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Sentenced for being antiterrorist fighters : Chronology of an infamy.

 

SpanishHeroes: Gerardo Hernandez Nordelo, Foreign Affairs Licentiate, Rene Gonzalez Sehwerert, Flight Instructor, Ramón Labañino Salazar, Economic Licentiate, Antonio Guerrero Rodriguez, Civil Engineer and Fernando Gonzalez Llort, Foreign Affairs Licentiate, all heroes of the Republic of Cuba.

By PEDRO MELUZÁ LOPEZ

1998

September 12: The FBI arrests a group of "Cuban spies at 5.30 A.M. they are members of the Wasp Net; they are named:René González, Antonio Guerrero, Luis Medina, Rubén Campa and Manuel Viramontes. Other names are given until reaching 10, among them two women, but according to the statements, the main ones, are the first mentioned. Few hours later of that same day, the FBI reports about the operation and about the arrested ones to Cuban Americans, members of the Representatives ' House: Ileana Ross Lehtinen and Lincoln Díaz Balart, both of long anti Cuban history.

September 21: The 10 mentioned peoples are accused by the FBI at the Federal Miami Court "of working as Cuba's government agents."

September 22: A judge denies bails

September 29: René, Antonio, Luis, Rubén and Manuel are taken to the "hole" euphemistically called Special House Unit, which is nothing but punishing cells with great mould and humidity, where they stay 23 out of 24 hours a day.
They only get out from there during an hour for "recreation" (to stretch legs in an enclosed space with only one hole up the roof). They were kept there for 17 months. The "hole" is located at Miami's Penitentiary Center.

October 2: A Miami's Federal jury starts the process, accusing them of espionage within the USA, and having served as illegal agents of the Communist government of Havana", the local press informs that "the true identities of three of the accused are not known."October 6: Miami Herald and Nuevo Herald inform that an agreement is trying to be reached with several detainees, "with minor responsibilities in the wasp net", who "were not instructed of any charge together with the rest."

October 19: During an interview with CNN at Lisbon, Portugal, President Fidel Castro widely explains Cuba's stance with respect to his homeland's right of defending from terrorist acts held against the Cuban people. These acts are being organized and financed from USA. He informs which the goals were of the five Cuban patriots, already arrested, who risked their lives so as to obtain and inform on criminal actions being carried out with North America's tolerance and complicity. Fidel reiterates the island is not interested in any type of information on U.S.A.'s strategic matters.

1999

May 7: After eight months of arrest within the "hole", the District Attorney's Office introduces its indictments against the five. They are being charged of 26 felonies, The Justice Department's Penitentiary's Bylaws are clearly violated since one of its items clearly states this rough punishment should be applied to detainees in "disciplinary cases" and for 60 days at the most.

June 24: Antonio Guerrero writes his poem "I will return" with Polo Montañez's music who also sings the poem. Two of its strophes say : From North to South I will give to the people/ a share of love hidden in me / From East to West I will raise the forehead / with kindness always promised/ I will sing my songs to fate/ and with my voice I will make death shake."

August 25: Defense Attorneys complain to judge Joan Lenard because of restrictions imposed on access to documents (100 000 pages). We have to work in a "gloomy place", they say.

September 29: The five already serve 12 months of confinements within punishing cells.

2000

February 3: Defense Attorneys introduce motions to judge Joan Lenard where they argue sessions should be held outside Miami -Dade, since there is a core of a right wing anti Castro exile " there is no ideal conditions for a fair trial here" According to the Nuevo Herald, Defense lawyers believe it will be extremely difficult to find enough people to form part of an impartial jury for the case."
Hearings should start on May 22.March 15: The judge states the trial "would have to wait until September."

March 16: This process will be much more interesting than any TV program, Judge Joan Lenard, declares wise and severe to the Miami Herald.

July 27: Doctor Lenard decides the trial to be carried out in Miami and not in Fort Lauderdale, as Defense Attorney, William Norris, had previously requested. Mr. Norris had pleaded the impossibility of a fair sentence in that community. He quotes five antecedents in that sense and the judge states September 5 for the beginning of the trial, but later the trial is adjourned.

August 1: The District Attorneys' Office declassifies 700 pages of secret documents linked with the process due to the Defense Attorney's request. However, the judge decides such texts can not be of public knowledge, obeying
pressures from the same District Attorneys' Office.

August 31: District Attorneys, federal agents as well as FBI's and attorneys travel to Cuba for Cuban witnesses to testify.

