Miami Five

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Miami Five (also: Cuban Five - Die Cubanischen Fünf ) describes a group of Cubans who were arrested as part of a spy network in Miami ( USA ) in 1998 and sentenced to high sentences in 2001.

The Miami Five belonged to an agent ring led by Gerardo Hernández and active in South Florida for several years, the so-called Red Avispa (German Wasp Network). This comprised at least 16 members. Only those five members who did not cooperate with the US authorities in the criminal proceedings or who did not manage to escape from the USA are referred to as the Miami Five . In the Cuban media they are mostly called Los Cinco ( the five ) or Los Cinco Héroes ( the five heroes ) and revered as unjustly imprisoned national heroes. On behalf of the Cuban government, they had collected information about the activities of Cuban organizations in exile , including Alpha 66 , the Cuban-American National Foundation and Hermanos al Rescate .

After two members of the group had previously been released early from prison, the last three remaining prisoners were released in December 2014 as part of a prisoner exchange.

The case of the Miami Five

In addition to the former head of the Red Avispa Gerardo Hernández, the five men are Ramón Labañino, Fernando González, Antonio Guerrero and René González. Antonio Guerrero and Rene González are also US citizens; the others were not yet naturalized at the time of their arrest. According to the information that became known in the course of the proceedings, the main interest of the network was the Miami-based Southern Regional Command of the US Armed Forces , which is based in South America and is responsible for Latin America , which is partly denied or (more often) not mentioned by official Cuban sources, although the same sources in other contexts regularly emphasize the US military threat to Cuba. The Cuban foreign intelligence service , to which the network operating in Florida was subordinate, had been realigned since 1989 under the newly appointed head of the military intelligence service with a leadership consisting of military officers. Guerrero was part of the civilian staff at the US Navy airport on Boca Chica Key . However, the group's actual success in uncovering military secrets appears to have been small. It is undisputed that the Red Avispa also infiltrated and observed Cuban exile opposition groups active in South Florida and regularly reported to the commanding officers in Havana about their political, humanitarian and paramilitary activities, which the Cuban leadership describes as "criminal" or sometimes as "terrorist". The main point of contention in the evaluation of the activities is the role of the group in passing on information about the planned flights of the Cuban exile organization Brothers to the Rescue . Using this information, two American-registered civil aircraft of this organization were shot down outside Cuba airspace in February 1996. Four Cuban exiles died in the process.

Other members of the agent ring as witnesses to the crime

In September 1998 ten members of the agent ring were arrested at the same time, four other suspects were at the time outside the United States and could not be prosecuted. During the apartment searches, the investigators found extensive evidence. In connection with the discovery, three members of the Cuban diplomatic mission in Washington were officially declared undesirable and replaced by their government. Of the ten employees of the Cuban foreign intelligence service who were exposed and arrested, five decided to cooperate with the US judiciary: They disclosed details of the group's work, served the prosecution as witnesses in the main trial, and were sentenced to prison terms of between three and a half and a half after having confessed to working as an illegal agent Sentenced for seven years and now living in freedom after serving them. In the representations of the Cuban government and the solidarity groups associated with it, however, the existence of these five participants in the process is usually not mentioned, as is two other members of the agent ring who were only arrested in August 2001, i.e. after the main trial of the Miami Five and also pleaded guilty. The remaining Miami Five were tried in December 2000. The 26 charges ranged from espionage and conspiracy against United States security to (against Hernández) conspiracy to murder .

Judgments and sentences

In June 2001, the Cuban Five were found guilty on all counts by a jury :

  • Gerardo Hernández: twice life sentences plus 15 years mainly for conspiracy to commit murder. Confirmed after revision in 2008.
  • Antonio Guerrero: life plus 10 years. After revision in 2009 reduced to 21 years and 10 months.
  • Ramón Labañino: life sentence plus 18 years. Reduced to 30 years after revision in 2009.
  • Fernando González: 19 years in prison. After revision in 2009 reduced to 17 years and 9 months.
  • René González: 15 years in prison. Confirmed after revision in 2008. Early release for good conduct on October 7, 2011. The remaining two years in prison were commuted to three-year suspended sentences. González, who is a US citizen, has to spend this time under the supervision of the judicial authorities in an unknown location within the US. Cuba solidarity groups criticized René González's three-year ban on leaving the country as an "additional punishment". González was unable to return to his family in Cuba. However, in March 2012, for humanitarian reasons, he was given special permission to visit his sick brother who was living in Cuba for two weeks. In April 2013, the Miami, Florida court ruled that "The defendant ... can spend the remainder of his suspended sentence in Cuba and ... does not have to return to the United States."

