Por Deisy Francis Mexidor On Monday, July 14, confessed terrorist Luis Posada Carriles will appear before a Federal Court to request his freedom. Granma spoke with Alejandro Garcia del Toro, coordinator for the Cuba-US Legal Affairs Group from the Cuban Ministry of Foreign Affairs, about the hearing. "Attorneys for Luis Posada Carriles are trying to get US citizenship for the terrorist, because if he is granted this status, it will immediately block the possibility of deporting or extraditing him from the United States. It is the safest way to assure his freedom." According to a statement by Eduardo Soto, Posada's legal representative, the request will be made based on the allegation that his client has been under arrest for more than a year at a detention center in El Paso, Texas, after "illegally" entering US territory and "should not remain incarcerated for an indefinite period." "Nevertheless there are an endless number of legal arguments against Posada," said Garcia del Toro. "From the minute this terrorist illegally entered US territory, there is a whole framework of legal action applicable. This includes not only what is regulated according to US Legal Code, but also everything related to international agreements of a multilateral nature, that oblige the United States to extradite or try him for his crimes in this continent. United Nations resolutions, calling on all nations to cooperate and carryout concrete measures against international terrorism, are also applicable in this case." For example, how does the Patriot Act, signed by the US President in October 2001 apply in this case? "That specific piece of legislation, under Title IV Protecting the Border, established that a foreigner ‘who has used a position of prominence to endorse terrorist activity, or to persuade others to support such activity in a way that undermines U.S. antiterrorist efforts,’ is inadmissible for entry into that country. "In application of this law, the Department of Homeland Security could categorize Posada as a terrorist, which would disqualify him from residing or staying in this country, under the framework of any of the legal procedures specified in its immigration laws. This at least forces the Department of Homeland Security to proceed with the deportation of Posada. "But there are also other applicable legal frameworks such as the December 15, 1997 ‘Convention for the Suppression of Terrorist Bombings’ that was ratified by the US in 2002. Paragraph seven of this convention specifies: ‘[…] the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.’ "It’s also worth recalling that the Extradition Treaty between Venezuela and the US has been in effect since April 14, 1923. According to this treaty, Venezuela is entitled to request the extradition of Posada. His escape from a Venezuelan prison, impeded the completion of a judicial procedure against him for the worst of all his crimes, the mid-flight bombing of a Cuban civilian airliner on October 6, 1976." How would you sum up the pending cases involving Posada Carriles in the United States?" "At this time there are three ongoing cases related to this individual. "One is the case initiated by the terrorist’s attorneys requesting his immediate freedom. In this proceeding of ‘habeas corpus’ they are alleging, based upon a ruling handed down by the US Supreme Court in 2004, that a foreigner whose deportation has not taken place cannot be indefinitely held under detention. "In the other case, the Immigration and Naturalization Service (INS) is reviewing Posada's request to obtain his US citizenship. In this case the attorneys based the application on services rendered by Posada while in the US Army in the 1960s. "The third case is an extradition request filed by Venezuela. This has been intentionally ignored the US government. "We are dealing with a very interesting situation because the CIS —which should rule on the granting of citizenship to Posada— is an agency under the Department of Homeland Security. "Nevertheless another agency of that same department, US Customs and Border Protection, informed Posada on March 22 in a very detailed and long letter that they could not set him free because he continues to represent a danger to the community and that there is a risk that he could flee. "Due to a basic subordination problem for Homeland Security, the INS should tell Posada that he doesn't qualify (is not eligible) to obtain the US citizenship based on the same arguments used by US Customs and Border Protection when that department denied him his freedom. The conclusion reached by US Customs and Border Protection on March 22, 2006 described Posada as a risk and a danger to the national security of the United States. Shouldn't that change? "Of course not. It’s not logical. Posada was, is and will continue to be a self-proclaimed terrorist. For that reason granting him citizenship would be outrageously contradictory and ridiculous. Granting him citizenship could only be explained by concluding that this is someone who has the protection of the government of the United States. He is a raven, raised in the heat and hatred against the Cuban Revolution by the US power elite and the Cuban-American rightwing. "The US government has the option of waiting for the judge to rule on the habeas corpus request; in that way the difficult task of giving or not giving Posada his freedom is left in the hands of the justice system. "But here, as in the case of the five Cuban anti-terrorists, the decision is up to the US judges hearing the case in which the following elements are combined: the Cuban Revolution, the Cuban-American rightwing in Florida and the hatred of Cuba by a section of the US power elite. "In the case of Posada, like in the case of the Cuban Five, there is no respect for what is right, or the truth, or for human beings —and much less for the true application of justice. The unbelievable decision by the Atlanta federal appeals court in the case of the Cuban Five could now be repeated in Posada’s case, but in the opposite sense." |