[News] A Decision in the Posada Case
news at freedomarchives.org
Fri Aug 28 16:15:08 EDT 2009
August 28-30, 2009
The Right to Make Money is More Important Than the Right to Know
A Decision in the Posada Case
By JOSÉ PERTIERRA
A federal district court in El Paso, Texas,
accepted many of the Governments arguments, not
allowing certain evidence in the case of Luis
Posada Carriles to be made public. Posada is
scheduled for trial on perjury charges in March of 2010.
The Judge imposed a protective order on part of
the evidence that will be used at
trial. Specifically, Judge Kathleen Cardone
ordered a protective seal around tapes and
transcriptions that journalist Ann Louise Bardach
made in the course of interviewing Posada
Carriles in 1998 concerning terrorist actions
that he masterminded the previous year.
The judges decision, is incredibly, and based on
the journalists right to sell her material and
she is entitled to the proceeds of that
sale. The Court concluded that Ms. Bardach
should not . . . lose control over that material.
The economic interests of a journalist to sell
her tape recordings, or a book based on those
recordings, ought not take precedence over the
publics right to know, as well as the rights of
the families affected by the terrorist acts to
review the evidence. This decision is a sad
reflection of what is truly most important in
this society: business above all else.
Fabio DiCelmo, the young Italian that Posada
brutally murdered in Havana on September 4, 1997,
left behind a family that grieves his
absence: Giustino and Ora, his parents, as well
as Livio his brother. They, and also the public,
ought not have to await the publication of a book
that they would subsequently have to purchase in
order to review the taped interviews of Posada Carriles.
During all of the legal vicissitudes that we will
come across in the coming months relating to the
trial of Posada Carriles in El Paso, we must not
lose sight that the terrorist has 73 counts of
first degree murder pending in Caracas in
relation to the downing of a passenger plane.
The charges that are pending against Posada in
Caracas are much more serious than those pending
in El Paso. Perjury is a poor substitute for 73
counts of first degree murder, and a murder prosecution ought take precedence.
The Montreal Convention for the Suppression of
Illicit Acts for the Protection of Civil
Aviation, signed in Montreal in 1971, obligates
Washington to try Posada in the United States for
73 counts of first degree murder, if it decides not to extradite him.
Posada Carriles is an international fugitive from
justice. He fled from a Venezuelan prison to
escape justice. If it does not extradite him to
Venezuela, the United States is legally obligated
to prosecute him for the downing of the
plane. Why doesnt Washington abide by its
obligations under international law? This is the heart of the matter.
José Pertierra represents the government of
Venezuela in the extradition case against Luis Posada Carriles.
522 Valencia Street
San Francisco, CA 94110
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