U.S. Senate Hearing on Medical Problems of U.S. Diplomats in Cuba

On January 9, a subcommittee of the U.S. Senate Foreign Relations Committee held a hearing entitled “Attacks on U.S. Diplomats in Cuba: Response and Oversight.” The Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women’s Issues was chaired by Senator Marco Rubio (Rep., FL), a noted critic of normalization of U.S.-Cuba relation, who said the purpose of the hearing was “to establish the facts surrounding the attacks on U.S. diplomats in Cuba, and conduct oversight over the State Department’s handling of the attacks.”[1]

The witnesses were three officials of the U.S. State Department: Mr. Francisco Palmieri, Acting Assistant Secretary, Bureau of Western Hemisphere Affairs; Mr. Todd Brown, Diplomatic Security, Assistant Director, International Programs; and Dr. Charles Rosenfarb, Medical Director, Bureau of Medical Services.

The hearing started with lengthy opening statements by Rubio and the Ranking Member, Bob Menendez (Dem., NJ), both very critical of the Department’s response to these incidents or “attacks.” [2] The hearing itself focused on the following four topics:: (1) the nature of the injuries; (2) the cause of the injuries; (3) the perpetrator of the “attacks;” and (4) the State Department’s appointment of an accountability review board.

  1. The Nature of the injuries

 While the symptoms may vary, all 24  of the medically-confirmed cases  have described some combination of the following symptoms: sharp ear pain, dull headaches, tinnitus (ringing in one ea), vertigo, visual focusing issues, disorientation, nausea, extreme fatigue. Some have been diagnosed with mild brain injuries similar to what might happen from a concussion.

  1. The cause of the injuries[3]

In early July, the Bureau of Medical Services at the State Department convened a panel of academic experts to review case histories and the test results up to that point. And they arrived at [the following] consensus: ‘the patterns of injuries were most likely related to trauma from a non-natural source.”

Mr. Brown said investigators are considering possible causes other than a sonic attack, including a viral attack. He also said the possibility that someone deliberately infected people with a virus has not been ruled out. Dr. Rosenfarb testified that evidence suggest that( this is “not an episode of mass hysteria.”

Brown also said he would not rule out a sound component entirely. He said there had been an “acoustic element” associated with the sensations and feelings experienced by diplomats who fell ill. He said it’s possible the sound masked some other technology that caused the damage.

Dr. Rosenfarb said investigators are confident that something indeed caused medical harm to the Americans.

“Perplexing” was a frequent word in this discussion.

  1. Perpetrator(s)

Senator Rubio in a Fox News interview before the hearing said Havana is one of the most tightly controlled cities in the world. “There is no way you can conduct sophisticated attacks targeting American government officials in Havana without the Cuban government at least knowing about it.” [4] He repeated this opinion or conclusion at the start and at the end of the hearing.

  1. Accountability Review Board

Senator Rubio obtained admissions from the witnesses that a “serious injury” of at least one U.S. diplomat in Cuba happened no later than May 2017 and that the Secretary of State had not appointed an accountability review board within 60 days thereafter, as required by statute, and indeed had not yet done so.[5]

Acting Secretary Palmieri tried to remedy this apparent breach by testifying that Secretary Tillerson on December 11, 2017, had decided to convene such a Board and that the statutory required notice to Congress was “forthcoming.”

The same question came up later the same day at the Department’s Press Gaggle, [6] when the Department spokesperson, Under Secretary I. Steven Goldstein, initially said, “We are going to create, as we’ve said previously, an accountability review board, and I would expect that we would have the announcements of the chair and the members of the board available for release within the next week.” He then was pressed with a reporter’s question about Senator Rubio’s apparent contention that the Department and the Secretary had violated the law by not making an earlier appointment of such a board. Goldstein had the following response:

  • “We don’t agree with [the allegation that the law was violated].The assistant secretary today made clear [at the hearing], and we have said too, that it took us time to get the investigation in place. The investigation is continuing, and we believe that we . . . had the authority to determine when the accountability review board should be set in place. I think let’s not lose focus here. There’s 24 people that had injuries, and those people are receiving treatment, and we’ve had over 20 conversations with the people of Cuba. . . . [The] government investigators have been down four times; they’re going down again within the next few weeks. And so our primary goal at the present time is to find out why this occurred, to prevent it from happening again in Cuba and the embassy of Cuba or in any other place where American citizens are located.”
  • “It took time to set up the . . . board because we were hopeful that we would be able to know what occurred. . . . [T]his investigation has taken longer than we anticipated, . . . but it is now time to go forward. . . . I expect the names [for the Board] to be announced over the next several days.”

