Wayne Smith: Another injustice

Posted by: "Sandra Levinson" [EMAIL PROTECTED]
Thu Nov 2, 2006 4:28 pm (PST)

Dear Friends, It is so important that people understand WHO these five
men are and WHAT was their mission: NOT spying. They were sent here to
infiltrate TERRORIST groups, groups which included the group which took
responsibility for the plastique bomb planted in the Center for Cuban
Studies when I was working (and could easily have been killed but for a
structural column of the building
*
*
*--------------------
Another injustice
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By Wayne S. Smith

October 13, 2006

On Sept. 23, some 700 people marched on the White House, demanding
freedom for the so-called "Cuban Five," and over the past few weeks,
meetings have been held around the country with the same demand.

This seems to puzzle, and perhaps irritate, many Americans. As a
neighbor of mine put it: "They were sent up to spy on our government,
weren't they? And weren't they convicted of espionage? So how can
anyone say they didn't get what they deserved?"

But the answer is: No, they were not sent up to spy on our
government. Rather, they were sent up in the early '90s to penetrate,
and provide information on, Cuban exile organizations suspected of
terrorist activities against Cuba, organizations such as Brothers to
the Rescue, Alpha 66, Omega 7 and others.

And no, they were not convicted of espionage. They were not even
charged with espionage. The activities of the Five had to do with
obtaining information on the activities or plans of private,
non-governmental groups, which is not a crime.

And so, to have something to charge them with, the federal government
turned to "conspiracy to commit espionage." In other words, it
alleged, they had agreed among themselves that at some unspecified
future time, they would spy on the U.S. government.

However, there was not a shred of evidence to back that up, nothing
to indicate that was what they intended. But not to mind. The lack of
evidence bothered the jury not at all.

Another common misconception is that whatever the Five were doing
here, it must have been intended to do harm to the U.S.

But again, no, the intent was not to do any harm to the United
States; rather, it was to gather information on the illegal
activities of these exile organizations and then, since Cuba could
not act on it, to provide that information to U.S. authorities. And
this was done.

In the summer of 1998, the Cuban government invited representatives
of the FBI to Cuba, where they were handed a memorandum documenting
terrorist activities on the part of a number of Miami organizations
and urged to take action against these violations of U.S. law.

But the FBI took no action at all against any exile organization.
Rather, in the fall of 1998, it arrested the Cuban Five on charges of
conspiracy to commit espionage -- almost certainly because it
suspected them of having provided the information in the memorandum.
In short, the FBI moved not against the terrorists, but against their
accusers!

The Five -- Gerardo Hernandez, Rene Gonzalez, Ramon Labanino Salazar,
Antonio Guerrero and Fernando Gonzalez -- were put on trial in
November 2000, convicted on June 8, 2001, and given sentences ranging
from 15 years to two consecutive life terms.

Were the Five altogether guiltless? No. They were, admittedly, the
unregistered agents of a foreign government, a transgression that
might at most have resulted in a few years jail time -- or less,
given that they had provided to the U.S. information that could have
been crucial, had the U.S. chosen to use it.

By all rights, they should have long since been released. Rather than
that, they have now been in prison under difficult conditions for
over eight years, and facing a lifetime more.

Perhaps the most unjust case of all is that of Hernandez, who had
penetrated the Brothers to the Rescue organization and was charged
with conspiring with members of the Cuban military to murder four
members of that organization whose two planes were shot down in or
near Cuban airspace in 1996. But the charge is utterly absurd.

Brothers to the Rescue had long been overflying Cuban territory. In
January 1996, the Cuban government issued a public warning that if
they came in again, they would be shot down. A diplomatic note was
sent to the U.S. government, again demanding that it take measures to
halt such flights. It did not. On Feb. 24, three Brothers to the
Rescue aircraft, heading for Cuba, were warned by the Havana tower to
turn back. They did not. Two planes were shot down, resulting in four
deaths.