September 25: Attorney Joaquín Méndez, representing Fernando González (Fernando Gonzalez was still named Rubén Campa) asks the District Attorney's Office to force FBI to hand over all available information about the known terrorists Luis Posada Carriles, Orlando Bosch, Nazario Sargent, Hubert Matos, terrorists, Luis Posada Carriles, Orlando Bosch, Nazario Sargent, Hubert Matos, Ramón Saúl Sánchez and José Basulto, likewise terrorist organizations such as: Alfa 66, Omega 7, Cuban American National Foundation and Brothers to the Rescue, among others.

October 12: The District Attorney's Office denies requested information, needed for the trial.November 6: René González's letter to his wife Olga: "I want you to remember... nobody has the power of making me unhappy here, as nobody could make you unhappy when you were jailed, going through very bad moments...Be happy by all means, do not allow pessimistic thoughts, or an unpleasant remembrance or the trace of a meanness sometimes inflicted to you. Think that you overcome all things you went through in and out jail, due to your strong character, moral and principles...What I like most: to think about you and build in my mind our future, together."

November 21: René González starts to write a diary where he would register details of his captivity, of his strength and that of his mates, on District's Attorney's Office's false arguments and indictments against them In his diary, he unveils details of the whole trial.

November 27: The legal process is started at Miami, against Gonzalez, Guerrero, Medina, Campa and Viramontes. The first sessions are dedicated to choose possible juries. The Nuevo Herald states that the District Attorney's Office asks for all the accused, sentences that could reach 10 years, for having served as foreign agents without communicating it to the North American government." It goes on saying, may be one of them shall receive a bigger penalty.

November 28: Manuel Viramontes admits that his true name is Gerardo Hernández Nordelo.

December 2: In a first page article, The Nuevo Herald, writes :" The fear is considerable to a violent reaction caused by the Cuban exile if a jury decides to absolve the five men, accused of having spied for the island regime, and this has led to many potential candidates to ask the judge to excuse them of civic duty." The journal, speaker of the most recalcitrant of anti Cuban groups, quoted one of those citizens: "Yes, I am afraid for my safety if verdict does not please the Cuban community."

December 6: Two of the accused reveal their true names: Luis Medina is Ramón Labañino and Rubén Campa is Fernando González. According to Miami press, defense declares this situation has a lot to do with anti Castro organizations, since they represent a real danger for the Cuban government in their steady goal of trying to topple the island's regime. This is how the Cuban government felt the need of keeping itself informed on dangers and threats.

2001

January 13: An article published in Saint Petersburg Times quotes in one of its paragraphs: "Considered as the biggest Spies' Trial in Florida's Strait's history, the case has practically not called the attention of the national press, this may be has something to do with the elections, which has been quite intense in Florida, but also it could be dealing with a potential jury's statement that considered the case as the Mickey Mouse's five spies, whose actions had no consequences at all for anybody outside the hysterical exiled community of Cubans in the South of Florida."

January 21: Ramón's First letter to his wife Elizabeth, after spending 17 months in the "hole" "During the most difficult moments, in the most extreme loneliness, when we missed even human voice, I always recalled you and without any doubt, eternally at my side, also there was my mother. There were all, my daughters, my beloved ones and friends and in a very top place that first mother we all due, my homeland."

February 1: First letter from Gerardo Hernández, after 17 months of lacking communication in the "hole" "I am the one who is proud of you. For me the most important thing in the world is you all to be at my side, that you understand the need and importance of this sacrifice I have imposed upon you....I am living the life I have chosen, the one I always dreamt about and that is why I have nothing to complain or regret...Sacrifice will never be greater, than the ones others did with their own lives for the homeland... I will never let you down."

March 6: North American Admiral, Eugene Caroll, former U.S. Navy Operations' vice chief, testifies that Cuba had previously warned about constant air raids over Havana, made by planes belonging to Brothers to the Rescue, which could bring serious consequences if they would continue. Two weeks after February 24, I informed on this event to the White House and CIA, but they did not do me any case, Admiral Carroll concluded.March 20: Colonel John George Buchner testifies, (Buchner occupied an outstanding position in the System Command of the Air Defense of North America and declares that Brothers to the Rescue's flights over Cuba were "military movements" in planes which " had all military traces" He adds that he arrived to this conclusion after listening to the tapes handed by Havana's control tower, besides knowing public statements made by Brothers to the Rescue.

March 21: New testimony of George Buchner, who admits that planes could have been shot down over Cuban territory.

