From the North American Foreign Relations Committee containing point of agreement about the five Cubans imprisoned in the United States of America.
HONORABLE ASSEMBLY:
The North American Foreign Relations Committee, using the faculties conferred on it in Articles 85, 94, 96 and 103 of the Organic Law of the General Congress of the Mexican United States; as well as Articles 58, 60, 65, 87, 88, 93, 94 and others relative and applicable of the Regulation for the Interior Government of the General Congress of the Mexican United States, submit for the consideration of this honorable assembly the present opinion in conformity with the following:
Antecedents
A point of agreement was approved in the plenary session of the Senate of the Republic on 28 September 2006 that the Senate Chamber would pronounce on the evaluation of the resolution by the Working Group for Arbitrary Detentions of the United Nations Human Rights Commission, relative to the detention and trial of five Cuban citizens, presented by Senator Alejandro González Yáñez, of the Parliamentary Group of the Labor Party that contains the following resolution:
Unique Article: The Senate Chamber of the Honorable Congress of the Union is pronouncing because it has made an evaluation of the resolution of the Working Group for Arbitrary Detentions of the United Nations Human Rights Commission, which determined that the detention of the five is illegal and arbitrary, for which it urged the Government of the United States to free them.
On 30 July 2008, a proposition was presented before the Permanent Committee of the LX Legislature with a point of agreement at the end of which the Congress of the Union would manifest in favor of the efforts of the Cuban State regarding respect for the human rights of five of its citizens.
On 18 September 2008, the proposal with point of agreement presented by Senator Yeidkol Polevnsky Gurwitz of the Parliamentary Group of the PRD - Democratic Revolution Party - was sent to the North American Foreign Relations Commission, concerning the five Cubans imprisoned in the United States of America, which made the following resolution:
UNIQUE: The Senators of the Democratic Revolution Party, the Labor Party and Convergence, add our voices to all those in the world demanding the immediate cessation of this enormous injustice and urge the North American Congress and the authorities of the United States of North America to put an end to the human rights violations of "The 5 anti-terrorist Cubans".
That they be submitted to a new trial outside of Miami with all guarantees of impartiality, objectivity and according to law, as recommended by the United Nations in accord with the principles expressed in the International Convention of Civil and Political Rights.
In the exposition of motives, the proposer indicates that on this September 12 it had been 10 years since these Cubans were arrested by the FBI.
It indicates that the five Cubans were found monitoring groups of Cuban exiles to prevent attacks and were accused of being unregistered agents of the Government of Cuba in the United States.
It is evident that they had no penal antecedents and had never been involved in acts of violence. Nevertheless, they were found guilty in June 2001 and since then have remained isolated in maximum security prisons. Only three of them (Ramón Labañino, Fernando Gonzalez and Antonio Guerrero) have been able to have sporadic visits, while Gerardo Hernandez and René Gonzalez have not been able to receive visits from their wives as they do not have the corresponding visas.
It affirms that the North American attorney Leonard Weinglass proved several violations of the right of defense of the 5 Cubans during the Miami judicial process, for which reason the case was presented before the Atlanta Court of Appeals.
It expressed that the Atlanta Court had fixed the limit to present appeal recourses at 7 April 2003. Nonetheless, the accused were not permitted to have access or any communication with the lawyers.
The Atlanta Court recognized that there had been errors committed which injured the rights of these persons and acceded to the appeal request. A hearing was held on 10 March 2004 at which additional information was requested and two years later, 9 August 2005, the convictions were revoked and a new trial was ordered.
It is stated that the UN Human Rights Commission Working Group for Arbitrary Detentions issued an opinion 27 May 2005 determining that the five Cubans have the right to a fair and impartial trial which was ignored by the United States government and, contrary to the resolution of the Atlanta Court ordering a new trial, the case continued in appeal.
Finally, as is explained, on 2 September 2008, the solicitations for reconsideration presented by the defense were rejected, thus ratifying the guilty verdicts.
