CUBA NEWS
May 8 , 2007

CUBA NEWS
The Miami Herald

Cuban travel rules get tougher

By Wilfredo Cancio Isla, El Nuevo Herald. May 7, 2007.

A new Cuban government regulation that took effect Wednesday will make it more difficult for some Cubans abroad to invite relatives and friends on the island to visit them.

Resolution 87/2007, issued by the Foreign Ministry, requires such invitations to be submitted through Cuban consulates abroad, notarized and in accordance with the laws of the country where they are requested.

But the consulates will ''have the authority to reject the invitation when there are elements that recommend that,'' added the resolution, published in the official gazette.

Many Cubans have long used such invitations as a way of obtaining Cuban government permission to leave the island and remain abroad.

Before the new regulation, the invitations could be certified in Cuba at the International Legal Consultancy, a quasi-government agency with branches in Havana and other parts of Cuba.

That option could speed up the process and make it cheaper, but was open to corruption.

The regulation will affect Cuban Americans who used the Consultancy to certify their invitations, but not those who use U.S.-based travel agencies to handle their invitations. Those agencies already process their invitations through the Cuban consulate in Washington, agency officials said.

''I believe this measure was conceived to rationalize and guarantee the consular work on a process that was totally out of control,'' said Armando García, president of the Marazul travel agency in Miami.

Judge drops charges against Posada

By Jay Weaver And Alfonso Chardy. jweaver@MiamiHerald.com. Posted on Tue, May. 08, 2007.

HAVANA -- A federal judge issued a stunning decision Tuesday when she dismissed the immigration fraud charges against Luis Posada Carriles, the Cuban exile militant who was facing trial starting Friday in El Paso, Texas.

U.S. District Judge Kathleen Cardone issued a lengthy written order scrapping the indictment that accused Posada, 79, of lying to immigration officials about how he sneaked into the country in March 2005.

U.S. officials were caught off guard by Cardone's ruling, saying the Bush administration was just now beginning to weigh its options.

''We are reviewing the decision,'' said Dean Boyd, a Justice Department spokesman in Washington when asked if the government planned to appeal.

Immigration authorities would not say whether they plan to take Posada into custody again.

''We have been notified of the indictment being dismissed, and we'll take appropriate action,'' said Marc Raimondi, a spokesman for U.S. Immigration and Customs Enforcement.

Posada was in El Paso with his lawyer, Arturo Hernandez, celebrating the surprise move by the Bush-appointed judge.

Last month she had granted Posada a $350,000 bond that allowed him to stay with his wife, Nieves, at her West Kendall apartment under 24-hour house arrest. He's scheduled to return to Miami Wednesday, Hernandez's office said.

Officer slain by Cuban draftees is honored

An officer killed in an attempted hijacking when three Cuban draftees went AWOL was laid to rest with full military honors

By Frances Robles. frobles@MiamiHerald.com.

A medal for bravery was awarded posthumously Friday to the Cuban lieutenant colonel taken hostage and killed by AWOL draftees, as he was laid to rest with military honors, the Cuban media reported.

Lt. Col. Víctor Ibo Acuña, a communications officer, was killed early Thursday when two soldiers who had deserted their military base hijacked the city bus he was riding in.

BUS HIJACKING

The conscripts forced the bus to Havana's José Martí Airport, and marched the hostages aboard an empty airliner.

Once in the cabin, an unarmed Acuña, 41, was shot four times when he tried to prevent the hijacking, the Cuban government said.

He left behind a wife and two daughters, ages 9 and 5.

The two deserters were subsequently captured.

They and a third soldier on Sunday fled their military base in Managua, southeast of the airport, the Cuban government said.

In their bold escape attempt, they stole two AK assault rifles and killed another soldier guarding the base.

One of the deserters was captured with help from the community in a massive manhunt that followed.

The man told authorities that the purpose of the escape was to flee the island, the Ministry of Interior said in a statement.