In the judgment against Gerardo Hernández it was stated: Through his reports on the Cuban pilots in exile Hermanos al Rescate ( Brothers for the Rescue ), Hernández contributed to the fact that the Cuban Air Force shot down two sport aircraft used by the group in February 1996, killing all four occupants came. Hermanos al Rescate , originally active as an association for the rescue of needy boat refugees , had previously repeatedly provoked the Cuban leadership by dropping leaflets critical of the government that were directed at the Cuban public - Cuba had protested several times since May 1995 against the violation of its airspace. An expert commission from the International Civil Aviation Organization (ICAO), which is part of the United Nations , had examined the kills and, contrary to the information provided by the Cuban authorities, came to the conclusion that the two kills took place well outside of Cuban airspace over international waters and that in violation of the In the usual international air traffic procedure, no attempts were made by the Cuban interceptors or ground stations to establish contact or to divert the two aircraft.

Section The aircraft shot down in 1996 in the article on Brothers to the Rescue with a detailed account of the incident

International protests against the trial

Freedom now! , Poster in Havana for the liberation of the Miami Five

The Cuban government regards the Miami Five as "prisoners of the empire" and "fighters against terrorism" and demands their release.

In many countries around the world, including the US and even Miami itself, solidarity committees have been formed that question the rule of law of the process and accuse the US judiciary of serious human rights violations and perversion of the law, including the 10 Nobel Prize winners José Ramos-Horta , Wole Soyinka , Adolfo Pérez Esquivel , Nadine Gordimer , Rigoberta Menchú , José Saramago , Schores Alfjorow , Dario Fo , Günter Grass and Máiread Corrigan-Maguire as well as the linguist and philosopher Noam Chomsky , the Pulitzer Prize winner Alice Walker , the former Attorney General of the USA Ramsey Clark and the Composer Mikis Theodorakis , the Mexican Senate and Mary Robinson , President of Ireland and UN High Commissioner for Human Rights.

The Working Group on Arbitrary Detention of the UN Human Rights Commission expressed considerable doubts about the fairness and transparency of the trial against the Miami Five, considers the level of the sentences to be inappropriate and criticizes the denial of elementary rights of the detainees. Overall, the working group assessed the case as an arbitrary category III detention (serious doubts about the transparency and fairness of a legal process).

Amnesty International criticized the denial of entry visas for visiting wives of René González and Gerardo Hernández as an unjustified punishment. Amnesty also regularly called on the US authorities to retrial the five convicts until 2010.

Doubts about the rule of law of the process

The following are criticized in terms of arrest, litigation and conviction:

  • The task of the five was not to spy on the USA, but rather terrorist groups like CORU , Alpha 66 and Omega 7 , whose attacks since 1959 have killed 3,500 Cubans and seriously wounded 2,000. Among the infiltrated groups was that of Orlando Bosch , who was wanted internationally as a terrorist and the perpetrator of bomb attacks until his death .
  • Defense requests to take the trial outside of Miami had been denied, despite the fact that the political climate in this Cuban-exiled city ​​would make a fair trial impossible, as the jury would face severe disadvantages in the event of a "not guilty" decision in civilian life.
  • The material sent to Cuba was not kept secret , as Cuban exile organizations, but not US government institutions, had been spied on. According to US law, this does not fall under espionage.
  • Some of the defendants had been locked up in strict solitary confinement without any contact to their families for more than eight months for no apparent reason .
  • The Cuban family members (women, children) had been refused entry visas to the USA.
  • Instead of taking action against terrorists like Luis Posada Carriles or Orlando Bosch , as propagated by the USA in the war on terrorism , people would be persecuted who - like the Miami-5 - expose terrorism.

Discussions and negotiations on a prisoner exchange

At various times the media discussed the possibility of releasing the Miami Five early from prison as part of a prisoner exchange. Cuba's President Fidel Castro proposed an exchange with around 200 imprisoned dissidents as early as 2001. In December 2008, his brother and interim successor in the presidency, Raúl Castro , mentioned this possibility for the first time . In April 2009, Fidel Castro discussed the idea again in two of his columns, which were circulated in all the state news media. The negative response from the US State Department was unequivocal: the political prisoners imprisoned for peaceful opposition had nothing in common with spies convicted under the rule of law. The Cuban opposition movement also rejected the proposal as a "vulgar attempt at extortion".

