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CUBANFI V EA report of theInternationalCommission ofInquiry into theCase of theCuban FiveThe Law SocietyLondon, UK7-8 March 2014


International Commission of Inquiry into the Case of the Cuban FiveBackgroundThis document is a report of the International Commission ofInquiry into the case of the Cuban Five which took place inLondon in March 2014.It provides an overview of the three momentous days of theCommission, including witness testimonies and associatedevents such as the concert ‘Voices for Cuba’, a parliamentarymeeting, panel discussions, art exhibition and other activities.Most importantly, it contains the Commissioners’ concludingstatement and recommendations following two days ofcompelling evidence on the work of the Five, their arrest, trialand unjust imprisonment.All events were coordinated by Voices for the Five, aninternational coalition of campaigners and high profile endorserscalling for freedom and justice for the Cuban Five.We hope that this report will be helpful to all those interested infinding out the truth about this case and will inspire you to jointhe campaign for truth, justice and freedom.Further information can be foundat www.voicesforthefive.comWho are the Cuban Five?The Cuban Five, or Miami Five as they are known in Britain,are Gerardo Hernández, Ramón Labañino, Fernando González,Antonio Guerrero and René González – five Cuban men arrestedin Miami in 1998 while attempting to stop terrorist attacksagainst the Cuban people.Since 1959, nearly 3,500 Cubans have died in attacks carried outby Miami based terrorist groups, including the 1976 bombingof a Cuban airliner which killed 73 people, and a series of hotelbombings in the 1990s. To save lives, Cuba sent these men toMiami to infiltrate and monitor the groups. The information theygathered was passed to the FBI in 1998. No action was takenagainst the terrorists, but the Five were arrested and illegally heldin solitary confinement for 17 months before their trial.An unfair trial and harsh prison sentences resulted in terms ofbetween 15 years to double life. As extra punishment, visitationrights for the wives of two of them were denied and visarequests for other family members severely restricted.Human rights organisations have condemned the unfairness ofthe trial and the treatment of the families. Amnesty Internationalhas described the treatment of the Five as “contrary both to thestandards for the humane treatment of prisoners and to a state’sobligation to protect family life.”The international campaign for freedom and justice for the Fiveis supported by world leaders, Nobel Prize winners, religious andhuman rights groups, lawyers, parliamentarians, trade unions,writers, academics, and thousands of people across the globe.Although René González and Fernando González, who had theshortest sentences, were released after serving their terms inOctober 2011 and February 2014, they did not receive justice.And the others still remain in US jails.International Commission of Inquiry into the Case of the Cuban Five


Foreword by René GonzálezForeword by René GonzálezIwelcome this report from the InternationalCommission of Inquiry into the case of the CubanFive which was held in London in March 2014.It will help to impress upon the US authorities thatlegal opinion amongst some of the world’s mostdistinguished judges considers that the only justresolution of our case is for ‘a complete pardon’ of theFive and ‘the immediate and unconditional release’ ofour three brothers remaining in prison. The successof the Commission will also play an important rolein advancing the international campaign for justice,creating ‘the jury of millions’ who will ultimatelydecide our fate.I myself was refused permission to attend theCommission as the British Government denied mea visa. However, I was there in spirit alongside mywife Olga, my daughter Irma and other members ofthe families of the Five and in one session was ableto testify via Skype, with the onerous limitationsthat involved. I know from all the reports just howfar reaching those investigations were, how detailedwere the testimonies from the witnesses and just howclosely every aspect of the case was examined by theCommissioners.I can only hope that this report will help us to achievejustice for my three brothers Ramón, Antonio andGerardo who remain in prison. I know that eventuallythe world will understand that the work of the Five wasagainst terrorism and was for peace.I thank everyone involved in the InternationalCommission and urge everyone who reads this reportto dig deep to find the truth, and if you can, please helpus now to achieve freedom and justice.¡Volverán! / They will return!René GonzálezFirst of the Cuban Five to be released,September 2014International Commission of Inquiry into the Case of the Cuban Five Page 1


Commission HighlightsCommission HighlightsOver 300 people from 27 countries filled the grand hall at theLaw Society in London for the International Commission ofInquiry. The Commission was the focal point of three intensedays of activities in London, including parliamentary meetings,receptions, panel discussions, the ‘Voices for Cuba’ concertattended by 2,000 people, an art exhibition and a closing dinner.The Commission heard from more than 20 expert witnesses,lawyers and family members giving compelling testimony aboutthe circumstances surrounding the arrests, the trial, and theimprisonment of the Five.The Commission had two main objectives. Firstly, to examineCuba’s need to rely on efforts like those undertaken by the CubanFive to defend itself against terrorist attacks, and secondly, toexamine whether the Five received a fair trial and fair post-trialtreatment. The conclusions of the commissioners would bepresented to the US government.The hearings were presided over by three internationallyrecognised legal figures: Yogesh Kumar Sabharwal, former ChiefJustice of India; Philippe Texier, former Judge of the French Courde Cassation; and Zakeria Mohammed Yacoob, former Justice ofthe Constitutional Court of South Africa. The proceedings werecoordinated by Professor Sara Chandler, Chair of the HumanRights Committee of the Law Society of England and Wales andleading UK barrister Elizabeth Woodcraft.The primary witness was due to be René González, the first ofthe Five to be released. At the final hour González received thenews that the British Government had denied him a visa to travelto the UK. He was therefore only able to present partial testimonyby Skype.Parliamentarians meetOn the eve of the Commission an historic meeting washeld at the British parliament hosted by Baroness AngelaSmith and Cathy Jamieson, Member of Parliament.Parliamentarians from Cuba, Britain and six other Europeancountries addressed the meeting which expressed itsopposition to the denial of a visa for René González.International Commission of Inquiry into the Case of the Cuban Five Page 3


