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background...


“Cuban spy ruling irks U.S.

The State Department said Tuesday it would not accept a ''ridiculous and perplexing decision'' made by a United Nations panel last week, which ruled that the detention of five Cuban spies convicted in Miami was arbitrary and in violation of international law. ... ruling was a ''politically motivated'' maneuver orchestrated by the Cuban government and added ...”

Miami Herald   July 20, 2005


Despite the fact that this remarkable case is one of the most historic and significant political cases of our time, it rarely makes news in this country.

A virtual whiteout of news on the case predominates, even thought it has to do with a very critical foreign policy issue of U.S.-Cuban relations.

Workers World   Jul 19, 2005




 




April 11, 2006
Posada Carriles, Orlando Bosch and the Downing of Cubana Flight 455
A Glimpse into the Mindset of Terrorists
By JOSÉ PERTIERRA
L ast week in Miami, Luis Posada Carriles´s accomplice in the downing of the Cuban passenger plane that was blown out of the sky with 73 innocent people on board on October 6, 1976 was interviewed by Juan Manuel Cao of Channel 41 in Miami. His name is Orlando Bosch.

I quote verbatim excerpts from the television interview:
Juan Manuel Cao: Did you down that plane in 1976?

Orlando Bosch: If I tell you that I was involved, I will be inculpating myself . . . . and if I tell you that did not participate in that action, you would say that I am lying.   I am therefore not going to answer one thing or the other.

Juan Manuel Cao: In that action 76 persons were killed   (the correct figure is 73, including a pregnant passenger)?

Orlando Bosch: No chico, in a war such as us cubans who love liberty wage against the tyrant, you have to down planes, you have to sink ships, you have to be prepared to attack anything that is within your reach.

Juan Manuel Cao: But don´t you feel a little bit for those who were killed there, for their families?

Orlando Bosch: . . . Who was on board that plane?   Four members of the Communist Party, five north Koreans, five Guyanese,   (JP: there were really 11 Guyanese passengers) . . . concho chico, four member of the Communist Party chico!!!   Who was there?   Our enemies . . .

Juan Manuel Cao: And the fencers?   The young people on board?

Orlando Bosch: I was in Caracas.   I saw the young girls on television.   There were six of them.   After the end of the competition, the leader of the six dedicated their triumph to the tyrant etc etc.   She gave a speech filled with praise for the tyrant.   We had already agreed in Santo Domingo, that every one who comes from Cuba to glorify the tyrant had to run the same risks as those men and women that fight alongside the tyranny.

Juan Manuel Cao: If you ran into the family members who were killed in that plane, wouldn't you think it difficult . . . ?

Orlando Bosch: No, because in the end those who were there had to know that they were cooperating with the tyranny in Cuba.
Bosch´s answers to those five questions give us a glimpse into the mind of the kind of terrorist that the United States government harbors and protects in Miami: terrorists that for the last forty-seven years have waged a bloody and ruthless war against the Cuban people.

First time civilian airliner blown up by terrorists

What happened to Cubana de Aviación 455 almost thirty years ago is no secret.   We need simply examine the CIA's own declassified cables.   At the time, this was the worst act of aviation terrorism in history, and the first time that a civilian airliner was blown up by terrorists.

More than three months before CU-455 was blown out of the sky over Barbados on that sunny Wednesday afternoon of October 6, 1976, the Central Intelligence Agency (CIA) informed Washington that a Cuban exile extremist group planned to place a bomb on a Cubana de Aviación flight.

The State Department's Bureau of Intelligence and Research reported to Secretary of State Henry Kissinger that a CIA source had overheard Luis Posada Carriles say less than a month prior to the bombing that "we are going hit a Cuban airliner."

Neither Washington nor the CIA alerted Cuban authorities to the terrorist threat against their planes.

The bombing was carried out by Luis Posada Carriles, Orlando Bosch, Hernán Ricardo and Freddy Lugo.   Final preparations for the terrorist act began with the arrival of Orlando Bosch in Caracas on September 8, 1976.   Bosch is a Cuban-born terrorist who was the acknowledged leader of an organization called Coordinación de Organizaciones Revolucionarias Unidas (CORU).

According to the FBI, CORU was an umbrella group of Cuban exile organizations that was formed to "plan, finance and carry out terrorist operations and attacks against Cuba."   (FBI cable dated June 29, 1976).

Admitted to be a CIA operative

When Bosch arrived in Caracas on the 8th of September of that year, Posada Carriles was there to greet and make available to him his right hand man: trusted confidante Hernán Ricardo, who has admitted under oath to be a CIA operative.

In 1976, Ricardo was also an employee of Luis Posada Carriles at a private intelligence firm that the latter founded and ran in Caracas: Investigaciones Comerciales e Industriales (ICI).   Ricardo says that Posada Carriles introduced him to Orlando Bosch at the ICI offices in Caracas.

To help him with the special operation that Bosch and Posada planned for him, Ricardo in turn recruited Freddy Lugo.   A Venezuelan citizen, Lugo has also admitted under oath to be a CIA operative.

We know that the foursome of Posada, Bosch, Ricardo and Lugo met together at least four times to plan the downing of the plan.

