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The determination of appeal court was paramount and also extremely unique as the decision was adopted by the UN. The study the UN initiated on the Five on the a request of their families concluded that there was deprivation of freedom rights for the Five and the human rights had been contravened calling the government to remedy the situation (De quesada, 2011).
The report claimed that the trial was not conducted in an objective and unbiased manner as required, as the US Government had not denied the biased climate and the prejudice, because it presented the group as guilty from the beginning of their trial. The Government admitted later that Miami was not suitable to convict them as there was no possibility of selecting a jury impartial to cases that were linked to Cuban affairs (Smith, 2010).
The defense lawyers had limited access to the evidence that were presented because of their classification. They were classified by the government as being of the national security, thus undermining the balance that existed between the defense and the prosecution with the negative effect on the part of the defense. The confinement of the Five in solitary hindered their communication with their lawyers and access to evidence which consequently weakened their defense. The UN body found the trial to be unfair and was contradictory to the universal standards of human laws (committee).
Separate amicus petitions supporting the Cuban Five were presented to the Supreme Court. The beliefs were submitted by institutions in the US and gained the support around the globe. The amicus never got an answer, and the regard to the petitions is unknown, as it was later discovered that the Cuban Five petitions had been thrown out. The justice acted on request of the President’s solicitor general as the Supreme Court had decided not to hear the Cuban Five petitions.
The success of the agreement between the US and Cuba on the migration was a private diplomacy which involved the lifting of the embargo and curbing terrorist activity against Cuba. This led to the air incursions by the terrorists who were alleging that their flights were humanitarian as it helped the undocumented Cubans to get access to the US (Cox, 2009).
The terrorists were even proclaiming that the island was weak to defend its borders, prompting them to fry to downtown Havana. The US had acknowledged these provocations, but did not respond to them. The government of Cuba even took step ahead to communicate to the US administration to respect the international law through its domestic laws (Mottas, 2011).
There were reinforced sanctions by the US government and the subsequent threats to the foreign investors in Cuba, and these prompted the anti-Cuban terroists to openly declare the visitors as being their enemies and justifying their attacks against them. There was an increased series of bombing in Cuba that were targeting the tourists. The attacks were targeted on Havana, wounding and killing people (Cox, 2009). The terrorists were claiming that this was the internal rebellion and that they were in no way supporting them.
These acts were not internal, and much more, they were not a rebellion, as they were acted under the instruction of these criminals who acted are under the immunity in Miami (Mottas, 2011). These criminals are admitting the terrorist attacks in front of cameras that are broadcasted throughout the US (Smith, 2010). Information has been passed between the US and the Cuban governments, which include the investigations on the terrorist attacks.
The information also included the photographs and weapons that have been seized and the routing of money to the terrorists groups on the island. There were data that was presented on how to locate the terrorists, most of whom were living in Miami, and there were clues to locate them. The US government was never interested in the information it got from Cuba that concerned the terrorist attacks.
This leads to assumption that the US government was sharing this information with the terrorists in Miami. Instruction was given to broadcast provocative materials by the President of the US, but when this reached Miami, the opposite was conspired by the local mobs. The US intended to end the attacks, but the agencies were blowing them up (De quesada, 2011). The US was supposed to fight the terrorism, but was on the opposite side and fought against the Cuban ’terrorists’.
There is detailed information that concerns the anti-Cuban terrorist groups and their locations, and the protest of Cuba that expressed concerns that regarded the ability to obtain this precise evidence. The US government is just thinking that Cuba is arguing that they have evidence. There had been questions on how the Cuban government achieved the unveiling of the terrible plots; the US arguing that they both have common enemies.
The US never complained in any way, and the meeting of the two governments usually discussed the same issues they had on terrorists' attacks. The US does not object to the investigations that have been carried out by the Cuban authorities as there is an obvious reason. This is because the attacks on the Cuban territories; they have a long history that is documented in the US registered bibliography (De quesada, 2011). This background has prompted the Cuban government the right to protect itself and its people, and to discover the reasons behind those damages and the human suffering.
The US is, however, is well aware of the defensive acts of Cuban Govvernment. The island does not have satellites which can enable the gathering of data from the outer space and the sophisticated devices which the US government has been using in its intelligence activities. The intelligence of the Cuban Government is human-based as they do not have resources to buy the information and the contraction of agents allover the world, and the Cuban Government relied on the heroic and generous youngsters like the Cuban Five.
The Cuban government has the right to defend itself against the acts of terrorism, which are formulated in the territories of the US with total impunity. These acts have been, consequently, denounced by the Cuban government as these were the rights that the US is being trying to neutralize the attacks of terrorist organizations. The people that carry out such missions have been considered as patriots, and their aim was not to threaten the national security (De quesada, 2011). The US was indeed not fighting the war of terrorism, and it was not protecting Cuban people from attacks by terrorists, because it was on the other side of the wall.
The conviction of the Five has made them the national icons in the Cuba and they have been referred to as the Five Heroes, who are serving as symbols of their country’s political struggle against Government of the US. The entire territory of Cuba has been decorated with their images, which have inspirational quotes written on them. There are also murals which honored their service to the country and are dedicated to the Five Heroes. The Five Heroes are used to depict the propaganda for Havana as their personal virtues and their willingness to serve their country has been praised and harmonized (Cox, 2009). The Cuban authorities have the tendency of invoking their names to all formal ceremonies and websites that have been established to point to the violation of justice and the treatment that was unbalanced to those, who are usually described as spies by the US authorities. This shows how justice can be blind to circumstances that are conducive to the ideological interests of the US Government.
The Cuban Five is regarded as heroes by the whole population of Cuba because they are unjustly held by the US as prisoners. They are regarded as the nationalists and patriots who are enduring the harsh punishments due to the hostility of the US. It has also been seen that the government of the US has the tendency to apply double standards in its proclaimed war against terrorism while, on the other side of the wall, it is blind to the terrorist attacks that have been carried out by the anti-Cuban militants. The repeated acts that have been launched against Cuban Government have never been the subject matter to the judicial system that is rigid and those that are opposed to the rule of Castro. Thus, the Cuban Five were personifying the will of the Cuban people in deciding their destiny of having the government that they wished.