The conditions of the arrest and imprisonment of the five men were so egregious, says the UN Working Group on Arbitrary Arrest and Detention that they "violate international norms of lawful detention." This isn't a case of injustice to be found in dictator-run Pakistan, authoritarian Burma, or religious fundamentalist dominated Sudan. It is right here in the US.
The men, convicted on charges of conspiracy to commit espionage, are five Cuban men sent to Miami to infiltrate and report to the Cuban government on the activities of terrorist groups based in Miami who have openly planned attacks on the tourism industry in Cuba, according to Weinglass who represents one of the men.
The men were tried in a Miami court under conditions later found by a three-judge panel on the federal 11th Circuit Court of Appeals to be a "perfect storm of prejudice" that prevented their receiving a fair trial. Last August, the three judges released a 93-page decision overturning the convictions of the men and agreeing with defense arguments that the men did not receive a fair trial.
Jurors who convicted the men openly admitted their anti-Cuban hostility that prejudiced their views about the men. Several had strong ties to the federal government and its agencies. "It was an impossible situation," Weinglass said.
According to Weinglass, the judge's instructions were so favorable to the prosecution that the even the government lawyers handling the case fought them. Weinglass said that the prosecutor's believed the instructions might be grounds for overturning the convictions in the future, so they appealed to a higher court to prevent the judge from giving the instructions. That higher court, the 11th Circuit Court, refused to intervene.
So what is the nature of the "crime" committed by these five men?
The background of the case begins in the early 1990s after the collapse of the Soviet Union, which, because Cuba relied on aid from the USSR, nearly caused the collapse of that island country's economy. Combined by with a tightened economic blockade imposed by the first Bush administration with the view of bringing down Cuba's government, the economic picture was bleak.
To reverse the trend, Cuba developed a tourism industry. Forging deals with European construction companies to build five-star hotels near Cuba's spectacular beaches, the Cuban government actions soon revived the ailing economy. Jobs and income quickly boosted prospects.
Needless to say, the new developments angered and frustrated the Cuban exile community based in Miami, which has sought to overthrow the Cuban government since 1959. Since that time, this wealthy community, which controlled Cuba's banking industry under the former brutal dictator Juan Batista and stole $450 million when it left the country, used it privilege in Miami to dominate that city's political machine and local media.
Only under a threat of violence can anyone publicly use their right of free speech to support Cuba in Miami. Pro-Cuban organizations are harassed and outlawed. Organizations, individuals, and even non-political businesses or entities that might wish to present Cuba in any positive light are threatened or shut down.
Organizations with ominous sounding names like Brothers to the Rescue and Commandos F4 based in Miami and funded by groups like the Cuban American National Foundation and individuals with financial ties to the US-funded Nicaraguan rebel group known as the Contras decided to step up their attacks on Cuba.
On television stations and other media based in Miami, these groups publicly announced their intention to target Cuba's tourism industry with terrorist attacks. Bombs were found on flights to Cuba and in facilities associated with Cuban tourism. A bomb exploded in a Cuban hotel, killing one Italian tourist. One group organized illegal overflights into Cuban airspace to harass the Cuban government and threaten the tourist industry.