Motion Request for European Parliament
AFET- Committee on Foreign Affairs / Commission des affaires étrangères
DROI - Subcommittee on Human Rights / Sous-commission "droits de l'homme"
Wiertzstraat, B-1047 Brussels
Fax: (32-2) 284 69 74 (32-2) 230 69 33
Plateau du Kirchberg, B.P. 1601, L-2929 Luxembourg
Fax: (352) 43 00 294 94 (352) 43 00 293 93 (352) 43 00 292 92,
Allée du Printemps, B.P. 1024/F, F-67070 Strasbourg Cedex
The activity and aim of the five men convicted in Miami in 2001 named
1. To secure undeniable human rights for the five prisoners according to the universal declaration of Human Rights (Art. 8 - 12) by the UN-General Assembly on 10th December 1948, the EP-Committee on Foreign Affairs - Subcommittee on Human Rights passes the following resolution:
The international most minimal guarantees for criminal proceedings have been totally disregarded by
"conspiracy to murder" and therefore convictions without sufficient proof.
2. The Subcommittee on Human Rights of the European Parliament may establish the following motion:
The judicial authority of the United States of America is required:
Grounds of decision:
The criminal proceedings in court have taken place at the stronghold of the Cuban-exile community - Miami/Florida - in an atmosphere of highest public condemnation of and prejudice against the Republic of Cuba. As an unbiased jury could not be found, the defendents´ claim for a "change of venue" had to be permitted, but was refused.
The conviction of "conspiracy to commit espionage or murder" relieved the prosecuting attorneys office of the judicial duty to proof at every charge, that the defendants not only were up to or had started to put any criminal act into effect nor for any time in the future that therefore even an adequately definite plan existed.
Additionally, the Cuban Five have been divided from each other straight after their arrest and locked into solitary isolation cells (basically punishment cells), designated only for the penalization of violations of prison rules. Furthermore, during the first isolation period any contact to their families was totally refused.
Since the beginning of 2004 even the Cuban consular officials are restricted to visit the prisoners only once every three months. These restrictions are an open breach of Art.5 i (Consular Functions), Art. 34 (Freedom of Movement) and Art. 36 (Communication and Contact with Nationals of the Sending State) of the 1963 Vienna Covention on Consular Relations, to which the United States of America are a party of.
Unfortunately these US-actions are not solitary accidents but do join up to over 40 years of permanent blockade and agression policies by eleven successive US-administrations, trying everything to manipulate the political system of the Republic of Cuba. Consequently in this course, they did not even stop at exteritorial legislation violating international law of nations nor shy away from concrete military and non-military terrorism.
This motion is drafted to be presented to Members of European Parliament, EP-working groups and EP-Party-Factions and is launched and strongly supported by the following organisations and VIPs:
1. FG BRD-Kuba e.V. (Friendship Society Federal Rublic of Germany - Cuba)
Please summit to your national "Free the Cuban 5"- committee or to:
!Basta ya! - German Free the Five-Committee, NETZWERK CUBA - informationsbüro e. V. Weydingerstr. 14-16, D - 10178 Berlin Fon: ++49 /(0)30 / 29 49 42 - 60, Fax: - 61, www.miami5.de, www.freethefive.org, www.cuba-solidarity.org.uk