Supreme Court turns down Miami 5 appeal

News from Cuba | Tuesday, 16 June 2009

On Monday 15 June, the US Supreme Court refused to review the convictions of the Miami 5.

The Court refused to hear their case despite calls from Nobel Prize winners, international legal groups and parliamentarians from around the world, including more than 90 British MPs.

The Obama administration contended that the convictions were fairly won, and that high court review was unnecessary.

Following the ruling, Cuba released the following statement and comments by one of the five prisoners, Gerardo Hernandez.

Declaration of the Presidency of Cuba's National Assembly on the US Supreme Court'decision not to review the Cuban Five case

The U.S. Supreme Court announced today, without explanation, its decision not to review the case of our Five comrades who are unjustly imprisoned in that country for struggling against anti-Cuban terrorism that is sponsored by the U.S. rulers. The judges did what the Obama administration requested of it.

In spite of the solid arguments made by the defense attorneys from the obvious and multiple legal violations committed during the whole trial, by ignoring the universal backing to the petition-expressed by an unprecedented number of "friend of the Court" briefs, among them 10 Nobel prize recipients, hundreds of parliamentarians, and numerous U.S. and international jurist organizations, of outstanding political and academic personalities-the Supreme Court rejected the case, thus ignoring the demand of Humanity and its obligation to do justice.

We see manifested once more the arbitrariness of a corrupt and hypocritical system and its brutal treatment of our Five brothers.

Our struggle to win their freedom will not diminish for one instant. Now is the time to step up our actions, and not leave even one space uncovered or door unopened.

We are certain that Gerardo, Antonio, Fernando, Ramón, and René will continue leading this battle, as they have during these almost 11 years.

Responding to the infamous decision, Gerardo Hernández Nordelo declared:

“Based on the experience that we have had, I am not surprised by the Supreme Court's decision. I have no confidence at all in the justice system of the United States. There are no longer any doubts that our case has been, from the beginning, a political case, because not only did we have the necessary legal arguments for the Court to review it, we also have the growing international support as reflected in the Amicus briefs presented to the Court in our favor. I repeat what I said one year ago, June 4, 2009, that as long as one person remains struggling outside, we will continue resisting until there is justice."

The struggle must be multiplied until the U.S. government is forced to put an end to this monstrous injustice and restore freedom to Gerardo, Ramón, Antonio, Fernando and René.

Presidency of the National Assembly of People's Power

June 15, 2009

More information to follow.

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