Showing posts with label Cuban Five. Show all posts
Showing posts with label Cuban Five. Show all posts

Perth says 16 years is too long for Cuban Five  

The Australia Cuba Friendship Society joined a worldwide mobilisation against the ongoing imprisonment in the United States of the Cuban Five. The US consulate refused to accept a letter to President Obama calling for the release of the three members of the Five who have not yet completed their terms


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Aili Labañino: Free the Cuban Five  



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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Perth action in solidarity with the Cuban Five  


Perth action in solidarity with the Cuban Five - political prisoners in US jails - on the 14th anniversary of their incarceration. The action was outside the US consulate in Perth.

Photos by Alex Bainbridge

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This is the youtube of Gerardo Hernandez having a phone conversation with Carlos Alberto Cremata,
director of La Colmenita (The little bee have) theatre group currently touring the United States.

For more videos please visit: http://www.youtube.com/user/cubadebatecu

Rene will not be completely free until his return to Cuba.

We call on President Obama to free the Cuban Five now!

Join the campaign to join the Cuban Five.
For more information on the case visit:
http://www.freethecuban5.com/
http://www.freethefive.org/

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ACFS Perth calls on President Obama to release the Cuban Five!  


The Australia-Cuba Friendship Society, ACFS calls on President Obama to release the five Cuban anti-terrorists held in US prisons since 1998.
Around 30 members of the ACFS and their friends and supporters rallied for the freedom of the Cuban Five in Fremantle, Western Australia.
An enthusiastic group of speakers told the crowd and passerby about the plight of the five men detained in Miami for fighting against terrorism organised, financed and carried out from US soil. The Cuban Five as they are known internationally were sentenced to inhumane and ridiculous sentences from 15 to double life imprisonment plus 15 years.
what was the crime committed by these men? NONE! There was never crime committed by the Cuban Five whose only task was to monitor the activities of the Miami mafia whose long list of terrorist activities against Cuba has cost the lives of more than 3000 people.
Cuba's right to self determination has been undermined by the actions of these terrorist groups who are tolerated on US soil. These terrorist acts included the bombing midair of Cubana 455 Flight that killed 73 people in 1976.
In 1997 a wave of bombings that targeted tourist installations including hotels rained down on Cuba. One of the actions resulted in Italian tourist Fabio De Celmo beign killed at the Copacabana Hotel in Havana.
To defend against these attacks and defend the lives of Cubans and visitors to Cuba sent these brave volunteers to gather the information needed to prevent further killings and bombings against their homeland.
They never sought or gathered information that would endanger US national security or hurt anyone nor did they carry any weapons. Their task was solenly to prevent terrorist activities.
The time has come for President Obama to exercise his power and release these five Cuban heroes who have had even their basic rights to see their families denied in breach of international conventions. ACFS Perth joins the millions of people in demanding their immidiate release. Watch on YouTube: http://youtu.be/vXkeZTuh39k
As part of our campaign for the freedom of the Cuban Five, ACFS will exhibit the political cartoons by Gerardo Hernandez from 1-7 October at the KURB Gallery, 312 "A" William Street, Northbridge, Western Australia. Visit our blogsite www.acfs-perth.blogspot.com

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Free the Cuban FIVE Rally on Sunday 11 September 2011  

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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Cuban Five T-shirts on sale now!  




Cuba Five T-shirts:

Join the campaign to free the Cuban Five
Help us spread the word, buy and wear a
Men and Women sizes, t-shirt $ 20 P/H included in Australia.

Methods of payment: EFT to ACFS WA bank account
Post a money order/chq to ACFS WA. PO BOX 1455 WA 6951
Orders: acfsperth@gmail.com or call 0419812872

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Public meeting with Cuban educator Ezequiel Morales  

Public meeting:
Listen to Cuban Educator Ezequiel Morales.
Saturday 9 April, 4-7 pm @ the MUA, North Fremantle
Entry by gold coin donation

The Australia Cuba Friendship Society is pleased to be hosting Ezequiel Morales from ICAP Cuba. We would like to invite you to a public meeting to welcome him and get first hand information about education and life in Cuba.

