[Ppnews] On the Cuban Five and Luis Posada Carriles
Political Prisoner News
ppnews at freedomarchives.org
Fri Apr 6 13:20:46 EDT 2007
2 Articles follow!
Alpha 66 present at Posada hearing
http://www.granma.cu/ingles/2007/abril/juev5/15audiencia-i.html
BY JEAN-GUY ALLARD Granma International staff writer
BEFORE some 30 of his supporters representing
various groups preaching the use of terror
against Cuba, Luis Posada Carriles still not
accused of terrorism, in violation of a number of
international conventions offered a property
valued at $2.5 million as guarantee for his bail application.
According to news agency reports, the hearing
before Judge Kathleen Cardone in El Paso, Texas,
took place in the presence of at least 30
representatives of Cuban exile organizations in California and Miami.
The organizations identified included the Bay of
Pigs Veterans Association (Brigade 2506) headed
by assassin and CIA agent Félix Ismael Rodríguez
Mendigutía; the Independent and Democratic Cuba
of drug trafficker Hubert Matos; and the
so-called Cuban Political Prisoners Council, of
the notorious terrorist Reinaldo Aquit.
But among the individuals in the courtroom,
without Judge Cardone being aware of it and
unmentioned by the agencies, was Ernesto Díaz
Rodríguez, chief of the Alpha 66 terrorist group.
Alpha 66 has a history of acts of terrorism
against Cuba spanning more than 40 years. Díaz
Rodríguez subsequently commented publicly on the
hearing during a Miami radio program along with
Mafia lawyer Arturo Hernández Hernández, Posadas defense attorney.
During the hearing, Hernández emphasized that
Posada Carriles can count upon "important
sympathizers in the Cuban exile community in
Miami" who have signed petitions for him, without
commenting on the presence of notorious
terrorists in the campaign organized for those purposes.
Among other signatures, the "petition" mentioned
by Hernández bears that of Orlando Bosch,
terrorist accomplice in the sabotage of a Cubana
passenger plane in 1976, which killed 73 people;
Rodolfo Frómeta, capo of the terrorist Comando
F-4 group; and various other individuals identified with the Alpha 66 group.
ELDERLY INVALID SCRIPT
Trying to win the courts sympathy, Hernández did
not hesitate to fall back on the script already
used in Panama by narco-lawyer Rogelio Cruz,
making out that Posada is suffering from a whole
series of illnesses ranging from cancer to
diabetes, and including arterial hypertension and arthritis.
Posada is an elderly and sick person who is not
threatening anyones tranquility, the lawyer
stated, without mentioning that when the criminal
was released from the El Renacer prison in
Panama, the "elderly invalid" was capable of
disappearing for months in Honduras, using a
stolen passport and taking advantage of the aid
of his Central American network of assorted notorious criminals.
Describing the conditions in Otero County Jail in
New Mexico, where Posada is being held, Hernández
gave details recalling how Bushs prisons are
using methods observed in the Guantánamo interrogation camp.
There, he affirmed, it is impossible to sleep,
because they keep the lights burning 24 hours a
day, and do not provide adequate medical services.
On April 17, 2005, warning that Posada Carriles
could be "disappeared" in the United States,
President Fidel Castro commented: "In order that
they dont kill him now, dont poison him, dont
say that he died of a heart attack or a brain
hemorrhage, we are prepared to send doctors to
look after him, so that he tells what he knows and goes on trial."
FALSE PASSPORTS FACILITATED BY THE UNITED STATES
District Attorney Paul Ahern stated that there
was no guarantee that Posada would remain under
house arrest, given that he escaped from a
Venezuelan jail in 1985 after being charged with
the attack on the Cuban aircraft and traveled on
false passports on a number of occasions.
With surprising frankness, Hernández responded
that those passports were facilitated by the U.S.
government, which was aware of his existence at
least when Posada Carriles was a CIA informer.
Nobody denied that assertion.
One of the terrorists lawyers, Matthew L.
Archambeault, argued on another occasion that
Posada "knows a lot" and that if he talked, it
could be damaging to the FBI, the CIA and the
government in general. Hernández reference seems
to be a similar attempt to pressure the justice system.