U.S. POLICY BLAMED

The statement, published in today's Cuban newspapers, blamed U.S. immigration policy for encouraging Cubans to migrate illegally.

Acuña, credited for ''heroically trying to avoid this terrorist act'' was buried with full honors in a Pinar del Río funeral.

Photos published by the province's Guerrillero newspaper showed a flag-draped coffin flanked by soldiers wearing fatigues, white gloves and black armbands.

''This is a very painful moment for my family,'' his brother Isidoro Acuña told the Spanish news agency

EFE.

Translator Renato Pérez contributed to this report.

FBI's Cuba trip draws rebuke

Three Cuban-American lawmakers in Washington expressed anger that federal investigators visited Cuba recently to gather evidence against Cuban exile militant Luis Posada Carriles.

By Alfonso Chardy And Jay Weaver, achardy@MiamiHerald.com. Posted on Fri, May. 04, 2007.

South Florida's three Cuban-American members of Congress condemned the Justice Department Thursday for sending Miami FBI agents to Cuba to collect evidence against Luis Posada Carriles in a hotel bombing that killed an Italian in Havana a decade ago.

'By asking a state sponsor of terrorism for 'evidence' regarding terrorism, the Bush administration Justice Department demonstrates a shockingly profound ignorance of the nature of terrorism, of its origins and its state sponsors,'' U.S. Reps. Ileana Ros-Lehtinen and brothers Lincoln and Mario Díaz-Balart said in a statement.

It marked the first official public expression of anger over a heightening grand jury investigation in Newark, N.J. The former CIA-trained explosives expert was detained by immigration agents in Miami-Dade two years ago.

Posada, 79, is under house arrest at his wife's home in West Kendall while he awaits a May 11 trial in Texas on immigration fraud charges unrelated to the bombing.

The three Republican lawmakers blasted the Justice Department on the same day The Miami Herald published an article about the FBI's trip to Cuba in the fall.

Mario Díaz-Balart's office said he would not comment further. The other lawmakers did not return calls, but at least one member of Florida's congressional delegation said members were briefed about the FBI's trip months ago.

The FBI's Miami office and the Justice Department, which is running the hotel bombing investigation, declined to comment.

COOPERATION

The United States and Cuba have cooperated case-by-case on various issues since Fidel Castro seized power in 1959, even in the absence of normal relations. Such cooperation extended to alien smuggling, hijacking and other criminal cases, including a congressional probe of the John F. Kennedy assassination.

''Federal prosecutors and agents travel all over the world searching for evidence of violations of U.S. laws,'' said Miami lawyer David Buckner, the former federal prosecutor who successfully tried five Cuban spies in 2001 and traveled to Cuba with a team to question defense witnesses.

''Sometimes their pursuit of that evidence takes them to places they would rather not be, but they go because they're doing their jobs,'' he said.

Cuba is on the list of the State Department's ''state sponsors of terrorism,'' along with Iran, North Korea, Sudan and Syria. The list does not preclude U.S. officials traveling to those countries.

On Thursday, for instance, Secretary of State Condoleezza Rice met with the Syrian foreign minister and greeted Iran's foreign minister during an international conference on Iraq at an Egyptian resort.

This is not the first time South Florida's Cuban-American lawmakers have intervened in a case dealing with the Cuban exile militant. A few years ago when Posada was imprisoned in Panama for his role in an alleged plot to assassinate Fidel Castro, they lobbied the Panamanian government to pardon Posada along with three fellow exile militants. Then-Panamanian President Mireya Moscoso pardoned the men in August 2004 and released them.

Posada went into hiding. He resurfaced in Miami soon after sneaking into the United States in March 2005. His illegal entry revived the FBI's probe into the hotel bombings.

LACK OF PROGRESS

The investigation had been shut down in 2003 for lack of progress after U.S. authorities failed to get any solid evidence during trips to Cuba from 1998 to 2000.

In the most recent trip, FBI agents were given better access by Cuban officials and were able to interview witnesses, review Cuba's forensic evidence and visit crime scenes, according to three sources familiar with the journey.

