Harry Lam
Journal Staff

In June 1998, Cuban government officials held a meeting with the FBI concerning terrorist plots against Cuba that were being organized by Cuban-exiled terrorist groups in Miami. Cuban officials handed over to the FBI the personal and contact information of five Cuban agents who were in Miami monitoring the activities of terrorist groups such as Alpha 66, Cuban-American National Foundation and Brothers to the Rescue. The Cuban officials believed the FBI was going to work with these Cuban agents on monitoring these groups and preventing any attacks towards Cuba.

In September 1998, the five Cuban anti-terrorist agents were arrested on several charges, ranging from conspiring to commit espionage against the U.S., conspiring to gather U.S. national defense information, and fraud and misuse of identification and acting as a foreign agent without registering with the U.S. attorney general. The leader of the group was charged with conspiring to commit murder.

The Cuban Five includes Gerardo Hernández, Antonio Guerrero, Ramón Labañino, Fernando González, and René González. They were sentenced to four life terms and 75 years in 2001. The Cuban government states the five agents were sent out after the 1997 terrorist bombings of tourist spots in Havana and were only monitoring the activities of Cuban-exiled terrorist groups in Miami. They never possessed weapons, harmed anyone, or infiltrated any U.S. government institution.

Even more concerning is the trial of the Cuban Five was held in Miami. Critics claim it is impossible for them to receive a fair trial in Miami due to the political sensitivity towards Cuba and Castro. Gary Moran, a jury selector expert at Florida International University, said, “a fair trial for the Cuban Five is impossible.”

Moran believes Cuban Americans are highly sensitized to the issue of Cuba and Castro and anyone represented as an agent of Castro will not receive a fair trial in Miami. He also made the point that in the U.S. everyone has a right to a free trial whether they are guilty or not.

‘The prosecutor repeatedly made it clear to the jury that if any of the five win then Cuba wins,” said Richard Klugh, a defense lawyer for the Cuban Five trial. “The government wanted to put the jurors in the position of knowing that if they did reach a verdict of not guilty then they would involuntary be taking up the cause of Cuba.”

John de Leon, former president of the American Civil Liberties Union in South Florida, claims, “there are many people who have lost their careers as a result of the positions they have taken in relation the Cuba issue and there had been people that had lost their lives or people who have lost their limbs in this community as a result of the positions they have taken on Cuba.”

Amnesty International stated the U.S. government’s refusal to issue a humanitarian visa to the wives of the Cuban Five is a violation of human rights. The UN Commission on Human Rights issued a document in 2005 that revealed their criticisms of the trial. The Atlanta Court of Appeals also issued a document several years after the trial showing that Miami was not a fair venue for the trial. The Cuban government claims the case of the Cuban Five further demonstrates the hypocrisy, irrationality, and illogicality of the U.S. government towards Cuba. They also note that the case was highly politicized in two points: the first being that the Bush administration recognized the power and influence of the Cuban-exiled community in South Florida and wanted their continued support; the second point is the U.S. is trying to undermine the Cuban government.

Ironically, The U.S. government currently monitors terrorist groups in over 80 countries that they believe are planning to commit attacks towards the U.S. If the U.S. government currently does the same then why are the Cuban Five jailed? Don’t they at least deserve a fair trial? Why were the agents of the Russian spy ring that were arrested by the FBI during the summer of 2010, which were gathering intelligence on nuclear weapons, the U.S. gold market and the CIA, allowed to go home but not the Cuban Five?