Habeas Corpus for Gerado: Extra time for Court

By Istvan Ojeda Bello

Adriana, Gerardo’s wife

The defense team of Gerardo Hernandez will apply for habeas corpus on June14, so the federal court in Miami now has extra time to reconsider the situation of this prisoner.

Habeas Corpus is an ancient common law prerogative writ – a legal
procedure to which you have an undeniable right. It is an extraordinary remedy at law. Upon proper application, or even on naked knowledge alone, a court is empowered, and is duty bound, to issue the Extraordinary Writ of Habeas Corpus commanding one who is restraining liberty to forthwith produce before the court the person who is in custody and to show why the liberty of that person is being restrained.

The goal of defense is to get U.S. authorities to reconsider the case.

Gerardo, confined to a maximum security penitentiary in Adelanto,
California, could spend a lifetime in prison because he was sentenced
in 2001 to two life sentences plus 15 years in prison for conspiracy
to commit espionage, using a false identity, not being designated
as an agent of a foreign government and conspiracy to murder, the
latter an incredible accusation that the prosecution itself was unable to prove and confessed during the trial.

The above uniqueness of habeas corpus, together with anything
encouraging in the track record in Miami federal court in its decisions
related to Cuba, forcing to tread on eggshells when it comes to issuing any forecast about the possibility of a favorable decision.

The truth is that the political nature of this case indicates that the
executive power in a stroke could solve this case, removing a major
headache for the courts and, above all, doing something really
important to improve relations between both countries.

Rarely does the court of a country have the opportunity again to prove
its commitment to justice. Of course it has to thank both the enormous movement of solidarity that has never left the Five, and a
defense team that confirms its determination to exploit any formula to
end the injustice done to a Cuban anti-terrorist.
Ecuadorean President Rafael Correa Supports Release of the Cuban Five  
    Cuban News Agency 
Ecuadorean President Rafael Correa reiterated on Monday his support of the release of five Cuban antiterrorists who remain unjustly imprisoned in the United States since 1998.
 During a meeting in Quito with Irma Sehwerert, mother of Rene Gonzalez “one of the five men internationally known as the Cuban Five”, Correa asked her to pass on greetings to her son.
According to Prensa Latina news agency, Irma also met with the Ecuadorean committee for the release of the Cuban Five. The encounter was attended by the Cuban ambassador in Quito, Benigno Perez, and by other Cuban diplomats.
Hernan Rivadeneira, president of the committee, said they will continue creating groups in solidarity with the Cuban antiterrorists in education centers, working places, towns and cities.
Irma thanked them for their support and praised the international movement of solidarity with the cause of the Cuban Five.


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