Please join us on the 9th April at the Maritime Union of Australia, MUA rooms in North Fremantle, 2-4 Kwong Alley cnr Queen Victoria Avenue from 4:00pm. (See Flyer attached for details and to distribute to your networks).

Ezequiel was born to a peasant family and spent his early years before the Revolution cleaning shoes and selling cakes in order to help support his family and to pay a ‘teacher’ to tutor in reading and writing. He was eight years old when the revolution triumphed and from then on he was able to attend a School Centre.

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.

In Friendship,
Elizabeth Hulm
Branch Secretary
ACFS Perth
0421113343

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International Cuban Five action on Human Rights Day  

Dear ACFSers,

I am forwarding this very important message received from the International Committee for the Freedom of the Cuabn 5about a decision made by the International gathering in solidarity with the Five, VI International Colloquium for the Freedomof the 5 Heroes and Against Terrorism, in Holguin. Sorry for any cross postings but I didn't want to miss anyone, we need to activate faxes, calls and emails from all members and societies and support this important 5 day action.   
   
Please read below for the message received and then get ready to hit the phones, emails and faxes from the 10th to the 15th Dec.
 
In Friendship
 
Elizabeth
Branch Secretary
ACFS WA  
 
On December 10

International Day of Human Rights  
Lets raise our voices for the heroes

5 DAYS FOR THE 5

Delegates from Latin America and Europe who were present at the VI International Colloquium for the Freedom of the 5 Heroesand Against Terrorism, in Holguin, proposed to put in place an immediate plan of action for December 10, International Day of Human Rights.

On that day, from 9AM to 5PM (Eastern Time), and for 5 consecutive days LETS CALL, OR SEND FAXES, OR SEND E-MAILS,to the WHITE HOUSE to demand President Obama  Free the 5 Cuban Patriots imprisoned in the United States for defending their homeland.

The significance of this day is that on December 10, 1948, the UN General Assembly approved the Universal Declaration of Human Rightsand established that day as the International Day on Human Rights.

In a report issued on October 13, 2010, Amnesty International asked the US government to review the case of the Cuban 5 and to mitigateany injustice through the process of clemency or any other appropriate means, in case that new legal appeals do not provide a timely remedy.

President Obama has more than enough proof of the innocence of the Cuban 5, he knows that they never were a threat to US National Security,that they carried no guns and that their only objective was to monitor terrorist organizations based in Miami to avoid the death of more innocent people. 

On the International Day of Human Rights, and making use of the rights conferred by the US Constitution, we are asking President Obama as a lawyer,as a father, as a son, as a husband, as a decent justice loving person, and as a winner of the Nobel Peace Prize, to END THIS COLOSSAL INJUSTICE AND TO FREE THE 5 NOW!!!

DIFFERENT WAYS TO REACH THE WHITE HOUSE

By phone: 202-456-1111If calling from outside the United States, dial first the International Area Code + 1 (US country code) followed by 202-456-1111

By Fax: 202-456-2461If fax is sent from outside the United States, dial first the International Area Code + 1 (US country code) followed by 202-456-2461

To send an electronic message write to: HTTP://WWW.WHITEHOUSE.GOV/CONTACT <http://r20.rs6.net/tn.jsp?llr=yre9a4cab&et=1103981281059&s=0&e=0016256HTdUsnqYvmWD4bpJgdLCAzdCAzYKswb7sgE29y2vblcJxp790t2EJUePhBCE4gETzBpTBsjy_QCRk_25zQxSnlMqXp6S3JfKfb_VxZ2GsH_iS6P7OQ==&id=preview>

 President Barack Obama
The White House
1600 Pennsylvania Ave, NW
Washington, DC 20500
EE.UU.
THIS COLLECTIVE ACTION WILL ONLY BE EFFECTIVE IF PEOPLE FROM THE US, AND ALL OVER THE WORLD, CALL, OR SEND FAX, or E-MAILS , FROM DECEMBER 10 TO DECEMBER 14.
IF YOU CAN NOT REACH ANYBODY BY PHONE, PLEASE LEAVE A MESSAGE.

TOGETHER WE CAN DO IT!!!