Commission ProceedingsDiscussion PanelsDuring breaks in the Commission proceedings, discussionpanels of experts took place to discuss the background to thecase and the international campaign for justice for the Five.The panel on day one heard from former President of the CubanNational Assembly Ricardo Alarcón, former US Attorney GeneralRamsey Clark, and Vice-President of the European parliamentMiguel Ángel Martínez. They spoke of the history of the turbulentrelationship between Cuba and the US that ultimately led to thework of the Five and their subsequent arrest and imprisonment.When I think about Cuba and theFive, these incredible men whoseonly crime was to protect what theylove: their family, their children, theircountry, I know what they are trying toprotect them from. I have seen it. I knowexactly what my country is capable of.Alice Walker, authorA second panel featured Pulitzer prize winning authorAlice Walker; Irma González, daughter of René González;Diana Holland, Assistant General Secretary of UNITE the union;Mirta Rodríguez, mother of Antonio Guerrero of the Five andKenia Serrano, President of the Cuban Institute of Friendshipwith the Peoples (ICAP). The campaigning role of womeninternationally was discussed and the campaign for the Fivewas presented as one amongst the rich history of women’sstruggles for justice.We owe so much to the Five. Weowe them for being a symbol ofcourage, for going out to preventviolence, risking their own securityand sacrificing their relationshipwith their own families. It’simperative that internationalpressure be put on the United Statesand on President Obama to end thisinjustice by freeing the remainingmen and apologising for what hasbeen done. Send them home!Ramsey Clark,former US Attorney GeneralWhen Tony gets out of jail hemust complete another five years ofsupervised release in the United States,and we already know how cruel this wasin René’s case. René was only allowedhome during his probation when hisbrother was dying and after his father’sdeath. So I wonder whether they willkeep Tony there on probation for fiveyears, and if the judge is going to waituntil I die to let him come to Cuba.That’s hard, really very hard.Mirta Rodríguez,mother of Antonio GuerreroInternational Commission of Inquiry into the Case of the Cuban Five Page 7


International Commission of Inquiry into the Case of the Cuban FiveVoices for the Five ConcertOn the first evening of the Commission, a spectacular concert,‘Voices for Cuba’, saw an audience of 2,000 at London’sprestigious Barbican Centre welcome stars of Cuba’s famousBuena Vista Social Club, Eliades Ochoa and Omara Portuondo.As well as the wonderful music, the audience appreciated aspecial performance, drawn from amongst the most respectedand celebrated actors in the UK, who read from letters andpoems written between the Five and their families. The readingsopened with words from internationally acclaimed US writer AliceWalker and ended with an emotional speech from Irma González,daughter of René, who moved many to tears with her words.The evening ended with a rousing and impromptu rendition ofthe Cuban anthem ‘Guantanamera’ with the full house standing,dancing and singing along with Omara Portuondo who sang thewords “Volverán” and “They will return” as she left the stage.It was a truly memorable evening.Page 8 International Commission of Inquiry into the Case of the Cuban Five


Commission ProceedingsMy only comfort comeswith the hope, that perhaps,very soon, because of theeffort from the people andorganisations that have madethis concert and commissionpossible, and others sittinghere who will join them aftertonight, that my father willbe able to thank you as heasked me to do on his behalf,but personally and mostimportantly side by sidewith his four brothers,Ramón, Gerardo, Fernandoand Tony.Irma González,daughter of René GonzálezInternational Commission of Inquiry into the Case of the Cuban Five Page 9


International Commission of Inquiry into the Case of the Cuban FiveCommission Proceedings – Day TwoThe second day focused on the treatment of the Five in termsof their arrest, the conduct of the trial, detention conditionsand visiting rights and ended with a concluding report by theCommissioners.Philip Horowitz and Martin Garbus, two of the Five’s lawyersgave details of the denial of the rights to a fair trial by the USgovernment. They described the anti-Cuban hysteria whippedup in Miami, making a fair trial impossible. Garbus presenteda 558-page document to the Commissioners outlining the USgovernment’s illegal and secret payments to prominent Miamireporters who worked to condemn the Five through their highlyprejudicial coverage.Attorney Peter Schey spoke of the US government’s refusal toprovide vital satellite images of the Brothers to the Rescue planesshot down after numerous warnings on 24 February 1996. Theshooting down was falsely pinned on Gerardo Hernández and isthe reason he is serving a draconian double-life sentence.The sentencing, the compositionof the jury, the delayed chargingand arresting of these people, are allunparalleled and unique in Americanlegal history, and given the politics ofthe time, not surprising. To say that thisis one of the worst trials in Americanhistory is not an exaggeration!Martin Garbus,attorney for the FivePage 10 International Commission of Inquiry into the Case of the Cuban Five


Commission ProceedingsAmnesty International testimonyImportant evidence was given by Angela Wright, seniorresearcher at the Americas desk of the International Secretariatat Amnesty International (AI). She was principal author ofthe 2010 AI report ‘US: The case of the Cuban Five’. Wrightexplained the position of Amnesty International and the clearcase of injustice perpetrated against the Five through an unfairtrial and their subsequent treatment.The UN Human RightsCommittee (the treaty monitoringbody) has emphasised that therequirements of competency,independence and impartiality ofa tribunal – which includes all itscomponents, including the jury wherethere is one – is an absolute right thatis not subject to any exception.It is also a fundamental principleunder international law that a trialmust not only be fair but must beseen to be fair... (T)here remains inAmnesty’s view grave doubts about theimpartiality of the tribunalbefore which the defendants weretried and convicted.New evidence has emerged that castseven more doubt about the fairness ofthe trial, with information suggestingthat the US systematically paidjournalists hostile to Cuba to cover thetrial and provide prejudicial articlesin the local media asserting the guilt ofthe accused.We are aware of the urgency of thiscase after so many years without aremedy, and will continue to appealfor justice to be expedited through allappropriate means.ANGELA WRIGHT,senior researcher at AmnestyInternationalInternational Commission of Inquiry into the Case of the Cuban Five Page 11


