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Posted November 07, 2007 by publisher in Cuban History

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AFP

The US government on Tuesday appealed a federal court’s decision that led to the release of Luis Posada Carriles, who is wanted by Havana and Caracas for the deadly 1976 downing of a Cuban airliner.

Posada Carriles was arrested in 2005 on immigration charges, but was released in May this year after a federal judge in Texas dropped the indictment, saying the government tricked the ex-CIA contractor by using a citizenship interview to obtain evidence against him.

In its brief to a US appeals court in Texas, the government insists, however, that “the record shows no deceit or trickery, nor outrageous conduct that justifies the extreme sanction of dismissal.”

The government stressed the circumstances at the time “gave the defendant no license to lie to the interviewers.”

A Cuba-born Venezuelan national, Posada Carriles was jailed in Venezuela in 1976 for allegedly masterminding the downing of a Cuban jet off Barbados.

He escaped in 1985, was sentenced to eight years in jail in Panama for a 2000 bomb plot to assassinate Cuban President Fidel Castro, and was pardoned four years later.

US authorities are reportedly investigating whether Posada Carriles was involved in a 1997 Havana hotel bombing that killed an Italian tourist.

But he has not been indicted in the United States for any of the attacks and US authorities have refused to extradite him to Cuba or Venezuela, claiming he might be tortured there. The US government failed to find takers when it suggested sending him to another country.

Cuba’s communist President Fidel Castro and his leftist Venezuelan ally Hugo Chavez have repeatedly accused Washington of harboring a wanted terrorist while at the same time claiming to wage a worldwide battle against terrorism.

Declassified US documents show that Posada Carriles worked for the CIA from 1965 to June 1976. He also reportedly helped the US government ferry supplies to the Contra rebels who waged a bloody campaign to topple the socialist Sandinista government in Nicaragua in the 1980s.

  1. Follow up post #1 added on November 07, 2007 by publisher with 3905 total posts

    The original title is “US appeals release of Posada, sought by Cuba, Venezuela” and yes, I prefaced his name with the word terrorist. I have no problem giving him that moniker.

    At least the story did not label him a “militant” as this AP story does DOJ Asks Court to Reinstate Posada Charges. This article goes into more detail.

    Also, what took the government so long to appeal?



    Cuba consulting services

  2. Follow up post #2 added on November 07, 2007 by cubanpete with 127 total posts

    Too bad the Cuban judicial system doesn’t offer an appeal process to Dr. Elias Biscet.  The “Palacia de la Revolucion”, the seat of the executive branch of the regime, used to be the Supreme Court building.  Of course, La Revolucion has no need of a Supreme Court.



    For change (cambio) we can believe in.
    http://www.desdecuba.com/generationy

  3. Follow up post #3 added on November 07, 2007 by publisher with 3905 total posts

    Anders?

    Would you like to comment on this one?



    Cuba consulting services

  4. Follow up post #4 added on November 08, 2007 by anders

    Thank you Rob,

    As the article mentioned Posada Carilles has been sentenced as a terrorist both in Panama and in Venezuela ( before Chavez was elected ). The amount of evidence against him seems overwhelming judging from reports and articles I have read. Both his escape from prison in Venezuela and his pardon in Panama caused accusations of corruption in both countries and I believe some legal investigations were initiated in Panama. But Panama is certainly Panama.

    Quit extensive files on this case can be found at National Security Archives in Washington,DC. They were released this year. Available on the web.

    This case has drawn considerable international attention for many years and is constantly used as an argument against the sincerity of US “war on terrorism”. The release of the CIA files last summer and high pitched Lebanese allegations of US and Saudi financing of the terrorist group “Fatah il-islami” that was exterminated in the palestinian refugee camp Nadr al-Bahred by the regular Lebanese Army in august, strengthend this line of arguing.

    Interrogation methods in Venezuela I know little about. Somewhat more on Cuban methods. There are absolutely no evidence of torture in Cuba but substantial evidence of police brutality in a number of cases. The cubans admit use of what in Europe sometimes is called “French interrogation technics”. This means physical abuse and deprivation of food, water and sleep.

    Taking Posada Carilles to court in the US I suppose is politically impossible. The risk he would start talking is huge and media attention to facts already known and brought to the surface by a trial would be devastating to US creadability. Still, US courts and attorneys are well known to be brave from time to time.

    Because the US has not ratified the treaty of the International Criminal Court in Haag, Netherlands there are no institutionalized methods to charge him neither there or in a third country.


  5. Follow up post #5 added on November 08, 2007 by anders

    cubanpete,

    I take it you have never been to Havanna ? “The Palais de la Revolution” is a museum and the president of the Cuban Supreme Court was, at least some years ago Ruben Remigio.


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