The trip may result in a stronger case against Posada, but it only served to exasperate some exiles and the three congressional members.

'The only 'evidence' that the terrorist regime in Havana could provide the United States with regard to the twice-acquitted-in-Venezuela-Mr. Posada or anyone else would be fabricated evidence,'' Ros-Lehtinen and the Díaz-Balart brothers said in their statement.

"The evidence that the Bush administration Justice Department needs to bring forth and stop ignoring is of the murder of U.S. citizens and other crimes committed with impunity by the Castro brothers and their henchmen.''

1976 BOMBING

The congressional members' reference to the Venezuela acquittals pertained to Posada's alleged role in the 1976 bombing of a Cuban jetliner that killed 73 people.

Posada was acquitted by a military court in 1980 in Venezuela but fled prison in 1985 while awaiting retrial in a civilian court.

He has denied any role in the plane assault.

The National Security Archive at George Washington University released documents Thursday from the 1970s related to the Cuban plane bombing. One of the documents included a ''surveillance report'' by a Venezuelan who worked for Posada's private security firm in Caracas. The Venezuelan, Hernan Ricardo Lozano, listed several ''targets'' -- including Cuban jetliner flights, according to the archive.

Ricardo was convicted in Venezuela after Posada fled. Ricardo served about 10 years in prison.

Cuba and Venezuela have demanded that Posada be extradited or prosecuted for the hotel bombings and the deadly attack on the Cuban jetliner. Posada initially claimed credit for masterminding the tourist-site attacks, but he later retracted the claim.

FBI, Cuba cooperating on Posada

U.S. authorities have stepped up their probe of a 1997 Havana bombing as Cuban exile militant Luis Posada Carriles awaits trial on other charges in Texas.

By Alfonso Chardy, Oscar Corral And Jay Weaver, ocorral@MiamiHerald.com. Posted on Thu, May. 03, 2007.

The FBI office in Miami has been quietly gathering evidence on a 1997 bombing that killed an Italian man at a Havana hotel, with agents traveling to the Cuban capital recently to see if they can link Cuban exile militant Luis Posada Carriles to the attack.

The extraordinary effort at cooperation between the two countries underscores their shared goal to pin the plot on Posada, the focus of a federal grand jury probe in Newark, N.J. Posada, a former CIA operative trained in explosives, is under house arrest at his wife's West Kendall apartment as he awaits trial on immigration fraud charges unrelated to the bombing.

''Anything that comes from Cuba is fruit of the poisonous tree,'' said Posada's attorney, Arturo Hernandez. "We deny these charges, and we will vigorously defend Mr. Posada against them if they ever come to fruition. This is part of the Castro regime's full-court press against my client.''

Human rights and exile groups ask how Cuba's justice system can be trusted when it routinely jails dissidents and journalists with scant evidence.

The Cuban Interests Section in Washington did not return phone calls Wednesday seeking comment.

The 79-year-old Posada, a hero to exiles for his anti-Castro exploits, has long been considered a suspect in the bombing but avoided criminal scrutiny until he showed up in Miami in March 2005.

Publicly, the Cuban government has accused the Bush administration of coddling Posada, but a behind-the-scenes détente allowed FBI agents to visit the island in fall 2006.

'AMAZING' JOURNEY

Three federal law enforcement officers familiar with the case described the trip as ''pretty amazing'' and ''unheard of'' because Cuba had for years blocked FBI access to witnesses, crime scenes, forensic evidence and more information in the bombing.

The Miami Herald agreed not to name the officers because of the ongoing grand jury investigation.

The sources said the trip was very productive because agents were able to interview witnesses, review Cuba's forensic evidence -- including bombing materials -- and visit crime scenes, though they declined to say exactly what information was gathered.

