Granma International
May 9, 2002

Condemned without witnesses or proof

                   INTERNATIONAL TRADE UNION MEETING IN SOLIDARITY WITH CUBA
 
                   • Ricardo Alarcón analyzes the flagrant violations of the U.S.
                   Constitution in the trial of the five Cuban heroes and the refusal to
                   reunite a family

                   BY SILVIA MARTINEZ (Granma daily staff writer)

                   "NOT only have they been condemned without witnesses or
                   evidence; they have also been separated from their families and kept
                   isolated from each other. Furthermore, despite being political
                   prisoners, they are locked up with common criminals," denounced
                   National Assembly President Ricardo Alarcón. Speaking at the
                   International Trade Union Meeting in Solidarity with Cuba, attended
                   by more than 300 people invited to take part in the May Day
                   celebrations, Alarcón explained the treacherous and unjust conditions
                   to which the five heroes are subjected.

                   Alarcón pointed out that recently Olga Salanueva, wife of René
                   González (now serving a 15-year prison sentence in Loreto,
                   Pennsylvania), was authorized for a visa, but later a revocation note
                   was sent out. The Cuban official asked how was it possible that a
                   U.S. citizen — René was born on Chicago to Cubans who emigrated
                   there in 1956 — could be denied the right to see his daughters,
                   especially the youngest one. The last time René saw her she was one
                   year old (she’s now five), and he was shackled to a chair. That child
                   is also a U.S. citizen by birth. "What U.S. citizen is deprived rights in
                   this way?" asked Alarcón. "What American little girl has been
                   prohibited from visiting her father for such a long time?"

                   He also condemned the treatment that Olga has received since her
                   husband René was detained on September 12, 1998. She was
                   imprisoned for three months, interrogated and subjected to intense
                   campaigns; she lost her job and thus the possibility of maintaining
                   her two children. She was taken directly from the prison to an airport
                   and deported to Cuba, without the slightest possibility of seeing her
                   husband before leaving.

                   RENE’S CASE IS A LIVING EXAMPLE OF U.S. HYPOCRISY

                   Alarcón stated that René González is a living example of the U.S.
                   government’s hypocrisy. He observed that René wasn’t accused of a
                   premeditated "crime," of having false papers, of "spying." All his
                   papers were in order, but he was found guilty of not registering as a
                   Cuban agent. The only charge against him was the "terrible crime" of
                   joining various tiny Cuban-American groups unmasking their terrorist
                   acts against Cuba. For this, he was sentenced to 15 years, and must
                   also serve another five years on probation with the warning that he
                   must not commit another "crime."

                   Demonstrating these men’s innocence, finding a just solution, and
                   revealing the truth to the world in the face of calumny, hypocrisy and
                   lies would be the surest steps toward eradicating terrorism, noted
                   the president of Cuba’s National Assembly. He offered detailed
                   information on how the events had occurred in a
                   one-and-a-half-hour conference to an attentive and interested
                   audience.

                   The attitude against the Five, he highlighted, not only violates U.S.
                   laws on individual rights, but also legal procedures. Alarcón
                   emphasized that the men were detained in the early morning of
                   September 12, 1998; for three days —plus more time later — they
                   were constantly and intensely interrogated, without being arraigned,
                   without being charged and without speaking to a defense lawyer.

                   INNOCENT UNTIL PROVEN GUILTY

                   Curiously, remarked Alarcón, on the very same morning of
                   September 12, the FBI informed Ileana Ros-Lehtinen and Lincoln
                   Díaz-Balart that the five Cubans were under arrest. "Why them,"
                   Alarcón asked, "and not the 25 Florida legislators?" He wondered
                   why those defenders of the Miami mafia were given such special
                   privileges.

                   At that time, the FBI did not know that the men were Cuban; two of
                   them were U.S. citizens from Cuban families, they did not know the
                   identity of the other three. From that time on, they unleashed a
                   terrible campaign against the "five Cuban spies." On the fourth day,
                   the men were brought before a federal court and accused of spying
                   on the United States, recalled Alarcón.

                   He recounted that for the following 17 months, until February 3,
                   2000, the Five were held in solitary confinement, only used in the
                   U.S. prison system for those who commit murder or other serious
                   crimes and infractions within a prison, and the punishment never lasts
                   more than 60 days. But the Five were kept totally isolated in the
                   "hole" for 17 months. Logically, their situation made it impossible for
                   them to have any contact with their families and lawyers, even
                   though the lawyers needed access to their clients in order to properly
                   prepare their case.