The issue of prisoner exchange took on a new twist in December 2009 when the Cuban authorities arrested US telecommunications expert Alan Gross on charges of espionage in Havana. Gross had introduced modern communication technology to Cuba on behalf of a private company and as part of a covert program to promote civil society financed by the state development aid agency USAID and directed against the sole rule of the Communist Party . He wanted to distribute these there and give users access to the Internet that was independent of the Cuban government. In March 2011, he was finally sentenced to 15 years in prison for “activities directed against the sovereignty and territorial integrity of the state”. He was represented in court by the same attorney who serves as legal counsel for the Miami Five families. During the more than 15 months of pre-trial detention up to the opening of the trial and again after the verdict was pronounced, an exchange between Gross and the Miami Five was often discussed, at least publicly, but neither by Cuban nor US government representatives. In September 2010, after the five Cuban-born US congressmen expressed concern about possible plans by the administration of President Barack Obama in open letters , the US State Department made it clear that the administration would not consider such a prisoner exchange. A few weeks earlier, Fidel Castro had declared in Cuba that the return of the five compatriots was to be expected “long before the end of the year” and that there was “no doubt” about that. In March 2011, the former US President Jimmy Carter arrived in Havana on a visit to improve US-Cuban relations and during which he also had the opportunity to meet Alan Gross in prison for a conversation. At the end of his three-day visit to Cuba, during which he met with Raúl and Fidel Castro as well as Cuban dissidents, Carter said he hoped that Cuba would release Gross and that the United States would release the five Cuban intelligence agents.

Citing government circles, the New York Times and Associated Press reported on an offer made by the Obama administration to the Cuban government in advance of top politician Bill Richardson's trip to Havana in September 2011: According to this, René González was to be exchanged for the release of Alan Gross Be allowed to travel to Cuba early and the following further points were prepared to negotiate: the removal of Cuba from the list of countries supporting terrorism ; the significant reduction in the budget for democracy promotion programs in Cuba; the ability to engage US firms with any cleanup operations related to planned Cuban oil wells in the Gulf of Mexico; improving bilateral postal services; the end of programs to facilitate immigration to the United States by overseas Cuban doctors and other health care workers; and the approval of the sale of Cuban rum of the Havana Club brand by the French group Pernod Ricard in the USA. However, the Cuban side rejected the offer as inadequate and demanded further pardons for at least some of the four remaining imprisoned Cuban agents, which in turn was not acceptable to the US side. Without establishing a direct connection between the cases and without mentioning a direct exchange, the Cuban Foreign Minister Bruno Rodríguez Parrilla spoke at the end of September 2011 on the sidelines of the UN General Assembly in New York that the Miami Five and Alan Gross cases each had humanitarian solutions possible, which would have to be mutual between Cuba and the USA.

In December 2014, the last three remaining prisoners were released in connection with improving relations between the United States and Cuba and as part of a prisoner exchange.

Chronology of events

The Red Avispa agent group had been working on gathering information about the US military since the early 1990s. Parts of the group of Cuban exiled groups in South Florida that have infiltrated since the early 1990s and informed the Cuban authorities about their planned actions.