The last time the two countries collaborated on the hotel bombing was in 2000, according to testimony during the ''Cuban Five'' spy trial in Miami. But during those trips to Havana, the FBI agents and a Miami-Dade police officer obtained only newspaper reports and biographies of the accused, not actual evidence.

The bombing case stalled until August 2003, when the FBI and U.S. attorney's office said they shut down the probe and destroyed some evidence as a routine matter -- only to kick-start it after Posada's illegal entry into the country in 2005. The Justice Department's counterterrorism division is running the probe.

The New Jersey grand jury is investigating a group of Cuban exiles suspected of wiring money to Central America to finance Posada's alleged bombing campaign to harm Cuba's tourism industry.

U.S. and Cuban government documents show striking similarities in their separate investigations into Posada. Two summaries -- one by the FBI, the other by Cuba's chief prosecutor -- allege a conspiracy stretching from New Jersey to Miami to Central America that climaxes in Havana.

Affidavits, faxes and statements from the FBI's files and Cuba point to Posada as the mastermind who coordinated donations, recruits and explosives for alleged bombing missions between 1993 and 1998.

''[T]he FBI is unable to rule out the possibility that Posada Carriles poses a threat to the national security of the United States,'' FBI agent Thomas Rice wrote in a June 10, 2005, affidavit, a month after immigration agents arrested Posada in Miami.

The FBI's spokeswoman in Miami, Judy Orihuela, declined to comment.

One suspected financier interviewed by the grand jury, José Gonzálo, denied involvement. ''I have nothing to do with that,'' said Gonzálo, 44, who lives in Union City, N.J., with his father Ruben, who was also summoned to testify.

FBI'S ACCOUNT

The American version of events alleges Posada hid plastic explosives in shampoo bottles and shoes to be smuggled into Cuba just weeks before the Sept. 4, 1997, fatal bombing at the Copacabana Hotel.

The FBI's account is based largely on information from a Cuban-American businessman who set up a utility company in Guatemala City, where he encountered Posada on several occasions.

In late August 1997, the businessman said he and a co-worker discovered ''what appeared to be explosive materials'' in the company's office, where Posada regularly met with two other workers. The businessman later told the FBI the materials consisted of 22 transparent plastic tubes filled with a tan substance. They were labeled with the name of the manufacturer and ''high-power explosives, extremely dangerous,'' in Spanish.

During the FBI's initial probe of the 1997 Cuba bombing, agents collected records showing about $19,000 in wire transfers from the United States to ''Ramon Medina,'' one of Posada's aliases, in El Salvador and Guatemala between Oct. 30, 1996, and Jan. 14, 1998.

In his 10-page affidavit, Rice refers to an Aug. 25, 1997, fax intercepted by the Cuban-American businessman's co-worker at the Guatemala utility company. The cryptic fax is signed Solo. U.S. authorities think Posada sent the fax from El Salvador to the company, addressed to two alleged co-conspirators. Handwritten in Spanish, it refers to wire money transfers totaling $3,200 from four men in Union City, N.J., to pay a "hotel bill.''

CUBA'S SUMMARY

The Cuban government's summary, which The Miami Herald obtained from records filed in Panama, relies on the account of Percy Francisco Alvarado Godoy, a Guatemalan working for Cuban intelligence.

In his 16-page written statement, Alvarado Godoy claims to have secretly infiltrated the Cuban American National Foundation in 1993. He maintains that Alfredo Domingo Otero, who he describes as linked to the foundation, instructed him to travel to Guatemala, where he allegedly received the explosives-filled shampoo and conditioner bottles from Posada and a co-conspirator identified only as "Pumarejo.''

Alvarado Godoy turned over the bombing materials to Cuban state security and identified Posada in a photo lineup as his handler, the Cuban records say.

The FBI's affidavit makes no mention of the foundation or Alvarado Godoy.

Cuba sent Alvarado Godoy's statement to Panama in 2000 as part of an extradition request for Posada, who was arrested with several other exiles for allegedly plotting to assassinate Fidel Castro during a presidential summit. He was later pardoned and released.