International Commission of Inquiry into the Case of the Cuban FiveCommission Proceedings – Final SessionThe final session of the Commission heard from family membersAdriana Peréz, wife of Gerardo Hernández, and ElizabethPalmeiro, wife of Ramón Labañino. Olga Salanueva, the wife ofRené González, also gave evidence following a standing ovationwhen she entered the Law Society’s grand hall after her delayedarrival due to the visa denial for her husband.It is to be noted that the United States Ambassador to the UnitedKingdom of Great Britain and Northern Ireland was invitedto attend and testify or submit responses. The Commissionreceived his apologies. The proceedings closed with theCommissioners presenting their report which was received aseveryone in the Hall rose to their feet and applauded.One of the paintingsfrom AntonioGuerrero’s exhibition,‘I will die the way Ihave lived’Exhibition and Closing DinnerThe two days ended with 270 guests attending a closing dinnerheld at the headquarters of the British Trades Union Congress(TUC) which represents six million affiliated trade unionists.An exhibition of 15 paintings by Antonio Guerrero, entitled ‘I willdie the way I have lived’, was opened by the Cuban Ambassador,Her Excellency Esther Armenteros, and Mirta Rodríguez.René Gonzálezsends a videomessage to theClosing DinnerMy legal case is now officiallyclosed, but the uphill battle toafford justice to my brothers isstill on. We can’t allow ourselvesto pay the price of Gerardodying in prison for a crime eventhe prosecutors know he didn’tcommit. We count on you to putan end to this tragedy, derivedfrom the most sordid andimmoral instincts some humanbeings can harbour. Humanityshould be more than that.René GonzálezPage 12 International Commission of Inquiry into the Case of the Cuban Five


Commission ProceedingsRamón and his four brothers stayedin isolation cells for 17 months and wewere more than 27 months withoutcommunication: no letters, no phonecalls, and no visits at all. During thistime, I tried to continue my life asnormally as possible. I took care ofmy daughters, keeping in mind thatsome day Ramón would contact us.I had to stand strong for us andfor him.Elizabeth Palmeiro,wife of Ramón LabañinoI don’t pretend that there aren’tmoments of sadness, nostalgia, andhomesickness, but Gerardo has assuredme that everything we’ve experienced willbe reversed for a better future, in the formof a permanent union with my husband,partner and friend, which we will enjoy asthough the time was never chopped down.Every morning when I wake up I shakemyself and say, Today I have no time tospend on nostalgia or sadness. I only havetime to fight for his final return.Adriana Pérez,wife of Gerardo HernándezFull transcripts of all of thetestimonies can be accessed atwww.voicesforthefive.comInternational Commission of Inquiry into the Case of the Cuban Five Page 13


International Commission of Inquiry into the Case of the Cuban FiveCommissioners’ ReportKey findingsnnnWe would urge President Barack Obama to pardoncompletely all these five persons and to releaseimmediately and unconditionally the three persons whocontinue to languish in prison in the United States.No conduct of any of these persons was aimed at theUnited States of America or its Government.The granting of unconditional Presidential pardons hasthe real potential to achieve effective justice for theFive and to contribute substantially to the normalisationof relations between the United States and Cuba andrepresent a meaningful stride towards world justice andworld peace.Concluding Report of theCommissioners from the two dayInternational Commission of Inquiryinto the case of the Cuban FiveIt is appropriate that these preliminary thoughts on this hearing,a hearing that could make some contribution to the realisation ofthe human rights in general and the fair trial rights in particular,of five Cuban human beings be placed in the public domain now.All these persons are Cuban nationals. Mr Gerardo HernándezNordelo, Mr Ramón Labañino Salazar, Mr Antonio GuerreroRodríguez, Mr Fernando González Llort, and Mr René Gonzálezwere all convicted in the United States of America during 2001of certain state security related offences. Mr Hernández was, inaddition, convicted of a conspiracy to commit murder.Page 14 International Commission of Inquiry into the Case of the Cuban Five


