A Message from Gerardo Hernández on the tenth anniversary of the unjust imprisonment of the Cuban Five

Dear compañeras and compañeros:

We arrive at the 10th anniversary of the arrest of the Cuban Five at a crucial moment of our legal process (That is what they call it, although perhaps “illegal process” would be more appropriate.) The 11th Circuit Court of Appeals, based in Atlanta, has just ended our appeal.

That is to say, if it were up to them, things would stand as is, and some day my bones would be sent to Cuba, after death frees me from two life sentences.

The court in question has given unmistakable signals of the type of “justice” that the Five can aspire to in this country. When there was a decision 3-to-0 in our favor, with 93 pages of solid arguments in which the three-judge panel characterized our trial as “The Perfect Storm,” the full panel, against all predictions, not only agreed to review the decision, but reversed it without much explanation. The “perfect storm” quickly became simply a drizzle.

Yet, this time, when the decision was 2-1 against the Five, with obvious legal errors, with a judge arguing in 16 pages that the prosecution presented absolutely no proof that sustains the charge of conspiracy to commit murder, and with a judge who—although voting against us—recognized that it is a “very close case,” and with several defense arguments were not even seriously analyzed, the 11th Circuit categorically refused to review it.

As we say in Cuba: “Not even water is as clear.” We have said time and again that this is a political case, and those who do not see it as such, choose not to see it.

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