Story and photos by Lewis McCool
Cortez Journal Managing Editor

Several years ago, at least five Cuban nationals infiltrated the Cuban-exile community in Miami, intent on gathering information about potential aggressions planned against the Cuban government.

The five - Gerardo Hernández, Ramón Labañino, Antonio Guerrero, Fernando González and Rene Gonzalez - were arrested in Miami in 1998 and charged with numerous offenses related to spying and, in one case (Gerardo Hernandez), conspiracy to murder in the 1996 shooting down of the Brothers to the Rescue airplane.

Brothers to the Rescue is a Cuban-exile activist group based in Miami that had previously dropped anti-Castro leaflets on Havana from airplanes.

After a nearly seven-month trial, held in Miami, the five were convicted on all counts. Three received life sentences, one 19½ years and one 15 years. They are now incarcerated in federal prisons, one in Colorado.

Speaking to 14 American journalists in Havana recently, Ricardo Alarcón, president of Cuba's National Assembly, essentially admitted that the five were spying - in America, not against America - "trying to learn about terror plots against Cuba."

"Human intelligence, that's what they were doing," he said. "They were punished for working to get information on groups the U.S. attorney has described as terrorist."

He maintains that the Miami-based groups are intent on terrorism against Cuba, and they are protected by the U.S. government.

In contrast, Cubans maintain, the five prisoners are mistreated, isolated and denied appropriate visitation rights from family members and lawyers.

Amnesty International has written to U.S. officials expressing concern about the prisoners' treatment and the "difficulties faced by their families in gaining access to them."

An appeal of their cases was heard by the 11th Circuit Court of Appeals on March 10. At a minimum, the defendants' lawyers argued for a retrial outside the Miami area.

A decision on the appeal is months away.

In March 2003, Cuban authorities arrested 75 Cuban citizens, dissidents they accused of "acting against the revolution." According to an Amnesty International report, "They were subjected to summary trials and were quickly sentenced to long prison terms of up to 28 years."

Arguably, the arrests were just one in a series of tit-for-tat actions that have resulted in heightened tensions between leaders of the two countries and a tightening of sanctions against Cuba by the U.S.

For example, in 1996 Congress passed the Helms-Burton Act, officially the Cuban Liberty and Democratic Solidarity Act. It authorizes the U.S. president to provide aid to individuals and groups that support "democracy-building" in Cuba.

Later that year, in response, Cuba passed the "Law of Reaffirmation of Cuban Dignity and Sovereignty." It was the foundation for subsequent laws providing for prosecution of those deemed acting against Cuba as outlined in Helms-Burton. The 75 were prosecuted under those laws.

Rafael Dausá, director of the North American Division of Cuba's Foreign Affairs Ministry, told the visiting U.S. journalists that the dissidents received money and instructions from the United States.

A high-ranking U.S. official in Cuba, who comments on condition of anonymity, denied that allegation.

Asked about charges of summary trials without adequate legal representation or humanitarian visitation, Dausá said, "Don't underestimate our intelligence or our legal system. … They were tried because they were acting as agents for the United States."