Oral argument in the appeal of Gerardo Hernández, René González, Antonio Guerrero, Ramón Labañino and Fernando González, five Cubans unjustly held in United States’ prisons since 1998, took place before the three judge panel of the 11th Circuit Court of Appeals on August 20, 2007.

At the hearing, as at the two prior hearings held in March 2004 and February 2006, both parties—the Government and the Defense—asserted their arguments and responded to questions from the judges.

This hearing is one more step in the long appeal process of these five men since they were sentenced in 2001.  As in the past, the Government of the United States was once again unable to refute the arguments of the Defense and sustain the accusations against the five.

For its part, the Defense, demonstrated irrefutably that the improper conduct of the Government during the entire legal process against the five constituted a flagrant violation of due process that influenced the entire proceeding, primarily by the way in which the Prosecutor invented facts that were not proven at trial, promoted a hostile environment and manipulated the evidence and the jury.

Other key arguments of the Defense that demonstrate the arbitrariness of the process is lack of evidence to sustain the two main accusations—conspiracy to commit espionage and conspiracy to commit murder in the first degree—and the imposition of completely irrational and unjustifiable life sentences.  The Government itself admitted during trial that it could not present a single secret document to prove espionage and that it faced an “insurmountable obstacle” to prove the charge of murder.

Throughout the tainted process the Government admitted that its real concern was to protect the anti-Cuban terrorist groups that operate with total impunity in Miami and to punish those who fight against them.

Next September 12, these five men, accused of crimes they did not commit, will begin their tenth year in prison only because they attempted to protect Cuba from terrorist acts. Cuba like the United States and any other country of the World has a legitimate right to defend itself against the scourge of terrorism that has harmed so many victims.

We trust in the professionalism of the panel of judges and that sooner or later justice will prevail for Gerardo, René, Antonio, Ramón and Fernando.

(Prensa Latina)

Havana, Aug 28 (Prensa Latina) The performance of the Cuban Five defense team is still receiving Tuesday recognition by members from the international jurists' community, after the hearing held at the US Court of Appeals in Atlanta.

On August 20, lawyers of Fernando Gonzalez, Antonio Guerrero, Rene Gonzalez, Ramon Labanino and Gerardo Hernandez refuted several aspects of the trial that condemned them to harsh sentences ranging from 15 years to double life imprisonment.

The Cuban Five, as they are universally known, were detained on September 12, 1998 and subdued to a politicized trial in Miami concluded in 2001 with excessive and arbitrary sentences for monitoring terrorist groups responsible for violent actions against Cuba.

Their defenders centered on three topics: the accusation of conspiracy to murder against Gerardo Hernandez, that of espionage against Gerardo, Antonio and Ramon and the evident bad behavior by the US attorney.

About this issue, the Cuban Parliament President Ricardo Alarcon considered that the arbitrariness by the Attorney's office in the Cuban Five case was sufficient to annul the trial and sentences.

Among jurists who support the case is Paolo Lins, president of the International Lawyers Union of Toronto, Canada, who said the defense team's labor will have deep impact, while Fabio Marcelli, general secretary of the Roma Lawyers Union, said it was realized as it should have been.

Norman Paech, member of the German parliament, Paul Bekaert, member of the Belgium Human Rights League and Chilean jurist Juan Guzman coincided in the defense's claim of arbitrariness.

(Prensa Latina) 28-08-2007

Havana, Aug 28 (Prensa Latina) The performance of the Cuban Five defense team is still receiving Tuesday recognition by members from the international jurists' community, after the hearing held at the US Court of Appeals in Atlanta.

On August 20, lawyers of Fernando Gonzalez, Antonio Guerrero, Rene Gonzalez, Ramon Labanino and Gerardo Hernandez refuted several aspects of the trial that condemned them to harsh sentences ranging from 15 years to double life imprisonment.

The Cuban Five, as they are universally known, were detained on September 12, 1998 and subdued to a politicized trial in Miami concluded in 2001 with excessive and arbitrary sentences for monitoring terrorist groups responsible for violent actions against Cuba.

Their defenders centered on three topics: the accusation of conspiracy to murder against Gerardo Hernandez, that of espionage against Gerardo, Antonio and Ramon and the evident bad behavior by the US attorney.

About this issue, the Cuban Parliament President Ricardo Alarcon considered that the arbitrariness by the Attorney's office in the Cuban Five case was sufficient to annul the trial and sentences.

Among jurists who support the case is Paolo Lins, president of the International Lawyers Union of Toronto, Canada, who said the defense team's labor will have deep impact, while Fabio Marcelli, general secretary of the Roma Lawyers Union, said it was realized as it should have been.

Norman Paech, member of the German parliament, Paul Bekaert, member of the Belgium Human Rights League and Chilean jurist Juan Guzman coincided in the defense's claim of arbitrariness.

(Prensa Latina) 28-08-2007