March 28: Alarm and panic reigns among the Miami Mob. Rui Ferreira who reports the trial for The Nuevo Herald writes: They are trying to blame the exile of a series of aggressions and present Fidel Castro's regime as a victim."
Rui Ferreira then quotes statements made by terrorist Raúl Saúl Sánchez, who called the Cuban exiled community to abstain themselves of testifying so as preventing them to be placed at the accused bench"

April 16: General Charles Wilhelm testifies, former commander in chief of South Command. He ascertains that service intelligence infiltration hostile to that Army Command, is a mere remote possibility because of the high security level of the military facility. So, a considerable defeat was given to the District Attorneys' Office' false accusations that Cuba was trying to leak the quoted base.

April 30: "After four months on trial, Prosecution has not yet introduced considerable evidences to sustain charges against the five suspicious men of spying for Cuba, attorneys and observers coincided." That is what Rui Ferreira says within The Nuevo Herald on this day.

June 1: Pleas from the Defense bench and Prosecution come to an end after 102 hearings. Deliberations of the twelve trials begin.

June 8: A biased trial suffering a great pressure from the Miami mob, declares the five guilty.

June 9: Several juries and widely known anti Cuban leaders gladly share impressions. Local TV network broadcasted the incredible event.

June 17: The five unfairly sentenced air a message to the North American people: "We did not violate nor jeopardize the North American people's security and we did contribute in some measure to unveil plans and terrorist actions against our people , preventing death to Cuban and North American innocent peoples: "... We declare ourselves innocent... our families will feel proud for our dedication in favor of mankind in the struggle against terrorism."

June 20: Granma, a Cuban daily edition, publishes detailed information about the jury's decision. This decision was a political manipulation, the news was released under the headline; Heroic Behavior in the Entrails of the Monster".
It has just been committed a repugnant injustice. The trial is regarded as a fraudulent and cynical move. The news continues with the edition of the courageous message, the patriots addressed to the North American people, written in

June 17. During the evening of June 20, a new TV program takes place: The first Round Table is broadcasted named: "In the Entrails of the Monster" where police and jury behavior is unmasked and evidences are revealed about the five's innocence. President Fidel Castro attends this fist Round Table, where notice is given of the long list of terrorist actions against Cuba, all organized at Miami by the anti-Cuban mob, once more innocence of the five is reiterated. The five have kept a worthy attitude throughout four years. Homeland contemplates you all, proud. The panel of the TV program, the Round Table, ends.

June 23: With the presence of 60 thousands peoples all gathered in a combative Open Tribune of the Revolution at Havana's Cotorro municipality, President Fidel Castro states that the battle of ideas the Cuban people is taking ahead, is now reinforced with the demand of serving justice in favor of the five Cubans, so as to set them free. During evening hours of that same day Commander in Chief, Fidel Castro states in a TV program that the five patriots have risked their lives not only for the Cubans but also for the North Americans: "These comrades have committed no crime and we are willing to prove they are political prisoners of the empire," he concluded.

June 25: Rene's Diary is started to be read during the Nightly program, the Round Table, allowing to get acquainted on details of the fraudulent trial at a Miami Court. That same day and after the visit the Secretary of Justice of USA, John Ashcroft paid to Miami; he met himself with executives of the Cuban American National Foundation.
The five are sent again to punishing cells, where they will stay for 48 days. This is the same "hole" where they had been before for 17 months of confinement in solitary.

June 27: Cuba denounces this new action against the five adopted in reprisal for their dignifying attitude and the battle already initiated in the island for their freedom.

July 23: The first Solidarity Committee with the Five is announced in USA.

July 25: Antonio Guerrero's poem book "From my Altitude" is launched, at the Jose Marti memorial. Outstanding personalities of the Cuban culture are present: Cintio Vitier and Roberto Fernandez Retamar, both intellectuals praise the work.

July 26: A people's rally, in front of the Interest Section of USA in Havana is carried out, regarded as the biggest of all in the national history. More than one million citizens from Havana demand the five's release who defended their people from death. President Fidel Castro leads this huge rally.

July 27: Granma Daily edition publishes a gratitude letter from the five to the Cuban people, due to its actions in favor of their freedom, likewise a poem is ncluded "Stanzas for my people", signed by the young men.

July 28: The first Latin American Committee of Solidarity is created in Uruguay. The second was in Argentine.

August 4: A statement by the Cuban parliament is made declaring the five are innocent; no crimes have been committed by them.

September 11: The Cuban five repudiate at once terrorist attacks held in New York and Washington. Gerardo Hernandez offers to donate his blood to the penitentiary authorities and Ramon Labañino asks his wife to tell the North American people his will as well as the rest of his four inmates of collaborating with anything possible. He stresses the fact that due to their attitude of preventing terrorist acts is the cause of their confinement.

