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Vol. 72/No. 25      June 23, 2008

 
Court ruling on Cuban 5
(editorial)
 
The June 4 ruling by a federal court denying the appeal of the Cuban Five to have their convictions overturned has shone a spotlight on this important defense case. Supporters of the five can use this appeal to focus attention on the continued injustice against these Cuban revolutionaries who have been held in U.S. jails on frame-up charges for a decade.

The judges were unanimous in their opinion that the sentences handed down to three of the five men were excessive and not based on the law. The cases of Ramón Labañino and Antonio Guerrero, who are serving life sentences, and that of Fernando González, serving 19 years, were sent back for resentencing. The double life sentence for Gerardo Hernández and the 15-year sentence for René González were left standing.

Many working people and youth are appalled that all five have been held for nearly 10 years already and say Enough!

Those fighting for the release of the Cuban Five will get a hearing among many working people, who will recognize in their convictions the kind of treatment that they, their relatives, or coworkers have faced from the cops and the courts.

The case of the Cuban Five raises a broad range of workers' rights issues. "Evidence" was used in court against them in violation of Fourth Amendment protections against unreasonable search and seizure. They were held in solitary confinement for 17 months before their trial. Visas have been denied for the wives of two of the men to visit them.

The injustice of this case is even registered by two of the judges who heard the appeal. Judge Stanley Birch, while concurring with the ruling, reiterated his strongly held opinion that the five could not get a fair trial in Miami and that their request for a change of venue should have been granted.

In the case of the conviction of Gerardo Hernández on "conspiracy to commit murder" charges, Judge Phyllis Kravitch dissented, calling the government's case "speculation" at best. Kravitch said the government had failed to prove that Hernández conspired in the shooting down by the Cuban air force of planes that had repeatedly violated Cuban air space.

International actions will take place in September and October to mark the 10th anniversary of the Cuban Five's imprisonment. Supporters can use the light that had been shed on the case with this new ruling to build the broadest support possible for the fall actions.
 
 
Related articles:
Protests answer denial of appeal for Cuban 5
Judges say three should have sentences reduced
Picket lines back call to release Cuban 5
Free the Cuban Five Working Conference leaflet  
 
 
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