Cuban Five -- Criminals Research Paper

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[. . .] These are capitalists who are interests in their own fortunes and want nothing good for the country. Their support by the American government and the fact that they have been allotted American rights are considered as negative by the Castro government.

This differing stand-point is further propounded by the trial where the Cuban Five clearly stated their intention of spying on e-Cubans, despite which they were charged with such crimes. This trial has led to the popularity of the Cuban Five in the region who are seen as political martyrs and sacrifices for the betterment of the Cuban people.

Additionally a trade embargo has always existed between the two countries, which might not have hampered the U.S.A. much as it is one of the largest economies of the world, but Cuba already being a conflict -- ridden territory had much to gain from this relationship, had t been allowed to flourish as trade.

According to Walter Putnam:

"The five acknowledged being Cuban agents but said they were not spying on the United States. They said their focus was on U.S.-based exile groups planning "terrorist" actions against the Castro government. After a trial that lasted six months, they were convicted in 2001 of acting as unregistered Cuban agents in the United States and of espionage conspiracy for attempting to penetrate U.S. military bases. A three-judge 11th Circuit panel overturned the convictions in 2005, saying there should have been a change of venue. But the full court reversed that decision, 10-2."

Cuban Five as Criminals

It is no doubt a factor that the activities of the five have been criminal where they have planned attacks and has murdered people who have been against the Castro government. Had it been full-fledged war, the planning and the attacks on the government and various Cuban communities would have been considered activities of war and would have had a legal logic to it. Although war crime is far more severe and at most times not even justified, these murders would have made sense. Moreover, the Five also did not get any such reports that could have in some way been connected to plan terrorist attacks in Cuba by the exiled group. Therefore the proactive stance that they took was not justified if they were protecting the country. Instead of combating these and ignoring the issues the Five made their own plans and executed them. There were no diplomatic talks or arrangements which leads us to believe that what the Cuban Five did on the pretext of saying their country was ethically incorrect. They might have been protecting their own country against known threats but there was no way of knowing whether those killed were actually looking to fight Castro.

Due to their efforts nearly 3000 people have been killed. While there are chances that some of these people might have been conspiring against the government, this number is bond to include the innocent ones as well who were punished without a reason. This was because the five had mounted various attacks n the people in Miami over the years and these were not planned attacks where the two countries were at war officially with each other. These were mounted as retaliation on people who might not have even is concerned with a cause. These attacks were surprise attacks and were in the nature of terrorist attacks which was the reason why there was public outrage in Miami and their punishment was rallied for where people were outside courts demanding that the five be hanged.

According to Duncan Campbell in the Guardian in 2008, he indicates that the society has become more punitive and indicates that:

"All were accused of committing espionage. Their defense was that they were involved in infiltrating and monitoring Miami-based anti-Castro groups to prevent terrorist attacks on Cuba. These organizations have mounted various attacks on the island over the years; the Five claimed that as many as 3,000 people have died as a result."

The Five as Antiterrorists

The Five have claimed that they were collecting information against the Cuban community in America and that was the reason why they indulged in the activity. Therefore in this regards, they were defending their own country and that is the reason why their countrymen consider them as freedom fighters. Their pictures and their sculptures are found everywhere along with that of Fidel Castro and they are being cited and being upheld in their own country as heroes.

Their activities have been such that they have been trying to avert attacks on Cuba and trying to save the Cuban people by seeking intelligence information and passing it on to the authorities in order for them to introduce counter measures.

Another reason why they are being so highly held in esteem is because of the unfairness meted out to them during their days in court as the trial is and is being seen in the world as being unfair. After all it is the Cuban government's right to punish them, and even if the reason for Cuba being pro -- the Cuban Five is considered the trial should have been held in a third country with impartial judges so that they would have at least gotten a fair trial.

According to Bill Mears in CNN he feels that the trial was not held justly and has indicated that it was the only trial that was condemned by the UN Human Rights council as being unjust. Bill Mears said that:

"Attorney Thomas Goldstein, representing the five, said lower courts unfairly refused to move the trial from Miami to Fort Lauderdale, 30 miles to the north."The defendants were very concerned about the prevalent anti-Castro hostility, and the tremendous press coverage," he said, "The [federal] appeals court has made it virtually impossible to get a change of venue, even in this kind of case."

The appeal also claimed prosecutors unfairly excused seven potential African-Americans from the pool of potential jurors. The final jury included three black members but no Cuban-Americans. The Cuban Five trial was the only judicial proceeding in U.S. history condemned by the U.N. Human Rights Commission. Eight Nobel Prize winners have also petitioned the U.S. attorney general, calling for freedom for the five."

Conclusion

The case of the Cuban Five brings to light an example of international controversies where there is nothing black or white. There are no evil monsters and neither are their saints and angels. There in fact are real people who have different ideologies and beliefs and in doing so they take actions that can be detrimental to society.

In case of the Cuban Five, these men were working on the ideology the Fidel Castro was their leader and that any revolt against him had to be subdued. The people against Castro were in fact waging a war that Castro once fought himself before he took over, and was in fact the leader of a revolt against social injustice which was successful. Seen from that perspective where the Cuban government feels that the Americans are hypocrites, Castro too is a hypocrite as he is trying to subdue the revolt which is based on the same causes that he once believed in as well.

Therefore where the five are trying to protect their country and their leader, they are also oppressing people who have a right to their own opinions. Had they been doing it in a peaceful or a diplomatic fashion that would have been understood, even an announced war would have been acceptable, but killing innocents in the name of stability and anti-terrorism is really not the way. They are criminals and need punishment.

But here too is the case of the American government which was involved in their cases when it really was not the deciding authority. As indicated above, a third country and an impartial judge should have been involved in the case for it to be truly fair. Moreover, as America itself had a role to play in the Cuban revolt and uprisings it was a stakeholder and should have demanded a trial of these Five and not has conducted itself.

Moreover, as far as the Jury itself is concerned, people who were pertinent to it were not involved and hence a perspective on the situation in Cuba could not be judges on by the jury which gave its decision.

Therefore, the Cuban Five committed crimes in the name of ideology whereas the exiled Cuban parties also did the same under the head of a different viewpoint. The case brings to light how warfare and conflict really cannot solve any political problems as these have been worsened rather than helped along. Diplomatic dialogue between t he two nations is key if the differences are too settled. Each side should take into consideration the other's opinions and while not accepting them as their own should be tolerant to them so that the peace process can get a boost.

If events continue in this way… [END OF PREVIEW]

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Cuban Five -- Criminals.  (2011, December 10).  Retrieved February 22, 2019, from https://www.essaytown.com/subjects/paper/cuban-five-criminals/9005860

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"Cuban Five -- Criminals."  Essaytown.com.  December 10, 2011.  Accessed February 22, 2019.
https://www.essaytown.com/subjects/paper/cuban-five-criminals/9005860.