People's Democracy

IN the wake of Cuba's revolutionary victory on January 1, 1959, the United States afforded immediate safe haven to the embezzlers of Cuban public funds, the murderers and torturers of Batista's police force, their corrupt military chiefs who had ordered indiscriminate bombing of the civil population, as well as the Mafia that had controlled the gambling and prostitution rackets in Cuba. With generous support from federal funds, voted by successive Republican and Democrat administrations, they have recreated in Miami, the criminal regime that operated in our country in former times.

Since the early 1960s, the CIA has been setting up, organising and training terrorist groups composed of people like these, in a war against Cuba that has lasted over 40 years: the thwarted mercenary invasion at the Bay of Pigs; armed bands in the mountains; sabotage and other attacks on ships, aircraft, business and diplomatic premises and tourist installations; deliberate introduction of hemorrhagic dengue and other diseases, crop pests, viruses aimed at decimating our livestock; violations of Cuban air space and territorial waters; as well as hundreds of plots to assassinate our leaders.

Gerardo Hernandez, Rene Gonzalez, Ramon Labanino, Antonio Guerrero and Fernando Gonzalez are five young Cuban men who risked their lives in a struggle against these terrorists units that operate freely in Miami.These units criminal activities are recorded in official US-government documents, have been exposed in the American press and have even been publicly acknowledged by their perpetrators.

The five are innocent. But have been condemned nevertheless, by a court right there in Miami. Not for what they have done, but for their loyalty to the homeland.

It is worth considering some of the contraventions and other irregularities that have characterised this judicial process from the oustset:

• Violation of the Sixth Amendment to the US Constitution, in conducting the trial in a setting - Miami - that is totally hostile to the accused. Throughout the proceedings, there was an intensive, non-stop local press campaign vilifying the defendants and pressuring the judge and jury.
• Violation of the Eighth Amendment, in applying cruel and unusual detention conditions, including two spells of solitary confinement - of 17 months and 48 days respectively - which hindered the defence and caused such suffering to the prisoners and their families as to amount the violation of their human rights.
• Manipulation of "evidence", which was used selectively and arbitrarily. The government classified all its so-called evidence as secret, and contrived to have it treated in accordance with the Classified Information Procedures Act (CIPA), complicating the trial and creating difficulties for the defense.
• Flouting of the Freedom of Information Act (FOIA), in denying defense requests to introduce official documents relevant to clarification of the facts.
• Acting without precedent in convicting for alleged espionage against the United States in the absence of evidence or testimony that the defendants had obtained or sought information prejudicial to US interests. On the contrary, important witnesses specifically denied that the five were spying: General James R Clapper, former USAF Director, Defense Intelligence Agency; General Charles Wilhelm, former commander in chief of the US Southern Command; General Edward Atkeson, former deputy head of General Staff military intelligence; Admiral Eugene Carroll, former assistant deputy chief of Naval operations; Colonel George Buckner, who held high rank in the North American air-defense system command.

Unprecedented also was the conviction of Gerado Hernandez for premeditated murder, without witnesses or evidence, even circumstantial, linking him directly to the alleged crime. He was convicted in relation to an incident with which he was entirely unconnected - the bringing down on February 24, 1996 of two aircraft belonging to the Miami-based counter-revolutionary organisation "Brothers to the Rescue". In passing judgement on the Republic of Cuba's decision in legitimate self-defense on that occasion, the court violated the Act of State doctrine, which has been explicitly recognised by the US Supreme Court. The judgement thus broke international and US law.

The vindictive and irrational nature of the sentences - disproportionate in relation to the fabricated evidence - shows the utter contempt of the court for its own country's laws: Gerardo was sentenced to two terms of life imprisonment plus 15 years; Ramon to one life term plus 18 years; Antonio to one life term plus 10 years; Fernando to 19 years and Rene to 15.

One of the most serious and dangerous consequences of this whole process is the support it implies for the terrorist groups operating out of Miami and the encouragement it gives them to sustain their criminal aggression against Cuba.

In condemning these events, the Cuban Communist Party expresses its deep conviction as to the justice of the cause that these five young men sought to defend, and looks to all friendly powers, as well as those that simply respect the concepts of law and justice, to support the efforts of the Cuban people to secure the return of their compatriots.