Commissioners’ ReportWe plead fervently that the course of action suggested by usabove be adopted for the reasons that follow:1. There are serious concerns about whether any of thesepeople have had the full benefit of the fundamental humanright to a fair and speedy trial before an independent andimpartial tribunal or Court, recognized universally in theInternational Covenant on Civil and Political Rights asratified by the United States of America.These material concerns emerge in the light of facts like:a. all five Cuban Nationals were placed in solitaryconfinement for about seventeen months before the trialbegan;b. none of them have had sufficient access to documentsrelevant to the trial and necessary for the adequatepreparation of a defence;c. the opportunity to consult with their legal representativeswas, in all the circumstances, less than sufficient;d. the trial was held in a part of Miami, Florida where,according to three respected judges of the Eleventh Circuitof the United States Court of Appeals, a fair trial could notbe guaranteed;e. serious allegations have been made that the UnitedStates Government paid the media to ensure prejudicialpublicity against these persons both before and duringthe trial;f. these five human beings were certain of their fate onlyeight years after the trial in the District Court had beenconcluded.2. According to all the judgements not one of these personseither committed or intended to commit any act of violence.3. No conduct of any of these persons was aimed at the UnitedStates of America or its Government. The Cuban Fivegathered information aimed at preventing privately-inspiredviolence and other anti-Cuban action emanating from UnitedStates soil.4. The perception of the Cuban Five, indeed their firm belief,that the United States Government was not doing enough tostem violent anti-Cuban action from United States soil.5. There is no doubt at all that hundreds of compatriots andcountrymen who were ordinary citizens of Cuba have diedin unacceptably horrendous circumstances as a result ofthe actions of Cubans opposed to the Castro government inCuba from United States soil. The families of the deceasedwould have suffered immeasurably.6. Two of the members of this group of persons have alreadyserved their full sentences, and there can be no prejudice inpardoning them now.7. The other three persons have, in any event, already servedinordinately long periods of imprisonment in all the relevantcircumstances summarised in this statement.8. The families of these people have undergone tremendoussuffering and hardship in consequence of the internmentof their loved ones, and it can be said without any fear ofcontradiction that enough is enough.9. None of these persons acted out of malice or any kind ofill-will towards the United States or its Government, people,or policies: each of them was carrying out the instructionsof their government.10. Private anti-Cuban aggression from American soil is quiteimpossible to be justified from any viewpoint.11. It is urged that the normalisation of relations between Cubaand the United States is a laudable and achievable goal, inthe interests of both the United States of America and theRepublic of Cuba, and that the generous grant of pardons bythe President of the United States of America to the peoplewho have been described as the Cuban Five will contributeimmeasurably to the achievement of this vitally importantpurpose.12. The President of the United States is also respectfullyinformed of the prevailing reasonable view that it isimportant to signal that the achievement of fairness andjustice is not the preserve of the judiciary alone of anycountry, but, ultimately, a vital political responsibility thatmust be embraced when the moment comes.13. It is suggested, with the greatest respect, that the grantingof these pardons will have a significant impact on worldjustice and world peace. In summary, the granting ofunconditional Presidential pardons to the members of theCuban Five has the real potential to achieve effective justicefor the five human beings who have been the concern of thisenquiry, to demonstrate the adherence of the President ofthe United States of America and its Government today touniversally accepted norms of morality, fairness and justice,contribute substantially to the normalization of relationsbetween the United States and Cuba and to represent ameaningful stride towards world justice and world peace.Having heard two full days of compelling evidence, wewould urge the President of the United States of America,President Barack Obama, to pardon completely all thesefive persons and to release immediately and unconditionallythe three persons who continue to languish in prison in theUnited States.Signed by CommissionersYogesh Kumar Sabharwal, India, former Chief JusticePhilippe Texier, France, former Judge Cour de CassationZakeria Mohammed Yacoob, South Africa, former Justice of theConstitutional CourtInternational Commission of Inquiry into the Case of the Cuban Five Page 15


International Commission of Inquiry into the Case of the Cuban FiveThe case of the FiveIn September 1998, five Cuban men were arrested in Miamiand charged with conspiracy to commit espionage. No chargeof actual espionage was ever brought against them. Sevenmonths after their arrest and before their trial, a new chargeof conspiracy to commit murder was added against GerardoHernández.Their actual mission in the US was to monitor the activities ofFlorida-based groups responsible for terrorist attacks againstCuba which had killed 3,478 and injured 2,099 people since 1959.Following their arrest they were placed in solitary confinementfor the entire 17 months of their pre-trial custody.In spite of the vigorous objections raised by their defence, thecase was tried in Miami, Florida, a community with a long historyof hostility toward the Cuban government and where, it wasargued, it would prevent them from receiving a fair trial.Shortly before the jury was due to discuss their verdict, thegovernment prosecution admitted that it had failed to provethe conspiracy to commit murder charge against Gerardo.However, the five were still found guilty of all charges andreceived unprecedented maximum sentences. They werethe first people ever to be sentenced to life imprisonmentfor espionage in the United States in a case where no secretdocument was ever produced.As of March 28, 2012, Gerardo Hernández, Antonio Guerrero andRamón Labañino have all filed Habeas Corpus appeals now thatthe process of direct appeal has been exhausted. In addition tocontesting the ‘murder conspiracy’ charge in the case of GerardoHernández, the appeals include new evidence of US governmentmisconduct in its extensive operation of payments to Miamijournalists while they covered the prosecution of the Five in aharmful and biased manner. They are still waiting to hear thejudge’s decision.Gerardo Hernández Two life terms plus 15 yearsRamón Labañino 30 yearsAntonio Guerrero 21 years and 10 monthsFernando González 17 years and 9 monthsRené González 15 yearsFull details of their casecan be found atwww.voicesforthefive.comAppealsAfter appeal, their sentences were overturned in 2005 on thegrounds that they could not have received a fair trial in Miami.However, a further prosecution appeal on behalf of the USgovernment saw this decision revoked.In the same year, the United Nations Working Group on ArbitraryDetention concluded that the Five’s imprisonment was arbitraryand urged the US government to rectify the situation.A later appeal saw the sentences of Antonio Guerrero, FernandoGonzález and Ramón Labañino reduced from life and a furtherrecognition by the Court of Appeals that no secret or nationaldefence information had been obtained or transmitted by the Five.In 2009, despite receiving international support and the largestnumber of amicus briefs ever to have urged for a review of acriminal conviction, the US Supreme Court decided, withoutexplanation, not to review the case of the Five.In October 2011, René González became the first of the CubanFive to be released, after serving 13 years of imprisonment.In May 2013, after having been forced to remain in the USfor 18 months under supervised release, the judge gave himpermission to return to Cuba. In February 2014 FernandoGonzález was released from prison and returned home to Cubaafter serving his entire sentence.On 24 February 1996, after manymonths of warnings, after dozens ofarmed and terror provocations, theCuban Air Force interrupted the flightof three small planes; two were shotdown over Cuban territory. Gerardo hadnothing to do with that incident. He wasnot a pilot in the Cuban Air Force, hewas not a military leader, and he was notan air traffic controller. Besides, Cubadidn’t need him to do that. Because ourauthorities get that information manytimes every day directly from theFederal Aviation Administration or theair traffic control in Miami. Every day,day and night.Ricardo Alarcón, former President ofthe Cuban National AssemblyPage 16 International Commission of Inquiry into the Case of the Cuban Five