                   The trial of the five Cubans clearly violated the Eight Amendment to
                   the U.S. Constitution by keeping them in solitary for two periods —
                   one of 17 months and the second lasting 48 days. This similarly
                   violates United Nations norms covering the treatment of prisoners,
                   as well as the United States’ own prison regulations.

                   WHY WEREN’T CONSTITUTIONAL RIGHTS RESPECTED WHY
                   DID THE TRIAL HAVE TO BE IN MIAMI?

                   The press and the traitors in Miami kicked up an irrational fuss, using
                   every argument, no matter how absurd, to win the great battle.
                   Thus, eight months after the five Cubans’ arrest, the FBI presented
                   new accusations and a new element appeared: charging Gerardo
                   Hernández with conspiracy to commit first-degree murder. It was in
                   reference to the downing of two light aircraft on February 24, 1996,
                   an act taken by Cuba in its legitimate defense against repeated
                   violations of the country’s airspace, after many warnings. From that
                   moment on, it turned into a trial against the Cuban Revolution,
                   stressed Alarcón.

                   According to the law, procedural guarantees take into account the
                   venue where the trial takes place, in order to guarantee
                   constitutional rights and ensure that the accused are tried without
                   prejudice or animosity, and with absolute impartiality. From the very
                   first moment, there were numerous demands for the trial to be
                   moved to another city. It was argued, with reason, that Miami was
                   not the proper place for the Five to receive a calm, impartial trial, due
                   to the atrocious campaign considering them "dangerous Castro
                   agents."

                   Alarcón demonstrated how, in many others cases, the atmosphere
                   of a location has been taken into account and the venue changed. A
                   woman on trial because her dogs had killed another woman had her
                   case transferred from San Francisco to Los Angeles; the Latin
                   Grammy Awards ceremony — initially proposed for Miami — was
                   changed to Los Angeles after threats of violence, as the participants’
                   safety could not be guaranteed; the trial of the mass murderers in
                   Oklahoma City was subsequently relocated to Colorado in order to
                   avoid problems. Why was the same not done in this case, as
                   provided for in law?

                   Joan Lenard, the Miami federal judge assigned to the case, always
                   refused to explain why the trial had to be held there, and only there,
                   in a city where there is anything but justice and the guarantee of a
                   fair trial, and even less for a Cuban from Cuba, Alarcón remarked.

                   On November 27, 2000, in the same location where the jury
                   selection was taking place for the trial of the Five, the anti-Cuba
                   mafia held a press conference featuring the relatives of those who
                   died in the Brothers to the Rescue planes that were shot down.

                   SECRET ‘EVIDENCE’ UNAVAILABLE TO THE DEFENSE

                   The defense attorneys had to rely on the news media to learn about
                   alleged evidence against their clients, as well as the steps taken by
                   the prosecution, about which they didn’t receive information officially.
                   The government classified all its evidence as secret and arranged for
                   it to be viewed according to the laws on classified information. It’s
                   known, Alarcón noted, that the court turned over more than 1,400
                   pages of documentation to the counterrevolutionary spokespersons,
                   which they manipulated to their liking, thereby made the disgusting
                   propaganda against the Five and the Revolution even sleazier.

                   The president of the National Assembly recognized the defense
                   lawyers’ professionalism, especially considering that none of the
                   young Cubans had the money to pay for their services. They
                   unmasked the shady maneuvers of the prosecution, which had sold
                   out to the Mafia, and demonstrated how the Miami
                   counterrevolutionaries carry out terrorist activities against Cuba,
                   thereby justifying the presence of the Five in that Florida city, in
                   defense of their homeland and of the people of the United States as
                   well. Despite their political ideologies, the understood the nobility of
                   the young men’s intentions and the heroism of their actions.

                   ESPIONAGE IN THE UNITED STATES? THEY ALL SAID NO

                   He stated that this is the first time someone has been convicted
                   without witnesses or evidence, since it was proven that espionage
                   was by no means committed. Recognizably credible witnesses, who
                   would never lie in such a case, appeared on the witness stand and
                   were asked if any of the Five had ever had access to or looked for
                   secret information, and they always answered "No."