An overreaction on Cuba's part, yes, with tragic consequences, but
Hernandez had nothing to do with it. Indeed, that a jury could find
them guilty of so phony a charge I would take as proof that these men
could not possibly receive a fair trial in Miami.

Three judges of the Eleventh Circuit Court in Atlanta seemed to think
so: In August 2005, they revoked the sentences and ordered a new
trial in a location other than Miami.

But, in August 2006, after apparently having been prodded by higher
authorities, the entire Eleventh Court rejected the three judges'
decision reversing the sentences, denied a new trial and ordered the
case to be sent back to the panel for its consideration of remaining
aspects. We will see what comes of that.

Meanwhile, a grave injustice has been done to the Five and the
credibility of the U.S. system of justice has been tarnished. This is
a wrong that must be corrected. Our honor demands it.

Wayne S. Smith is a senior fellow at the Center for International
Policy in Washington, D.C. and an adjunct professor at Johns Hopkins
University in Baltimore. He is the former chief of the U.S. Interests
Section in Havana (1979-82).

Copyright (c) 2006, South Florida Sun-Sentinel

***

March to Defend the People of Oaxaca
Stop the Repression! Ulises Ruiz Resign Now!

WHEN: Saturday, November 4 at 10 am

WHERE: Meet at the march site: 2727 W. Pico Blvd, LA
(Saint Thomas Chuch corner of PIco and Fedora)

March to the Mexican Consulate
6th and Parkview across from Macarthur Park
(North of Wilshire, West of Alvarado)

Join Mexican, Indigenous, immigrant rights and other progressive groups, at 
a march to defend the people of Oaxaca, Mexico this Saturday in Los Angeles. 
We are urging all progressive people to come out to make your voices heard. 
Demand an immediate end to the brutal repression being carried out by the 
Mexican federal police, against an ongoing peaceful occupation by the people 
of Oaxaca.

Heavily-armed federal police have stormed Oaxaca City, while the people are 
defending themselves with sticks, barricades and burning tires. The people 
are in great danger and need our solidarity.

Justice for the people of Oaxaca!
Withdraw the police, stop the repression and the killing!
Ulises Ruiz resign now!
Freedom for political prisoners!

The struggle in Oaxaca began on May 22 when Section 22 of the national 
teachers union went on strike. On June 14, Oaxaca's governor, Ulises Ruiz, 
brutally repressed the teachers with a mobilization of several thousand 
police. Several teachers and other protestors were killed. In response 
workers, farmers, students and others joined to form a resistance group 
called the APPO, "The Popular Assembly of the Peoples of Oaxaca."

Initiated by APPO-LA, Comité pro Democracia en México, Padres unidos de 
Maywood, Mexicanos Unidos in Defensa del Pueblo, ANSWER Coalition, Nueva 
Antequera, Communidad Católica de Oaxaca, Comunidades Zapotecos, Chatinos, 
Yalaag, SP Cajonos and SF Cajonos, Danza Cuauhtemoc, Macuiltianguis, Union 
del Barrio, La Otra en el Otro Lado, Latino Movement USA, FIOB-ORO and more.

-###



Alan Dershowitz, a legend in his own mind, will debate Hussein Ibish, once 
voted best Arab American spokesman, at Sinai Temple, 10400 Wilshire Bl., 
corner of Beverly Glen in West L.A., on Wed. Nov. 8 at 7 PM, with a Q & A 
segment, moderated by Rabbi David Wolpe. $20 presale via www.sinaitemple.org 
or tel. 310/481-3243. $10 more at door. Another $10 more to include the 9 PM 
Singles Salon w. dessert, for Jewish professionals up to 39. So far 
sponsors, Sinai Temple & StandWithUs, are "disappointed w. so few Arab names 
reserving." So, give us a discount, already, you owe us. (extracted from ad 
in 10/20 Jewish Journal) -AFS






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