Perth says 16 years is too long for Cuban Five
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Aili Labañino (daughter of Ramón Labañino who is one of the Cuban Five) speaking in Perth on 12 August 2014.
The Perth event was organised by the Australia-Cuba Friendship Society as part of a national tour.
The meeting was addressed by Joe McDonald of the CFMEU and Christie Cain of the Maritime Union of Australia.
Translation by Jorge Trujillo of the Cuban Embassy in Australia.
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RALLY FOR JUSTICE & FREEDOM
This is an open invitation to join us on Sunday 11 September from 12 noon at the Fremantle Town Hall adjacent park, cnr Adelaide and William Streets
To demand the US releases the Five Cuban heroes incarcerated since 1998
in different US prisons.
On the 13th anniversary of the unjust incarceration of Five Cuban anti-terrorists
the ACFS calls for their freedom.
We call on your support to fight this unjustice.
We want freedom for the Five and Visitation Rights
We want Justice, bring your placards, flags and have your say.
For more information contact ACFS: acfsperth@gmail.com
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His vocation as a teacher began in 1961 when he joined the Cuban Literacy Campaign and at only ten years old taught illiterate peasants how to read and write. Since that time he has dedicated most of his career to the education sector as a teacher and later as a union leader. Ezequiel has participated in the continuous improvement of the National System of Education as a member of the Team of Authors.
Since 1996 Ezequiel has worked with the Cuban Institute for Friendship with the Peoples (ICAP) and has become well known to Australian brigadistas joining the Southern Cross Brigade each year as the official translator.
His mastery of the English language has been very useful to carry out his work as a political official at ICAP, being able not only to lecture on many subjects, but also to serve as interpreter for a great number of outstanding personalities. In November 2007, he joined the 59th Global Edition Voyage of the Peace Boat. On this occasion, he was invited by the Japanese Organisation Peace Boat, to travel on the Japanese Cruise from Spain to Cuba, to deliver lectures on board to regular audiences of more than 400 people.
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Dear ACFS supporters,
I would like to share this news with you. It is the first time AI backs up the case of the Cuban Five. An opportunity to lobby AI Australia to follow suit.
In solidarity,
Vinnie Molina
http://www.amnestyusa.org/document.php?id=ENGUSA20101013001&lang=e
http://www.amnesty.org/en/library/asset/AMR51/093/2010/en/9911673a-a171-49db-b757-581f2fbdfe11/amr510932010en.pdf
Amnesty International Seeks Review of Case of the ‘Cuban Five’
Human rights organization calls on US government to review case and mitigate any injustice
Contact: AIUSA media relations office, 202-509-8194
(Washington, D.C.) In a report released today, Amnesty International outlines its concerns with the fairness of the trial of five men convicted in 2001 of acting as intelligence agents for Cuba, among other charges. The five men are serving terms ranging from 15 years to life in US federal prisons.
In a letter sent to United States Attorney General Eric Holder on October 4, Amnesty International noted doubts about the fairness and impartiality of the trial which have not been resolved on appeal. The human rights organization has not taken a position on whether the five men are guilty or innocent of the charges against them.
The five -- Cuban nationals Fernando González, Gerardo Hernández and Ramón Labañino, and US nationals Antonio Guerrero and René González -- were tried in Miami and convicted on various counts, including acting and conspiring to act as unregistered agents of the Republic of Cuba, fraud and misuse of identity documents and, in the case of three of the accused, conspiracy to transmit national defense information. Gerardo Hernández was further convicted of conspiracy to murder, based on his alleged role in the 1996 shoot-down by Cuba of two planes operated by a US anti-Castro organization, Brothers to the Rescue, in which four people died.
Amnesty International’s report said holding the trial in Miami, given the pervasive hostility to the Cuban government in that area, along with media and other events before and during the trial were factors that made it impossible to ensure a wholly impartial jury.
