 |
| Italian attorney Fabio Marcelli. |
Italian attorney Fabio Marcelli participated as
an observer at the oral hearing held Monday in
the appeal of the Cuban Five; he said that if
the case was purely a legal matter the defense
would surely win.
The representative of the International
Association of Democratic Jurists said the
defense did a good job arguing its points and
came out strengthened in its legal stance
seeking justice.
In statements to Juventud Rebelde
newspaper, Marcelli said the panel of
magistrates at the Atlanta Appeals Court was
comprised by two judges that already showed
their objectivity when they previously said the
Cuban Five’s convictions should be overturned.
However, the highly politicized nature of the
2001 trial held in Miami against Rene Gonzalez,
Ramon Labañino, Gerardo Hernandez, Antonio
Guerrero and Fernando Gonzalez, weighs heavy,
said Marcelli.
Three plus years after their detention in
September 1998, the five Cubans were convicted
on trumped up charges including espionage and
conspiracy and were handed extremely harsh
sentences.
Marcelli said there is no time limit on the
court to make a ruling on the appeal. He noted
that in the past the court has taken from 6 to
17 months to make a ruling.
He said the foot dragging is a negative aspect
of the US legal system and another violation of
the rights of the accused.
Marcelli criticized the attitude of US
authorities who believe there is such a thing as
good terrorism when it serves their objectives,
in contradiction to the expectations of the
international community.
Referring to the limitations established by the
US government on the visitation rights of the
Cuban Five, Marcelli said this represents a real
form of torture.
The member of the International Association of
Democratic Jurists said the defense team was
severely hampered in representing its clients, a
clear violation as the panel itself recognized.
Marcelli added that the organization he
represents promotes the participation of jurists
as international observers in the case, while
also proposing a conference on the issue in
which aspects of international law would be
presented.
The Italian recalled that in 2005 a three-judge
panel of the same appeals court overturned the
sentences and ordered a new trial, a ruling that
was then overturned in 2006 on a 10-2 vote by
the full court after a prosecution appeal.
The ruling that would have meant a new trial,
together with the opinion of the UN Working
Group on Arbitrary Detentions, should have
obliged the US authorities to release the Cuban
Five, but they remain behind bars. (PL)
(Prensa Latina) 22-08-2007
| 
