Posted May 03, 2005 by publisher in Cuba Politics.
Ricardo Alarcon de Quesada | President Cuba National Assembly
Luis Posada Carriles (known to his intimates as Bambi) is not just
anybody. He is something strange, exceptional - almost unique.
It is already more than a month since he illegally disembarked in Miami -
without a visa or any legal documentation - and announced through his lawyer
and friends that he intends to settle in the city and from there continue
his long criminal career. He filled in the corresponding form, included his
picture and with a flourish of his signature requested admission to the US
as a political refugee. He then made it known that, when he considers it
opportune, he will visit the US immigration offices and meet with
In the meantime he enjoys life. He goes for walks; he meets with his
cronies; he reads the newspapers; he listens to the radio and watches local
TV, which doesn’t stop talking about him, showing images of him and recounting
his numerous misdeeds.
There is other news in the press: in the weeks succeeding the return of
Posada Carriles the United States has spent hundreds of millions of dollars to prevent the entrance of undocumented foreigners into the USA.
Countless agents of the FBI and the “Migra” constantly raid factories and
homes demanding the IDs of those who appear to be latino or foreign.
Thousands have been imprisoned or deported to their countries of origin.
On April 20, Posada and anyone else living in Miami were able to watch live
on local television an appearance by a loquacious, arrogant, and confident
Santiago Alvarez. Alvarez is Posada’s beloved friend of more than forty
years, the one who flew him out of Panama when Posada was given a shameful pardon, and the one who went to the Mexican Islas Mujeres to bring him to Miami - the son of his old pal in the golden days of Batista. He openly acknowledged without hesitation that it was indeed Posada Carriles in Miami.
This Santiago Alvarez is the same person whose voice was shown on Cuban television giving orders to destroy the Havana Tropicana cabaret with two powerful loads of C4 explosive and tear apart anyone there: tourists, performers, workers.
Alvarez confirmed that Posada Carriles is not only in the USA, but in a
specific location in his beloved Miami. He explained that since he had left
Panama, Posada had traveled freely according to his fancy and that he would present himself to the federal authorities and the press when he deemed it convenient.
At the same time, another channel informed viewers that on that same day the authorities had picked up 77 Mexicans who had collapsed in the Arizona desert close to the place where, according to the report, 232 bodies had recently been found. And on CNN a program daily dedicated half of its air time to the illegal immigration of Posada, although, curiously, it had not interviewed him. According to CNN, over the last year more than 20,000 asylum applications were rejected by the United States.
The case of Posada is different. He never had to ford the Rio Bravo nor
cross the Arizona desert. He has always preferred Miami for his outings. The 20,000 were sought out and captured by federal agents, but nobody has come for Posada. He has no complaints. Nobody knows who the 20,000 are - nobody has seen them on TV, and they have no well-known friends. Posada is different - he has a lawyer, his whereabouts and those who protect him are known, yet no one has bothered him or questioned his friends although they speak to the press every day.
There is another far more important difference. None of those 20,000 were
charged, in the face of absolute proof, of having blown up a civilian
airliner in mid-air; none of them are fugitives of justice so that a final
verdict on this horrendous act has never been made; none of them left prison to work directly for the White House and the US State Department in a clandestine and illegal operation that was Iran-Contra scandal; none of them have tortured and executed Venezuelan and Central American revolutionaries; none of them have directed terrorist actions against Cuba that caused deaths and permanently wounded - and openly acknowledged the acts as Posada did to the New York Times and then on US television; none of them organized a terrorist attack against President Fidel Castro where hundreds of students in the auditorium of the University of Panama would also have died; none of them were trained in the School of the Americas or became explosives experts; none of them are veteran CIA agents; and none of them have close links to the US White House all the way to the Secret Service.
No, there are absolutely no similarities.