                   Respected people qualified to offer opinions in this case recognized
                   that the accused had not committed espionage against the United
                   States, nor did they look for secret information that would affect the
                   United States or its people. Among them were General Charles
                   Wilhelm, former head of the Southern Command; General Edward
                   Atkeson, former deputy chief of staff for Army intelligence; Admiral
                   Eugene Carroll, former deputy of naval operations; Colonel George
                   Buckner, who had held a key position in the U.S. Air Defense
                   Command System; and James Clapper, former director of the
                   Central Intelligence Agency. They all responded that the Five did not
                   commit espionage, and their testimony is recorded in the 20,000
                   pages of trial documentation, Alarcón emphasized.

                   Not one piece of circumstantial evidence was presented; the truth of
                   their innocence was patently clear. Their only sin was having
                   penetrated anti-Cuba terrorist groups in order to protect their people
                   from death; and this charge, if one can call it that, they never denied.
                   The terrorist mafia recognized its failures and dedicated all its tricks
                   to intimidating the court and the prosecution. The charges were
                   modified, given that evidence was not shared, but the defense
                   rejected those modifications and demanded that the proof be
                   provided. At this point, the prosecution appealed to the Atlanta court
                   for approval of the modifications and the response was to allow the
                   judge to make the decision.

                   Alarcón clarified that although nobody says it, the documentation
                   clearly demonstrates that a protest broke out when the time came
                   for jury deliberation. Jurors complained about the siege of television
                   cameras, because they followed the jurors’ every step, and wrote
                   down the license plate numbers on their cars. Judge Lenard herself
                   asked that the court be allowed to deliberate in peace and that the
                   jurors should no longer be hounded.

                   An article entitled "Fear of Being a Juror in Spy Trial," published in the
                   newspaper El Nuevo Herald, reflects what the Cuban exiles are
                   capable of, if someone dared to make a mistake. The well-known
                   antecedent of the Elián González kidnapping did not allow for
                   mistakes.

                   A curious thing caught Alarcón’s attention. Before the jury went off
                   to deliberate, the foreman, with unusual exactitude in such cases,
                   announced the day and the time that he would report the verdict.
                   The jury did not ask for clarification on any point, nor were any
                   questions asked. It was no easy thing to reach a verdict in such a
                   complicated case that had presented over 20,000 pages of
                   documented information and without any proof of guilt, as The
                   Miami Herald recognized, and yet the jurors moved through the
                   process as if everything had been settled.

                   The jury ignored everything. It forgot about legality, justice and the
                   Constitution. It did not in any way take into account the attenuating
                   circumstances suggested by the prosecution and convicted Gerardo
                   Hernández to two life sentences plus 15 years; Ramón Labañino
                   received one life sentence plus 18 years; Fernando González, 19
                   years imprisonment; René González, 15 years; and Antonio
                   Guerrero, a life sentence plus 10 years.

                   Alarcón emphasized that the Five are political prisoners but are
                   denied that status, and therefore are forced to carry out their
                   sentences under the same conditions as common criminals.

                   The case is now awaiting appeal in an Atlanta court, which has not
                   yet received the documentation and has therefore not been able to
                   set a hearing date. The delay is due to the fact that the court is giving
                   the defense time, awaiting allegedly new evidence of some 150
                   pages considered secret, making the situation very difficult for the
                   accused and their lawyers. And this judicial barbarity is taking place in
                   the most "democratic" country, where human and constitutional
                   rights are most "respected." It’s the height of U.S. politics’ double
                   standard and hypocrisy.

                   Alarcón directed the audience’s attention to the fact that the this
                   case has been met with absolute silence in the U.S. media. Neither
                   Cuba nor anyone else has any doubt that if U.S. public knew the
                   whole truth, which is there to see in the trial documentation, if they
                   knew the facts, the reaction of those noble citizens would be
                   different.

                   They are innocent and are facing a manipulated and spurious
                   process. Only a tenacious struggle by the Cuban people, who will not
                   rest until the Five return to Cuba and by the international solidarity
                   movement, which can wage the struggle in the very heart of the
                   empire that imprisons them; only the struggle of everyone can free
                   them. That universal struggle for justice will be what introduces true
                   anti-terrorist actions to the world, Alarcón declared.