The Bush family connection with anti-Cuban
terrorism and Posada in particular dates back to
the early 1960s and goes from Operation 40 in the
context of the failed Bay of Pigs invasion to the
presence of CIA agent Jorge Mas Canosa at the
head of the Cuban-American National Foundation,
which funded and directed acts of terrorism confessed to by Posada.
Hernández offered bail in the form of a
commercial property in Miami valued at $2.5
million and belonging to one Judith García. The
lawyer also proposed an additional corporate bond of $100,000.
DISTRICT ATTORNEY IGNORES INTERNATIONAL CONVENTIONS
Ahern affirmed that the United States lacks
jurisdiction to try Posada for the attack on the
Cubana Aviation airplane in 1976. Surprisingly,
the district attorney appeared to ignore the fact
that the U.S. government signed the Convention
for the Repression of Illicit Acts against Civil
Aviation in 1971 and the International Convention
for the Suppression of Terrorist Bombings, in effect since 2001.
The U.S. Immigration and Customs Enforcement
agency (ICE) stated months back in a letter to
Posada Carriles, that he was a danger to national
security due to his long record of criminal
activity and violence in which innocent civilians died.
Judge Cardone will decide in the course of this
week whether to release Posada, who faces seven
charges of immigration fraud and of having lied to immigration officials.
Posada tried to say that he entered the United
States illegally via the Matamoros-Brownsville
location, when his arrival in Miami aboard the
shrimper Santrina, accompanied by various
terrorists of his clan, has been documented.
The trial is scheduled for May 11 in El Paso.
(Translated by Granma International)
http://www.counterpunch.org/lariva04062007.html
April 6, 2007
An Interview with Human Rights Lawyer José Pertierra
On the Cuban Five and Luis Posada Carriles
By GLORIA LA RIVA
Q: José, what is your role in the case of Luis Posada Carriles?
A: I am the attorney for the Bolivarian Republic
of Venezuela with respect to its petition for the
extradition of Luis Posada Carriles from the United States to Caracas.
Q: There is a hearing in El Paso tomorrow about
Posada. Can you tell us what it is regarding?
A: Posada Carriles is charged by the federal
government for lying, not for terrorism. The U.S.
government is accusing Posada of immigration fraud.
On Tuesday, there is a bond hearing to determine
if Posada Carriles will await his trial-to take
place in May-in the streets of Miami or in a New
Mexico jail where he is currently. There is a
woman who has put up a commercial property which
she has in Miami, with a value of two million
dollars. The judge will determine whether Posada,
1.) is a person who would try to flee, and 2.)
whether Posada is a danger to the community.
That is the only thing that will be decided
Tuesday, Apr. 3. The trial on whether he lied or
not in his naturalization petition, will take place in May.
But it is obvious throughout all of Posada
Carriles' history, that he is a person who has a
propensity to escape or flee. He is already a
fugitive from justice. He escaped from a prison
in Venezuela while facing 73 homicide charges
against him. There is now an order for his arrest
in Venezuela, for those 73 murder charges and he is a fugitive from justice.
In spite of the extradition petition that the
Venezuelan government presented in June 2005,
almost two years ago, in spite of the fact that
he is a fugitive in Venezuela after escaping from
a Venezuelan prison in 1985-with the help of his
accomplices in Miami, in spite of the 73 counts
of first-degree murder for the 73 people who were
on board the Cubana Airlines passenger plane,
despite all this, the United States:
First, refused to charge Luis Posada Carriles with being a terrorist.
Second, it has not attended to the extradition
petition that Venezuela has presented.
Third, the government issued a simple immigration
violation charge against him, accusing him of
having entered the country illegally through the border with Mexico.
And upon the conclusion of that immigration
violation procedure, they have charged him with
lying. It is a felony to lie to a U.S. official,
and Posada Carriles did it when he alleged that
he was a U.S. citizen and lied about how he
entered. He said that he had entered without
documentation through the border when in reality
he entered Miami in 2005 on a boat named Santrina.
This is an individual who has a history of
violence against defenseless civilians. He is
accused of bombing a plane with 73 passengers. He
is accused of murdering dozens of political
prisoners in cold blood in Venezuela in the
1970s, when he was head of special operations in
the intelligence services of Venezuela, called
the DISIP. He is a person who collaborated with
the bloodiest forces in Central America,
specifically the paramilitaries in El Salvador, Guatemala and Honduras.