Conclusion

Only five of the nine subcommittee members attended the hearing, and the members will be submitting written questions to the witnesses, and there will be classified briefing of the subcommittee. Thus, the complete record will not be available until later. [7]

At the conclusion of the hearing, Rubio said that the following were two established facts: (1) 24 Americans had been harmed while in Cuba and (2) the Cuban government at least knew who was responsible for causing such harm. “The idea that someone could put together some sort of action against them, 24 of them, and the Cuban government not know who did it, it’s just impossible,” Mr. Rubio said. He noted that the Americans in Havana became sick just after Mr. Trump’s election, and speculated that rogue government officials from either Cuba or Russia had sought to create friction between Havana and the new administration in Washington.

Under Secretary Goldstein voiced a similar opinion by saying, “We believe that the Cuban government knows what occurred. So what we’d like to them to do is tell us what occurred.”

After the hearing, Cuba’s diplomat who has been intimately involved in U.S.-Cuba relations , Josefina Vidal, said  the hearing was chaired by two Senators (Rubio and Menendez)  “both with a vast record of work against better relations between Cuba and the United States, and the promoters of all kinds of legislative and political proposals that affect the interests of the Cuban and American peoples, and only benefit an increasingly isolated minority that has historically profited from attacks on Cuba.” She continued:

  • “From [the hearing’s] very title “Attacks on U.S. Diplomats in Cuba,” it was evident that the true purpose of this hearing . . . was not to establish the truth, but to impose by force and without any evidence an accusation that they have not been able to prove.”
  • “The State Department does not have any evidence that allows it to affirm that there have been attacks against its diplomats in Havana, or that Cuba may be responsible, or have knowledge of the actions of third parties.”
  • “I categorically reiterate that the Cuban government has no responsibility whatsoever for the health conditions reported by U.S. diplomats. Cuba never has, and never will, perpetrate such acts, nor has it or will it permit third parties to act against the physical integrity of any diplomat, without exception. The Cuban government is aware of its responsibilities and fulfils them exemplarily.”
  • “I affirm that the investigation carried out by Cuban authorities, the results of which the State Department and specialized agencies of the United States have had ample and systematic access to, has shown that there is no evidence at all regarding the occurrence of the alleged incidents and no attack of any kind has occurred.”
  • “Nothing presented by the government of the United States throughout this period, including today, provides evidence that the health problems reported by its diplomats have their origin or cause in Cuba.”
  • “We reject the politicization of this matter and the unjustified measures adopted by the United States government, with a high cost for our population, Cuban émigrés and the U.S. people. We also condemn the political manipulation of these events by anti-Cuban elements, who seek to aggravate the bilateral atmosphere, with the sole purpose of returning to a an era of confrontation, with negative consequences for both countries and the region.”
  • “Cuba is a safe, peaceful and healthy country for Cubans, for foreigners, for accredited diplomats and for the millions of people who visit us every year, including U.S.”[8]

This blogger’s opposition to Senator Rubio’s hostile approach to Cuba has been expressed in a prior post. That approach is against U.S. economic and strategic interests. It provides openings to Russia and the EU, for example, to pursue various developments with Cuba while the U.S. stands on the sidelines. Moreover, that approach contradicts Rubio’s stated desire to support Cuba’s emerging private sector and the Cubans investing and working in that sector.

