
In 1998, five Cuban men who have come to be known as the Cuban Five were arrested in America and in June 2001, were falsely convicted of conspiracy to commit espionage and other related crimes against the United States. They are currently serving four life sentences and seventy five years collectively. The American justice system has continually failed these men and their families, in Cuba they are national heroes and across the world they are ardently supported.
The five men; Gerardo Hernández, Antonio Guerrero, Ramón Labañino, Fernando González, and René González, were sent by the Cuban government to Miami, the hub of the anti-Cuban terrorist movement, in the early 1990s to infiltrate anti-Castro groups in order to prevent criminal acts against Cuba. These organisations such as Commandos F4, Alpha 66 and Brothers to the Rescue act with full protection of the American government and over the last four decades have taken in excess of three thousand Cuban lives. When the Five had gathered enough evidence against these groups, particularly Brothers to the Rescue who René González had been dropping practice bombs in Miami with, they presented their findings to the FBI. The FBI took action, not against the terrorists, but against the Five.
In November 2000, after being held illegally and in solitary confinement for seventeen months, the Five began a seven month trial in Miami. Robert Pastor, a professor of international relations at American University claimed that, “Holding a trial for five Cuban intelligence agents in Miami is about as fair as a trial for an Israeli intelligence agent in Tehran”. A media frenzy surrounded the trial with newspapers screaming of Spies Among Us and labelling the five men as 'bent on destroying the United States'. Despite the ubiquitous community prejudice against Fidel Castro and the Cuban government, a change of venue was denied five times by the judge. Miami did not even have the appearance of justice and it was very much a case of 'sentence first-verdict afterwards'.
The Five were convicted on the 8th June 2001 on twenty five different counts. Gerardo Hernández was also convicted of conspiracy to commit murder due to his supposed involvement in the shoot-down of the Brothers to the Rescue aircraft in 1996 despite the prosecution attempting to withdraw this charge due to lack of evidence. Speaking to the BBC in 2007 Hernández stated, 'they needed to blame somebody, and they chose me'. The Five maintain their innocence, claiming that they had no intention to harm the U.S. or it's citizens. The Five have not been convicted of espionage but 'conspiracy to commit espionage' as there is no proof to support the claim that American military or political secrets were transmitted and no evidence that American national security was ever threatened.

It is not only the Five who have suffered at the hands of an unjust system, but their families also bear the unmerited retribution. Regular contact has been denied and in the extreme case, the wife of René González has never been granted a visa to see her husband. Olga Salanueva was deported back to Cuba a few weeks after Mr. González's arrest, it has been over ten years since they last saw each other. Due to Olga not being allowed to set foot on American territory her youngest daughter Ivette, who was only a baby when her father was arrested, was also denied access until last year.
On the 13th October 2009 Antonio Guerrero was re-sentenced to 262 months in prison, originally he was serving life plus ten years. Nevertheless, prosecutors and Mr. Guerrero’s lawyers had asked for the sentence to be reduced to 240 months. The New York Times reported how Leonard Weinglass, Mr. Guerrero’s lawyer made a statement saying, 'It was odd. You have a man who was on a military base but who didn’t take a single classified document and no one testified that he injured U.S. national security, but the judge still rejects the prosecutors’ request to lighten the sentence.' The sentences of Ramón Labañino and Fernando González are also set to change at a later date. Although these changes are positive, they are hardly radical and are a mere continuation of the injustice served upon these men. Furthermore, the men have reason to be wary of decisions made in their favour as they have been retracted in the past. In 2005 a panel of three judges ordered a retrial outside of Miami and decreed that the sentences should be overturned. Speaking at the time, Gerardo Hernández's lawyer Paul McKenna remarked, 'He is presumed innocent. All his convictions are vacated. They don’t mean anything anymore'. A year later this decision was abjured when a new panel voted ten to two to deny the Five a new trial.
It could be said that this is yet another conflict between communists and capitalists, a prolongation of feelings from the 1959 Revolution that America has yet to accept. However, it goes beyond that, it is a denial of basic human rights on the part of the American government recognised by communists and capitalists alike. It is injustice and prejudice of the highest order. For a country that prides itself in being a leader in democratic rule, its failings to provide a fair trial and just retribution are inexcusable. There is an extreme hypocrisy evident in the fact that Washington and its 'war on terror' have incarcerated the Five for what is essentially the equivalent of trying to find Osama bin Laden in Pakistan.
Over the world protests and vigils have been held in support of the Five and eight Nobel Prize winners, including Desmond Tutu, have campaigned for the immediate release of the men. There are support groups for the Cuban Five active in twenty seven countries, including America. When Gerardo Hernández spoke of the international support he said, 'as long as one person remains struggling outside, we will continue resisting until there is justice.' The struggle continues and if justice prevails the Cuban hope, 'volverán', - 'they will return' - will be accomplished.