Voices for the FiveVoices for the FiveVoices for the Five is an international coalition of campaigners,solidarity groups, legal professionals, human rightsorganisations, politicians, trade unions and internationalpersonalities, fighting for freedom and justice for the Cuban Five(or Miami Five as they are known in Britain).Working to raise international awareness and indignation at theinjustice of this case, these voices came together in March 2014for the International Commission of Inquiry into the case of theCuban Five.www.voicesforthefive.com is the international onlinecampaigning hub for justice and freedom for the Five until all arefree and returned to their families in Cuba.Please help us by joiningthe campaign for justice forthe Five today.Add your voice alongsidethousands of others atwww.voicesforthefive.com/upload/In the courts we know we willnever find justice. This is a politicalcase. But we trust in the power ofsolidarity. Only a jury of one millionpeople, people like you, can bringjustice to these men.Elizabeth Palmeiro,wife of Ramón LabañinoDonate atwww.voicesforthefive.com/donate/Follow us on twitter@voices4the5Voices for the Fivec/o Cuba Solidarity CampaignUnite, 33-37 Moreland St,London EC1V 8BBTel: 020 7490 5715Email: voicesforthefive@gmail.comFull details of their case can be found at www.voicesforthefive.comInternational Commission of Inquiry into the Case of the Cuban Five Page 17


Endorsers / Personalidades adherentesThe Commission of Inquiry gratefully received the support ofover 200 highly respected personalities from all sectors ofsociety and from many countries throughout the world.La Comisión de Investigación agradece el apoyo obtenido demás de 200 altamente distinguidas personalidades de todoslos ámbitos de la sociedad, provenientes de muchos paísesdel mundo.PARLIAMENTARIANS and POLITICIANS /PARLAMENTARIOS y POLITICOSRicardo Alarcón, former President, National Assembly, CubaGerry Adams, President, Sinn Fein, IrelandDamián Alegría, member Legislative Asssembly, El SalvadorMaximilien Arvelaiz, diplomat, VenezuelaDennis Banks, co-founder, American Indian MovementTony Benn, former government minister, UKTorbjörn Björlund, member of Parliament, SwedenSfia Bouarfa, member Brussels Parliament, BelgiumNessa Childers, member European Parliament, IrelandEmer Costello, member European Parliament, IrelandCeline Delforge, member Brussels Parliament, BelgiumKurt De Loor, member Flemish Parliament, BelgiumMiguel d’Escoto Brockmann, former Foreign Minister,NicaraguaWouter De Vriendt, member of Parliament, BelgiumMaritza Espinales, member National Assembly, NicaraguaZoé Genot, member of Parliament, BelgiumLeonid Kalashnikov, member State Duma, Russian FederationAmineh Kakavabeh, member of Parliament, SwedenJan Lindholm, member of Parliament, SwedenMiguel Ángel Martínez, Vice President European Parliament,SpainPeter Mertens, chair of Workers Party of BelgiumEugene McCartan, Communist Party, IrelandFinian McGrath, member of Parliament, IrelandMartin McGuinness, member of Legislative Assembly, north ofIrelandCynthia McKinney, politician and activist, USAMaureen O’Sullivan, member of Parliament, IrelandAdolfo Pérez Esquival, Nobel Prize, ArgentinaThage G. Peterson, former speaker of Parliament, SwedenSamuel Pinheiro Guimarães, former Vice Minister of ForeignAffairs, BrazilYeidckol Polvensky Gurwitz, former Vice President of Senate,MexicoThomas Pringle, member of Parliament, IrelandAlexander Romanovich, member State Duma, RussianFederationKenia Serrano, President ICAP, CubaBaroness Angela Smith, House of Lords, UKBart Staes, member European Parliament, BelgiumValentina Tereshkova, member State Duma, Russian FederationDirk Van der Maelen, member of Parliament, BelgiumGianni Vattimo, member European Parliament, ItalyMEDIA, PUBLISHERS /MEDIOS, EDITORESFrank Connolly, IrelandAndres Gómez, USARichard Gott, UKStephen Kimber, CanadaMax Lesnik, USAJosef Mampuys, BelgiumHugh O’Shaughnessy, UKHernando Calvo Ospina, ColumbiaJohn Pilger, AustraliaIgnacio Ramonet, FranceColin Robinson, USACindy Sheehan, USAFrank Stappaerts, BelgiumMary Alice Waters, USAARTS, FASHION, MUSIC, and SPORTS /ARTES, MODA, MÚSICA y DEPORTESProfessor Dawn Ades CBE, arts, UKRasheed Araeen, artist, PakistanRolf Becker, actor, GermanySteve Bell, cartoonist, UKDr. Ross Birrell, artist, ScotlandGilbert Brownstone, arts, USAPeter Capaldi, actor, UKJulie Christie, actor, UKCaryl Churchill, playwright, UKProfessor Annie Coombes, arts, UKApril de Angelis, playwright, UKAndy de la Tour, actor, UKJoke Devynck, actor, BelgiumElyse Dodgson, theatre, UKMighty Gabby, musician, BarbadosEtienne Glaser, actor, SwedenNadine Gordimer, Nobel Prize, writer, South AfricaTony Graham, theatre, UKLena Granhagen, actor, SwedenGünter Grass, Nobel Prize, writer, GermanyDavid Harding OBE, artist, ScotlandSir David Hare, playwright, UKDann Hugaert, actor, BelgiumPaterson Joseph, actor, UKJohn Keane, artist, UKJohn Le Carré, writer, UKChris Lomme, actor, BelgiumRoger Lloyd Pack, actor, UKKim Longinotto, film, UKPhil Manzanera, musician, UKJehane Markham, poet, UKFernando Morais, writer, BrazilNancy Morejón, writer, CubaJim Nolan, theatre, IrelandJohan Notte, arts, BelgiumMaxine Peake, actor, UKJonathan Pryce CBE, actor, UKKevin Sinfield, sports, EnglandEmma Thompson, actor, UKWilliam ‘Willie’ Toledo, actor, SpainDick Tuypens, actor, BelgiumLudo Vandeau, musician, BelgiumAlice Walker, writer, USADame Vivienne Westwood, fashion, UKSusan Wooldridge, actor, UKLEGAL and HUMAN RIGHTS /Derechos Humanos y legalesRafael Anglada-López, Puerto RicoStephen Cavalier, UKLouise Christian, UKRamsey Clark, USASteve Cottingham, UKGiustino di Celmo, ItalyPierre Galand, BelgiumMartin Garbus, USALord Anthony Gifford QC, UKSir John Hendy QC, UKBaroness Helena Kennedy QC, UKKenneth Lewis, SwedenMichael Mansfield QC, UKFabio Marcelli, ItalyClaudia House Morcom, USAPaul O’Connor, N. IrelandProfessor Norman Paech, GermanyJosé Pertierra, USAVanessa Ramos, USAGraciela Rosenblum, ArgentinaPeter Schey, USAWayne Smith, USABeinusz Szmukler, ArgentinaGaston Vogel, LuxembourgJean Ziegler, SwitzerlandINTERFAITH COMMUNITY /COMUNIDADES INTERRELIGIOSASFrei Betto, BrazilFather Michael Lapsley, South AfricaMonsignor A.-J. Leonard, Archbishop of BelgiumJon Sobrino, El SalvadorLord Rowan Williams, former Archbishop of CanterburyTRADE UNIONS / SINDICATOSDavid Begg, Irish Congress of Trade UnionsChristine Blower, National Union of Teachers, UKBob Crow, National Union of Rail, Maritime andTransport Workers, UKJohn Douglas, Irish Congress of Trade UnionsJohn Hannett, Union of Shop, Distributive and AlliedWorkers Union, UKBilly Hayes, Communication Workers Union, UKJimmy Kelly, Unite the union, IrelandLen McCluskey, Unite the union, UKRita Martufi, World Federation of Trade Unionsrepresentative to UN, ItalyDr. Jack McGinley, Services, Industrial, Professional andTechnical Union, IrelandSteve Murphy, Union of Construction, Allied Trades andTechnicians, UKDoug Nicholls, General Federation of Trade Unions, UKCormac Ó Dálaigh, Communication Workers of IrelandFrances O’Grady, Trade Union Congress, UKDave Prentis, UNISON, UKJohn Smith, Musicians Union, UKJack O’Connor, Services, Industrial, Professional andTechnical Union, IrelandTuur Vanempten, Christian Labour Movement, BelgiumEddy Van Lancker, ABVV, General Federation ofBelgium LabourTony Woodley, Unite the union, UKACADEMICS, FOUNDATIONS,CAMPAIGNS / ACADÉMICOS,FUNDACIONES, CAMPAÑASArnold August, CanadaWilliam Blum, USAProfessor Bricmont, BelgiumMariela Castro, CubaNoam Chomsky, USProfessor Gary Craig, UKAngela Davis, USAProfessor Jan Dumolyn, BelgiumTerry Eagleton, UKJane Franklin, USARaul Garces, CubaLindsey German, UKDr. David Hickey, IrelandErnesto Laclau, ArgentinaSalim Lamrani, FranceMairead Maguire, Nobel Prize, N. IrelandAlexander Main, USAMike Marqusee, UKProfessor Juan Carlos Monedero, SpainNurit Peled-Elhanan, IsraelJames Petras, USAEmir Sader, ArgentinaPeter Tatchell, UKMichael Vanhoorne, BelgiumProfessor Luciano Vasapollo, ItalyChris von Christierson, UKProfessor Roger Willemson, GermanyFederico Mayor Zaragoza, SpainInternational Commission of Inquiry into the Case of the Cuban Five / Comisión Internacional de Investigación sobre el caso de los Cinco Cubanos