December 7: The Cuban Chancellery sends the North American Department a protest note for the decision of handing just five visas to the five's relatives.
The ones authorized to travel for the sentence hearings to Antonio, Gerardo and Rene's mothers. Visas were denied to staff required to accompany the mothers, they were all aged women.

December 10: Defense Attorneys denounce irregularities during the process and the precarious conditions of detention of the five, aspects which must be taken into account at the time of dictating sentence, "because conditions have been particularly tough and irregular"

December 12: Gerardo Hernández is condemned to two life sentences plus 15 years. In his plea , he points out "I trust that if it is not in this one, in some level of the system, reason and justice will prevail above all, far from political prejudices and vengeance wishes and it will be understood no harm has been done to this country, so as to deserve such a sentence, but if it were not like that, allow me to repeat the words of one of the greatest patriots of this nation, Nathan Hale when he said: I only regret not having more than one life to give it to my homeland."

December 13: Ramón Labañino is condemned to a life sentence plus 18 years. He pronounces his plea and expresses; "If avoiding death of innocent human beings and defending both countries from terrorism and avoid a useless invasion I am condemned today, I will wear the prisoner uniform with the same honor and pride with which a soldier carries his most precious badges.!

December 14: Rene Gonzalez is sentenced to 15 years and states in his plea: I do not have reasons for regret...I am in the right road... In the end, this matter of the Cuban agents has an easy solution, Let Cuba live, respect the Cuban people's sovereignty."

December 17: I reaffirm my proud of being part of the Cuban people and of its Revolution, Fernando González states in his letter to the rest of his four comrades' mothers. To his wife he had written months before; "In these moments, I have you here and as you have always been until the final victory, no matter what the sentence might be."

December 18: Fernando is sentenced to 19 years, reading his plea he points out: I sincerely trust that some day Cuba will not have any need of peoples like me, voluntarily and for love to my country and its people, of coming to this country to fight against terrorism. All man who respects himself is owed first to his homeland. During my years of confinement, I will always take with me the dignity I have learnt from my people and its history."

December 19: The Cuban Parliament agrees to confer the condition of "Heroes of the Republic of Cuba" to Gerardo, Ramón, Rene, Antonio and Fernando: Likewise it confers the "Mariana Grajales" decoration to the five heroes' mothers and "Ana Betancourt" decoration to their wives.
President Fidel Castro reiterates, the five will return to their homeland: I repeat, reiterate and emphasize they will return! Naming the coming year as: "Year of the Five Heroes. Prisoners of the Empire" The Cuban Parliament approves this proposition.

December 22: In an Open Tribune, with thousands of participants at "Ciudad Escolar Libertad" President Fidel Castro says Cuba's truth will reach every corner of the globe; truth itself is the basis for the five Cubans' complete security unfairly jailed in Miami that surely will return to their homeland.

December 27: Antonio Guerrero presents his plea, after listening to his sentence that is a life imprisonment plus 10 years of confinement. "I love the island where I grew up, and was educated, also I love this country in which I was born, where during the last 10 years of my life I have given and received true samples of love and solidarity ... I am fully convinced that a friendly bridge between both people is inevitable, but also among all the peoples of the world.. I have never done any harm to anybody or jeopardize U.S.A.´s security. One day will come in which we no longer live in fear and death and in that historical day, real justice for our cause will be seen."

December 31: The five heroes air a message in which they thank honor granted to them and reaffirm their commitment with their homeland.

2002

January 1: The five also congratulate the Cuban people with a message due to the 43 anniversary of the triumph of the Cuban Revolution.

January 29: Three of the five, sentenced to life imprisonment are moved by plane from Miami to Atlanta prison, Georgia: Gerardo, Ramon and Antonio. They were also handcuffed with a black box which is a device added to handcuffs so as to reinforce the lock and be able to localize most dangerous prisoners at a distance.
This "black box is very uncomfortable and might hurt the skin. When they reached the Atlanta Penitentiary, they were taken photos and fingerprints; once more they are placed in the single house unit, SHU or hole.

February 4: Gerardo and Ramón are taken to the El Reno prison, Oklahoma; weathers are so low that guards wear coats and gloves. Prisoners wear pull over. This is the last opportunity in which the five see each other.

February 8: Gerardo is taken to Lompoc, California, his last jail.

February 12: Ramón leaves Oklahoma and arrives to the isolated prison of Beaumont, Texas his final destiny; he is transferred to the "hole", for a week.

February 20: Fernando is moved to Indiana prison, where he stays five days in the "hole".

February 22: René arrives to his last prison in Loreto, Pennsylvania and he is sent to the hole.