At the meetings, the terrorists agreed upon the coded words they would use to describe the success of the operation.   The plane would be known as the "bus", and the passengers would be called the "dogs."   "The rest is up to you," Posada told Lugo and Ricardo.

The C-4 explosives were carried on board the aircraft by Ricardo and Lugo in a tube of toothpaste and in a camera.

Each received special training in explosives from CIA

Freddy Lugo and Hernán Ricardo boarded the CU-455 flight in Trinidad at 12:15 PM bound for Barbados.   Ricardo traveled under a forged passport using a false name.   They sat in the middle of the plane.   During the flight, they placed the C-4 explosives in two separate places in the plane: the rear bathroom and underneath the seat belonging to Freddy Lugo.

Lugo and Ricardo got off the plane during its brief stopover at Seawell Airport in Barbados.   They later admitted under oath that they had each received special training in explosives from the CIA.

Aboard CU-455 were 73 persons.   57 of the passengers were Cubans.   11 of them were Guyanese medical students in Cuba.   The remaining five passengers were Koreans.   Those on board averaged only 30 years of age.

Twenty-three years old and pregnant

Traveling with the group were 24 members of the Cuban fencing team, many of them teen-agers, fresh from gold medal victories at the Youth Fencing Championship in Caracas.   They proudly wore their gold medals on board the aircraft.

One of the young fencers, Nancy Uranga, was only twenty-three years old and pregnant.   She wasn't supposed to be on board.   That spot on the fencing team belonged to a pretty little twelve-year old fencer, unusually tall for her age, named María González.

María had planned to participate in the Caribbean Games, and was on the tarmac at Havana's José Martí Airport ready to board the plane that would take the team to the Games, when one of her coaches gave her the bad news that international amateur rules prevented twelve year olds from competing.

María reportedly was devastated, and she went to her home in Havana's neighborhood called La Víbora, and cried for three days, refusing to watch the games on Cuban television because it hurt her so much not to be there.

Nancy Uranga was summoned to the Airport and took María´s place on the ill fated trip to the Caribbean Games.

Nine minutes after take-off from Barbados, the bombs exploded

The fencing team was a roaring success at the Games.   They won gold, silver and bronze medals.   They were to return home on October 6, 1976.   The athletes proudly wore their medals dangling over their clothes, as they boarded the aircraft.   Cubana de Aviación 455 stopped first in Trinidad at 11:03 AM, and then touched down again in Barbados at 12:25 PM.

Nine minutes after take-off from Barbados, the bombs exploded and the plane caught fire.   The passengers on board then lived the most horrifying ten minutes of their lives, as the plane turned into a scorching coffin.

The cockpit voice-recorder captured the last terrifying moments of the flight at 1:24 PM: "Seawell! Seawell! CU-455 Seawell. . . !   We have an explosion on board. . . . . We have a fire on board."

The pilot, Wilfredo Pérez (affectionately known as "Felo"), asked Seawell Airport for permission to return and land, but the plane and its passengers were already doomed.

As the plane approached the shore, it was rapidly losing altitude and control.   "Hit the water, Felo, Hit the Water," said the co-pilot.

Rather than crashing into the white sands of the beach called Paradise and killing the beachgoers, Felo courageously banked the plane toward the water where it crashed in a ball of fire one mile north of Deep Water Bay.

Pieces of bodies were slowly recovered from the sea.   Most of them too grotesquely disfigured to be identified by their family members.   There were no survivors.

Bus fully loaded with dogs

After deplaning, Lugo and Ricardo hurriedly left Seawell Airport in Barbados and checked into a local hotel under assumed names.

From the hotel, Hernán Ricardo called his bosses in Venezuela: Orlando Bosch and Luis Posada Carriles.   Unable to find Posada at his desk, he left a message with Posada´s secretary.   He then called Caracas again and asked a mutual friend, Marinés Vega, to deliver the following message to Posada:
"We are in a desperate situation, the bus was fully loaded with dogs . . . they should send someone I can recognize . . . I will be waiting in a soda fountain near the embassy just in case something happens and I need to ask for asylum there."
Ricardo was able to communicate with Bosch who allegedly said to him: "my friend we have a problem here in Caracas.   An aircraft is never blown up in midair . . .", implying that the plan had been for the bomb to explode while the plane was on the ground before take-off.

Sensing how hot things were getting for them in Barbados, Lugo and Ricardo boarded a return flight to Trinidad on British West Indies Airlines that very evening.   On the flight, Ricardo said to his buddy: "Damn it, Lugo, I'm desperate and feel like crying.   I had never killed anyone before."

In Port of Spain, the terrorists checked into the Holiday Inn with false identities and made more desperate calls to Caracas, trying to reach Posada Carriles.

Each admitted to being CIA operatives

Their nervous demeanor at the airport and at the hotel, as well as their conversations in the taxis they took in Barbados and later in Trinidad, led the police to zero in on them as the primary suspects in the bombing.   They were arrested and interrogated by detectives from the Trinidad police department.

Both confessed to Commissioner Dannis Ramdwar who took their written depositions.   Lugo and Ricardo each admitted to being CIA operatives.

Ricardo described in detail how he could detonate C-4 explosives and pointed to a pencil on Ramdwar´s desk that was similar to the timer he used to detonate the explosive on board the plane.   Ricardo also told the police in Trinidad that he worked for Luis Posada Carriles.

