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The Incredible Case of the Cub

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The Incredible Case of the Cub The incredible case of the Cuban Five International Commission of Inquiry into the Case of the Cuban Five The incredible case of the CUBAN FIVE Evidence from the International Commission of Inquiry into the Case of the Cuban Five Law Society, London March 7 - 8, 2014 Report The Commission of Inquiry was initiated by Voices for the Five, an international coalition of campaigners calling for freedom and justice for the Cuban Five. It was widely endorsed by internationally renowned personalities. www.voicesforthefive.com Edited by Isabelle Vanbrabant, Iniciativa Cuba Socialista Copy edits by Nancy Kohn, International Committee for the Freedom of the Cuban 5 Cover by Steven Struyf Printed by EPO, 2015 Dedicated to Gema, baby daughter of Adriana Pérez and Gerardo Hernández, as testimony to the abiding love, hope, and perseverance of her parents Table of content Prologue ...............................................................................................11 Introduction ........................................................................................15 – The case of the Cuban Five ..........................................................15 – The Commission of Inquiry .........................................................20 The commissioners ........................................................................21 The coordinators ...........................................................................24 – The proceedings ...........................................................................26 The International Commission of Inquiry 7 & 8 march 2014 ........29 – Friday, March 7: Terrorist Attacks against Cuba and the activities of the Cuban Five in Miami ..........................................29 Session 1: Terrorist attacks against Cuba ..................................29 1. Statements of the witnesses .......................................................30 2. Statements from experts ............................................................39 Session 2: The activities of the Cuban Five in Miami to prevent terrorist attacks on Cuba ...........................................77 – Saturday, March 8: The unfairness of the treatment of the Cuban Five ..............................................................................99 Session 3: Arrest, conduct of the trial, detention conditions and visiting rights .........................................................................99 1. Statements of experts ...............................................................100 2. Statements from witnesses ......................................................134 Findings of the Commission of Inquiry into the case of the Cuban Five ...................................................................................151 – Preliminary Findings .................................................................151 – Final Findings .............................................................................154 Annexes ..............................................................................................175 – Schedule A ..................................................................................175 – Summary Report of Peter Schey ................................................176 – Exhibits of Martin Garbus ..........................................................176 – Statement of Irmita González, daughter of René González ......176 – Statement of Ricardo Alarcón, ex-president of the Cuban Parliament .......................................................................178 – Letters of support ........................................................................182 – List of endorsers ..........................................................................187 – List of donors ...............................................................................194 It always seems impossible until it’s done. NELSON MANDELA In September 2012 we organized a meeting with Olga Salanueva, wife of René González, and Jan Fermon, former vice president and cur- rent chair of the International Association of Democratic Lawyers, in Brussels. Together we talked through what already had been done for the Cuban Five and what more we could do next. ‘Why not organize a prestigious, international commission of inquiry into the case of the Five?’ Mr. Fermon suggested. And so we got the ball rolling. In November, we proposed the initiative in Berlin, at the European Solidarity Meeting with Cuba. It received the support of all organiza- tions present. More than a year after the first meeting between Olga Salanueva and Jan Fermon we were able to organize the International Commission of Inquiry into the Case of the Cuban Five in London, with the support of many people, both personalities and activists. It was one of the many steps that were taken worldwide to build up the jury of millions. After two days of hearing witnesses and experts, the judges came to unani- mous preliminary findings. They took a few months to write the final findings. Unfortunately, by that time Judge Sabharwal had become too seriously ill to undersign them anymore. We thank everyone who has helped to bring this commission of in- quiry to a successful conclusion. In particular, the three internationally renowned judges, Judge Zakeria Yacoob, Judge Philippe Texier and Judge Yogesh Sabharwal, who invested their precious time to make this initiative a success. We are especially happy that the Cuban Five are free today, and that this book is no longer needed for further cam- paigning. It remains as a testimony to the commitment of all those 9 people that led to the end of 16 years of unjust imprisonment and the return of five Cuban heroes to their families. As the late Nelson Mandela said: ‘It always seems impossible until it’s done.’ We freed the Five! Katrien Demuynck EUROPEAN COORDINATOR OF THE FREE THE FIVE CAMPAIGN 10 Prologue The International Commission of Inquiry into the case of the Cuban Five, held in London March 7-8, 2014, was as good as it gets. There was a packed house for each session in ideal quarters, the his- toric and spacious Law Society in the center of the city. Participants came from 27 countries, including England, Belgium, Cuba, and the United States, as a direct result of the massive global support for the Five. The reason for the passionate support for the Five is clear: The Cuban revolution, the most important in our times, overthrew a to- tally corrupt government that invited foreign exploitation of Cuba’s resources including the labour of the poor, and permitted foreign criminal elements to profit from open gambling, prostitution, drug sales and strong arm tactics to protect their actions. When the rev- olution succeeded in 1959, some thousands of Cubans who had benefited from the old regime fled with all of the wealth they could carry. A large, emotionally charged number settled in nearby Miami, angry and anxious to return to Cuba, and to bring back the “good old days” and their corrupt ways. The attempted major invasion at the Bay of Pigs in the spring of 1961 revealed the magnitude of the exiles’ passion for a return to pre-Revolutionary Cuba, and more dangerous, the strong political support the armed exiles received within the United States. Over the years that followed there were thousands of attacks on Cuba, the vast majority from U.S. soil and launched from the Miami area, resulting in more than 3,000 deaths of Cubans living at peace in their own country. Thousands more were injured. 11 The same revolutionary Cuban government that brought infant mor- tality down from 100 deaths per 1,000 births, to less than 20 deaths per 1,000 births during their first few years in power, acted vigorously to prevent and resist armed attacks from abroad against its people. But operating from protected bases close to Cuba, only minutes by air and knots by sea, made interception of any attackers extremely difficult. As one means of defending its population from foreign-based terrorist aggression, Cuba sent five carefully selected, highly qualified, and well trained young men to infiltrate hostile operations in the Miami area who were conducting terrorist assaults against Cuba. With advance knowledge, Cuba could provide advance warnings of planned attacks, enabling Cuban forces to intercept and prevent these international crimes. It was an assignment that took courage, sacrifice, love of coun- try, and nerves of steel. The Five left their country, family and friends they loved in the most exciting and successful political/social revolution of our times to infiltrate and win the confidence of violent fanatics conducting a war against Cuba. Their goal? To end a terrorist campaign that was punishing Cuban civilians, men, women and children, from protected bases in the U.S. The presence in the U.S. of the Five was detected. They were arrested, held separately in isolation, finally tried in a U.S. Court in Miami where the seething hatred of the Cuban exile population and its prominence in the community made a fair trial unsuccessful, convicted and given draconian prison sentences. The longest – two life sentences – assured that one of the Five would never be free again. History records few who have given so much for their country, in so righteous a cause. The Burghers of Calais, six men who surrendered themselves to England in 1346 to save their starving city, immortalized by the heroic bronze statues of Auguste Rodin, come to mind. 12 How wonderful it would be for Cuban artists to create heroic statues of the Cuban Five – Gerardo
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