Cuban American Bar Association (CABA) Statement On The Change In U.S.-Cuba Policy And Release Of Prisoners
MIAMI – The Cuban American Bar Association (“CABA”) emphasizes that the policy changes announced by President Barack Obama this week, appear, on their face, to significantly impact diplomatic relations and, minimally impact commercial relations between the United States and Cuba. CABA is hopeful that a renewed presence of the State Department in Havana will mark a new beginning for an effective diplomatic effort on the part of the U.S. to bring democracy to Cuba. However, based on the well-documented history of human rights abuses by the Cuban government since the onset of the Castros’ rule, CABA remains skeptical and reserves any optimism as it is unclear as to how this change in foreign policy will play out domestically in Cuba.
Until the Cuban people’s rights and freedoms are restored and protected by the rule of law of a democratic Cuban government, it is a mistake to equate “change” with progress. These “changes” have not been conditioned on any true reforms or requirements upon the Cuban government to abandon its failed experiment and embrace the rights and freedoms enjoyed in the United States and other democracies.
CABA’s “CABA on Cuba” Committee was founded to give voice to pro-democracy and pro-human rights activists who are regularly and systematically persecuted and silenced by a repressive totalitarian regime. Unless and until a legitimate Cuban government that represents and protects the views of all Cubans is in place, our organization will continue to support the brave and selfless men and women who seek to promote peaceful change from inside the island.
CABA applauds the release and safe return of Alan Gross and of Rolando Sarraff Trujillo, the brave U.S. intelligence asset who suffered 20 years in a Cuban prison. We are also glad that Cuba has released 53 of its many citizens who had been wrongfully held as political prisoners, but recognize that many others remain in custody. We hope the President, who has championed and now celebrated their release, will ensure the freed prisoners remain free and are not merely rounded up on a whim at a later date as the Cuban government has often done in the past in order to silence any criticism of its long-failed communist experiment.
Despite the cause for celebration for Mr. Gross and Mr. Trujillo’s return, we express our deep concern that as part of the exchange, the U.S. released three Cuban spies who were fairly tried, convicted, and sentenced for their crimes. One of these spies was convicted for his role in the murder of four men serving a humanitarian mission. As to whether or not the exchange of spies is appropriate, people of good conscience can disagree. The failure of the administration to inform the victims’ families, however, is inexcusable. The solace and closure that these families may have felt knowing that those convicted of murdering their loved ones would live out the remainder of their lives in prison was abruptly taken from them, when without notice or an opportunity to be heard, those convicts were handed over to a regime that will surely celebrate them as national heroes.
We also express grave concern for the potentially significant repercussions that thousands of Cubans, who have lost their green card as a result of criminal convictions in the U.S. with pending Orders of Deportation, may also now be subject to deportation to Cuba. To be clear, a great number of these “convicted” Cuban residents were accused of very minor infractions and accepted plea deals on the advice of counsel. It is still unknown what treatment the U.S. government will ultimately give this subgroup of the resident Cuban population, and no information has been forthcoming from the White House as to whether this was taken into consideration. CABA will further research this issue and will monitor the outcome very closely.
While this week’s events also mark a turning point in economic relations with the Cuban government, the underlying and central problem of political and human rights of the Cuban people remains an issue of paramount importance. CABA will continue to address the political and human rights matters through direct engagement with those who seek to change and improve Cuba’s political system in accordance with international norms of democratic values and human rights. An increase in dollars going to the island from loving relatives residing in a free U.S. and a relaxation of visits and exports to Cuba will not, in and of itself, do anything to improve the lot of those living under the same oppressive regime that has held a merciless grip over its citizens for over a half-century. However, CABA is hopeful the U.S. government will give thoughtful and meaningful consideration in assessing how anticipated improvements to Cuban infrastructure, particularly those sectors that enable communication technology, are made accessible to the Cuban people. We have witnessed worldwide change and adaptation as other countries that have yet to embrace democracy have been forced to accept increased levels of personal freedom as the unstoppable growth of the internet takes root within their borders. We pray the same for our brothers and sisters in Cuba.
CABA stands ready to assist in this endeavor and lend the expertise of its members for the establishment of a free and democratic Cuba. To that end, CABA, along with the National College of Cuban Attorneys (el Colegio Nacional de Abogados de Cuba) and the “Corriente Agramontista” in exile, among others, drafted “La Ley Fundamental de Transición de la República de Cuba” (The Fundamental Law for Transition of the Republic of Cuba). CABA remains hopeful that the document will one day serve as a blueprint for reestablishing the rule of law and democracy in Cuba.