Other concerns included questions about the strength of the evidence to support the conspiracy to murder conviction in the case of Gerardo Hernández, and whether the circumstances of the pre-trial detention of the five men, in which they had limited access to their attorneys and to documents, may have undermined their right to defense.
Amnesty International has called on the government to review the case and mitigate any injustice through the clemency process or other appropriate means, should further legal appeals prove ineffective.
Amnesty International has also reiterated its concern about the repeated denials by the US government of temporary visas to allow the Cuban wives of two of the prisoners, René González and Gerardo Hernández, to visit their husbands. The organization is concerned that such a blanket or permanent bar on visits with their wives constitutes additional punishment and is contrary to international standards for the humane treatment of prisoners and states’ obligation to protect family life. Amnesty International continues to urge the government to grant the wives temporary visas on humanitarian grounds.
Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 2.8 million supporters, activists and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied.
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Video by Zeb Parkes
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Speakers spoke about the injustice against these 5 Cuban Heroes who harmed no one but were imprisoned after giving information they had collected about these terrorist groups operating against Cuba from U.S. soil to the U.S. government, hoping the U.S. would live up to its rhetoric against terrorism and intervene to jail the terrorists. Many shoppers stopped to find out more and to sign a petition for the freedom of the Five.Posted in Cuban Five »
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[Transcript of telephone interview given by Miami based Attorney Richard Klugh, who legally represents the Cuban Five in the appeals process, to Bernie Dwyer for Radio Havana Cuba on 1st September.
[Three of the Cuban Five, Ramon Labañino, Antonio Guerrero and Fernando Gonzalez are in the Federal Detention Center in Miami waiting to attend a district court hearing on their re-sentencing as recommended by the 11th Circuit Court of Appeals in Atlanta .
[They are being held in solitary isolation in the same Special Housing Unit that they spent 17 months awaiting trial in 2001. The re-sentencing hearing is due to be heard on 13th October 2009.]
Interview
Bernie Dwyer (RHC): Three of the Cuban Five, Ramon, Antonio and Fernando are now in the Federal Detention Center in Miami . Can you give us the background to their move from their separate prisons and the reason they are in Miami now?
Attorney Richard Klugh (RK): Ramon, Antonio and Fernando were transported to Miami within the last two weeks from their various institutions in Kentucky , Colorado and Indiana , in order to attend and be re-sentenced at a hearing by the district court judge as ordered by the court of appeals.
BD: Do they have any contact with each other?
RK: As of right now they are all separated from each other and separated from all of the other inmates. They are in the isolation units ordinarily used for special housing and it's unclear whether all of them will be allowed to leave the special housing units or isolation unit prior to re-sentencing or not. It’s our hope that it will happen.
BD: Are they permitted to have contact with their attorneys?
RK: Yes. The attorneys are visiting and are able to talk to them. The re-sentencing hearing is about a month and a half away so they need to be talking to them. That’s exactly where it stands right now. It’s a relatively short period of time before the re-sentencing occurs.
BD: Are they allowed to have family visits and phone calls?
RK: They will be allowed to have them. There is always a delay when there is a transfer such as this but they are not precluded from having family visits.
BD: Can they receive letters from supporters and friends?
RK: Absolutely and of course everybody is very encouraged to do that, to write to them in the names in which they are listed in the Bureau of Prisons directory at the address of the Federal Detention Center in Miami .
BD: Can you give a background as to why three of the Five, Antonio, Fernando and Ramon are being allowed to go back to court for re-sentencing and not Gerardo Hernandez and Rene Gonzalez?
RK: Gerardo, because of the disputed conviction with regard to the Brothers to the Rescue matter was not eligible for a re-sentencing hearing because he has already received a life sentence as to that accusation and we were unsuccessful in the direct appeal in reversing that conviction.
He was deemed to be ineligible for re-sentencing. With regard to Rene, his sentence was based on offences as to which he really didn’t have much of a right to appeal. They were not sentences with which the District Count had any real legal limitations on what could be imposed.