Senator Rubio also erroneously stated that it is a fact that Cuba has one of the world’s most pervasive surveillance systems in the world and, therefore, has to know if some third-party has perpetrated attacks on U.S. (and Canadian) diplomats. At most that is an allegation or theory, which has been denied by Cuba. Rubio also ignores that whatever security and surveillance system Cuba has undoubtedly is prompted, at least in part, by the long history of U.S. hostility towards the Cuban Revolution, including covert or undercover efforts to promote regime change on the island. Moreover, in its responses to the medical problems of some of its diplomats in Cuba, the U.S. repeatedly has emphasized Cuba’s obligation under the Geneva Convention on Diplomatic Relations to protect other countries diplomats on the island, an obligation that presumably requires Cuba and other nations, including the U.S., to have some idea as to the whereabouts of  those diplomats.

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[1]  Senate Foreign Relations Comm., Subcommittee Hearing: Attacks on U.S. Diplomats in Cuba: Response and Oversight (Jan. 9, 2018); Reuters, U.S. Won’t Send Americans Back to Embassy in Havana Yet: U.S. Officials, N.Y. Times (Jan. 9, 2018); Assoc. Press, In Wake of ‘Attacks,’ Tillerson Not Returning Staff to Cuba, N.Y. Times (Jan. 9, 2018); Assoc. Press, US Considers Whether Virus Might Explain Attacks in Cuba, N.Y. Times (Jan, 9, 2018); Assoc. Press, US Says ‘Viral Attack’ Among theories in Cuba Illnesses, N.Y. Times (Jan. 9, 2018); Harris, U.S. to Open Formal Inquiry on Americans Sickened in Cuba, N.Y. Times (Jan. 9, 2018). In the days before the hearing, disputes erupted over what happened to the diplomats, as discussed in a prior post. (See also posts listed in the “U.S. Diplomats Medical Problems in Cuba” section of List of Posts to dwkcommentaries–Topical: CUBA.)

[2] Press Release, TOMORROW: Rubio Chairs Hearing on Attacks on U.S. Diplomats in Cuba (Jan. 8, 2017); Press Release, Menendez Opening Statement at Cuba Hearing (Jan. 9, 2018).

[3] Some Canadian diplomats in Cuba have suffered similar injuries or effects, but on January 10, a Canadian official said Canada has not reached any conclusions on the cause(s) of such ailments. Reuters, No Conclusion on Cause of Health Symptoms at Embassy in Cuba-Canada Official, N.Y. Times (Jan. 10, 2018).

[4] Press Release, Rubio Presses State Department on Response to Attacks on U.S. Diplomats in Cuba (Jan. 9, 2018).

[5] The State Department has a statutory obligation to “convene an Accountability  Review Board” . . .  not later than 60 days after the occurrence of an incident [of] . . . .any case of serious injury.” The Department also has an obligation to “promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident” of the convening of such a board. (22 U.S.C. §4831.) U.S.

[6] U.S. State Dep’t, Press Gaggle (Jan. 9, 2018).

[7] The subcommittee members in attendance were Senators Rubio and Tom Johnson (Rep., WI), Bob Menendez (Dem., NJ),), another Cuban-American critic of normalization; Tom Udall (Dem., NM); and Jeanne Shaheen (Dem., NH). The absentees were Jeff Flake (Rep., AZ), a supporter of normalization who was just in Cuba; Cory Gardner (Rep., CO); Johnny Isakson (Rep., GA); and Tim Kaine (Dem., VA). Two of these absentees (Flake and Gardner) and Menendez were attending the simultaneous White House conference on immigration.

[8] Vidal, Cuba is a safe, peaceful and healthy country, Granma (Jan. 10, 2018).

GOP Senators Ask Administration To Take Actions Against Cuba Over U.S. Diplomats      

On September 15 five Republican Senators asked U.S. Secretary of State Rex Tillerson to take certain actions against Cuba as a result of the medical problems being experienced by some of the U.S. diplomats who have been stationed in Cuba.[1]  The requested actions are the following:

  1. “Remind the Cuban government of its obligation to protect American diplomats [under Article 29 of the Geneva Convention on Diplomatic Relations].”
  2. “Demand that [the Cuban government] take verifiable action to remove these threats to our personnel and their families.”
  3. “Declare all accredited Cuban diplomats in the [U.S.] persona non grata [and thereby prompt Cuba to have them leave the U.S. under Article 9 of the Geneva Convention on Diplomatic Relations].’”
  4. “If Cuba does not take tangible action, close the U.S. Embassy in Havana.”

