IADL's Statement on the ruling of the 11th Circuit in the case of the Cuban Five
antiterroristas.cu
2006-08-16
INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS
Office of the President 17, Lawyers Chamber, Supreme Court, New Delhi-110001, INDIA Tel:+00 91 11 2338 2271 Fax:+00 91 1214 410 2963 e-mail <jsharma@vsnl.com>
STATEMENT ON THE RULING OF THE 11TH CIRCUIT IN THE CASE OF THE CUBAN FIVE
The International Association of Democratic Lawyers,(IADL)a non-governmental organization of Jurists with National Affiliates on all continents, and in consultative status with ECOSOC, expresses its grave disappointment that the majority of the 11th Circuit Judges ruled to deny a new trial to the Cuban Five.
The Cuban Five, Gerardo Hernández, Antonio Guerrero, Ramón Labañino, Fernando González, and René González, were arrested in 1998, denied bail and convicted in 2001 based on politically motivated charges stemming from their work to prevent terrorist or other attacks on Cuba. Gerardo Hernández was given two life sentences. Antonio Guerrero, and Ramón Labañino, were given life sentences. Fernando González, and René González were given sentences of 19 years and 15 years respectively.
IADL proclaims that these are unconscionable sentences; The evidence on which the Five were convicted does not support the verdicts; and Miami was the wrong venue in which to try these cases. IADL points out that in May of 2005, the Working Group on Arbitrary Detention of the Human Rights Commission found that the trial and the convictions of the Five were in contravention to Article 14 of the International Covenant on Civil and Political Rights which provides that "everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law" The panel of 11th Circuit Judges who heard the oral arguments in February of 2004 received argument on the lack of evidence to support the charges and the claims that the trial judge erred in not changing venue, and ruled that a new trial was required because the trial should not have taken place in Miami which the panel characterized as a "perfect storm of prejudice". IADL submitted an amicus brief emphasizing the denial of a fair trial when the Judge refused to move it out of Maimi. IADL states unequivocally that the findings of the original panel of Judges were factually and legally sound. The en banc ruling is a travesty of justice. It evidences no concerns for the rights of defendants' to a fair trial. The Majority of the 11th Circuit Judges ignored the findings of the original panel with respect to prejudice. The dissenting Judges, who were the members of the original panel, commented on this "omission of fact" in the majority opinion. Given the overwhelming evidence of community prejudice against anyone supportive of the Cuban Government, the failure of the majority to even mention this prejudice is gravely disturbing . IADL, therefore, believes this to be a politically motivated decision designed to appease the Cuban community in Miami. This community has been involved in terrorist acts against the Cuban government and the Cuban people for many years. The work of the Cuban Five was aimed at preventing further actions and to defend Cuba. The information that they gathered from public facts and developed was used by the Cuban government to support its protests to the US State Department against illegal overflights by such groups as "Brothers to the Rescue". Instead of attempting to curb this illegal activity the FBI turned its spotlight on finding those who were providing the evidence of illegal actions. This ruling is not the end of the appeal process. The decision of the 11th Circuit at Atlanta may be appealed to the US Supreme Court. The panel still has not ruled on the errors in the trial other than venue which have been raised in the Appeals of the Cuban Five and these must be ruled upon. The lawyers for the five will make that determination. IADL will continue to support the Cuban Five in their efforts to get justice, be freed from prison, and to get their convictions reversed. Jitendra Sharma President
Ms.Jeanne Mirer Secretary General
Issued on August 12, 2006
2006-08-16
INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS
Office of the President 17, Lawyers Chamber, Supreme Court, New Delhi-110001, INDIA Tel:+00 91 11 2338 2271 Fax:+00 91 1214 410 2963 e-mail <jsharma@vsnl.com>
STATEMENT ON THE RULING OF THE 11TH CIRCUIT IN THE CASE OF THE CUBAN FIVE
The International Association of Democratic Lawyers,(IADL)a non-governmental organization of Jurists with National Affiliates on all continents, and in consultative status with ECOSOC, expresses its grave disappointment that the majority of the 11th Circuit Judges ruled to deny a new trial to the Cuban Five.
The Cuban Five, Gerardo Hernández, Antonio Guerrero, Ramón Labañino, Fernando González, and René González, were arrested in 1998, denied bail and convicted in 2001 based on politically motivated charges stemming from their work to prevent terrorist or other attacks on Cuba. Gerardo Hernández was given two life sentences. Antonio Guerrero, and Ramón Labañino, were given life sentences. Fernando González, and René González were given sentences of 19 years and 15 years respectively.
IADL proclaims that these are unconscionable sentences; The evidence on which the Five were convicted does not support the verdicts; and Miami was the wrong venue in which to try these cases. IADL points out that in May of 2005, the Working Group on Arbitrary Detention of the Human Rights Commission found that the trial and the convictions of the Five were in contravention to Article 14 of the International Covenant on Civil and Political Rights which provides that "everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law" The panel of 11th Circuit Judges who heard the oral arguments in February of 2004 received argument on the lack of evidence to support the charges and the claims that the trial judge erred in not changing venue, and ruled that a new trial was required because the trial should not have taken place in Miami which the panel characterized as a "perfect storm of prejudice". IADL submitted an amicus brief emphasizing the denial of a fair trial when the Judge refused to move it out of Maimi. IADL states unequivocally that the findings of the original panel of Judges were factually and legally sound. The en banc ruling is a travesty of justice. It evidences no concerns for the rights of defendants' to a fair trial. The Majority of the 11th Circuit Judges ignored the findings of the original panel with respect to prejudice. The dissenting Judges, who were the members of the original panel, commented on this "omission of fact" in the majority opinion. Given the overwhelming evidence of community prejudice against anyone supportive of the Cuban Government, the failure of the majority to even mention this prejudice is gravely disturbing . IADL, therefore, believes this to be a politically motivated decision designed to appease the Cuban community in Miami. This community has been involved in terrorist acts against the Cuban government and the Cuban people for many years. The work of the Cuban Five was aimed at preventing further actions and to defend Cuba. The information that they gathered from public facts and developed was used by the Cuban government to support its protests to the US State Department against illegal overflights by such groups as "Brothers to the Rescue". Instead of attempting to curb this illegal activity the FBI turned its spotlight on finding those who were providing the evidence of illegal actions. This ruling is not the end of the appeal process. The decision of the 11th Circuit at Atlanta may be appealed to the US Supreme Court. The panel still has not ruled on the errors in the trial other than venue which have been raised in the Appeals of the Cuban Five and these must be ruled upon. The lawyers for the five will make that determination. IADL will continue to support the Cuban Five in their efforts to get justice, be freed from prison, and to get their convictions reversed. Jitendra Sharma President
Ms.Jeanne Mirer Secretary General
Issued on August 12, 2006
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