And so the arguments that applied to the counts and convictions that Ramon, Antonio and Fernando had did not apply to René. That first fifteen years of the sentence is not subject to review under the federal sentencing guidelines because there is no guideline for the offence of conspiring to or acting as an unregistered foreign agent.
BD: How would you actually term this court appearance that is coming up?
RK: It’s an opportunity to have a re-consideration of the prior sentencing decisions and to basically start at a lower level of sentencing for each of them and hopefully that will result ultimately in a substantial lowering of sentences.
They would have a right to appeal from this re-sentencing decision if there are legal errors made in regard to the imposition of these sentences.
BD: Is there any chance that the judge could re-sentence them to longer terms in prison?
RK: There’s always theoretically a possibility of such a change however I think that it is well known that each of the Five has been exemplary in their conduct while incarcerated. I think they are highly regarded by other personnel within the federal prison system for their good conduct, their good works with other prisoners, etc. There really is nothing that would indicate any reason to punish them any more than they what they have already been punished for.
BD: If we look at somebody like Rene who is serving 15 years. Is there any mechanism that he can get time off for good behaviour?
RK: There is a limited provision for a reduction of sentence under the federal system so it is our hope that within the next two years at least that Rene might be able to be released.
There is sometimes a need for litigation to force them to allow the prisoner to be released in the latter stages of incarceration. I don’t know whether we will be in that position of having to litigate that with Rene or not but definitely we are prepared to insist that he be given every opportunity for early release.
BD: Do you know already who the judge is going to be at the re-sentencing hearing?
RK: it will be the same district judge that imposed the original sentences and essentially the same personnel. Some of the government attorneys are no longer with the government but essentially it will be the same personnel.
BD: Does that put prosecution and Judge in a position that if they re-sentence it appears that they made a mistake in the first sentencing?
RK: The court of appeals has already held that some of the provisions that were applied in the original sentencing were too harsh and that is the reason why we are having the re-sentencing. So those principles that were established by the court of appeals will form the basis for the re-sentencing process. And certainly it is our hope that as a result of that these sentences will be substantially lowered.
BD: The opinion that some of the original sentencing provisions were too harsh came from the 11th Circuit Court of Appeals in Atlanta ?
RK: Yes
BD: Do you feel that with the change of administration that you could expect any thing different at all in the approach taken by the court to the case of the Five. They were sentenced during the Bush administration. Do you think it will make any difference under the Obama administration?
RK: I don’t believe it necessarily would. So much time has passed. So many changes have occurred since the original sentencing. Everything that people have learned about what is and what is not something that merits a significant punishment I would think would help us in this process.
But I don’t know at the political level, the individual decisions in this case will have that effect. What I have found is that it does not have that effect ordinarily.
For us the most important part of the case that remains deals with Gerardo and trying to do something that will give him an opportunity to be released.
BD: Can you talk at this stage about how the re-sentencing case will be presented in court?
RK: Each of the three will be represented by their principal attorney. Joaquin Mendez represents Fernando. Leonard Weinglass represents Antonio and Bill Norris represents Ramon. They are each preparing individual arguments and explanations for why substantially lower sentences should be given.
It’s very important to remember that Antonio and Ramon had life sentences and the hope is that the sentences will become significantly reduced to a sentence that is more in keeping with an offense in which there was no actual commission of espionage.
[This interview with Attorney Richard Klugh was broadcast by Radio Havana Cuba on the 1st September 2009]
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Rally for the Cuban Five - stop the injustice!
The "Cuban Five" have, between them, been sentenced to four live terms and 75 years in United States prisons. They were falsely charged with espionage conspiracy.
Their real "crime"? They were peacefully defending Cuba from US-backed terrorist groups based in Miami.
Rally
Sat 12 Sept
12 noon, Stirling Gardens
Info: acfsperth@gmail.com or phone 0421 113 341
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