He told Ramdwar that the head of CORU was Orlando Bosch and drew for the police an organizational chart of CORU and said that the terrorist organization was also known as Condor.

Upon hearing of the confessions of Lugo and Ricardo, the police in Caracas moved in and arrested Posada and Bosch.   They also obtained a warrant and searched the offices of Posada Carriles where they confiscated weapons and sophisticated electronic monitoring equipment.   The police also found a schedule of Cubana flights in Posada´s Caracas office.

In one of the very first reports on the October 6, 1976, downing of Cubana Flight 455, the FBI Venezuelan bureau cables that a confidential source has identified Luis Posada and Orlando Bosch as responsible for the bombing.   "The source all but admitted that Posada and Bosch had engineered the bombing of the airline," according to the report.

During the television interview three days ago in Miami, Bosch talked about an agreement reached between terrorists in Santo Domingo in June of 1976.

Son and chauffeur murdered

The FBI itself tells us about that secret agreement.

According to an FBI report, Orlando Bosch, Luis Posada Carriles and other terrorists formed an umbrella terrorist organization called CORU at a meeting in the Dominican Republic.   The FBI report details how at that meeting in the Dominican Republic, CORU planned a series of bombing attacks against Cuban entities, as well as the murder of Communists in the Western Hemisphere.

On page 6, the report relates in great detail how Orlando Bosch was met in Caracas on September 8, 1976, by Luis Posada and other anti-Castro exiles and a deal was struck as to what kind of activities he could organize on Venezuelan soil.

After the arrests of Lugo, Ricardo, Bosch and Posada, Trinidad, Barbados, Guyana and Cuba ceded jurisdiction over the downing of the passenger plane to Venezuela, and all four were prosecuted in Caracas for murder.

Prosecuting terrorists has a price.

The Judge who issued the initial arrest warrants for the four terrorists, Delia Estava Moreno, received several death threats and attempts at blackmail as reprisals for her conduct.   As a result, she was forced to recuse herself.

The presiding judge of the military court, Retired General Elio Garcia Barrios, also received death threats and in 1983, his son and chauffeur were murdered during a Mafia-style hit intended to even the score and intimidate those who dared legally prosecute the murderers.

Eventually, Lugo and Ricardo were convicted, but before the Court could reach a verdict regarding his case, Luis Posada Carriles escaped from the prison at San Juan de los Moros in the State of Guárico where he had been confined after two unsuccessful escape attempts.

Posada escaped with the help of at least $50,000 from a right wing extremist group in Miami.

High ranking CIA member at Ilopango Airbase

Fifteen days after his escape from jail, Posada was smuggled out of Venezuela bound for Aruba on a shrimp boat.

He spent a week in Aruba and was then flown by private plane to Costa Rica and then San Salvador.   He immediately started working alongside Felix Rodriguez, a high ranking CIA member, at the Ilopango Airbase.

Posada´s job in San Salvador was to supply the Nicaraguan Contras with arms and supplies obtained through the sale of narcotics.   This Operation became a scandal known as Iran-Contra.

Felix Rodriguez was the CIA's point man in Central America for the Iran-Contra scandal, hired for the job by an old friend from the CIA Donald Gregg who was Vice-President Bush's National Security Advisor.

According to Anna Louise Bardach who interviewed Posada while she was a reporter for the New York Times, "Posada noted with a certain pride that George Bush had headed the CIA from November 1975 to January 1977" — a period that covered some of the most violent crimes committed by Cuban exiles and Operation Condor: including the Letelier assassination and the downing of the passenger plane.

Smuggle explosives to Cuba

Posada spent the next several years in Central America working for the security services of El Salvador, Guatemala and Honduras.

But in the early 90s he turned his attention once again to Cuba which was struggle to jump start a tourist industry in order to offset a dramatic economic downturn after the demise of the Soviet Bloc.

From his lair in Central America he recruited Salvadoran and Guatemalan mercenaries to smuggle explosives to Cuba, and in 1997 bombs began to blow in the finest hotels and restaurants of Havana — killing an Italian tourist named Fabio DiCelmo and wounding several others.

Cuba learned that the campaign of terror against its tourist industry was being financed by Miami exile organizations and orchestrated by Luis Posada Carriles in Central America.

Faced with the FBI´s refusal to reign in the terrorists in Miami, Cuba sent some very brave men to penetrate these terrorist organizations and gather information with the purpose of asking President Clinton to intervene and order the Feds to arrest the terrorists.

40 terrorists based in Miami

After gathering enough evidence to determine the source of the terror campaign, on May 1, 1998 Fidel Castro sent a personal emissary to Washington with a handwritten message to President Clinton: the emissary was none other than Nobel Prize for Literature Gabriel García Márquez.

President Clinton was out of town for several days in California, and after waiting him out at the Hotel Washington for several days, García Márquez finally met with White House Chief of Staff Mac McLarty and gave him the letter.

García Márquez recounts McLarty´s reaction to the letter and quotes McLarty as saying to him: "We have enemies in common: terrorists".

In the wake of the Garcia Marquez visit, the U.S. sent an FBI team to Cuba a month later to discuss collaboration with Cuba on a "War On Terror".