This man was key in the operation, the scandal
later called Iran-Contra, which gave arms and
technical assistance to the Nicaraguan contras,
who committed so many human rights violations.
Posada was convicted in a trial in Panama for
conspiring to bomb an auditorium with C-4
explosives in the University of Panama, which
would have been full of Panamanian students
listening to a speech that the Cuban President Fidel Castro was going to give.
This is an individual with a long history of
terrorism. He is known as the Osama Bin Laden of
Latin America. I cannot imagine that a U.S. judge
would determine that he is not a danger to the community and release him.
But everything is possible in the United States. There is that danger.
Q: Why do you think the government is not
extraditing or trying Posada Carriles for the
plane bombing? The Homeland Security prosecutors
did not even mention that crime of Posada when
the immigration hearings for Posada were held in
June and August 2005 in El Paso, Texas.
A: During the whole immigration proceedings
against Posada, it was obvious that the United
States had an interest in appearing to do
something with respect to Posada while in reality doing the minimum possible.
I believe there is an understanding, not written,
but an understanding between the government and
Posada, that he will be treated well by the
United States while he is in U.S. territory, in
exchange for Posada not saying all that he could
about the U.S. intelligence services. Keep in
mind that Posada, by his own admission, is an
individual who worked with the CIA since at least 1962.
He was sent by the CIA to Venezuela in the 1970s
to lead an anti-subversive operation there, and
to capture and torture individuals who were
seeking social change in Venezuela in the 1970s.
He is a man who has worked closely with the U.S.
intelligence services since he began his career.
Therefore, it does not surprise me that the
United States is doing the minimum to maintain
Posada in prison, because it is not politically
wise for them to free him, but they will not extradite nor try him for murder.
That is why, you see, they first initiate
immigration charges, and later they begin a
criminal process, but they limit the accusation
as to whether Posada lied, not whether he is a terrorist.
He has a great deal of information that would be
a very delicate matter for the United States if he were to talk.
Q: Can you tell us something about Posada's
attacks against Cuba, carried out by mercenaries
in the 1990s, and the current investigation being
carried out in New Jersey over those crimes?
A: In the 1990s, Cuba experienced a very
difficult economic situation, that was the
special period when the socialist camp collapsed
and the countries that traded with Cuba underwent
drastic political changes. They stopped trade
relations, and the Cuban people endured hardship
because they had no resources. There was no oil,
no fuel, and many times no food.
Cuba opened up to tourism as never before since
the triumph of the Cuban revolution on Jan. 1,
1959. They opened up hotels and tourists began to
come to Havana and other cities in Cuba.
At the same time this was happening, various
groups of Cuban origin in the United States
decided to unleash a wave of violence against the
tourist sector in Cuba. Terrorism is always
against defenseless civilians but it has a
political goal. The political goal in this case
was to terrorize the tourists who wanted to travel to Cuba.
At that time, in 1997, Posada was in Central
America, Guatemala, Honduras and El Salvador. He
moved from one country to another with false
passports. Posada was the mastermind behind that wave of terror.
Interestingly, it has been discovered that the
organizations of Cuban origin in the United
States, specifically in New Jersey and Miami,
sent money to Posada by cable while he was in Guatemala.
With that money, Posada hired Guatemalan and
Salvadoran mercenaries to take explosives to
Cuba, where they were detonated in the best and
most luxurious hotels and Cuban cabarets.
If you follow the money, you see that those New
Jersey and Miami organizations send money to
Posada, Posada hires those people from Central
America, they go to Cuba and explode bombs.
After all those bombings, it seems that Posada
wanted them to send him more money for the
successful campaign he was carrying out. He was
very upset about this and gave an interview in
1998 to two New York Times journalists, Larry
Rohter and Ann Louise Bardach. He told him he was
the mastermind of that wave of terror. He also
told them he was receiving money from certain
organizations in the United States.
The New York Times published the story. Now the
FBI along with a New Jersey prosecutor, have
opened a grand jury investigation to examine the
evidence that exists, which could possibly result
in prosecutions of Posada and others, for that
wave of terrorist attacks that killed an Italian
in Cuba, named Fabio Di Celmo. The grand jury
still has not concluded. We don't know if they will indict or not.