Considerations:
On 27 May 2005, the UN Human Rights Commission Working Group for Arbitrary Detentions issued an opinion soliciting the United States Government to adopt the necessary measures to remedy the situation found in the analysis by this working group, which reached the conclusion that the deprivation of liberty of the citizens Antonio Guerrero Rodriguez, Fernando Gonzalez Llort, Gerardo Hernandez Nordelo, Ramón Labañino Salazar and René Gonzalez Sehwerert, was of an arbitrary character, classified in Category III. Category III: "When the complete or partial non-observance of the pertinent international norms set out in the Universal Declaration of Human Rights and in the pertinent international instruments accepted by the interested States regarding the right to a fair trial is of such gravity that it confers the deprivation of freedom, of any nature, an arbitrary character"
The Working Group issued the following opinion:
The deprivation of liberty of Messrs. Antonio Guerrero Rodriguez, Fernando Gonzalez Llort, Gerardo Hernandez Nordelo, Ramón Labañino Salazar and René Gonzalez Sehwerert is arbitrary, is in contravention of Article 14 of the International Convention of Civil and Political Rights and corresponds to category III of the applicable categories examined in the cases presented to the Working Group.
Having issued this opinion, the Working Group petitioned the United States Government to adopt the necessary measures to remedy this situation, conforming with the principles expressed in the International Convention of Civil and Political Rights.
The Senate of the Republic must manifest itself with respect to cases of grave violations of human rights in the world, such as the case of the five Cuban citizens who were arrested in Miami in September 1998, accused and sentenced without proof, without their guarantees respected, and without the opportunity to shelter in the protection of their country's consulate and with a defense that was not chosen by them and with which they had minimum contact impeding the adequate construction of defense and appeal arguments.
An equally serious result, according to the opinion of diverse instances, was that the judicial processes were not fair and the results were predisposed due to the perceptions of the members of the jury.
The proposition of Senator Polevnsky was requested in the name of the senators of the Parliamentary Groups of the Democratic Revolution Party, the Labor Party and Convergence, for which it did not have effect as a declaration in the name of the Senate of the Republic. This Committee considers it pertinent and opportune that the Senate of the Republic ratify this through means of a new declaration adopted since 2006.
For the considerations expressed previously, the North American Foreign Relations Committee submits to the plenary of the Senate of the Republic the following:
Point of Agreement:
First. - The Senate Chamber of the Honorable Congress of the Union is pronounce that, ten years after the arrest of the five Cubans, the United States authorities take into consideration Opinion No. 19/2005 of the United Nations Working Group of Arbitrary Detentions, according to which the detention of the five Cuban citizens is arbitrary and in contravention of the guarantees necessary for due process.
Second. - The Senate Chamber of the Honorable Congress of the Union declares in favor of the efforts of the Cuban State regarding respect for the human rights of five of its citizens.
Mexico, D. F., 7 October 2008.
North America Foreign Relations Committee
(approved the following amendment)
ADDITION TO THE DISCUSSION OF THE NORTH AMERICA FOREIGN RELATIONS COMMITTEE ABOUT THE FIVE CUBANS IMPRISONED IN THE UNITED STATES OF NORTH AMERICA
Senator President of the Board of Directors, Senators:
Senators Rosario Green Mací¬as and Yeidckol Polevnsky Gurwitz, based on Articles 124 and 125 of the Regulation for Interior Government of the General Congress of the United Mexican States, submit to your consideration the addition of a third resolution and modification for question of style of the second resolution of the opinion under discussion:
A Third Resolution is added and the Second is modified as follows:
First. The Senate Chamber of the Honorable Congress of the Union is pronounce that, ten years after the arrest of the five Cubans, the United States authorities take into consideration Opinion No. 19/2005 of the United Nations Working Group of Arbitrary Detentions, according to which the detention of the five Cuban citizens is arbitrary and in contravention of the guarantees necessary for due process.
Second. The Senate Chamber of the Honorable Congress of the Union declares in favor of the efforts of the Cuban State regarding respect for the human rights of Antonio Guerrero Rodriguez, Fernando Gonzalez Llort, Gerardo Hernandez Nordelo, Ramón Labañino Salazar and René Gonzalez Sehwerert.
Third. The Secretary of Foreign Relations is requested to send a copy of this point of agreement through diplomatic channels to the Government of the United States of North America, to the Republic of Cuba and to all such international organisms that have manifested against the violation of human rights of The Five Cuban citizens referred to in this decision.