Cuba handed over to the FBI tapes of 14 telephone conversations of Luis Posada Carriles with details on the series of bombs that had exploded in Cuba in the 90s.

Cuba also gave the FBI Luis Posada Carriles´ addresses in El Salvador, Honduras, Costa Rica, Guatemala and Panama.

Also tapes of conversations with Central American detainees in Cuba who admitted Posada is their boss.

All together, Cuba turned over 60 sets of documents with information about 40 terrorists based in Miami, including their addresses, and evidence of their ties to terror.

Cuban 5

Cuba then waited . . . and waited . . . and waited.

Cuba waited for the FBI to start arresting terrorists.   But instead the FBI arrested on September 12, 1998, the men now known as the Cuban Five: the men who had come to Miami to penetrate the Miami exile terrorist organizations.

According to El Nuevo Herald, the first persons that were notified of the arrests of the Cuban Five were Cong. Lincoln Diaz Balart and Ileana Ros-Lehtinen of Miami.

The Five were charged with 62 counts of violating federal laws.

Their arrests illustrates Washington's double standard when it comes to its so-called war on terror: a war that the U.S. government chooses to fight a la carte, distinguishing between terrorists it likes and those it doesn't.

The Five were placed in solitary confinement for the next 17 months, until the start of their trial.   They were convicted of several charges and received the maximum sentences possible.

Gerardo Hernandez received a double life sentence and Antonio Guerrero and Ramon Labañino on life sentence each.   Fernando Gonzalez and René Gonzalez, got 19 and 15 years respectively.

They were sent to maximum security prisons across this country, and two of them have been denied visits from their wives for the past seven years in violation of U.S. laws and international law.

"A perfect storm" of prejudice

On August 9, 2005, a 3 judge panel of the Court of Appeals published a 93 page decision that reversed the convictions and sentences, ruling that the Five did not receive a fair trial in Miami and acknowledging evidence produced by the defense at trial that revealed terrorist actions by Miami exile groups against Cuba.

The Court of Appeals even cited in a footnote the role of Luis Posada Carriles and correctly referred to him as a terrorist.   The tree-judge panel found that "a perfect storm" of prejudice prevented the Cuban Five from having a fair trial in Miami.

The Bush Administration, through its Solicitor General, made a formal appeal to all 12 judges of the Eleventh Circuit in Atlanta, and out of apparent deference to the unusual request from the Department of Justice the Court of Appeals nullified the three-judge panel decision and agreed to hear the case en banc.

Attorney Leonard Weinglass who represents Antonio Guerrero said recently:
"The Five were not prosecuted because they violated American law, but because their work exposed those who were.

By infiltrating the terror network that is allowed to exist in Florida they demonstrated the hypocrisy of America's claimed opposition to terrorism."
As the Five were being prosecuted in Miami, the campaign of terror against Cuba continued.

Home of terrorism — Miami

In November 2000, Posada Carriles was arrested in Panama along with three accomplices before they could carry out the plan to blow up an auditorium filled with students at the University of Panamá where Cuban President Fidel Castro was to speak.

The four were convicted by a Panamanian Court, but on August 26, 2004, in one of her last acts as President, Mireya Moscoso pardons them in violation of Panamanian law.

The three accomplices, all Cuban-Americans, go to Miami to be welcomed home.

Posada Carriles who is neither a U.S. citizen nor a lawful permanent resident, goes underground in Honduras and begins to scheme a plan to go to the home of terrorism: Miami.

In March of 2005 he shows up in Miami and applies for asylum.   For weeks he lives openly in that city, even going shopping at the mall.

Before he is detained by anyone, Venezuela requests his preventive detention for the purpose of extraditing him to Venezuela to stand trial for 73 counts of first degree murder relating to the downing of the passenger plane in 1976.

Department of Homeland Security did nothing

Rather than exercising an extradition detainer on him, the Department of Homeland Security instead did nothing.

It wasn't until Posada called a bizarre press conference in Miami on May 16, 2005 where he openly boasted that the DHS wasn't even looking for him, that government officials felt they had no choice but to detain him.

He was detained immediately after the press conference and gingerly escorted in a golf cart with no handcuffs to a waiting helicopter.

Posada was charged with illegal entry into the United States and thus began the legal charade designed to divert attention from the extradition request that remains unattended by the Department of Justice.

As relief from deportation, Posada first claimed he was still a permanent resident of the U.S.   In the alternative, he asked for asylum and protection from removal under the Convention Against Torture (CAT).

Living and killing abroad

Although it is true that he had been a permanent resident in the 60s, Posada long ago abandoned that status.   After all, he has spent the last almost forty years living and killing abroad.

Because of his long curriculum of terror, as a matter of law he does not qualify for asylum.   That left him only with the possibility CAT relief.

It was then that we witnessed one of the sorriest episodes of legal maneuvering ever by Department of Homeland Security attorneys.   Those handling the immigration matter of Posada Carriles at the Immigration Court in El Paso, Texas set the table for Posada to win CAT relief.

Posada called only one witness in his immigration case.   A so-called expert on Venezuela who testified that in his expert opinion, Posada would be tortured if returned to Caracas.

The witness testified that Venezuela tortures prisoners and that Posada would be surely tortured if sent back.

That witness was none other than Joaquín Chaffardet, friend, business partner and lawyer of Luis Posada Carriles in Venezuela.