The United States is full of contradictions.
Although I believe the White House is trying to
help its favorite terrorist, Luis Posada
Carriles, at the same time I am convinced that
there are honest prosecutors who work in the
Department of Justice and who take seriously the
fact that that department is named Justice. I
believe there are those who want to carry out an investigation of this type.
However, the final decision as to what will
happen will be made in the White House, as well
as in the immigration case. The Homeland Security
prosecutors were not able to act on their own,
they had to follow specific instructions from the White House.
The murder of Fabio Di Celmo was a horrifying
crime. He was a man who was having a drink in a
hotel bar. He was on vacation when the bomb
exploded that killed him. That crime cannot go
unpunished. Posada Carriles must be tried not
only for the plane bombing but also for the
murder of Fabio Di Celmo. I would be very pleased
if he were tried for that crime as well.
Q: The terrorist Santiago Alvarez brought Posada
into Miami secretly on his boat Santrina in March
2005. Afterwards, Alvarez was arrested for an
arms cache that he had in Miami. What is your
opinion of the government's treatment of Santiago
Alvarez? In spite of being an accomplice of
Posada, now the government is reducing his
already light sentence for illegal possession of weapons.
It is strange. Santiago Alvarez was the financial
backer of Posada Carriles, the man who paid for
his trips and sent him money. This is an
individual who has been indicted and convicted
for having an illegal weapons cache in a house in southern Florida.
He is in prison now but he has not been charged
for bringing Posada illegally into the United
States. What you say is true. They are charging
Posada for immigration fraud, alleging that he
came on the Santrina, with Santiago Alvarez and Mitat.
So then, why are they not charging Santiago
Alvarez and Osvaldo Mitat for bringing Posada to
the United States? The law prohibits anyone from
helping another person enter the country
illegally. It is a serious crime, a felony. But
if the person you are helping is not simply an
undocumented person who comes to the United
States to be with his family or to harvest
artichokes in California, but instead is a
terrorist, the sanctions are more severe and
Alvarez could be imprisoned for decades.
But for that kind of a trial to happen Posada
would have to be declared a terrorist. I am sure
that if Luis Posada Carriles' name were Mohammed,
Alvarez would be facing much more serious charges than he is now.
Another thing that occurs to me is the huge
armament that Santiago Alvarez had in southern
Florida, machine guns, rocket launchers,
grenades. Why is no one asking what they were
going to do with all those weapons? Was there a
terrorist operation being planned in the United
States? Against the United States, Cuba or
Venezuela? It seems to me that it is something
that should be investigated and the press should
ask the U.S. authorities if they have investigated this.
It is too much of a coincidence that Posada
arrived in the United States at a time when the
person who brought him has an enormous arsenal
hidden in a Miami warehouse. Miami is a city
where they just accused a group of individuals of
being terrorists, because they supposedly planned
to blow up a building in Chicago. These
individuals didn't even have a fake pistol. They
had not one weapon or bullet and they are accused of terrorism.
But here we have a man with a long history of
terrorism, who is aided by other individuals,
friends and accomplices who are also involved in
terrorism, and nobody asks what actions these
terrorists were going to carry out.
Q: It is evident, with all that is happening in
Miami, how the Miami terrorists operate with
total impunity, while the Cuban Five
anti-terrorists have been unjustly imprisoned for
over eight years in United States prisons. They
are effectively kidnapped by Washington for
having struggled against Miami terrorism.
A: The case of the Five is one of the most unjust
cases in the history of United States
jurisprudence. The Five did not come to the
United States, as the prosecutor on three
different occasions stated in the trial, "to
destroy the United States." There is not any evidence showing that.
Quite the contrary. The evidence shows that those
individuals came to this country to penetrate
organizations of Cuban origin that carry out
terrorist actions against the island of Cuba, from U.S. territory.
The Five had to come to the United States,
because the U.S. government, instead of
investigating, arresting and prosecuting the
terrorists who were carrying out hostile actions
against Cuban civilians for decades, instead of
doing that, the U.S. organized the terrorists,
trained them, encouraged and supported them during all these decades.
