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    What is Their Current Situation?

    By Tamara Hansen
    2006-Today: the more recent struggle for the Freedom of the 5!

    On August 20th 2006, a threejudge panel of the 11th Circuit Court of Appeals overturned the charges and convictions against the Cuban 5 and they were granted a new trial outside of Miami. The three Appeals Court judges ruled that they were originally sentenced excessively, and that there was no evidence proving that the three men had ever obtained or transmitted any top-secret information. This was a huge victory for the 5 Cuban Heroes and justice seeking people around the world. However, exactly one year later in August 2007, after immense pressure from US Attorney General Roberto González, the full twelve judge panel of the same court reversed the favourable decision of the three judges. This meant the case would continue in Miami where there is no possibility of a fair trial.

    So the lawyers of the 5 Cuban Heroes went back to court to argue against some of the most important manufactured charges against the 5. This includes the charge of “conspiracy to commit murder” laid against Gerardo Hernández. On June 4th 2008, the 11th Circuit Court of Appeals in Atlanta released another decision to uphold the unjust convictions against the 5 anti-terrorist Cuban Heroes. The verdict of “guilty” was upheld on all counts, from the minor charges to the outrageous charge of “conspiracy to commit murder”.

    Cuba made an request to the 11th U.S. Circuit Court of Appeals in Atlanta to reconsider the decision of June 4th 2008. On September 2nd 2008, the unfavourable June 4th decision was upheld by the appeals court. This means, Gerardo Hernández is still faced with 2 life sentences plus 15 years and René González for 15 years. However, they did order that three of the Cuban 5 be re-sentenced. Antonio (life plus 10 years), Ramón (life plus 18 years), and Fernando (19 years), though they are being re-sentenced by the same judge in Miami that condemned them originally.

    September 12th 2008 marked the 10th year of unjust imprisonment for the 5 Cuban Heroes. The US government is using these 5 men as part of their longstanding and brutal campaign to undermine the human rights of the Cuban people. This campaign includes the US criminal and immoral blockade on Cuba as well as the US-sponsored terrorism against Cuba.

    The US government is paving the way for continued Miami-based terrorism and attacks against the Cuban people. As long as the Cuban 5 are in prison, the truth they uncovered will remain behind bars and the anti-Cuba Miami Mafia is free to operate and continue to attack Cuba with impunity. The US government must end this aggression, jail the anti-Cuba terrorists operating within US borders and free these 5 men.

    In this extreme travesty of justice, the time to act is now. Justice and freedom for the Cuban 5 will only come through work on the streets. The US government needs to know that people all over the world and in the United States know about the case of the 5 and demands justice. As human and peace-loving people it is our job to join the call and demand freedom for the 5 Heroes.

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