Chaffardet had also been Posada´s boss at the DISIP in the early 1970s, a man that Posada has been close to for the past forty years.

The DHS never even cross-examined this guy!

Its attorney never even raised the possibility that Chaffardet was not an objective, disinterested witness — but instead was biased in favor of his friend, partner and client.

Other than Chaffardet´s questionable testimony, no other evidence in support of the theory that Posada would be tortured in Venezuela was presented.

DHS´s tactic worked.

Same DHS attorney previously argued no evidence Venezuela tortures prisoners

Immigration Judge William Abbott credited Chaffardet´s testimony as credible and found a "clear probability" that Posada would be tortured if returned to Venezuela.

Judge Abbott ordered his removal from the United States, but not to Venezuela or Cuba because he would be tortured there.  

DHS declined to appeal the decision, and began a quest to find a third country that would take him.

A few months earlier the DHS had appealed an Immigration Judge´s decision to grant CAT relief to two Venezuelan officers.  

In that appeal, the same DHS attorney who litigated the Posada case argued that there is no evidence that Venezuela tortures prisoners.

Now in the Posada case, DHS took a decidedly different position.   Why?   You figure it out.

More than six months have passed since the immigration decision.   Since it has thus far refused to slap an extradition detainer on him (as Venezuela has requested numerous times), the U.S. government has to either release Posada or declare him a threat to the community.

Finally US government recognizes Posada as bad guy

In a letter to Posada dated March 22, 2006, DHS decided to continue to detain him on immigration charges.   The letter told Posada that he has a "long history of criminal activity and violence in which innocent civilians were killed."

His release from detention concludes ICE in its letter to Posada, "would pose a danger to both the community and the national security of the United States."

In support of its interim decision to continue to detain him, ICE cites Venezuela's pending extradition case against Posada and the fact that Posada fled from a Venezuelan prison while his trial for the downing of a passenger plane in 1976 was pending.

"Your past also includes your escape from a Venezuelan prison which was accomplished after several attempts utilizing threats of force, explosives and subterfuge," says ICE in its Decision.

ICE goes on to cite Posada's own statements to link him to the "planning and coordination of a series of hotel and restaurant bombings that occurred in Cuba . . . in 1997."

These bombings resulted in the murder of an Italian tourist and the wounding of several others.

ICE also cites Posada's conviction in Panama for "crimes against national security," in reference to his attempt to assassinate Cuban President Fidel Castro in 2000 with C- 4 explosives as President Castro was to speak to an auditorium with full of students.

So finally the US government recognizes that Posada is a bad guy!

Terrorist!

Without actually saying the dreaded word, the letter from ICE virtually calls him a terrorist.   The law forced the United States to make this admission.

Although it's clear that Washington doesn't want to extradite him to Venezuela, it is not prudent to release him.

The only way that he can continue to be detained without an extradition detainer is with a government finding that he is a danger to the community.

But the extradition case is not going to go away.   It's there, very much alive.

Unless Posada has a heart attack and dies in prison, the law is eventually going to force the US government to proceed with the extradition case.

A lot of people think that Judge Abbott´s finding that Posada may not be deported to Venezuela is a ruling on Venezuela's extradition request.   That is not the case.   Extradition rulings trump immigration decisions.

Moreover, even if Secretary of State Rice decides in her discretion not to extradite Posada, the treaties and conventions signed by the US government in the past obligate this country to prosecute him for downing of the plane in the United States — where noooooooooooo prisoners are ever tortured: right?

Listen to the language of the Montreal Convention on Civil Aviation.
Article 7

The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution.

Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.
The Montreal Convention´s Article 7 gives the US no discretion.   It must either extradite or prosecute Posada Carriles for 73 counts of first degree murder in relation to the downing of the airliner.

Deporting him to a third country is not an option and neither is releasing him to the community.

Murdered in cold blood by terrorists

The story of CU-455 cries out to be told to the American people.   If the American people hear the true story of how those 73 people were murdered in cold blood by terrorists whom the United States prefers to shelter rather than prosecute, they'll not stand for it.

Few people in this country know that Orlando Bosch was released from immigration custody by President George Bush Sr. in 1990, and that he now sits on the dais whenever President Bush Jr. delivers speeches in Miami.

Bosch´s lawyer, who happens to be Fulgencio Batista´s grandson, was appointed four years ago by Jeb Bush to Florida's Supreme Court.

Fate of Cuban 5

The fate of the Cuban Five is in the hands of 12 judges, but the judges must be put under the microscope of public opinion.

Despite your best efforts, Americans still don´t know who the Five are or why they went to Miami.

It's important that you continue to make sure that their story is told: that the U.S. prosecutes and condemns anti-terrorists, yet shelters and protects terrorists.

It's up to the American people to put a stop to impunity, and it's up to you to make sure the American people learn the truth about these cases and this government.

It's up to you to bring the truth to the American people about Cuba and about Venezuela.

Hypocritical war on terror — attempted Venezuelan coup

The US government conducts a hypocritical war on terror, while it shelters and rewards the terrorists it prefers.  

Washington lectures other governments about human rights, while it blockades Cuba, using hunger as a foreign policy tool, in order to try and starve 11 million people into submission.