Therefore, facing this situation, in order to
defend their civilian population-a civilian
population that has suffered more than 3,000
murders since the Cuban revolution began in
1959-Cuba sent these individuals to obtain
information, not information of the United
States, not classified U.S. government
information, but information on the Miami
terrorist organizations who were carrying out this wave of terrorist acts.
After obtaining much of this necessary
information, Cuba sent a messenger to President
Clinton about the information obtained by these
five anti-terrorists and delivered to him a
hand-written letter by President Fidel Castro.
The letter was given to President Clinton by a
unusual messenger, Gabriel García Márquez, Nobel Laureate in Literature.
García Márquez has related how he felt carrying
this letter, because he didn't want to leave the
Hotel Washington for fear that someone might rob
the letter. García Márquez gave the letter to
Clinton's assistant, Max McCarty, who commented
to the Colombian writer the following: "The
United States and Cuba have a common enemy and
that enemy is terrorism. We can fight together against terrorism."
Cuba handed over documentation and waited and
waited and waited for the FBI to act and capture
those terrorists. But instead of capturing the
terrorists, the FBI, through its Miami director,
Héctor Pesquera, arrested the men who had
infiltrated those organizations. In other words,
the FBI instead of using the information that
Cuba gave it to arrest the terrorists, it used
that information to investigate and find out who
those individuals were that Cuba had penetrated into the organizations.
After the FBI found out, it arrested the Five
individuals, who were convicted and received
prison sentences of four life terms and many years.
They were convicted without one single classified
document in their possession, with no evidence
whatsoever that they had participated in
violence, much less homicide. And they were tried
in Miami, in an atmosphere highly contaminated by
the hatred in Miami against Cuba. Miami is a city
where the very U.S. government has not wanted to
see its Cuba-related cases to be tried in Miami,
knowing that such a trial could not be fair in Miami.
But that is precisely where these courageous five
men were tried. They were tried in Miami and, of
course, convicted, as would be expected. This
injustice cannot be tolerated. The Cuban Five
must be freed and it is Posada and the other
terrorists living freely in the United States who should be prosecuted.
Q: You were in Venezuela recently. Can you tell
us if the government is doing anything to back up its extradition petition?
A: Venezuela presented to the United States in
June 2005, two volumes totaling almost 2,000
pages of documents in support of its extradition
petition. There are more than enough documents
for the United States to extradite Posada or to
try him in the United States. The United States
government has plenty of documentation, including
the documents declassified by the U.S. government
itself and cited by the CIA. These are not only
in U.S. possession, they are easily available on
the Internet. The National Security Archives, a
non-governmental organization run by the George
Washington University, has published dozens of
documents declassified by the U.S. government,
very telling about the terrorist activities of
Luis Posada Carriles and his participation in the plane bombing.
There are other documents in Venezuela about
Posada's terrorist history. Posada did not become
a terrorist with the plane bombing of Oct. 6,
1976. He has been a terrorist since he left Cuba.
He has a long history in the Venezuelan archives.
There is documentation about Posada Carriles when
he was head of special operations in DISIP. He
was in charge of anti-subversive operations in
Venezuela. Just in Caracas alone, he captured
several prominent individuals who were part of
the Venezuelan social movement, whom he
interrogated, tortured and murdered. They were
very meticulous about documenting their crimes.
Whoever reads "The Path of the Warrior," Posada's
autobiography, will be able to verify some of those crimes.
Q: In June 2006 during the first hearing for
Posada in El Paso, Posada's attorney Eduardo Soto
told the press that Posada had been a CIA agent
until the mid-1990s. Does this statement hold any significance?
A: I have never seen any proof that Posada has renounced his work with the CIA.
The people who collaborate with the CIA are not
necessarily employees of the CIA. Working with
the CIA is not like working in a factory, where
you punch your timecard in at 8:00 am and when
you leave at 5:00 pm you punch out to prove you worked the whole day.
There are undoubtedly workers who work in Langley
on a daily basis, who receive their salary in
checks that carry the CIA label. But the majority
of individuals who work with the CIA on a
clandestine basis are not conventional salaried
employees. What they do is provide information or
they carry out operations that are directed or
inspired by the CIA. I do not think there is any
evidence that Posada has renounced these activities.
