This motion was passed unanimously at the recent CPGB-ML party congress
This congress condemns the ongoing unjust imprisonment and detention in the United States of Gerardo Hernández, Ramón Labañino, Antonio Guerrero, Fernando González and René González, the Cuban citizens who went to the United States with the aim of infiltrating Miami Cuban circles for the purpose of finding out in advance about any intended terrorist attacks being prepared against Cuban national interests. Their arrest and conviction on charges of espionage against the US and conspiracy to commit criminal acts constitute one of the most glaring indictments of the US legal system.
This congress notes that even ex-US president Jimmy Carter has been shocked at the treatment meted out to these men, known to the world as the Miami Five, and has said: “I believe that there is no reason to keep the Cuban Five imprisoned. There were doubts in the US courts and also among human-rights organisations in the world. Now, they have been in prison 12 years, and I hope that in the near future they will be released to return home.”
Congress further notes that recent evidence shows that the US government was paying journalists in Miami to keep writing tendentious articles about the case at the time that it was being heard with a view to influencing public opinion, the jury, and the likely outcome of the trial. At the time of the trial it was well known that the Miami press was printing such material, and application was made several times for a change of venue for the trial because the publicity was ensuring that there was no way a trial in Miami could be a fair one. However, the judge refused to countenance a change of venue. One can surmise what would have been the effect on the judge’s career had she flown in the face of government expectations in this regard!
This congress believes that, even if the Five had been guilty of the offences with which they were charged, the sentences imposed on them would be considered totally disproportionate in any country that laid claim to being observant of human rights. These patriotic comrades were convicted on 8 June 2001 and sentenced to four life terms and 75 years in December 2001.
Congress notes that, on 9 August 2005, after seven years of unjust imprisonment, the Miami Five won an unprecedented victory on appeal. In a unanimous 93-page decision, a brave three-judge panel of the 11th Circuit Court of Appeals overturned the convictions and ordered a new trial. The court rightly called their prosecution “a perfect storm” of pervasive community prejudice, government misconduct and extensive negative publicity before and during the trial. However, the Bush administration appealed, and exactly one year after the favourable ruling granting the Five a new trial, the full panel of the 11th Circuit Court ruled to reverse their decision. The Cubans’ convictions were reinstated, although later court decisions reduced the sentences of Fernando González, Ramón Labañino and Antonio Guerrero. René Gonzalez has already been released (on 7 October last year) but is being kept in the US on three years’ probation, so that he cannot return to Cuba but has to remain in Miami, where he is at risk of being murdered by Cuban expatriate terrorists.
Congress further notes that there are ongoing appeals for habeas corpus, which have been given added impetus through the discovery of the large payments made by the US government to journalists reporting on the trial to the prejudice of the defendants. The appeals have been heard and the outcome is awaited. In the meantime, Gerardo is serving two life sentences and cannot under US law be paroled, while the current release dates of Ramón, Antonio and Fernando are:
- Ramón: 30 October 2024
- Antonio: 18 September 2017
- Fernando: 27 February 2014
This congress joins with the Cuban government, all the people of Cuba, and all of progressive humanity the world over in calling for the immediate release of the Miami Five, their immediate return to Cuba and significant compensation to be paid to them for the long years of unjust imprisonment, which have robbed them of years of their lives.
Cuban mural depicting the Miami Five
Via the Cuban embassy in London
• The UN General Assembly declared 10 December to be ‘Human Rights Day’ in remembrance of the adoption and proclamation of the Declaration of Human Rights in 1948.
• Cuba shows remarkable progress and achievements in the realisation of human rights for all its citizens.
• Cuba has a long and honorable history in cooperation with all mechanisms of human rights, which are applied on the basis of universality and non-discrimination.
• Cuba has ratified a considerable number of international instruments related to human rights.
• The constitution of the Republic of Cuba establishes the rights, duties and fundamental safeguards of citizens, as well as the foundations for its enforcement, realisation and protection.
• All churches and religious beliefs are respected without discrimination. There are four thousand religions and religious institutions.
• Freedom of opinion and speech has in Cuba its full realisation.