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Amnesty International Seeks Review of Case of the ‘Cuban Five’  

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 from Perth Cuba Five action  



Video by Zeb Parkes

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Perth rallies for the Cuban Five  

12 September 2010: Around 25 gathered at the Wesley Church corner in Perth city to mark the 12th anniversary of the unjust incarceration of the Cuban Five. Shoppers were told about the 3,400 people who have been brutally murdered by the actions of terrorist groups based in Miami.

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.

Following speeches the rally marched through the Hay Street Mall handing out leaflets to interested shoppers, calling for Obama to exercise his power to rectify the grave injustice of this politically motivated attack on Five brave men who were fighting against terrorism.

Written by Elizabeth Hulm. Photos by Alex Bainbridge. Video by Zeb Parkes here.

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Take Action for the Cuban Five 12 September 2010  

As you might be aware the Australia Cuba Friendship Society (ACFS) has organised a rally to protest the incarceration of Five Cuban anti-terrorists known as "The Cuban Five". They have been in US prisons for 12 long years for no crime ever committed.

Join us on Sunday 12th September from 12:30pm at the Wesley Church grounds for a peaceful protest rally, calling for freedom of the  Cuban Five.

The Cuban Five are five Cuban men serving four life sentences and 75 years collectively in US prisons, after being wrongly convicted in the US federal court in Miami, on June 8, 2001. They are Gerardo Hernández, Ramón Labañino, Antonio Guerrero, Fernando González and René González.

The Five were falsely accused by the US government of committing espionage, conspiracy against the United States, and other related charges. But the Five pointed out vigorously in their defence that they were involved in peacefully monitoring the actions of Miami-based terrorist groups, in order to prevent terrorist attacks on their homeland Cuba.

For more than 40 years, Cuba has been the target of terrorist attacks by anti-Cuba terrorist organizations based in Miami. Such groups operate with complete impunity from within the United States to attack Cuba—with the knowledge and support of the FBI and CIA.
More than 3,000 Cubans have died as a result of these terrorists’ attacks.

But instead of arresting the terrorists, the FBI arrested the Cuban Five anti-terrorists on September 12, 1998. The Five were illegally held in solitary confinement for 17 months in a Miami prisons.

The campaign for the release of the Cuban Five has been supported by declarations from hundreds of parliamentarians in Britain, Italy, and the European and Latin American Parliaments. The UN Working Group on Arbitrary Detentions, with five judges, ruled that there were irregularities in the Five’s trial and arrest, effectively denying them a fair trial and calls on the US government to remedy this injustice.
Around Australia, Australia-Cuba Friendship Societies have been working hard to raise awareness about their case. The rally we will hold on September 12, will be a peaceful assembly and distribute fliers to raise awareness of the case.

More information on the campaign can be found at http://www.freethefive.org.

FREE THE CUBAN FIVE!

Yours in solidarity,

Vinnie Molina
Branch President
Australia Cuba Friendship Society

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Action Plan for release of the Cuban Five  

Action Plan adopted by participants at the 5th International Colloquium
 "For the Release of the Cuban Five and Against Terrorism"
 
Nov. 21, 2009


The 5th Colloquium held in Holguin is especially relevant after the rejection by the Supreme Court to review the case in June, 2009; the resentencing process of Antonio on October 13th with the unjust sentence of 21 years and 10 months, the next resentencing of Fernando and Ramon dated for December 8th; and the unchanged sentences of Rene and Gerardo, the latter being the most difficult, and the current rejection to grant visas to Adriana and Olga.


This has been a political case, but it was never before required to exert the power of international condemnation and solidarity before Obama´s Administration that has the legal and constitutional power to put an end to this injustice.


All our efforts in the struggle for the release of the Five are intended to influence United States, where the big media continues to ignore the case. The work of more than 300 committees in over 100 countries has begun to bear some fruit. This a fact acknowledged by the prosecution in Miami itself in the view for the resentencing of Tony: "There is much international noise around the case, it is necessary to improve the image of U.S. justice."


Regarding this, we need to set our goals towards strengthening those aspects that we will work harder on.


