Knaul’s letter is included in the communications section of the report she presented to the UN Human Rights Council, currently meeting in its 20th session in Geneva, EFE reports.
The special rapporteur expressed her concern over Cuban authorities’ lack of access to all the evidence available and documentary files, and the fact that writs of habeas corpus presented by Five’s defense lawyers are to be considered by the same judge who was previously in charge of the cases.
Knaul calls attention to the implications that this could have in terms of an impartial result.
"I have been informed that Gerardo Hernández, whose habeas corpus proceedings are underway, was allegedly denied access to legal documents related to his case," she states.
The UN special rapporteur on the independence of judges and lawyers communicated with Washington in 2005 and 2008 to obtain information, and the U.S. administration responded in 2009, affirming that all available material had been given to the defense.
Knaul recalls that international law establishes the right of accused persons and their lawyers to have access to all the relevant information on their cases, as established by the International Covenant on Civil and Political Rights.