The five senators are the leader of this effort, Marco Rubio (FL), plus John Cornyn (TX), Richard Burr (NC), James Lankford  (OK) and Tom Cotton (AR), all members of the Senate Select Committee on Intelligence, which is chaired by Senator Burr.[2]

Separately there were new reports about other details of the problems of U.S. diplomats in Cuba.  U.S. diplomats on temporary duty in Havana stay in four hotels near the U.S. embassy, and all four have been sites of “medical attacks.” In addition to Hotel Capri, which was identified in a prior post, they are Hotel Nacional, Hotel Melia Cohiba, and Hotel Melia Habana. (The two “Melia” hotels are owned by a Cuban government agency, Cubanacan.) Rachel Maddow on her September 15th MSNBC show said that NBC News had learned that President Castro had offered to conduct a joint U.S.-Cuba investigation of this matter and that the U.S. had not responded to this offer.[3]

Meanwhile the U.S. and Cuba on September 15 held a meeting in Washington to discuss bilateral cooperation in law enforcement. According to the U.S. State Department, the discussions covered “national security matters, including fugitives and the return of Cuban nationals with final orders of removal” as well as “the incidents affecting diplomatic personnel at the U.S. Embassy in Havana.” The Cuban statement more generally said the discussions were about such issues as  terrorism, illicit trafficking in drugs and persons, and cybercrime. This meeting was the third such meeting; the first two were held during the Obama Administration.[4]

Conclusion

As is well known, Senator Rubio, a Cuban-American citizen, consistently has opposed U.S. efforts to normalize relations with Cuba, and thus it is not surprising to see him apparently initiate the above statement with the support of four of his Republican colleagues.

The good news is that the other 95 senators were not part of this statement, that Cuba by all reports continues to cooperate on investigating the circumstances surrounding these health issues and that the Trump Administration is not jumping to preordained conclusions about these issues.

This statement by Senator Rubio and four others was not justified and should be resisted by all U.S. citizens and their representatives in Washington. Instead allow the U.S. State Department and other agencies with Cuban assistance to continue their investigation in a professional and objective manner.

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[1] Dorsey, Five GOP senators ask Tillerson to close Cuba embassy after attacks on diplomats, CBS News (Sept, 15, 2017).

[2]  Rubio Press Release, Rubio, Colleagues Ask Tillerson to Expel Cubans, Close Embassy after Attacks on U.S. Diplomats (Sept. 15, 2017); Cotton Press Release, Senators Ask Secretary of State to Expel Cubans and Close Embassy Over Attacks on U.S. Diplomats (Sept. 15, 2017); Reuters, U.S. Lawmakers Want Retaliation for Sonic Attacks in Cuba, N.Y. Times (Sept. 15, 2017); Assoc. Press, The Latest: GOP senators want US pushback on Cuba, Wash. Post (Sept. 15, 2017).

[3] Rachel Maddow, Mysterious attack on US diplomats in Cuba confounds (Sept. 15, 2017).

[4] State Dep’t, [U.S.] and Cuba Hold Third Law Enforcement Dialogue in Washington, DC (Sept. 15, 2017); Cuba Foreign Ministry, Cuba and [U.S.] Authorities . . . Held Third Round of the Dialogue on Application and Compliance with the Law in Washington (Sept. 15, 2017);   The earlier law enforcement dialogues were discussed in these posts to dwkcommentaries.com: U.S. and Cuba Hold Law-Enforcement Dialogue (Nov. 9, 2015)(comment to Developments in U.S.-Cuba Normalization (Nov. 8, 2015); United States and Cuba Hold Second Law Enforcement Dialogue (May 19, 2016).