Law Union of Ontario Passes Resolution in Support of Cuban Five

The Law Union of Ontario held its annual conference from February 28 to March 1, 2003. A workshop on the Cuban Five held on March 1 featured Leonard Weinglass, lawyer from the Five's defense team; Carlos Fernandez de Cossio, Cuba's Ambassador to Canada; Livio Di Celmo, a Canadian citizen whose brother, Fabio, was killed in Havana by a terrorist bomb; Jeffry House, lawyer involved with Latin American issues and chaired by Kathleen Howes of the Lawyers' Committee for the Anti-terrorist Cuban Five. The following Resolution was passed by the Law Union of Ontario after the conference.

* * *

Resolution Calling for the Canadian Government to Demand that the United States Government Comply with the "Inter- American Convention Against Terrorism" and to Release the Five Cuban Political Prisoners Wrongly Convicted in Florida of Espionage-Related Crimes

WHEREAS:

1. The Canadian government has diplomatic and trading relationships with both the government of Cuba and the government of the United States of America;

2. Canada, the United States and Cuba are all members of the Organization of American States (OAS), although Cuba has been excluded as a voting member since 1962;

3. The OAS has signed the "Inter-American Convention against Terrorism" in 2002, which calls on OAS member states "to take effective measures to deny terrorist groups the ability to operate within their territories";

4. The OAS adopted "The Declaration of Lima to Prevent, Combat and Eliminate Terrorism", in which terrorism is called a "serious form of organized and systematic violence, which is intended to generate chaos and fear among the population, results in death and destruction and is a reprehensible criminal activity";

5. The Cuban government has consistently maintained its sovereign right and obligation to defend itself from terrorist and criminal actions arranged, announced, and launched against Cuba by U.S. funded and supported right-wing Cuban-American organizations;

6. Cuban-American right-wing organizations in Miami have plotted and engaged in terrorist activities against the Cuban people and their government and against those in the United States who advocate for normal relations between Cuba and the U.S. These activities have led to deaths and injuries of people, those living in Cuba and in other countries;

7. Canada is the main source of tourism for Cuba, and Canada has the obligation to ensure the safety of its citizens who vacation there. One Canadian resident has been killed in Cuba by a terrorist bomb;

8. Cuba is entitled to information about attempts to overthrow the Cuban government so that Cuba can protect its people, land and economy;

9. Due to the long history of terrorist activity carried out against Cuba from U.S. territory, aided and abetted at the very least by the acquiescence and tolerance of U.S. authorities, five Cuban men infiltrated the extremist right-wing Cuban-American groups known to carry out these activities. The Cuban government then shared the information which was gathered with FBI agents in order that the terrorist plans for activities originating on U.S. soil might be prevented;

10. Instead of taking steps to curtail the Cuban-American terrorists, in 1998 the United States government charged the five Cubans of conspiracy to commit espionage against the U.S. military and threatening national security, among other charges. The "Cuban Five" maintain their defense that they did not engage in any espionage activities against the U.S. military, rather they only monitored the activities of Miami-based right-wing groups, mainly Cuban-American organizations, which have plotted terrorist activities against the Cuban government and people. This was further confirmed by witnesses from the U.S. military who declared that the information gathered was in the public domain;

11. On June 8, 2001, the five Cubans living in Florida were convicted in federal court in Miami of charges of conspiracy to commit espionage, conspiracy to act as an unregistered foreign agent, and, in one case, conspiracy to commit murder;

12. The "Cuban Five" did not receive a fair trial. Defense lawyers unsuccessfully sought a change of venue from right-wing Cuban-American controlled Miami, and they were prevented from using key evidence of terrorist activities directed against Cuba by Cuban-American organizations in Miami. Their convictions are all under appeal.

THEREFORE BE IT RESOLVED that the Law Union of Ontario and its members support the efforts of the defense committees of the "Cuban Five" to educate the public on the injustices of these convictions, and to aid in efforts that these convictions be overturned, these charges be dropped and the "Cuban Five" released;

The Law Union of Ontario further calls on Canada, as a member of the Organization of American States, to demand that the United States government comply with the "Inter-American Convention against Terrorism" and immediately cease harbouring and politically and financially aiding and abetting organizations which plot and encourage terrorist activities against the people and government of Cuba; and to vigorously investigate and prosecute individuals who plan and implement such activities against the Cuban government and people.