• Information and Communications Technologies is a commodity service for all the people and the training in its use is free of charge.
• Access to the internet is promoted by means of centres and institutions of social and community interest, and also taking into account the restrictions imposed by the blockade and our economic capacity.
• Cuba has health indicators similar to those of developed countries.
• All Cubans have access to quality basic services without discrimination, namely: education, health, social assistance and security.
• Education is universal and free of charge at all teaching levels.
• The Cuban people has made significant progress and continues to further its revolutionary transformations aimed at building an increasingly just, free, independent, equitable, democratic, comradely and participatory society.
Counterrevolutionary Flotilla from 9 December
• The so-called Democracy Movement based in Miami is a terrorist and provocative organisation, which was established on July 1995.
• This movement promotes the so-called flotilla, which has violated Cuba’s territorial waters.
• The so-called Maritime Operation will begin on 9 December, which, in spite of being promoted with a humanitarian content, has assumed a military training.
• This will be the 17th flotilla organised by the provocative Democracy Movement.
• Cuba, in turn, has decided to use diplomatic channels to warn the American government about this dangerous event.
• We have condemned the terrorist and provocative record of their organisers.
• Cuba warns about the incapability to control those ships and their crews involved, some of whom opt for violent confrontation between both nations.
• The tacit approval of the provocation by the American government highlights its subordination to the whims of the Cuban-American mafia in Miami.
• The forthcoming 9 December will go down in history without significance. It will be another day of public peace for Cubans; one of those days which help them forge a better life through their work and
• The provocative day is intended to create tensions between the United States and Cuba and support internal mercenary groupings.
• We firmly condemn the US government interference in Cuba’s domestic affairs.
Ladies in White
• The so-called Ladies in White are family members of counterrevolutionary prisoners, who were duly prosecuted by Cuban laws, with full due process.
• They receive financing and supplies from officials of the Interest Section, diplomats of some European embassies and anti-Cuban groups based in Miami.
• They go on political demonstrations under the close surveillance of diplomatic officials of the Interest Section and European embassies.
• These ladies claimed they were not politicians, that they were just demanding the release of their relatives in prison.
• Currently, these ladies’ husbands are free but they continue to receive resources and instructions from the US Interest Section as well as funding from notorious terrorists.
• During political demonstrations that take place in the streets of the capital city, these ladies are accompanied by other women who do not have any relative in prison but follow them for the payment they receive.
• The so-called Ladies in White have not been denied the right to go on political demonstrations and they have been doing so for almost two years. The Cuban government will never prevent its people from going out to defend their streets.
The Cuban Five heroes
• The five Cubans unjustly imprisoned in the United States are antiterrorist fighters.
• They were not seeking information related to US national security.
• They were trying to prevent the actions by the terrorist groups who act with impunity against Cuba from Florida.
• It has been proven that the nature of the case brought against the Cuban Five is, in essence, politically motivated.
• There have been numerous violations during trial and throughout the whole legal process.
• They have been imprisoned for 13 years already, which is a too long.
• The case of the Cuban Five has the support of governments, parliaments, religious, legal and human rights organisations.
• Personalities from all over the world, including 10 Nobel prize winners, have supported this cause.
• The habeas corpus presented in favor of Gerardo Hernández is the last legal resource within the US judicial system.
• The will of the US government to reject the habeas corpus in favor of Gerardo, will condition the decision that may be arrived at regarding the case.
• The new injustice being committed against the Cuban Five heroes, by imposing an additional punishment on René and make him remain in US territory, jeopardises his personal security.
• We make the US government responsible for the security and physical integrity of René González.
• By forbidding René to visit places visited by terrorists and violent persons in Miami, the US government acknowledges the presence of terrorists in its territory, which reveals once more, the double standard of the US policy in its struggle against terrorism.
• The only just and human decision that the US government should arrive at is to send René back to his homeland.
• The Cuban people appreciate the international solidarity, which is instrumental in the solution to the case of the Cuban Five.
• The Cuban Five maintain their unwavering resistance, unyielding resolve, optimism and conviction for victory.
• The US President Barrack Obama can use his constitutional prerogatives and release the Cuban Five.