‘Cuban Five' : the U.S. (Unjust Struggle) against terrorism

5 Cubans have been in prison in the U.S. for already 7 years. Their crime: infiltrating in anti-Cuban terrorist networks in Miami. In 2001 three of them were sentenced to life imprisonment. This for an action that was only meant to prevent terrorism against Cuba. A fair trial, worthy of a constitutional state? Surely not, according to the American Circuit Court of Appeal in Atlanta. Last summer the Court nullified the trial against the ‘Cuban Five'. According to the Court it is impossible to guarantee a fair and impartial trial in Miami in a case Cuba is involved in because the anti-Cuban lobby is much to strong there. Moreover there was a distressing lack of evidence and during the legal procedure gross mistakes were made, mixing up legal and political grounds. Or how the U.S. war against terror often becomes an Unjust Struggle.

Double moral

For more than 40 years the United States have been imposing a heavy economic blockade on Cuba, thereby violating the sovereignty of States and international law. In addition, they finance anti-Cuban organisations in Miami to carry out terrorist attacks on Cuba. Thousands of Cubans already lost their lives because of this. Cuba tries to protect itself from this form of terrorism by letting young people infiltrate in anti-Cuban organisations, as the five imprisoned Cubans were doing. They were looking for information within anti-Cuban terror groups hoping to prevent terrorist attacks on Cuba.
With his ‘war on terror' Bush wants to eradicate any form of terror but this does not prevent him from putting people (unlawfully) in prison if they oppose to the (state) terrorism of the U.S.
So Bush applies a double moral in his ‘war on terror'. How else to explain the United States take terrorists into protection (for instance Luis Posada Carriles and Orlando Bosch who are responsible for, among other things, 73 deaths after a bomb attack on a Cuban airplane), but on the other hand deprive five innocent antiterrorists of their freedom.

Release now!

After the verdict of the Circuit Court of Appeal in Atlanta, the 5 Cubans would be thought to have been released as soon as possible, if only to slightly compensate the injustice they have suffered during the past seven years: e.g. they were not allowed to consult a lawyer, their wives were denied visiting rights, they got no fair trial…
The district attorney's office though is now doing its utmost to impede their release. Nevertheless, it is very simple: the verdict of the five is reversed, their sentences are overturned, so nothing justifies the imprisonment of the ‘Cuban Five' any longer.
Every right-minded politician should fully side with the demand of the different ‘Free the Five' committees and subscribe to the request for their release with great conviction and through all means.

A straightforward policy?

Meanwhile fears are that the United States do not intend to take into consideration the UN report of May 2005 about this sad case. In this report the UN Commission on Human Rights points out the violation of human rights in the case of the ‘Cuban Five' and denounces the arrests as arbitrary. The verdict of the Circuit Court of Appeal in Atlanta is also complacently disregarded.
Amnesty International has various times already questioned the American government about the treatment of the ‘Cuban Five'. But Washington persists in its malice, in spite of the fact that they are obviously in the wrong. Isn't it time that these reprehensible politics with regard to Cuba were exposed? It goes to show how serious the U.S. is concerning its ‘war on terror'. Or how ‘bent' can a ‘straight U.S. line' be?

International solidarity

The case of the ‘Cuban Five' is yet relatively unknown. However, it concerns a serious violation of human rights. It is clear that only strong international solidarity can free the ‘Cuban Five'. The international community has a huge responsibility in this matter. This international community urgently has to support the release of the ‘Cuban Five' and break down the wall of silence around this injustice.
Before the 13 th of February 2006 – the day the Circuit Court of Appeal in Atlanta reopens the case – Europe should develop a consistent strategy in this case and exert enough pressure to enforce a just solution. Flanders and Belgium can take the lead in this.

Kurt De Loor
Member of Parliament (Flanders - Belgium)
Socialist Party
Member of the Commission for Foreign Policy