  • On February 23, 1996 February the Cuban double agent Juan Pablo Roque, active in Brothers to the Rescue, disappears from Miami. He had previously told the FBI (who recruited him) that the organization had no flights planned for the weekend of February 24, 1996. However, he passed on the information about the planned flights to his Cuban clients. Roque, a former fighter pilot in the Cuban Air Force, came to the United States in 1992.
  • On February 24, 1996, two civil aircraft belonging to the Brothers to the Rescue were shot down by Cuban fighters outside of Cuban airspace. The Red Avispa network had passed on information about their flight to Cuba.
  • On February 26, 1996, Roque appeared on Cuban television where he branded the Brothers to the Rescue as an illegal, anti-Cuban organization.
  • June 16 and 17, 1998: The Cuban government gives the FBI extensive files on terrorist activities in South Florida in order to get the US government to act following positive signals from Washington.
  • September 12, 1998: The FBI arrests 10 members of Red Avispa , the Cuban network of agents. Five of them agree with the prosecution on lesser charges in return for their active participation in the trial as witnesses against the five main defendants - they receive lesser sentences of between three and a half and seven years for illegal agent activity, of which they plead guilty. All spend a total of 17 months in custody. The Miami Five are charged on 26 counts of conspiracy to espionage and, in the case of Gerardo Hernández, also of conspiracy to murder.
  • June 2001: After a six-month trial, the jury in Miami-Dade found the five guilty of all charges, sentenced them to heavy sentences in December 2001 and then distributed them to five different high-security prisons.
  • September 2001: The couple George and Marisol Gari, who were also charged with espionage within the Red Avispa agent ring , plead guilty and are later sentenced to seven and three years' imprisonment respectively. They admitted to assisting the ring of agents with two main objectives: to infiltrate the headquarters of the U.S. Forces Southern Command and get inside the inner circle of the Cuban-American National Foundation.
  • April to May 2003: The defense appeal deadline set by the 11th Circuit Court of Appeals in Atlanta on April 7, 2003 cannot be met. (At the end of February and beginning of March 2003, all five were held in solitary confinement in their respective prisons, which were initially intended for one year but could then be extended as required. In view of international protests, including by Amnesty International, they were released after a month. )
  • March 10, 2004: Oral hearing by three judges from Atlanta in Miami (under international observation)
  • May 27, 2005: The UN Working Group on Arbitrary Detention of the Human Rights Commission in Geneva publishes its statement No. 19/2005 with a six-page reasoning and recommendation to the US government after analyzing the case for two years. It states that the imprisonment of the five Cuban prisoners was "a violation of Article 14 of the International Covenant for Civil and Political Rights and, after the investigation of the case before the working group, corresponds to Category III (serious doubts about the transparency and fairness of a legal process)". The US has the next 6 months to comment on these findings.
  • August 9, 2005: The three-judge panel of the Atlanta Court of Appeals publishes its verdict in a 93-page statement, according to which the convictions should be overturned because of the prejudice atmosphere at the trial in Miami-Dade and the trial should be restarted in a neutral location . The court ruled that the trial was not impartial.
  • November 1, 2005: Attorney General's appeal and request for an en-banc hearing before all 12 judges in the Atlanta Court of Appeals are granted. (Under trial established by the 11th Atlanta District Court of Appeals, defense lawyers for the Cuban Five filed their documents in response to the court's questions on Dec. 15. The US District Attorney was able to refute these documents until Jan.13, following that the defense has until January 27th to submit their own counter-argument.)
  • December 12, 2005: The Working Group on Arbitrary Detention of the UN Human Rights Commission finally rates the detention of the Miami Five as Category III arbitrary detention (serious doubts about the transparency and fairness of a legal process). This final assessment was made in particular because the official bodies of the USA, despite being requested to do so, unnecessarily delayed the restart of the proceedings and were unable to dispel the concerns of the UN working group.
  • As of February 14, 2006, hearings will take place where both sides could present their oral arguments to answer the judges' concerns and questions.
  • June 4, 2008: An Atlanta panel of judges upheld Gerardo Hernández's sentences of twice life imprisonment plus 15 years and René González of 15 years imprisonment. The sentences for Ramón Labañino of life imprisonment plus 18 years, Antonio Guerrero of life imprisonment plus 10 years and for Fernando González of 19 years imprisonment are held to be revised and are being remanded to the Miami court.
  • On October 13, 2009, a Miami court reduced Antonio Guerrero's sentence to 21 years and 10 months. Previously, Guerrero's lawyers had worked out a deal with the prosecutor to reduce the sentence to 20 years. The court ruled this agreement lightly.
  • On October 7, 2011, René González, the first of the Miami Five, was released from prison for good conduct. The remaining sentence of two years' imprisonment was suspended for three years, subject to conditions.
  • On March 19, 2012, René González was granted a special humanitarian permit to visit his sick brother who was living in Cuba for two weeks. He arrived in Cuba on March 30, 2012. His arrival in Cuba was not officially celebrated. There was only a brief announcement in the official media. González returned to the United States after his court-approved two-week stay in Cuba.
  • On May 10, 2013, René González was allowed to stay in Cuba. He had previously given up his US citizenship, which was a judicial requirement for permission.
In addition, two of the wives, Adriana Pérez, the wife of Gerardo Hernández (sentenced to twice life imprisonment plus 15 years) and Olga Salanueva, the wife of René González, who was deported from the USA in 2000, were granted entry visas for various reasons refused to visit her husbands there. (Since González's permanent move to Cuba in May 2013, only Pérez has been affected.)
  • Fernando González, the second member of the Cuban Five , sentenced to long prison terms , was released on February 27, 2014 and deported to Cuba the following day.
  • In connection with improving relations between the US and Cuba, the last three of the Cuban Five were released on December 17, 2014 .

Honors

In December 2001, Cuba's National Assembly decided to give each of the five secret service agents arrested the honorary title "Hero of the Republic of Cuba".

In May 2015 Venezuela's President Nicolás Maduro awarded them the "Orden Libertadores y Libertadoras de Venezuela".

Movie

See also

literature

  • Solidarity Committee ¡Basta Ya! (Ed.): The USA and terror. The Fall of the Cuban Five , Böklund 2007, ISBN 978-3-939828-16-7
  • Stephen Kimber: What Lies Across the Water: The Real Story of the Cuban Five , Fernwood Publishing 2013, ISBN 978-1-55266-542-8

Web links

Commons : Cuban Five  - collection of images, videos and audio files

swell

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  3. a b Miscues blamed on military's takeover of Cuban spy agency in: Miami Herald of September 17, 1998, accessed on September 16, 2011 (English)
  4. a b Couple plead guilty in Cuba spy case in: Miami Herald of September 21, 2001, accessed via LatinAmericanStudies.org on September 16, 2011 (English)
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  12. a b Amnesty International: USA: Unjust Punishment: Cuban wives denied visas for ninth time , appeal from March 2009, accessed on July 17, 2013 (English)
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  39. ^ Fernando González ya está en la Patria. Lo reciben Raúl, conductor de la Revolución y familiares. (+ Video y photos) , Cubadebate from February 28, 2014
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