Statement from Cuba's Parliament on Cuban Five Case
The Constitutional and Judicial Affairs Commission of the NationalAssembly of the People's Power [Cuban Parliament] voices indignationover the decision of the Atlanta Federal Appeals Court, which, removedfrom judicial procedures, invalidated the unanimous decision of thepanel of three judges that had declared null the trial that took placein Miami against Cuban Five anti-terrorist fighters Gerardo Hernandez,Ramon Labanino, Fernando Gonzalez, Rene Gonzalez and Antonio Guerrero.
The decision makes evident once again the political nature of the trialand the unjust measures adopted, the arbitrary behavior of the UnitedStates government, the violation of the US Constitution and laws, and abreach of the most basic standards of law and specifically of HumanRights.The magistrates of the panel, whose professional experience adds tomore than 80 years, stated in a 93-page decision that "forming an(impartial) jury in this community (Miami) was less than probable dueto the prejudice existing there." "Therefore a new trial was orderedbecause of the perfect storm created when a wave of intense feelingsfrom the community and widespread publicity before and during the trialcombined with inappropriate references made by the prosecutor.
"The decision adopted by the Atlanta court didn't take intoconsideration the violent and intimidating environment existing inMiami, nor the most recent happenings in that city reported by thelocal media. Those included the seizing of weapons caches destined forterrorist attacks against Cuba and public statements by terrorists who,with total impunity, recognized their acts. This confirmed the need forthe monitoring work that the Cuban Five were carrying out to learnabout the violent actions planned against Cuba by groups in Miami thathave resulted in the death of innocent civilians. The revelationsbrought new and dramatic evidence in support of the defense's argumentregarding the universal principal of the right of a state to defenditself.
The decision by the United Nations Human Rights Commission WorkingGroup on Arbitrary Detentions has also been totally ignored.
The commission ruled that taking into consideration the events andcircumstances under which the trial took place, the nature of thecharges against the accused, and the severe sentences imposed on them,the trail was not held in a climate of objectivity and impartialitythat is required to comply with the standards of a fair trial asdefined by article 14 of the International Convention of Civil andPolitical Rights.
The commission further declared the detention of theCuban Five as arbitrary, and called upon the government of the UnitedStates to immediately remedy the situation by restoring the rightswhich they have been deprived.
We denounce this infamous and ignominious decision and call uponparliamentarians around the world and on all peace loving people tojoin this noble cause, to demand that the US government immediatelyrelease the Cuban Five, who fought against terrorism to preserve thelife and peace of the Cuban people and the people of the United Statesas well.
By September, they will have spent eight years of unjustimprisonment, with great limitations on visits by their relatives,including two of them who have not been able to see their wives.The International Campaign to Free the Cuban Five, on from September 12to October 6, will serve to continue and increase the struggle fortruth and justice for our brothers and for the development of a widereaching movement among parliaments and in the legal community so thatthe universal principles of law prevail and make possible thesepatriots? return to Cuba.Havana, August 15, 2006.
Taken From Granma NewspaperDeclaración de la Comisión de Asuntos Constitucionales y Juridicos dela Asamblea Nacional del Poder Popular de la República de Cuba


