[NYTr] Cuban 5 Vindicated by Court of Appeals Ruling

[nytr at olm.blythe-systems.com]

Agencia Cubana de Noticias (AIN)
http://www.ain.cubaweb.cu

Cuban Five Vindicated by Court of Appeals Rulling

Havana, Aug 9 (AIN) The 11th Circuit Court of Appeals of Atlanta has
overturned the conviction of the Cuban Five and ordered a new trial outside
of Miami, vindicating Cuba’s position that the five men were railroaded to
prison.

The unanimous ruling from the three magistrate panel came down on Tuesday,
17 months after it was filed. It recognized the right of Gerardo Hernandez,
Ramon Labanino, Fernando Gonzalez, Antonio Guerrero and Rene Gonzalez to a
fair and impartial trial in an atmosphere not hostile to the case.

After their arrest in 1998, the Cuban Five were prosecuted for a variety of
charges including espionage and endangering US national security. However,
in their politically charged 2001 trial in Miami the defense argued their
client’s only “crime” was to have infiltrated violent Cuban-American
organizations in Miami with a long history of terrorist actions against
Cuba.

Despite long stretches in solitary confinement and hampered from family
visits, the five Cubans have maintained since their arrest that their only
objective was to protect Cuban and even US citizens from terrorist attacks.

The appeal court’s 93-page ruling contains as background the arguments given
by defense attorneys and is being considered in Cuba and around the world as
an important step in the ongoing legal battle.

The UN Working Group on Arbitrary Detentions had also concluded recently
that the Cuban Five were given arbitrary and unduly harsh treatment by the
US government.

During the delayed process, the defense argued that the US prosecutors
failed to present evidence on any supposed conspiracy and on many of the
charges. Likewise, nearly all the prospective jurors admitted having
negative views about Cuba.

With several press outlets informing on the ruling, the speed of Internet
brought joy to the 246 Free the Five committees established in 82 countries.