Vol. 74/No. 41      November 1, 2010

Amnesty International raises as one of its central concerns that trying them in Miami, given the “prejudicial impact of publicity about the case,” made it “impossible to ensure a wholly impartial jury.” The group states, however, that it takes no position on whether the Cuban Five are innocent of the charges on which they were convicted.

Amnesty also points to the pretrial detentions of the five, including many months of solitary confinement, saying this undermined adequate access to their attorneys and “facilities for the preparations of their defence.”

The report says that the government failed to present evidence that meets the “burden of proof” that Hernández was guilty of “conspiracy to commit murder.” The conviction was based on Washington’s claim that he bears responsibility for the decision by the Cuban government in 1996 to shoot down two planes flown by Brothers to the Rescue, a right-wing Florida-based group that had repeatedly violated Cuba’s air space. Hernández is now serving two consecutive life terms plus 15 years

Hernández’s conviction “raises a concern as to whether the presumption of innocence—an essential component of the right to a fair trial—was preserved in this case,” states the report.

Amnesty also reiterates its call to grant visas to Adriana Pérez and Olga Salanueva, wives of Hernández and René González respectively.
 
 
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