We cannot sit idly by while the U.S. government blockades and invades countries that have never attacked it, tortures prisoners and takes their pictures as if the victims were curiosity pieces rather than human beings, as it spies on Americans without a warrant, and tramples the civil rights of its citizens with a law whose authors dared title "Patriotic."

In 2002, Washington helped organize a failed coup against a democratically elected government in Venezuela in order to prop up a typical puppet government in Caracas.

Thanks to the Venezuelan people, the coup failed and President Chávez was restored to office.

The blockade against Cuba didn't work and neither did the coup in Venezuela.   Cuba and Venezuela are now stronger than ever.

Taking back the government

The Bush Administration's policies at home and abroad have woken a sleeping and silent giant throughout this continent.  

And, yes: America is one continent and not two as some U.S. textbooks would have us believe.

We are in the midst of a new social movement that is shaking this continent to its core.

On the 30th anniversary of Operation Condor's bloodiest year, we are witness that the people Latin America have taken back their countries from the grip of terror.

Argentina, Uruguay, Venezuela, Brazil, Chile and Bolivia have governments that respond to the needs of their own people, rather than to the interests of US corporations.

Other countries will soon join them.

This is an election year in America.

The people of Latin America are taking back their governments.

It's high time that the people of the United States did the same.



José Pertierra is an attorney, practicing in Washington, D.C.   He represents the Venezuelan government in the case of Luis Posada Carriles.







July 23/24, 2005

The UN, the US and the Cuban 5
Kidnapping in Miami

By RICARDO ALARCÓN

After years of efforts, without much success, trying to let people know the truth about the five young Cubans unjustly incarcerated in the US for fighting Miami-based terrorism, a surprising light appeared on July 14.

It came in a news dispatch by AP from Geneva and, in parallel on the same date, from the BBC news service.

A UN panel has declared arbitrary and in violation of international law the detention and trial in Miami of Antonio Guerrero, Fernando González, Gerardo Hernandez, Ramón Labañino and René González.

It was important news on its own merits.

Never before has a UN body pronounced itself in such a manner on this matter.

And it has been infrequent, to say the least, for such media outlets to even mention the Cuban five.

Apparently some people became nervous in Washington and the big lies machine was put into action.

According to a story that appeared on July 20 in The Miami Herald, based on quotes from an unidentified high official at the State Department, the UN action was "orchestrated" by the Cuban government instead of coming from individual complaints.

The facts are quite different and clearly reflected in the UN document.

They are as follows: Adriana Pérez ­ Gerardo's wife ­ and Olga Salanueva ­ René's wife — (what the Report refers to as "the source") raised the issue personally with UN officials in Geneva early in the spring of 2004.

The UN conveyed that complaint to the US Government (its first communication dated, April 8, 2004) and then went back and forth between the two parties and asking their own questions (the UN's panel) to both.

In other words, there was a Government involved in the process, only one Government.   And that happens to be the United States.   That is duly and politely recognized by the UN panel in its report.

In paragraph 2: "The Working Group conveys its appreciation to the Government for having forwarded the requisite information in good time."

In paragraph 4: "The Working Group welcomes the cooperation of the Government".

In paragraph 5: "The Working Group considered this case and decided to request additional information.   It has received responses both from the Government and the source".

And in paragraph 24: "The Working Group decided in its fortieth session to address the Government of the United States and the petitioners on three issues that would facilitate the work of the Group: The Working Group has received information from both the Government and the source on these issues."

It was on the basis of these exchanges and their own considerations in a process that lasted more than a year that the UN panel stated in its final decision, adopted on May 27, 2005:

"Following their arrest they were kept in solitary confinement for 17 months, during which communications with their attorneys and access to evidence and thus, possibilities to an adequate defense were weakened."

"The Government has not contested the fact that defense lawyers had very limited access to evidence negatively affecting their ability to present counter evidence."

"The Government has not denied that the climate of bias and prejudice against the accused in Miami persisted and helped to present the accused as guilty from the beginning.   It was not contested by the Government that one year later it admitted that Miami was an unsuitable place for a trial where it proved almost impossible to select an impartial jury in a case linked with Cuba."
On this basis "the Working Group concludes that the three elements that were enunciated above, combined together, are of such gravity that they confer the deprivation of liberty of these five persons an arbitrary character", declares that "The deprivation of Iiberty of Messrs. Antonio Guerrero Rodriguez, Mr. Fernando González Llort, Mr Gerardo Hernández Nordelo, Mr. Ramón Labañino Salazar and Mr. René González Sehweret is arbitrary, being in contravention of article 14 of the International Covenant on Civil and Political Rights" and consequently "the Working Group requests the Government to adopt the necessary steps to remedy the situation."

The members of the UN panel perform their duties in a strictly personal capacity and they do not represent any Government.

The five members are: Ms. Manuela Carmena Castrillo (Spain), Ms. Leïla Zerrougui (Algeria), Ms. Soledad Villagra (Paraguay), Mr. Tamás Ban (Hungary), and Mr. Seyed Mohammad Hashemi (Iran).

There are no Cubans involved in that Group or in the UN Human Rights Secretariat.

The US should answer the specific request it has received since May.

It is duty bound "to adopt the necessary steps to remedy the situation" instead of pretending to ignore the UN Working Group and slandering it.