February 25: Fernando arrives to Oxford jail, Wisconsin.

February 28: Antonio communicates to his family he is at Florence jail, a tiny point at Colorado.

March 12: Rene is moved to McKean prison, Pennsylvania a two hours road from Loreto where he was previously located.

April 4: Cuba's Journalist Union grants the "Felix Elmuza" decoration and the condition of Members of Honor to Gerardo Hernández and Rene Gonzalez. Caricatures and notes from both of them have been key issues to unmask North American government's double standard and some sectors' strong dedication of the extreme right wing of anti Cuban organizations residing in USA

April 20-28: Gerardo's mother and sister visit him for five occasions at Lompoc.

April 21: Rene's father visits him at McKean prison. They had not seen each other for twelve long years. Visa is denied to Rene's wife, Olga, she is unable to visit him.

April 22: Fernando's mother and wife visit him at Oxford prison.

April 23: North American State Department denies visas to Olga Salanueva, Rene's wife and Yvette, their four years old daughter. They are not allowed to go ahead with a previous scheduled visit.

May 1: Seven millions of Cubans throughout the whole country raised their voices in May parades to demand the return of the five heroes, prisoners of the empire.

May 4 -21: Antonio's mother and eldest son visit him at Oxford prison for seven occasions.

June 14: Rene is visited by his eldest daughter and grandmother. They could not see each other since he was arrested.

July 25: Gerardo's wife, Adriana, is held for ten hours at Houston airport when she travelled to visit her husband. North American authorities did not authorize her entrance to the country in spite of having previously received the visa; she has to return to Havana.

November 12: Antonio Guerrero's attorney, Leonard Weinglass introduces at Florida's District Court, a motion requesting a retrial for the five.

November 15: Weinglass introduces a motion for Defence Attorneys to have access to classified documents considered secret.

2003

February 5: Joan Lenard, judge of Florida's South District denies the motion introduced by Attorney, Leonard Weinglass with respect to the granting of authorization to have access to classified information considered secret.

February 10: The judge herself rejects the motion for a retrial in an impartial venue.

February 28: Gerardo Hernandez is moved to the "hole" without any reason explained by the prison's authorities.
The other four are also put in the hole at the beginning of March. They are completely isolated and they were not allowed to be visited. Authorities never explained the reasons for such a punishment.

March 12: Cuban chancellery issues a protest statement due to the confinement in solitary arbitrarily imposed to the five heroes.

April 1: The Cuban parliament releases a public statement informing the five have been taken out of the "hole" and have been transferred to their regular cells.

April 7: Defence Attorneys introduce a report to Atlanta's Eleventh Circuit. They request a retrial with an impartial venue.

November 17: Visas to Olga Salanueva and Adriana Perez are once more denied. They are prevented from visiting their husbands Rene Gonzalez and Gerardo Hernandez. Yvette, Rene and Olga's youngest daughter is also prevented to visit her father, Visa is denied to the little girl.

December 16: Atlanta Court of Appeal grants an oral hearing for the case, this will take place at Miami, March 10,


2004

January 13: Cuba's chancellery considered North American State Department's decision of giving back passports and visa's requests for Rene and Gerardo's wives, as merciless and violating the international right of the North American constitution itself. The statement rejects this inhuman decision that prevents Olga and Adriana to visit their husbands. During the last years, visas to these women have been denied for three occasions.

March 10: The Eleventh Circuit Court of Appeal in Atlanta, United States, held a hearing on the case, due to an appeal introduced by the Defense Attorneys, yet no statements have been produced by them The oral hearing of the Eleventh Circuit Court of Appeal took place.
 

December 23: Cuban parliament's deputes air a call to parliaments and its members all over the world to support the five's cause. Political prisoners held in the United States.

December 27: There are 202 Solidarity Committee for the Five's in 78 countries. There are 17 committees within the United States.

2005

May: The United Nations Human Rights Commission's Work Group on Arbitrary Detentions has ruled that the detention of and subsequent judicial procedure against the Cuban Five were arbitrary and illegal. The work group is an independent panel made up of legal experts from Iran, Paraguay, Algeria, Spain and Hungar

August 9: The 11th Circuit Court of Appeals of Atlanta unanimously overturned the convictions of the Cuban Five and ordered a new trial for them out of the hostile, prejudiced atmosphere of Miami.
 

(Sources: "Granma Daily News", "Juventud Rebelde" and "Trabajadores" daily editions; Latin Press and AIN Agencies; Web pages from different sites, mainly Foreign Affairs' and Bohemia's Web pages; El Nuevo Herald and Miami Herald.)

 

 


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