Commutation and Release of Convicted “Spies”

The U.S. has been involved in three disputes over individuals convicted and imprisoned for alleged spying.

Shane Bauer & Joshua Fattal
Alan Gross

One dispute has been with Iran over its conviction and imprisonment of two American hikers (Shane Bauer and Joshua Fattal) for alleged spying. This week Iran unilaterally released the two men, a decision prompted, in part, by its desire to improve its international image at the start of the U.N. General Assembly meeting.[1]

The second dispute is with Cuba over its conviction and imprisonment of an American, Alan Gross, who apparently brought some electronic equipment to Cuba for Jewish people on the island. Former Governor Bill Richardson recently was unsuccessful in his trip to Cuba to gain Gross’ release. Late this week, however, there were hints that Cuba might release him for humanitarian reasons. Cuba should follow the lead of Iran and commute the sentence to time served and release him to return to his family in the U.S.[2]

The last dispute is also with Cuba over the U.S. conviction and imprisonment of five Cubans for their efforts to gain information in the U.S. over Cuban exile groups’ flights to and over Cuba. The so called “Cuban Five” were arrested in September 1998 and subsequently convicted of various crimes. They have been in U.S. jails and prisons for the last 13 years. Yet during this long period the U.S. cruelly has granted very few visas to the Cuban spouses of four of them to visit them in U.S. prisons. One of the “Cuban Five” will complete his sentence this October, and the trial judge recently imposed three years of supervised release in the U.S. only, thereby rejecting his plea to be able to return to his family in Cuba. The U.S. should act in a humanitarian manner and commute the sentences of all five to time served and allow them to return to their families in Cuba.[3]

 

In Cuba the five are known as the “Miami Five” and are regarded as Cuban heroes for helping to protect Cuba from terroristic attacks by Cuban exile groups in the U.S. You see posters with their photographs or portraits all over the island. Cuba has mounted an international “Free the Cuban Five” campaign.

 

The time is way past due for the U.S. to have normal diplomatic and economic relations with Cuba.[4]


[1] E.g., Goodman & Cowell, American Hikers Leave Iran After Prison Release, N.Y. Times (Sept. 21, 2011).

[2] E.g., Archibold, Cuban Minister Leaves a Door Open to American’s Release, N.Y. Times (Sept. 23, 2011).

[3]  E.g., Assoc. Press, Spy Wants Return to Cuba After Prison, U.S. Objects, N.Y. Times (Sept. 12, 2011); Cave, Americans and Cubans Still Mired in Distrust, N.Y. Times (Sept. 15, 2011); Cuban Embassy in Netherlands, Denied by Judge Lenard, Rene’s motion on his return to Cuba (Sept. 16, 2011), http://www.cubadiplomatica.cu/EN.

[4] See Post: The Ridiculous U.S. Designation of Cuba as a “State Sponsor” of Terrorism” (May 20, 2011); Post: U.S. Repeats Its Ridiculous Designation of Cuba as a “State Sponsor” of Terrorism” (Aug. 21, 2011); Post: The U.S. Should Pursue Reconciliation with Cuba (May 21, 2011).

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As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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