Posada’s lawyer, Eduardo Soto, has informed the authorities that his client
performed very important services for the United States over the last four
decades which makes him worthy of asylum and legal residence in that
country. And this is not all: Soto has also declared that Posada’s case has
priority and will be quickly resolved and that he won’t have to stand in
endless lines behind those who were there before him.
Others - thousands and thousands of them - are in detention while Posada
walks free in Miami doing whatever he pleases.
For millions of immigrants that flee poverty and misery, the United States
is an unattainable dream, a chimera of a better life. Many - pursued without
mercy in a true human hunt - are shot down or expelled every day without a second thought, to be returned to the despair and abandonment of their
countries of origin. Others, that nobody bothers to count - the eternally
anonymous, have lost everything and, devoured by the desert, die without
headstones. Still others in their thousands languish in the prisons of a
cruel and racist system.
Posada Carriles is a fortunate man. He has returned home. As he commented to The New York Times: “I have never had problems entering to United States.”
No problem. Welcome home.
On May 03, 2005, Cubana wrote:
I noticed this report recently released by Associated Press:
“$1 million reward posted in 1973 crime
The Associated Press
EWING TOWNSHIP, N.J. — Authorities posted a $1 million reward Monday for a Black Liberation Army member convicted of fatally shooting a New Jersey state trooper 32 years ago.
Joanne Chesimard escaped from a women’ prison in Hunterdon County in 1979 after she was convicted of the 1973 slaying of Trooper Werner Foerster. She made her way to Cuba and was granted political asylum.
New Jersey officials have failed to persuade Cuba to hand over Chesimard, 57, who goes by the name Assata Shakur. Foerster responded as backup after another trooper stopped Chesimard and two companions for a faulty tail light on the New Jersey Turnpike on May 2, 1973.
Shots soon rang out and Foerster was hit. As he lay on the ground, authorities said, Chesimard took his gun and fatally shot him in the head and neck.
A New York television station taped an interview with Chesimard in Havana in 1998, in which she denied killing Foster and said she lived in fear of the New Jersey State Police. New Jersey officials said she was lying.”
What’ that about the pot calling the kettle black?
On May 04, 2005, Dana Garrett wrote:
http://ciponline.org/cuba/cubaandterrorism/Cuba’ listing as a terrosist sponsoring nation-Muse.doc
According to the Council on Foreign Relations, eight U.S. nationals reside in Cuba whose crimes may be deemed “political”. Joanne Chesimard is the one person in this category actually named in the State Departmentís most recent annual report. For that reason her case is worth examining in some detail.
Chesimard was a member of the Black Panther Party. She was convicted in 1973 of killing a New Jersey state trooper. In 1979 she escaped prison and has been in Cuba since then…
The 1904 Extradition Treaty between the U.S. and Cuba says, at Article VI: “A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character…If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the government on which the demand for surrender is made…shall be final.”
The political offense exception of the 1904 U.S./Cuba Extradition Treaty is found in most bilateral extradition treaties. For example, until 1987 when the U.S. and the United Kingdom amended their joint extradition treaty, members of the Irish Republican Army (IRA) were often determined by U.S. courts to be exempt from extradition under the political offenses exception of an earlier treaty….
The historical development of the political offense exception is grounded in a belief that individuals have a “right to resort to political activism to foster political change.” Violent political action is especially covered by the exception.
U.S courts have often required a crime to meet a two-fold test for it to be considered political: (1) the occurrence of an “uprising or other violent political activity” at the time of the offense and (2) the offense must be “incidental to,” “in the course of” or “in furtherance of the uprising.”
Judging from the case law, there is a good chance that a U.S. court would find the Black Panther Party in a state of revolt against the U.S. government in 1973 and Chesimardís violent attempt to avoid capture as “incidental” to that revolt.
We can deplore Chesimardís crime while at the same time conceding that Cubaís treatment of Chesimard as a political fugitive has a sound legal basis in the international law of treaties in general and in U.S. jurisprudence in particular.