Prominent international jurists found the prosecution unable to present any convincing evidence in the Monday hearing at the Atlanta Appeals Court, where the convictions against the Cuban Five are being challenged.

by Juana Carrasco Martin
Reprinted from Juventud Rebelde

A rigged and highly politicized trial, and a prosecuting attorney who created a hostile environment and influenced the decision of the jury with inappropriate behavior, are some of the blatant violations of the principles of a due process that were again highlighted by the Cuban “Round Table” television and radio program. The issue was dealt with on Tuesday following the previous day’s hearing of the case of the Cuban Five at the 11th Circuit Court of Appeals in Atlanta.

During the program, attorney Roberto Gonzalez —a brother of one of the defendants and who was present at the hearing before the three-judge panel hearing the appeal— recalled his impressions of the event. Others present at the hearing that shared their impressions during the TV program were Paul McKenna, a lawyer of Gerardo Hernandez; and former U.S. General Attorney Ramsey Clark, who spoke over the telephone.

The three jurists agreed in noting the importance of the questions asked by the judges to the prosecution, which could not present any conclusive evidence, nor documents to prove that the Cuban Five —Gerardo, Ramon, Fernando, Antonio and Rene— were plotting to commit espionage or murder in first degree, charges for which they were convicted.

On September 12, the Cuban Five begin their tenth year in prison for protecting Cuba from the terrorist attacks plotted in Miami, while terrorists such as Posada Carriles walk the streets of the city completely free. Likewise, Osvaldo Mitat, who was found with a large arsenal of weapons intended to be used to against the Cuban people, has just been released.

Former US General Attorney Ramsey Clark, who attended the hearing together with 73 other international personalities, noted that the most important thing at the hearing was the support to the Cuban Five by people from Europe, Latin America and the United States – since many American and world legal authorities believe that this case should have never be presented, said Clark.

Roberto Gonzalez said he felt very comforted by the massive support in the hearing by people from many places around the world. He said he left the courtroom confident that their presence had been important there.

He explained that two of the three judges already have prior information on the case because they were the ones who determined in 2005 that Miami was not the appropriate place to hold the trial of the Cuban Five. Now they must make a decision at the request made by the defence to hold a new trial for governmental misconduct and prosecutorial misinterpretation of the law to the jury. If it is determined that there was indeed misconduct, the previous ruling can be overturned.

Roberto Gonzalez also highlighted that supporters of the men could not let a sentiment of defeat or victory demobilize them, because the case of the Cuban Five will be won when they are finally in Havana, because this is a judgement that can be won many times on the facts and lost on the law, by the judges’ decision. Gonzalez called the Cuban people and to those who share in the struggle for the freedom of the Cuban Five to strengthen their solidarity work.

This was seconded by lawyers Jose Pertierra and Rafael Anglada. The latter, who is a member of the defence team of the Cuban Five, was on the Round Table and said in a report for the Telesur TV network that there was a judicial and a political battle for the freedom of the Cuban Five.

(freethefive.org) 23-08-2007