Our enemy has proven to do poorlyin maths. He has tried for manyyears to divide, to divide and divide.And what he has accomplished isto multiply. He has tried to dividefamilies; he has tried to divide apeople. Today by denying a visa toRené he is trying to separate him fromyou, but the result is the opposite.We’re no longer the single family thatreceived bad news in 1990. We arefive families united with all of you whoare now beyond being our friends,the solidarity movement with Cuba,thus becoming our family. And sincea family never leaves its children, weare confident that we are going tobring them all back homeOlga Salanueva,the wife of René GonzálezNuestro enemigo se hacomprobado que simplemente nosabe matemáticas. Se ha esforzadodurante muchísimos años en dividir,en dividir y en dividir. Y lo que hahecho es multiplicar. Ha tratadode dividir a las familias, ha tratadode dividir a un pueblo. Hoy le estánegando la visa a René para tratarde dividirlo de ustedes, y lo que hahecho es multiplicarnos. Ya no somosuna familia que en 1990 recibió lanoticia, somos cinco familias que seunen a todos ustedes que dejan de sernuestros amigos, los solidariosde Cuba, para ser nuestra familia.Y como una familia nunca abandonasus hijos, estamos seguros que vamosa traerlos a todosInternational Commission of Inquiry into the Case of the Cuban Five / Comisión Internacional de Investigación sobre el caso de los Cinco Cubanos