Main proposals made by participants to attain the release of the Five
 
1 - Widen working spaces
     
      • Continue spreading the case and demand solidarity among all social    movements and broaden the political spectrum of sectors to which we bring our message, mainly governments, parliaments, religious organizations, celebrities, legal organizations, human rights organizations, trade unions.

      •  Promoting the participation of activists for the freedom of the Cuban Five in the U.S. Social Forum 2010.

      •  Continue to strongly denounce the double standards of the U.S. government that keeps five innocent people in jail and shelters, self-confessed terrorist like Luis Posada Carriles  and Orlando Bosch.
 
2 - Working with Parliamentarians

      • Bond the request of parliamentarians from every country to U.S. Congressmen.

      • Favor the visit of activists for the freedom of the Five to U.S. Congressmen and to the  Speaker of the House of Representatives Nancy Pelosi herself.

      • Bring about the visit of parliamentarians from other countries to the five in their prisons.
 
3 - Working with Trade Unions

      • to have activities organized by or related with trade unions impacting on U.S. counterpart  trade union.

      • To carry posters of the Cuban Five in the demonstrations to take place coming May 1st in  each country.
 
4 - Expand the use of new ICT (Information and Communications Technology)
      
      • Use youtube to upload videos on personalities that could have an impact in the U.S.                  audience.

       • Improve our websites, bulletins and messages, use the social networks that provide the  opportunity to create Blogs, and use Facebook and Twitter.

       • Achieve a larger presence in big media, even publishing a page on a national newspaper in the U.S.
     
        • Disseminate www.cubadebate.cu and www.antiterroristas.cu sites as language reference  centers on the case of the Cuban Five.
 
5 - Cultural Resources

       • Spread knowledge about the intellectual work and artistic sensibility of the Cuban Five.

       • Make use of all cultural events, ranging from concerts to exhibitions, including world known personalities and to strengthen our efforts to bring the case to the media.
 
6 - Solidarity

        • Thousands of people work in the world to lift the genocidal blockade against Cuba, for several reasons not all of them work for the release of the Cuban Five. We must gather the work of all those who are in solidarity with Cuba because demanding the release of the Five is to demand the right of Cuba to live in peace.
 
7. Nobel Peace Prize for the Five
 
8. Demand that the U.S. government must grant humanitarian visas to Olga Salanueva and Adriana Perez.


       * Take advantage of the existence of the International Commission for the Right to Family Visits, whose members are recognized international figures from 27 countries.


        * Carry out actions in every country where there are members of the Commission in order to petition for visas and join with other important personalities who are not involved.
           The petitions should be directed to Barack Obama, and other officials of the United States government.


        * Take advantage of important dates for families and women: Christmas and New Year’s, Valentine’s Day and International Women’s Day.
 
9. Continue the support for the legal battle of the case


         * Regularly report on developments in the case.
     
         * Publicize the contents of the amicus briefs delivered to the Supreme Court, as well as other published legal documents.


         *Continue identifying important figures in the judicial sector in order to involve them in the struggle to free the Cuban 5.
 
10. Work with Governments


         * Obtain statements on the case by  heads of state and other high officials of governments


         *Ask heads of state to request that Obama commute the sentences of the Five
 
11. Work with the younger generations


         * Prioritize teachers as sources to get out information about the Five


         * Use literary work by and about the five to teach young people and reinforce in them ethical and human values


          * Produce literature and other educational tools for people of very young age


          * incorporate the subject of the Five as a component of community projects
 
Important dates to Remember:
December 8:   Resentencing of Fernando and Ramón
December 10; International Human Rights Day
December 24, 25: Christmas Eve and Christmas
December 31, January : New Years Eve and 51st Anniversary of the Cuban Revolution
February 14;   St. Valentine's Day
March 8: International Women's Day
May 1: International Workers Day
2nd Sunday of May: Mother's Day
June 17: Anniversary of the Open Letter to the People of the United States


Participants of the Colloquium for the Freedom of the Cuban 5, Holguin, Cuba

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Photos from the Perth protest for freedom for the Cuban 5  

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Interview with Attorney Richard Klugh on Cuban 5  

[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 to "Free the Five" 12 Sept 2009  

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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