Resolution in Support of the Cuban Five, their Rights to Fair
Trial and Visitation Rights for their Families
Whereas, Ramon Labañino, Rene Gonzalez, Fernando
Gonzalez, Antonio Guerrero and Gerardo Hernandez known as the “Cuban
Five” were arrested in Miami, Florida in September of 1998 and charged
with 26 counts of violating federal laws of the United States, 24 of those
charges were technical and minor offenses, none of the charges reflected
violence against the United States, use of weapons, property damage, nor
threatened or killed any person ortransferred U.S. Government documents or
classified material; they are serving four lifetime sentences and 77 years in
U.S. prisons collectively; and
Whereas, the “Cuban Five” had a mission to
infiltrate and monitor the activities of terrorist and criminal groups
operating in Miami and report planned threats against the Cuban people and
government of Cuba. More than 3,000 Cuban citizens have lost their lives due to
this terrorism over decades including the explosion of a bomb mid air killing
73 passengers of Cubana Airlines on October 6, 1976, which Orlando Bosch and
Luis Posada Carriles of Miami have been suspects. In 1990, President Bush
Senior pardoned Orlando Bosch and the United States government continues to
protect Luis Posada Carriles from extradition for trial as required by
international covenant; and
Whereas, the arrest of the “Cuban Five” took
place shortly after the Cuban government shared information with the United
States government authorities concerning terrorist actions against Cuba being
planned from Miami; and
Whereas, upon arrest in 1998, the “Cuban
Five” spent 17 months in solitary confinement and in 2003 one month in
the “hole” under isolated and terrible conditions; and
Whereas, in August 2005, the 11
th Circuit three-judge panel unanimously overturned all the “Cuban
Five’s” convictions and ordered a new trial citing it was
impossible for the Cuban Five to receive a fair trial in Miami due to various
Cuban exile groups and paramilitary camps that operate in the Miami area; and
Whereas, three retired Generals and a retired Admiral of
the United States army testified at the trial that the “Cuban Five”
were not a threat to the United States National Security; and
Whereas, Alberto Gonzales directly intervened on the
U.S. governments behalf to set asidethe 11
th Circuit three judge panel opinions; and
Whereas, in June 2008, the 11
th Circuit Court of Appeals upheld the guilty verdict and the panel ratified
the sentences of Rene Gonzalez and Gerardo Hernandez. In the cases of Ramon
Labanino, Antonio Guerrero, and Fernando Gonzalez, they were sent back for
resentencingin the same court that convicted them in Miami; and
Whereas, on May 27, 2005, the United Nations Working
Group on Arbitrary Detentions found the detention of the “Cuban
Five” to be in “contravention of article 14 of the International
Covenant on Civil and Political Rights”, and requested that the United
States Government adopt the necessary steps to remedy the situation, in
conformity with the principles stated in the International Covenant on Civil
and Political Rights; and
Whereas, Amnesty International has condemned the inhuman
treatment of the “Cuban Five”, by the United States refusal and/or
severe limitation of visas for family visitations since 1998,
Therefore be it Resolved, that the San
Francisco Labor Council calls for President Obama and Secretary of State
Hillary Clinton to consider the violation of International Covenant and due
process for fair trial associated with the conviction and imprisonment of the
Cuban Five; seek diplomatic improvement in the relationship between the United
States and Cuba; and calls for pardon and release of the Cuban Five to their
homeland, in respect for information provided to the United States Government
to protect us and others from acts of terrorism and consideration of time
served in prison since 1998 for violations of United States federal law;
and
Be it Further Resolved, as long as
these men remain in prison, the government of the United States allow the right
of regular visits, as per international law, for all of the prisoners’
relatives, including the immediate granting of humanitarian visas to Olga
Salanueva and Adriana Perez to visit their husbands in prison; and
Be it Further Resolved, that the San
Francisco Labor Council calls on AFL-CIO President Trumka to send a letter to
President Obama expressing the content of this resolution; and
Be it Finally Resolved, that this
resolution shall be sent to the to President Obama, Secretary of State Hillary
Clinton, the Attorney General, United States Senators Boxer and Feinstein,
Speaker Pelosi and other Bay Area Congressional members, State Senators Leno
and Yee, State Assembly members Ammiano and Ma, and members of the San
Francisco Board of Supervisors.
Submitted by Allan Fisher, AFT 2121, and adopted by the
Executive Committee of the San Francisco Labor Council on October 5,
2009.