Sponsors, donors and volunteers /Patrocinadores, donantes y voluntariosThe Commission of Inquiry is grateful to all thoseorganisations and individuals who supported, donated andvolunteered to help make the event an outstanding successLa Comisión de Investigación agradece a todas aquellasorganizaciones y personas que respaldaron, entregarondonaciones y realizaron trabajo voluntario para lograr que elevento tuviera un gran éxito.Organisations/OrganizacionesABVV (Socialist Union), BelgiumAmigos de Cuba de Lleida, SpainAsociacion De Amistad Checo-Cubano, Czech RepublicAsociacion Suiza-Cuba, SwitzerlandAsociacion Cuba-Suiza de Berne, SwitzerlandAssociated Society of Locomotive Engineers and Firemen(ASLEF), UKAssociation France Cuba, FranceAssociazione Nazionale di Amicizia Italia-Cuba, ItalyBarry Amiel & Norman Melburn Trust, UKCasal de Amistat en Cuba de BadaloCDR – Austria, ‘Antonio Maceo’, AustriaChristenen voor het socialisme, BelgiumChristenen voor het socialisme – Cuba werkgroep, BelgiumCommunist Party, South Yorkshire, UKCuba Solidarity Campaign (CSC), UKCSC Local groups: Brighton, Cymru Cuba North Wales,Derby, Leicester, Manchester, Merseyside, North London,Nottingham, Oxford, Sheffield, South London, UKCuba Support Group Belfast and Ireland, IrelandCommunication Workers Union (CWU), UKCWU Branches: Birmingham, Black Country &Worcestershire, London Postal Engineering, NorthernIreland Telecom, UKDanish-Cuban Association, DenmarkDocwerkers, BelgiumDefensem Cuba, Casal Rubi, Barcelona, SpainDefensem Cuba, SpainDKP, GermanyEAD Solicitors LLP, UKEl Casa Amistat Catala – Cuba di Barcelona, SpainFree the Cuban 5 Campaign, IrelandFree the Cuban Five Committee, Vancouver, CanadaGarden Court Chambers London, UKGeneral Federation of Trade Unions (GFTU), UKGeneral, Municipal, Boilermakers and Allied Trade Union(GMB) Regions: Birmingham and West Midlands, Scotland,Southern. Branches: Holborn, Milton Keynes City, UniteM23, Birmingham General, UKGreek-Cuban Friendship and Solidarity Association, GreeceIndian Workers Association, UKIniciativa Cuba Socialista (ISC), BelgiumISC Local groups: Antwerpen, Gent,Heist-op-den-berg, BelgiumInternational Association of Democratic LawyersInternational Committee to Free the Five, USAKen Gill Memorial Fund, UKKomitee-Austria Free the Five, AustriaLipman-Milliband Trust, UKMusicians Union (MU), UKNational Association of Probation Officers (NAPO), UKNetzwerk-Cuba, GermanyNorthern Ireland Public Service Alliance – NIPSA, UKNational Union of Teachers (NUT), UKNUT Branches: Islington, Merton, Newham,Wolverhampton, UKOH Parsons Solicitors, UKÖKG, AustriaRail, Maritime and Transport Workers (RMT), UKRMT Regions: Scotland Regional Council, UKServices Industrial Professional and Technical Union (SIPTU),IrelandSoli Cub E.V, GermanySwedish-Cuban Friendship Association, SwedenSwedish Free the Five Committee, SwedenThird World Health Aid, BelgiumThompsons Solicitors, UKTrades Union Councils: Chelmsford, Norwich & District, UKTrades Union Congress North West Regional Council(NWTUC), UKTreballem per Cuba, SpainUnion of Construction, Allied Trades and Technicians(UCATT), UK(UCATT), Branches: Crawley, UKUnion of Shop, Distributive and Allied Workers National(USDAW), UKUnison, UKUnison Regions: Greater London, UKUnison Branches: Aberdeenshire, Bradford, Dorset 10293,Ealing, Essex Police, Falkirk Council, Glasgow Housing,,Hammersmith & Fulham, Knowsley, Leeds, Mid YorkshireHealth 206710, Norfolk County, Staffordshire, StockportNW, University of Westminster, UKUnite the Union, UKUnite Regions: East Midlands, Ireland, London and Eastern,North East, Yorkshire & Humberside, North West, Scotland,South East, South West, Wales, West Midlands, UKUnite Branches: 0754, 1/1228, Bebington NW/0096,Belfast South 0303, Bolton NW 0121, Brighton SE 6246,Cambridge Medical 369, Cannock WM 6141, CardinalHealth 6/355, Central Office, Clerkenwell & St Pancras,Crawley SE/6227, Dartford, Dartford & North KentSE/6248, First Mainline 302/25, Hartlepool 2 NE/1907,Hull NE/GEO/25, IR 360, Kent GPM, LE/0001, LE/230,LE/1906, LE/684, London NW 9708, Luton Auto,Manchester & Salford 0515, Manchester Central 0604,Merseyside & Cheshire 0159M, NE 408/26, NE/22/GEO,NI71, NW 0056, NW 1400/5, NW 63, NW 64, ScottishProfessional Executive Staffordshire, SE/6144, SE/6248,Dartford & North Kent, Sheffield NE/GEO/1, SheffieldWest GE/02, South West 8006, Sudbury LE979, TeesideGeographical NE/GEO/23, Tyneside EEES, West Midlands6050, WM 6030 Birmingham, WM 7685, WM 7686, YeovilSW/8007, UKVancouver Communities in Solidarity with Cuba, CanadavriEnden van Cuba / Amis de Cuba, BelgiumWorker to