Panama declassified those documents at the request of The Miami Herald in 2005 after Posada arrived in Miami.

Jose Antonio Llama, a former member of the Cuban American National Foundation, told The Miami Herald last week that he attended meetings where bombing a Cuban hotel was discussed in the mid-1990s by a few members who had formed a secret grupo belico, or war group.

Llama, who said Posada was not part of the alleged plot, attributed the idea of the tourist site bombings to Arnaldo Monzón Plasencia, an ex-foundation member from New Jersey who has since died.

''He had a plan, the bombs in the hotel in Cuba,'' Llama said. "The war group was involved in obtaining democracy in Cuba by whatever means.''

Llama had a falling out with the foundation over money he says group leaders owed him for buying equipment allegedly intended to attack Cuban government interests.

'PEACEFUL TRANSITION'

The foundation responded in a statement:

"For over 26 years, we have advocated for a peaceful transition towards democracy in Cuba, one without bloodshed and rancor. Any statements made by Mr. Llama to the contrary are patently false, and any similarly baseless accusations made by the Castro regime should be viewed as a further attempt to shift attention away from the terror and repression they have inflicted on the Cuban people for over 48 years.''

Cuba convicted two Salvadorans -- Otto René Rodríguez Llerena and Raúl Ernesto Cruz León -- of placing bombs at Havana tourist sites in 1997.

The Cuban government says a bomb planted by Cruz León at the Copacabana Hotel killed Italian tourist Fabio Di Celmo, whose family is seeking Posada's prosecution.

SEEK PROSECUTION

Fidel Castro and his ally, Venezuelan President Hugo Chávez, have demanded the United States turn over Posada for prosecution in the Havana attack and the 1976 bombing of a Cuban airliner that killed 73 people. An immigration judge ruled Posada could not be returned to either country because he could be tortured.

As Posada waits in Miami for the start of his immigration fraud trial May 11 in El Paso, the Havana bombing could emerge as the only alleged act of terrorism for which the United States may try Posada.

2 officers killed as 3 Cubans desert

By Nancy San Martin, nsanmartin@MiamiHerald.com. Posted on Thu, May. 03, 2007.

A Cuban military officer and a soldier were killed when three young recruits deserted their base and then tried to hijack a plane to the United States Thursday, a Cuban Interior Ministry statement said.

Two of the conscripts, who were captured, killed a lieutenant colonel they took hostage in the failed hijack attempt at Havana's José Marti International Airport, the statement said.

They and a third conscript, captured earlier, had killed a soldier and wounded another when they deserted April 29 from their military base and made off with two AK-47 assault rifles, the Interior Ministry statement added.

The statement said the two captured at the airport had hijacked a bus with several passengers, guided it to the airport and entered a plane that had no crew or passengers.

''One inside the airplane the murderers killed one of the hostages, Revolutionary Armed Forces Lt. Colonel Victo Ibo Acuña Velasquez, who even though he was not armed tried heroically to avert this terrorist act,'' it said.

News services in Havana reported that the airport shooting occurred around 4 a.m. Human rights activist Elizardo Sanchez said in telephone calls from Havana that he had reports that relatives of the two conscripts at the airport had persuaded them to surrender.

Military officers had been distributed wanted leaflets showing the photos of the three and identifying them as Alain Forbus Lameru, 19, Yoan Torres Martinez, 21, and Leandro Cerezo Sirut, 19, all from eastern Camagüey province. The leaflets said they were armed and dangerous.

A massive police operation has been under way since Saturday and security at the airport was fortified. Access to the airport on Thursday was limited but passengers arriving in Miami on a flight from Havana Thursday afternoon said they had seen nothing of the bloody events.

Media reports from Havana said the two conscripts had tried to hijack a Boeing 737 operated by the Spanish Hola Airline.

The conscripts deserted from the Managua military base, some 15 miles southeast of the airport, which houses an elite armored unit and serves as a training facility.

