UNITED STATES: Cuban Five case appealed again

February 22, 2006
Issue 

Federico Fuentes

It seems a strange way to fight a war against terrorism but the US government currently has five Cuban men imprisoned for "espionage" when they were gathering information on terrorists. The men's case is currently before the 12-judge full panel of Atlanta's Federal Appeals Court, following a decision by the US government to appeal against a ruling made by a panel of three US judges last August to annul the sentences imposed on the Cubans five years ago by a Miami court.

Adriana Perez, the wife of Gerardo Hernandez, one of those currently imprisoned, pointed out to Green Left Weekly at the World Social Forum in Caracas in January: "It is not logical that the Cuban people who have been the victims of so many terrorist attacks over a period of 47 years, have denounced to the US government the people that have financed, organised and carried out the terrorist acts against Cuba, have informed the US government where these groups come from and who are their principal leaders. Yet today there are five men in prison for struggling against those organisations, which are operating in the south of Florida."

On September 12, 1998, the FBI arrested 10 Cubans in Florida who were involved in a network of Cubans recruited by the Cuban government to infiltrate and monitor Florida-based Cuban right-wing emigre groups with violent intentions toward revolutionary Cuba. Only three months before this, FBI agents had met with the representatives of the network in Havana to discuss the threat posed by right-wing Cuban terrorist groups.

At the Havana meeting, according to Leonard Weinglass, the Cuban Five's attorney: "The FBI thanked the Cuban agents for the information and told them they would get back to them within two weeks."

Of the 10 who were charged with varying crimes including espionage five struck deals while the remaining five — Antonio Guerrero, Gerardo Hernandez, Ramon Labanino, Fernando Gonzalez and Rene Gonzalez — entered not guilty pleas.

After several years in prison on June 8, 2001, they were convicted on a total of 26 counts of conspiracy and espionage and given sentences varying from 15 years to life. The federal prosecutor claimed the men's activities had posed a danger to US national security.

Much of the men's prison time has been spent in solitary confinement.

The decision by a US appeals court last August to overturn the convictions was based on the fact that their trial was held in Miami, a stronghold of right-wing Cuban emigres. In the judges' view Miami "not have the conditions to allow these five to have a fair trial in front of US law" said Perez. The trial had "violated the 5th 7th and 8th amendments of the constitution".

Perez said: "At this moment we are waiting for the 12 judges to finish reviewing the documentation that was presented to them and hear the verbal arguments on February 14 so that they can confirm for us either way if the previous verdict of the three judges is upheld."

She noted that the appeal panel had an undefined time limit to pass judgement. All the while the five Cubans continue to be held in solitary confinement.

"It would not be convenient for the US if those five men were to be released onto the streets because they would become the spokespeople against the double morality that the US government has maintained in its struggle against terrorism", said Perez. "It would not be convenient for the US government that these five men tell the world about who Posada Carilles is, who are the Brothers to the Rescue, what does Alpha 77 really do.

"It is those people those organisations and money are currently giving power and support to [US President George] Bush. To do so would be to denounce publicly that the US government protect terrorists within its own territories."

For more information on the case visit <http://www.freethefive.org> or <http://www.antiterroristas.cu>.

From Green Left Weekly, February 22, 2006.
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