Panamanian government will be responsible if terrorists escape or their crimes go unpunished
• Statement from Cuban Ministry of Foreign Affairs in response to the
Panamanian authorities’ persistence in making "a capricious
interpretation of its own legislation," by negating the extradition of
the
four terrorists involved in an attempt on the life of Fidel during the
last
Ibero-American Summit • Group includes Luis Posada Carriles,
responsible for other crimes like the sabotage of a Cubana airliner in
1976 in which 73 people lost their lives
ON May 30, 2001, the Ministry of Foreign Affairs presented a note to
the Foreign Ministry of the Republic of Panama, in due response to
the one delivered to the Cuban embassy in Panama by that country’s
Foreign Ministry. The note consisted of an attempt to justify the
extradition requested by Cuba of the four international terrorists
detained in Panama who, in addition to the assassination attempt
against Cuba’s president, have committed innumerable crimes
against our people for over 30 years.
The Panamanian government, using a capricious interpretation of its
own legislation, continues to insist that the fact that terrorists will
be
judged in Panama for the crime they were planning during the last
Ibero-American Summit – which, in addition to the assassination
attempt against Comrade Fidel, would have cost the lives of
hundreds of students and other Panamanian citizens – constitutes an
impediment to the extradition.
The Panamanian judicial code, utilized by the Ministry of Foreign
Relations of the Republic of Panama to justify its negation, in fact
allows for the possibility of deferring an extradition when those the
defendants in question are subject to a legal process in Panama and
this, precisely, was one of the alternatives discussed in Havana with
Deputy Foreign Minister Harmodio Arias, in strict adherence to
Panamanian legislation, as our people were duly informed.
In real terms, in order to accede to the extradition request, and
independently of any other consideration, the Republic of Panama
authorities merely needed to act in conformity with their legislation,
without capricious interpretations, and to have sufficient moral and
ethical valor to act in conformity with the wishes of the people of
Panama, who have repeatedly demonstrated their support for the
extradition of the four terrorists concerned.
The Panamanian authorities adduce, moreover, that they are acting
on the basis of the principle of reciprocity, given that in 1993 Cuba
did not extradite a Panamanian citizen who, for political reasons, was
granted asylum here. In a highly suspicious manner, he was charged
by the Panamanian government with homicide and wounding with
intent after his arrival in Cuba, and after having been granted due
safe-conduct by the Panamanian authorities themselves.
For Cuba it was incomprehensible that, having granted safe-conduct
to a person who had been granted diplomatic asylum for political
reasons, charges of common crime, totally different in nature from
the reasons that motivated the concession of asylum, should be
filed.
In the context of the principle of reciprocity, the Republic of Cuba has
historically maintained and maintains that there must be similitude in
cases of extradition requests with countries with which there is no
agreement in this regard, and considers that the interpretation of the
principle of reciprocity wielded by the Panamanian authorities is
arbitrary and superficial.
Moreover, on that occasion, the Panamanian authorities were unable
to demonstrate that the real reason for the extradition application
was for the commission of a common crime on the part of the
person requested.
It is shameful that, using the pretext of the Cuban extradition refusal
mentioned, the Panamanian authorities have lost sight of the degree
of danger represented by the four criminals currently under arrest in
Panama, and the gravity of the crimes committed, which are far
from being comparable with those imputed to the person in the other
case.
The Panamanian authorities have likewise argued that the evidence
submitted by Cuba does not include any sentence expedited by the
Cuban judicial authorities against the four detained terrorists, ignoring
the fact that their own legislation and the Bustamante Code – an
international instrument signed by both countries which, among other
things, regulates cases like the one which concerns us today –
recognizes that to accede to extradition requests, it is not required
that a sentence exists in the courts of the country concerned, only
that the persons concerned have "been tried, sanctioned or pursued
for the crimes committed."
The Panamanian government is well aware, due to the voluminous
and detailed extradition files remitted to the Panamanian Ministry of
Foreign Relations, that the four individuals required have been duly
charged in the Republic of Cuba for the crimes in question.
However, what most angers and Cuban people and government is
that it is reiterated in this new Panamanian note that the extradition
has not been granted due to the absence of clear evidence of the
crimes for which their extradition has been sought.
The Ministry of Foreign Affairs believes that the real reason for the
negation is lack of political will on the part of the Panamanian
authorities to really contribute to justice being done.
Therefore, and bearing this fact in mind, the Ministry of Foreign Affairs
of the Republic of Cuba has reiterated to the Panamanian Foreign
Ministry its serious doubts as to whether the those who caused
dozens of Cuban families and all our people to mourn, making acts of
terrorism repudiated by virtually the entire international community a
way of making a living and daily activity, will be duly tried with all
the
rigor of the law.
The Ministry of Foreign Affairs of the Republic of Cuba considers that,
by denying the extradition, thus preventing the justice claimed by an
entire people from being done, the government of the Republic of
Panama in practice has become an accomplice to the impunity
enjoyed by the terrorists to date, and the pain of millions of Cubans,
victims of the innumerable actions of the four infamous and
self-confessed international terrorists detained in Panama.
The Ministry of Foreign Affairs of the Republic of Cuba has clearly
reiterated to the Panamanian Foreign Ministry that if the four
terrorists, or any of them, escape or are favored by arbitrary
decisions guaranteeing the impunity we are denouncing for their
present and past crimes, by yielding to pressure from terrorist
elements in Miami and the U.S. government, full responsibility will fall
on the Panamanian government.
Havana, May 30, 2001