(WL) 2005 UN assessment: Cuban 5 cannot get a fair trial in Miami.

[EFerrari]

http://www.wikileaks.org/cable/2005/09/05GENEVA2088.html

UNCLAS SECTION 01 OF 02 GENEVA 002088

SIPDIS

STATE FOR IO/SHA, DRL/MLA

E.O. 12958: N/A
TAGS: PHUM UNHRC
SUBJECT: SR ON INDEPENDENCE OF JUDGES AND LAWYERS ON THE
CUBAN FIVE

¶1. Mission received the following communication from
Leandro Despouy, Special Rapporteur on the Independence of
Judges and Lawyers regarding the recent decision by the
United States Court of Appeals ordering a retrial of the
case against Mr. Antonio Guerrero Rodriguez, Mr. Fernando
Gonzalez Llort, Mr. Gerardo Hernandez Nordelo, Mr. Ramon
Labanino Salazar and Mr. Rene Gonzalez Sehwerert. This
communication has been forwarded to IO/SHA via e-mail and is
included with number 74 on the Geneva 2004Communications
Log.

¶2. Begin text of letter:

REFERENCE: AL C/SO 214 (3-3-12)
USA 7/2005

Excellency,

31 August 2005

I have the honour to address you in my capacity as Special
Rapporteur on the independence of judges and lawyers
pursuant to Commission on Human Rights resolution 2005/33.

In this connection, I would like to take this opportunity to
welcome the recent decision by a United States appeals court
to order a retrial concerning;

Mr. Antonio Guerrero Rodriguez, born in Miami, Florida, on
16 October 1958; resident of South Florence; American
citizen.

Mr. Fernando Gonzalez Llort (Ruben Campa), born in Havana
City, Cuba, on 18 August 1963; resident of Oxford, Florida;
Cuban citizen.

Mr. Gerardo Hernandez Nordelo (Manuel Viramontes), born in
Havana City, Cuba, on 4 Juno 1965; resident of Blein
Boulevard, Lompoc, Florida; Cuban citizen.

Mr. Ramon Labanino Salazar (Luis Medina), born on 9 June
1963 in Havana City, Cuba; resident of Beaumont, Florida;
Cuban citizen.

Mr. Rene Gonzalez Sehwerert, born on 13 August 1956 in
Chicago, Illinois; resident of Bradford, Florida; American
citizen.

[flamingdem]

1. What does this mean? Not sure I get what/when and how this info will

impact things. I'm sure that Cuba is pouring over these cables for tidbits.

[EFerrari]

2. I think it reinforces the idea that the Aug 2005 decision

to vacate and retry in another venue was right, for one thing. You probably know more about this case than I do. If they couldn't get a fair trial in 2005, did they get one in the first place? No.