Prosecutors Maneuver to Prolong Case of Cuban Five
Faced with the reversal of the Cuban Five convictions by the Atlanta Appeals Court, Miami Prosecutors are now maneuvering to prolong the legal proceedings in the case by asking for more time to prepare their response to the appellate panel´s decision.

The judges´ opinion is objective and consistent, that is why I do not think an appeal will succeed, declared Jose Luis Toledo, President of the Commission for Constitutional and Legal Affairs of the Cuban parliament.

The US prosecutor"s office also intends to draw out the unfair process and evade measures such as their release, he said.

In my opinion, it seems like the prosecutor"s office will appeal the judges" decision, said Toledo, referring to the decision of the Atlanta Appeal Court on August 9, which reversed the Five"s convictions.

Gerardo Hernandez, Ramon Labanino, Antonio Guerrero, Fernando Gonzalez and Rene Gonzalez were arrested in Miami in 1998 and sentenced to excessive terms ranging from 15 years to double life imprisonment.

The Five, as they are known in international campaigns demanding their release, infiltrated extremist Cuban organizations who organize terrorist acts against Cuba from the US.

The Atlanta Court also ordered a new trial out of Miami, where the first was held in a hostile environment due to pressures by the anti-Cuban mafia living in that city.

Toledo explained that when the convictions are annulled, the rest of the "incredible sentences" are also abolished.

He said that the process must return to hands of the judge who sentenced them for her to decide how to proceed.

Similarly, the official agreed with President of Cuban Parliament Ricardo Alarcon"s opinion, when he pointed out that they may do whatever they want but they must release the Five.

There is no valid reason, or judicial arguments at all to keep them in custody, he emphasized.

It is a totally manipulated process, as Cuba has denounced since the very first day, he said.

He recalled that the UN working group on arbitrary detention recognized the illegal character of the process, however they are still imprisoned under dreadful conditions.

Referring to the choices of the prosecutor"s office, he said he does not think they will resort to constitutional arguments, which would require sending the case to the Supreme Court of Justice, because there are not grounds to do so.

This is not the case. They could object to some points able to be dealt with by the Appeals Court, where it should go back in the first instance.

There is no reason why the US judicial system cannot release the Five before the outcome of the appeal lodged by the prosecutor"s office.

The Atlanta Court can and must release the Cuban antiterrorists, the official stated.

If all the defects in the case have been identified, there is no reason to keep them imprisoned. They can be released while the judicial procedures continue, he argued.