Wednesday, May 27, 2009


ONLY NOT IN AMERIKKA. The land of thr free?

As a former practicing attorney, now a Professor activist and Nurse, it is amazing how amerikkka needs constant reminding when it has violated its own laws. Case in point.

i've recently spent a total of 44 days in Cuba, since May and the day after President "Silver tongue" Obama gave Cubans,living in the US legally the right to return. While in my country on the first visit in over two yrs , i discovered that the case of The Cuban Five is one which whenever, or wherever the subject arises and is spoken about, generates sadness, anger and near hysteria.

However, people who are not Cubans, and perhaps even a few Cubans don't not know of our five citizens who have been literally railroaded to prison by the Bush Adm in order to put presssure on the Cuban Gov to release thier own law breakers?

All of this was done while the US refused to hold Luis Posada Carilles, the man who admitted that he bombed the airline carrying Cubans and others to thier deaths.
The Bush Adm refused to return Carriles, to Cuban authorities to answer for his crimes, but instead paid off the Governments of several nations including Cuba for those loss of lives.

The passenger list included representatives from a number of different countries
All 48 passengers and 25 crew aboard the plane died: 57 Cubans, 11 Guyanese, and five North Koreans.
Among the dead were all 24 members of the 1975 national Cuban Fencing team that had just won all the gold medals in the Central American and Caribbean Championship; many were teenagers. All of this was done under the watch of George W. Bushwacker.

My reason for getting into this subject are many however, the most important one is that we as Cubans keep our eyes on the story below of the Cuban Five as well as the familar forked tongue of the US Gov including Pres. Obama.
Our children should be told of this injustice, and we as adults would be wise to do a bit of research about the history of the USA.

The story that many have been taught from the fourth grade is that amerikkka came into being because of a search for FREEDOM, and so called RELIGIOUS TOLERANCE". However, after years of making sure that the rights of all people were recognized in amerikkka i have long ago changed my belief.

Prior to 2009 the US had an elected president who for 8 years managed with very little attention paid, to usurp the consitution, invade two sovereign nations, one for its oil and the other for revenge. amerikkkns were led to war by fears of another 9/11, while Bush and his cohorts Donald Rumfeldt, Dick Cheney, Colin Powell, and Condomwearing Rice sat back and watched a near illiterate cowboy from Texas, make a a mockery of freedom while labeling all people with black/ brown skin, or head coverings terrorists.

President Bush, did this while agreeing to deregulate banks and other financial institutions likewise, while misforming americkkkns about the real cost of the duo wars. Bush,lied about WMD's and now the clean up crew has inherited an economy that is shot, has a young African President, with more on his plate than any President since Fidel Castro,and Rossevelt and a american public that is pulling at him from all sides.

Now, i am not a total fan on the President, and i do not dislike anything about him personally, other than his policies and the fact that he is making strange bedfellows with some of the same people who kept Bush in office for 8 yrs of terror.
Again, while i will admit that while his plate is full, i refuse to allow him to leave his job half done. This Pres, hopefully has read the book Veins of Latin America which was given to him by Pres Chavez.

The case of the five Cuban antiterrorist fighters unjustly imprisoned in the United States has gathered people from around the world who are calling on the US Supreme Court to review the rigged judicial process levied against these men.

A group of Japanese lawyers and institutions are among the growing number of people and organizations to sign 12 Amicus Curiae presented on March 6 by the defence lawyers of Gerardo Hernández, René González, Antonio Guerrero, Fernando González and Ramón Labañino —known as the Cuban Five.
Japanese lawyer and former legislator Osamu Yatabe explained to JR how in a short period of time several Japanese legal and human rights organizations got together to sign the Amicus Curiae.

I found that in an interview via email, Yatabe said that he first learned about the Cuban Five during a meeting with Cuban Ambassador to Japan José Fernández who detailed the case and spoke about the international struggle to bring the five men back to Cuba with their families.

The Japanese judges agreed that the case of the Cuban Five is a serious violation of human rights and decided to work on an Amicus along with other organizations,” said Yatabe.

They stated that they believed that it was essential to communicate with US professionals responsible for the case to obtain more legal information and documents,” said Yatabe who added that the defence lawyers of the Cuban Five immediately sent the requested material.

The judges presented an Amicus draft to Japanese organizations involved in human rights issues. The Lawyers Center for Social-democracy, the Japan Democratic Lawyers’ Association, the Japan Lawyers International Solidarity Association, the Foundation from Human Rights in Asia, and the Japan Civil Liberties Union. The judges gained the support of members of these organizations, law professors, and practicing lawyers and politicians, who have had a lot to do with peace and human rights issues.

All in all,the law men gathered more than 50 people who have actively worked with these issues. This is the first time we have all gathered together in such a quick time to work together on one case,” said Yatabe.

“Summarizing, thier belief is that human rights should be equally enjoyed by all individuals...there are no national borders when it comes to human rights. In the Cuban Five case, the right to a fair trial, which the US Constitution guarantees, was violated. We are confident that this situation should be corrected.”

There are two major aspects of the case that has been defined and it is as follows:

“The first is the violation of the right to a fair trial. The Sixth Amendment of the US Constitution provides an impartial jury and tribunal in all judicial processes, but Miami is a community where prejudice and hatred prevail and the trial was carried out by juries affected by the feelings of this community. The trial violates Article 14-1 of the International Covenant on Civil and Political Rights, which establishes that everyone shall be entitled to a fair and public hearing.

“Under the Sixth Amendment, every person has the right to receive legal assistance of counsel, but the Cuban Five had been kept in isolation cells for 17 months. They were impeded from meeting counsels for legal assistance. This violates Article 14-3 of the abovementioned Covenant.

“The second is the violation of the Fourteenth Amendment of the US Constitution, which guarantees due processes. Every defendant has the right to disclosure of evidence from the prosecutor, but the Cuban Five were not shown this evidence, under the justification that the case involved the national security of the United States, depriving them of the opportunity to defend themselves. Their right to defence was violated, and this violates the Constitution,” wrote Yatabe.

The Japanese lawyer says that beyond the human element of this case is finding out how many US and international laws have been blatantly violated during the course of this case.

“The judges also believe that the United States should also be an example of a nation that makes every effort to respect its Constitution and international covenants, and should demonstrate that it respects basic human rights and values, rather than just giving advice on the matter to the rest of the world.

Basically, the US Supreme Court should review the case of the Cuban Five and show that its legal system works well, both in the national and international context.”

In June 2009, the US Supreme Court was scheduled to announce whether it will agree to review the case of the Cuban Five. Then, we will know if the voices of Osamu Yatabe and the other 54 Japanese signatories, as well as thousands of people worldwide, were heard.

My colleagues and I have since learned that it matters not who requests a fair intervention in the case of the five..Obama is deaf.

Dr. M.G. Villamil