Worker, Canada-Cuba Labour Solidarity, CanadaWorkers’ Music Association, UKWorld Circuit, UKIndividuals / PersonasA Emmanuelle Adidi, Paul Adriaanse, Stephen Allen, RomeroAlvarenga, Kevin Amis, Freddy Apers, Richard AuberyB Steve Ballard, Rod Barrett, Marie Barry, Chris Bartter,Ivan Beavis, Beert-Caljon, Myra Berg, David P Betchley,William Bohen, Zoe Plochet Bonne, Dorothy & NigelBraithwaite, J D Brickwood, Elizabeth Briemberg,Patricia BuyleC Ria Cabus, Jan Caris, Erwin Carpentier, Maisie Carter,Michael Chambers, Imti & Mary Choonara, Kate Clark,Paula J Clarke, Dr Helen Colley, Mrs M D Condon, RichardCote, Tom Coughlan, David Credland, Leonardo CruzD Anne Danhieux, Leen Danhieux, Toon Danhieux, Danhieux– De Clercq, Peter Dean, L De Baecke, Peter De Groote,Katrien Demuynck, Christiane De Schrijver, Erik De Smedt,De Vos-Vanderstruijf, Jan De Wachter, De Winter,Jean Pierre D’Hulster, Carla Diego, Etienne Dierick,Andrea Duffour, Jim DyeE Catherine Eden, Winnie Eldrup, James Ennis,Dave Esbester, Gwyn Evans, Christiane EvrardF Peter Farrell, Stephen FawcettG Hellen Merete Gade, Robert Garven, Patrick Gavigan,Frances Gourday, Tony Graham, Albert Grant,Gyselings-DeprezH M Haentjens, Haeve-Decoodt, Dr Rupert Halliday,Gail Harper, Kevin Harris, Jon Heal, Robert Heritage,Koen Hessens, Alison Hogg, Stuart HyslopJ Cathy JacobsK Richard Kane, Roisin Kane, Doreen Kean, Ken Keable,Dr Kelly, A KerckhoveL Samuel Lievens-Lauwers, Mike Le Cornu, PhilippeLooverie, W R LowreyM Maehoudt-De Plae, Dirk Martijn, Patricia Matthews,Ivo Mattys, Robert McCafferty, Ciaran McGeough,Elinor McKenzie, Michael McPadden, Etienne Megroedt,Maria Milagra, Miller Family, Sille Moens, Toon Mondelaers,Albert MurawskiN Thys Naessens, Thomas Napier, Jenny Newton,Raymond Newton, Doug NichollsO Brigitte Oftner, Graham Ogden, Anne O’Leary, P OraweP Miriam Palacios-Callender, Ben Parker, Russell Partridge,Lodewijk Pelleman, Timothy Perceval, Martin Perfect,Mr & Mrs Plant, Stefan Potums, Ivano Prat, Cecile RapolR Maurice Rennie, Joseph Richards, Thomas Riggins,Don Robertson, Sophie Robinson –Tillett, Ingrid Roeland,Frank Roels, Jasper Rommel, Jacqueline Roussie,Egont RuelensS Anne Schuman, Martin Schwander, Errol Sharpe,Andrew & Gina Siddons, David Slater, Smets-De Doncker,Colin Smith, Nigel Smith, Robert J Smith, Horst Smok,Mr & Mrs Smyth, Sean Smyth, Prof. Dr. Richard Sorg,Herman Struyf, Maria TackxT Robin Talbot, Ian Taylor, Susan Toole, Hilde Toussen, TrevorTucker, Maureen Tullett, Evelyn & John Turk, Tim TurnerU Annemie UyttendaeleV Godelieve Van Assche, André Van Boxstael, Ary Van denBroek, Van Duppen-Seuntjes, Van den Bosch – Buys,Van Eeckhoute – De Ruyter, Magdda Van Hove, Tijs VanHoyweghen, Franki Van Moerkerke, Vancoillie – Vandaele,Elza Vandelaer, Anne Vandewalle, Christine Vandewalle,Francoise Vandewalle, Martine Vandewalle, Vandewalle-Dhondt, Vandewalle-Vandeberghe, Linda Vansteenkiste,Elisabeth Ven, Roberto Veneziani, Tom Vermeir,An Verstraete, Tom Veys, Stijn VuerstaekW Wagnaar-Wuisbeek, Heidi Walgraeve, Larry Wartel,Madeline Watson, J M Welch, Elsje Weyns,Eileen Whitehead, Yvonne Wilkin, Dean Williams,J Wolf, Pamela Wood, Anthony G Woods, Brian Woodward,Hugo WuytsY Andrew Young, Kathleen YzerbytWith special thanks to / Nuestrosagradecimientos especiales aVictor Carriba, Roberto Chile, Salvador Combarro,Toon Danhieux, Natasha Hickman, Jo Hillgrove,Darryl Hillgrove, Josune Iriondo, Luís Marrón, Trish Meehan,Lies Michielsen, Koen Ooms, Silvia Peralta, Carole Regan,Bruno Stas, Mark Thomas, Tim Turner, Annemie Uyttendaele,Isabelle Vanbrabant, Stephanie Van der Kelen, Pieter de VosInterpretors for Commission /Intérpretes durante la ComisiónAlessio Demartis, Chiara Baldo, Myriam Garcia Bernabé,Christopher Fish, Sheila Horvat, Rhiannon Nicolson,Eleanor Pitt, Adriana Singleton, Ivan VazquezTranslators of written documentation /Traductores de documentos escritosMorgan Green, Alicia Jrapko, Josie Michel-Brüning, NatashaRosner, Vania Ramírez, Robin TalbotAnd thanks to the many further volunteers from the UK andbeyond whose efforts were indispensable to the Commissionof Inquiry. / Agradecemos a muchos más voluntarios del ReinoUnido y otros lugares, cuyo esfuerzo fue imprescindible para eldesarrollo de la Comisión de Investigación.The Commission is grateful to the Barry Amiel & NormanMelburn Trust for funding this report. / La Comisiónagradecea la Fundación Barry Amiel & Norman Melburn por financiareste informe.The International Commission was organised byInternational Commission of Inquiry into the Case of the Cuban Five / Comisión Internacional de Investigación sobre el caso de los Cinco Cubanos