What's more, if we talk about 1976 and the plane
bombing, for example, Posada sent his right-hand
man-a Venezuelan named Hernán Ricardo who was his
subordinate in the DISIP-to plant the bomb.
Ricardo recruited his associate, Freddy Lugo,
also Venezuelan. These two men were the direct
perpetrators of the bombing. When they were
captured in Trinidad, they confessed to the
police chief, Dennis Ramdwar, a police
commissioner, that: 1.) They were from DISIP, and
2.) they were CIA, that their explosives-training
was done by the CIA and that they received CIA
training on how to plant the bombs.
Ricardo said, "my boss is Luis Posada Carriles."
There is an expression in Spanish, to describe
something very obvious: "It didn't fall far from
the tree." I think that type of confession shows
that Posada Carriles and Hernán Ricardo are
individuals who in 1976 were trained in the use
of explosives and were inspired by the CIA to
carry out terrorist acts . There is absolutely no doubt of that.
Another curious thing. In Venezuela where I was
recently, I saw the little phone and address
directory that Ricardo had when he was captured
in Trinidad after having placed the bomb.
In the first page of that book is the first and
last name of the U.S. diplomat at the U.S.
embassy in Caracas, Joseph Leo. Now, I am not
saying that Joseph Leo is a CIA, but nobody can
deny that that man was a functionary of the U.S. embassy.
I ask myself, what is a terrorist-who just
finished placing a bomb, killing 73
passengers-doing with a phone directory that has
the name and telephone number of a U.S. diplomat
based in the embassy in Venezuela?
Q: By international law, the U.S. authorities
still have an obligation to try Posada. What can be done to win justice?
A: Venezuela's extradition request is based on
three different legal instruments. The first, of
course, is the extradition treaty between
Venezuela and the United States, signed in 1922.
We also rely on another legal instrument, the
Convention for the Suppression of Unlawful Acts
against the Safety of Civilian Aviation, ratified
in Montreal in 1971. And the third, the
International Convention for the Repression of
Terrorist Attacks Committed with Bombs, ratified in 2001, which is retroactive.
Article 7 of the Montreal Convention says, "The
Contracting State in the territory of which the
alleged offender is found" -in other words, the
United States- "shall, if it does not extradite
him, be obliged, without exception whatsoever and
whether or not the offence was committed in its
territory, to submit the case to its competent
authorities for the purpose of prosecution."
Now, what does that mean? It means if Posada is
in the United States and if he committed a crime
in Venezuela or elsewhere, and if the United
States does not want to extradite him to
Venezuela, he has to be tried in the United States, no exceptions.
Article 8 of the International Convention for the
Repression of Terrorist Acts Committed with Bombs says the same.
If he is not extradited to Venezuela, the United
States has a legal obligation to try Luis Posada
Carriles in the United States, for the plane
bombing, for the 73 cases of homicide. This
includes the little girl Harry Paul, one of the
few bodies that were recuperated in the sea.
Anyone who would see the photos of that child and
what the bombing did to her, would not hesitate
to demand justice from the White House. That poor
child, seated in a seat next to her grandmother
and mother, was very close to where the first
bomb exploded. Her corpse had no brain, only
pieces of her abdomen remained, with no intestines, no heart, nothing.
Q: Many activists were in front of the court
during the immigration hearings for Posada last
year. We mounted a wall in front of the court to
show Posada's victims, which received a lot of
press coverage. We reached the public through
television to tell the truth about Posada's
crimes, something that the prosecutor did not do
inside the Court. What would you suggest we do to continue this struggle?
A: Continue with those types of actions. The
people have to protest, their voices should be
heard. It is important to write letters to the
editors, to pressure the media. The news
bewilders people with such unimportant
stories-whether Britney Spears really shaved her
head or if an astronaut put on diapers in order
to kill a woman who allegedly took her boyfriend.
They treat the people of the U.S. like idiots, in
order to avoid covering the true scandals, the
real scandal of the U.S. government keeping five
anti-terrorist fighters in prison while
sheltering the Osama Bin Laden of Latin America for decades.
Gloria La Riva is the coordinator of the National
Committee to Free the Cuban Five.
For more information: <http://www.www.freethefive.org/>www.freethefive.org
The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org
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