• THE disproportionate prison terms imposed on
the Cuban Five – Gerardo Hernandez Nordelo (2 life
terms plus 15 years), Ramón Labañino Salazar (1 life
term plus 18 years), Antonio Guerrero Rodríguez (1
life term plus 10 years), Fernando González Llort
(19 years) and Rene González Sehwerert (15 years) –
contrast sharply with those handed down in recent
years in the United States to other persons accused
of genuinely practicing espionage, sometimes to an
uncommon degree, and even to individuals linked to
violent armed acts against the United States.
Not one of them was condemned to life imprisonment;
all of them received lower sentences than the Cuban
Five, some have already served their sentences and
are at liberty, and others, convicted of espionage,
have had their charges withdrawn by the Obama
administration and have been released.
The excessive nature of the sentences of the Five
is an indication of the vengeful political
motivation of the entire legal proceedings, as are
the conditions of their incarceration, including
very serious obstacles to family visits, which have
reached the extreme of having consistently refused
visas to the wives of Gerardo and René.
But there is an even more revealing aspect
demonstrating that the intention of the U.S.
government was to shelter and protect anti-Cuban
terrorists in order to avoid their sinister plans
being discovered, thus making itself an accomplice
to and covering up their future atrocities. For the
Bush administration, this was as important, or more
so, than the disproportionate years of incarceration.
That was what the prosecution stated, vehemently and
in rather graphic terms, when asking the Court for
an additional punishment: "incapacitation".
What does that mean? In its own words, for the
government it was essential to ensure that these
five individuals, after serving their sentences,
could never again do anything that might affect the
activities of terrorists operating in Miami under
the protection of the U.S. government. In order to
guarantee that, the prosecution requested, and the
Court granted, specific provisions on each sentence,
to ensure that, after completing their entire period
of incarceration, even one and more life terms, the
defendants would be unable to do what took them to
prison.
Gerardo, Ramón and Fernando were born in Cuba and,
after completing their sentences, will immediately
be expelled from U.S. territory as undesirable
aliens. That was specifically incorporated into each
of their sentences, including that of Gerardo, who
after serving his 15 years pending after his second
life term, will immediately be deported (Transcript
of sentencing hearing before the Honorable Joan A.
Lenard, December 12, 2001, P. 93).
René and Antonio posed a particular problem.
Having been born in Chicago and Florida,
respectively, they are both U.S. citizens by birth
and cannot be forced to leave the country. That
called for more imaginative thinking and inspired
rhetoric on the part of the prosecutors, who
demonstrated plenty of both.
A more precise and candid explanation of "incapacitation"
was required.
First came René, sentenced "only" to 15 years.
The prosecution plainly expressed its grave concern
at the prospect of a still young man being released,
and once again attempting to do what he had done.
The court, conceding to the government’s concern,
added this peculiar requisite to René’s sentence:
"As a further special condition of supervised
release the defendant is prohibited from associating
with or visiting specific places where individuals
or groups such as terrorists, members of
organizations advocating violence, and organized
crime figures are known to be or frequent." (Transcript
of sentencing hearing before the Honorable Joan A.
Lenard, December 14, 2001, pages 45-46).
And then it was the turn of Antonio Guerrero, who
had already received a life sentence plus 10 years’
imprisonment. The prosecutors had to employ all the
resources of their eloquence. For the government "incapacitation"
was of paramount importance. It could not take any
chances and when Antonio faced the court on December
27, 2001, the same "special condition" previously
imposed on René was added to his sentence, word for
word.
All that took place in December 2001, just three
months after the horror of 9/11. From that fateful
day George W. Bush made himself famous by demanding
an all-out war on terrorists and anyone who gives
them any kind of help. Just one quotation from his
reiterative discourse: "Any government that supports,
protects or harbors terrorists is complicit in the
murder of the innocent and equally guilty of
terrorist crimes."
We have to take George W. Bush at his word.
P.S. In October 2011 René González will have
completed his sentence if the defense does not
succeed in getting him out beforehand. In any event
he will be on supervised release during the current
administration. Will President Obama try to "incapacitate"
him? Will René still be prohibited from doing
anything to annoy terrorists where they are "known
to be or frequent"?
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