Campaign to free the Cuban 5 grows

Although a three-judge panel of the U.S. Court of Appeals unanimously overturned the espionage conspiracy convictions of the Cuban Five last August and ordered a new trial, the Five continue to languish in U.S. prisons today. The “Justice” Department, stunned by the unequivocal defeat it suffered in August, is mounting an aggressive legal attack against the Five in order to keep them in jail and prevent a new and fair trial. In response, the international movement to free the Five heroes is increasing its work as well by launching an ambitious political campaign to win their freedom.

The legal battle continues

After over a year of deliberation, a three-judge panel of the 11th Circuit Court of Appeals held unanimously that the Five did not and could not receive a fair trial in the hostile, anti-Cuba political atmosphere in Miami. In a comprehensive, 93-page opinion, the panel found that the conduct of the prosecutor, the media, and the anti-Cuba forces in Miami were so egregious that the Five were entitled to a new trial outside of Miami.

The 11th Circuit Court is widely considered to be one of the most conservative and reactionary courts in the nation. Its judges are by no means friends of Cuba or champions of civil liberties. The unanimous opinion of this court last August was an indication both of the weakness of the government’s case against the Five and of the strength of the worldwide movement to free them, a movement which has grown exponentially since the Five were arrested in 1998.

After their convictions were struck down last August, the Cuban government demanded the immediate release of the Five. However the Five are still being held today in separate prisons all over the country. The Justice Department continues to deny them the most basic rights, such as the opportunity to visit with their wives and children.

The government was clearly surprised by the 11th Circuit ruling. This is not because they believed in the strength of their case, but rather because criminal convictions of any kind are so rarely overturned, much less by such a reactionary court. In addition, the Justice Department was undoubtedly relying on the political hostility toward Cuba that exists in all sectors of the federal government to uphold its case. The prosecutors underestimated the strength and the impact of the vigorous campaign to win freedom for the Five that has grown in Cuba and all over the world since 1998. And they underestimated the strength of the information about the case.

Now the U.S. government, facing a potentially enormous defeat in their campaign to isolate Cuba and those that support Cuba, is engaged in a new phase of this legal battle. Instead of allowing the Five to have a new and fair trial, the Justice Department has asked the 11th Circuit court to hear the case again en banc. This means that, as opposed to the usual 3-judge panel, all of the judges who sit on 11th Circuit court will review the case. The judges have the authority to uphold or overturn the opinion of the smaller panel.

The 11th Circuit, in what many consider to be a somewhat unusual decision, agreed to the Justice Department’s request. The lawyers in the case will present oral arguments during the week of February 13th.

This stage in the legal battle marks an incredibly important period for the Five’s case. Although the movement to free the Five is still growing, the pressure on the judges from the Bush administration and from other forces hostile to Cuba has also increased since the 11th circuit’s August decision. For example, the Justice Department motioned the 11th circuit to reject two briefs written by the National Lawyers Guild, the Florida branch of the National Association of Criminal Defense Lawyers, and the National Association of Federal Public Defenders in support of the Five. These briefs, referred to as amicus briefs, are routinely accepted by courts. On Jan. 6, the court ruled against the government and accepted the briefs.

New campaigns launched to win freedom for the Five

In response to this growing right-wing pressure, the international movement to free the Five is stepping up its political campaign. The National Committee to Free the Cuban Five has launched the Five Heroes Freedom Fund, a fundraising campaign to raise $250,000 to launch a major political offensive for the Five. The funds raised will go to various initiatives such as hiring a professional, progressive media company to raise awareness about the Five as well as purchasing another full-page New York Times ad about the case. In 2004, $60,000 was raised to purchase such an ad and tens of thousands of people around the country learned of the Five’s case for the first time.

The New York Committee to Free the Five has launched a women’s campaign on behalf of the Five and their families. In September 2005, the Committee delivered a letter to the Justice Department signed by dozens of prominent women leaders. The letter demanded the immediate release of the Five and the immediate granting of visas for their family members who wish to visit them. The New York Committee is continuing this campaign, demanding a meeting with officials in the Justice Department that are directly handling the case.

Priscilla Felia of the NY Committee and Cuba Solidarity New York said of the women’s campaign, “Although Attorney General Gonzales has not responded to a correspondence and a visit by a group representing over more than 100 women from around the country, we hold Attorney General Gonzales accountable for the pain he has caused these honorable men and their families by not upholding the values held in our Constitution which he must do, and he must do so immediately.”

There are local actions taking place across the country, including an upcoming East Coast film tour by filmmaker Bernie Dwyer, the co-creator of “Mission Against Terror,” and prominent religious leader Father Geoffrey Bottoms.

Movement leaders recognize that the more people know about the Five, the harder it is for the Bush administration to deny the Five their freedom. Building a strong support movement for the Five in the next important months will be critical to their victory. Teresa Gutierrez, a leader of the New York Committee to Free the Cuban Five, said, “Part of the U.S. government’s intransigence on the case of the Five is their longstanding war against Cuba. This war has escalated in the recent period with policies that aim to strike further blows. But developments from Bolivia to Venezuela indicate that a new period is rising, one that will turn the tide for justice and help win freedom for the Five.”