of state sponsors of terrorism and the partial easing of some sanctions.

The release process will also be gradual. As noted by the Vice President of the Supreme People's Court, each case must be individually assessed by a collegiate tribunal, based on reports from penitentiary, prosecutorial, and other authorities.

International Context

This mass release occurs amid mounting international pressure on the Cuban regime to enhance its human rights record. The U.S.'s recent decision to ease sanctions and remove Cuba from international blacklists has raised expectations for deeper reforms. Meanwhile, organizations like Amnesty International continue to advocate for the unconditional release of all political prisoners on the island, arguing that any measure failing to annul sentences or ensure full rights for those released is insufficient.

With this announcement, the Cuban regime seeks to project an image of openness and dialogue, yet doubts remain about the true intent and impact of these measures in a nation where control and repression remain foundational to the political system.