The deprivation of liberty of any human being, when it is arbitrary and contrary to the law, is tantamount to kidnapping.

In this case the kidnappers are the US authorities and their victims have been detained under such conditions for almost seven years.

It is high time to free the Five.


Ricardo Alarcon Quesada is Cuba's Vice President and President of its National Assembly.







Posted on Wed, Jul. 20, 2005
WASHINGTON
Cuban spy ruling irks U.S.
The State Department rejected a ruling by a United Nations panel questioning the conviction of five Cuban spies.
BY NANCY SAN MARTIN
WASHINGTON — The State Department said Tuesday it would not accept a ''ridiculous and perplexing decision'' made by a United Nations panel last week, which ruled that the detention of five Cuban spies convicted in Miami was arbitrary and in violation of international law.

A senior official told The Herald the ruling was a ''politically motivated'' maneuver orchestrated by the Cuban government and added that other efforts within the U.N. to take up the case had been rejected.

`NOT LETTING THIS GO'

A U.S. response to the panel's ruling is under way.

''We have a number of ideas on how to respond,'' said the official, who cannot be named due to department policy but was speaking officially for the U.S. government.   ``We're not letting this go.''

The judgment came from the U.N. Working Group on Arbitrary Detention, one of several sections within the Geneva-based U.N. Commission on Human Rights.   The group found that the five Cubans, convicted in Miami federal court in 2001, were denied full access to evidence and to their lawyers.

The panel also urged the U.S. government to ''adopt the necessary steps to remedy the situation,'' The Associated Press reported.

''The defendants in this case were tried in federal court and convicted for being covert agents,'' the state department official said.   ''They've never denied being covert agents.   It's outrageous.''   The official said the ruling calls into question the work of the U.N. panel, citing provisions that stipulate that the group is supposed to provide a platform for individual complaints ``not for states to use to go after other states.   It's a complete perversion of the process.''

FIVE MEMBERS

According to the U.N. website: ``The Working Group on Arbitrary Detention is the only nontreaty-based mechanism whose mandate expressly provides for consideration of individual complaints.''

Established in 1991, the panel includes five members, currently from Algeria, Spain, Iran, Hungary and Paraguay.

The five convicted Cubans — Geraldo Hernández, Antonio Guerrero, Ramón Labanino, Fernando González and René González — were arrested in September 1998 and are serving sentences ranging from 15 years to life.



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Home Noticias en Español
UN resolution confirms injustice against Cuban 5
Published Jul 19, 2005 10:58 PM

A significant breakthrough in the case of the five Cuban political prisoners held in the U.S. occurred recently.

The United Nations Working Group on Arbitrary Detention ruled May 27 that the detention of the Cuban Five is arbitrary and in violation of international law.

Antonio Guerrero, Fernando González, Gerardo Hernández, Ramón Labañino and René González are being held in five federal prisons throughout the U.S.

They were convicted in 2001 of conspiracy to commit espionage and murder in a case that had to do with their monitoring of far-right terrorist groups in Miami that had a known record of violence against Cuba.   Their sentences range from 15 years to life.

The ruling adds weight to the view that the five are innocent but could not get a fair trial in Miami, where they were tried and sentenced.

Despite the fact that this remarkable case is one of the most historic and significant political cases of our time, it rarely makes news in this country.   A virtual whiteout of news on the case predominates, even thought it has to do with a very critical foreign policy issue of U.S.-Cuban relations.

The UN ruling is a crucial breakthrough that adds international weight to the call for justice.   It also helps in the struggle to expose the case and its unfairness.

The ruling states that the Cubans were denied access to the totality of the evidence against them.   Their lawyers were also denied access to the information needed to defend their clients adequately.

The AP reported the findings of the panel.   The panel determined that “the trial did not take place in the climate of objectivity and impartiality which is required in order to conclude on the observance of the standards of a fair trial.´

Furthermore, legal procedures were incompatible with international agreements signed by the U.S. government.   These agreements guarantee that “each person accused of a crime has the right to exercise, in full equality, all the facilities’ necessary to prepare her or his defense, stated the panel.

Those deficiencies are so serious, concluded the UN Working Group, that “they confer an arbitrary character to the privation of liberty of those persons.’

The UN panel of five lawyers requested that the U.S. government adopt the necessary steps to remedy the situation.   Its ruling is not binding, however.

Their finding reinforces what supporters of the Cuban 5 have pointed out from the beginning—that these men are innocent.   The five were held in solitary confinement for 17 months with no access to documents to prepare their case or to their lawyers.

Leonard Weinglass, noted civil rights attorney and one of the lawyers for the five, points out that he had to review 118 volumes of court transcripts to present an appeal last year.   Yet the 11th Circuit Court of Appeals gave the lawyers for the five only three minutes each to present their case.

The ruling confirms that the case of the Cuban 5 is a highly political trial that was thoroughly unfair and unjust.   The struggle to win their freedom must continue and should be escalated.



This article is copyright under a Creative Commons License.
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Cuban 5:  Conclusion of the U.N. Working Group on Arbitrary Detentions (Human Rights Commission)

OPINION No. 19/2005 (UNITED STATES OF AMERICA)

Communication:  addressed to the Government of the United States of America on 8 April 2004

Concerning:  Mr. Antonio Guerrero Rodríguez, Mr. Fernando González Llort, Mr. Gerardo Hernández Nordelo, Mr. Ramón Labañino Salazar and Mr. René González Sehwerert.

From the information received, the Working Group observes the following:

(a) Following their arrest, and notwithstanding the fact that the detainees had been informed of their right to remain silent and had their defense provided by the Government, they were kept in solitary confinement for 17 months, during which communication with their attorneys, and access to evidence and thus, possibilities to a adequate defense were weakened.

(b) As the case was classified as one of national security, access by the detainees to the documents that contained evidence was impaired.   The Government has not contested the fact that defense lawyers had very limited access to evidence because of this classification, negatively affecting their ability to present counter evidence.   This particular application of the legal provisions of the CIPA, as made in this case and as the information available to the Working Group reveals, has also undermined the equal balance between the prosecution and the defense.

(c) The jury for the trial was selected following an examination process in which the defense attorneys had the opportunity and availed themselves of the procedural tools to reject potential jurors, and ensured that no Cuban-Americans served on the jury.   Nevertheless, the Government has not denied that even so, the climate of bias and prejudice against the accused in Miami persisted and helped to present the accused as guilty from the beginning.   It was not contested by the Government that one year later it admitted that Miami was an unsuitable place for a trial where it proved almost impossible to select an impartial jury in a case linked with Cuba.

The Working Group notes that it arises from the facts and circumstances in which the trial took place and from the nature of the charges and the harsh sentences given to the accused, that the trial did not take place in the climate of objectivity and impartiality which is required in order to conclude on the observance of the standards of a fair trial, as defined in Article 14 of the International Covenant on Civil and Political Rights, to which the United States of America is a party.

This imbalance, taking into account the severe sentences received by the persons under consideration in this case, is incompatible with the standards contained in Article 14 of the International Covenant en Civil and Political Rights that guarantee that each person accused of a crime has the right to exercise, in full equality, all the adequate facilities to prepare his defense.

The Working Group concludes that the three elements that were enunciated above, combined together, are of such gravity that they confer the deprivation of liberty of these five persons an arbitrary character.

In light of the preceding, the Working Group issues the following opinion:

The deprivation of Iiberty of Messrs. Antonio Guerrero Rodriguez, Mr. Fernando González Llort, Mr Gerardo Hernández Nordelo, Mr. Ramón Labañino Salazar and Mr. René González Sehweret is arbitrary, being in contravention of article 14 of the International Covenant on Civil and Political Rights and corresponds to category III of the applicable categories examined in the cases before the Working Group.

Having issued this opinion, the Working Group requests the Government to adopt the necessary steps to remedy the situation, in conformity with the principles stated in the International Covenant on Civil and Political Rights.

Adopted on 27 May 2005




U.S. detention of 5 Cubans is against international law, UN panel says
Jul 26   2005

GENEVA (AP) — The United States' detention of five Cubans convicted of being foreign spies is arbitrary and in violation of international law, according to a UN panel ruling, a copy of which was obtained by The Associated Press on Thursday.

The judgment by the UN working group on arbitrary detention found that the five Cubans, convicted in 2001 on charges of trying to infiltrate U.S. military bases and Cuban exile groups in South Florida, were denied full access to evidence and to their lawyers.

In its verdict, the panel found "the trial did not take place in the climate of objectivity and impartiality which is required in order to conclude on the observance of the standards of a fair trial."

Justice procedures for the case were incompatible with international agreements, which the United States is party to, that "guarantee that each person accused of a crime has the right to exercise, in full equality, all the adequate facilities to prepare his defence," the panel said.

The ruling concluded that these failings "are of such gravity that they confer the deprivation of liberty of these five persons an arbitrary character."

Calling themselves "Cuban patriots," the confessed agents have denounced their trial as "blatantly political."   They are serving sentences ranging from 15 years to life.

The agents — Geraldo Hernandez, Antonio Guerrero, Ramon Labanino, Fernando Gonzalez and Rene Gonzalez — were all arrested in September of 1998 and placed in solitary confinement for 17 months.

Leila Zerrougui, head of the working party, said she could not comment on the decision because the time frame for a U.S. response has yet to expire.

"We made a decision and we sent our decision to the government of the United States," Zerrougui told the AP by telephone from Algeria, where she lives and works.   "But we cannot talk about it yet as part of the procedure."

The ruling by the panel, which cannot be enforced under international law, urged the United States to "adopt the necessary steps to remedy the situation, in conformity with principles stated in the International Covenant on Civil and Political Rights."

The agents' case has attracted international attention.   In anticipation of a 2004 appeal hearing, Free the Five committees sprouted in nine U.S. cities to arrange rallies for their release.

The five also have the support of former U.S. attorney general Ramsey Clark and Argentina's Adolfo Perez Esquivel, 1980 winner of the Nobel Peace Prize.   Pulitzer Prize-winning novelist Alice Walker has denounced the trial as a miscarriage of justice.

Havana says the men committed no crime and were merely collecting information about violent anti-Castro organizations they believed were planning terrorist attacks against the island.

© The Canadian Press, 2005

CP








 
 



























































































































































































































































































































































































































































































































































 
 





 
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