The shooting follows another violent incident involving conscripts on Dec. 20 at the El Manguito prison, just outside the eastern city of Santiago de Cuba. Three conscripts working as guards reportedly opened fire on their superior officers and broke away from their posts. They were captured later.

Despite the similarities, Cuba military experts said they believed the two incidents seemed isolated and did not indicate a growing problem within the military, now estimated to have between 50,000 and 60,000 full-time personnel.

''This does not demonstrate or show a pattern of discontent,'' said Frank Mora, a National War College professor who studies the Cuban military. "It does not demonstrate a political problem or break in the military institution.''

Conscripts are required by law to serve at least two years in the military. ''Usually, those who are doing this are not people of certain means or political influence,'' Mora said.

Conscripts are involved in an array of duties -- from agricultural work to security. They earn a small monthly stipend though are provided with housing and food. Mora said there are no recent reports of abuse or hazing against conscripts.

The Interior Ministry statement blamed U.S. policies for encouraging Cubans to migrate illegally to the United States. ''The responsibility for these new crimes lies with the highest-ranking authorities of the United States, adding to the long list of terrorist acts that Cuba has been the victim of for nearly half a century,'' it said.

Raúl Castro's reforms put on hold

Fidel Castro was a no-show at Tuesday's May Day parade, but he still casts a long shadow over his brother

By Frances Robles. frobles@MiamiHerald.com. Posted on Wed, May. 02, 2007.

Underlining the impression that hopes for reforms in Cuba following Fidel Castro's health crisis have now stalled amid reports of his recovery, interim leader Raúl Castro silently presided over a massive May Day parade Tuesday.

The 80-year-old Fidel did not show up despite widespread speculation that he would make his first public appearance since undergoing intestinal surgery almost exactly nine months ago.

Instead there was only Raúl Castro, who did not speak a word before the hundreds of thousands of people gathered at Havana's Plaza de la Revolución.

It was a dramatic shift from the long and blustery Castro speeches that Cubans had grown accustomed to -- Castro spoke for three hours at last year's May Day celebration -- and underscored the uncertainty facing Cubans about who is really in charge.

''The longer Fidel is alive, the more it impedes Raúl's consolidation of power,'' said Andy Gómez, a senior fellow at the University of Miami's Institute of Cuban and Cuban-American Studies. "When you take a look at history, you see dictators that have hung on. . . . It has always impacted the new person coming into play.

"The longer Fidel remains alive, the question inside the Cuban regime is going to be: Is Raúl really calling the shots or is Fidel?''

Fidel Castro did not show despite widespread speculation that he would make his first public appearance since shortly before July 31 -- when the government announced that intestinal bleeding required him to temporarily turn power over to his brother, who is seen as more pragmatic and open to economic reforms.

REFORMS HALTED

But in recent weeks Fidel Castro's health has appeared to improve, and some experts believe that he has now put the brakes on any reform-minded projects.

In the first months of Castro's sickness, there was much talk about the systemic failures of the revolutionary system -- failures that Castro had long blamed on Washington or corrupt Cubans. That clamor now has dropped to a whisper. Unprecedented investigative journalism reports published in the Cuban state media for several months have stopped. The papers are back to running blistering anti-U.S. rhetoric.

And an academic commission formed to study problems with the system of socialist property -- the government owns just about everything -- recently announced it would issue a report in three years.

''Months ago they were admitting systemic problems, saying this system is not working the way it should. They are not saying that anymore,'' said Brian Latell, a former top CIA Cuba analyst. ''Is this Fidel's show, or is there a hard-liner Fidelista group persuading Raúl to slow all that?'' Latell said it's unclear whether Fidel is recovering and putting a stop to his brother's projects, or hard-liners are exerting more influence on Raúl.

''It may be a combination of a fear in the current leadership of repudiating policies long cherished by Fidel while he is still alive and aware,'' he said.

Elizardo Sánchez, who heads the illegal but tolerated Commission on Human Rights and National Reconciliation, had another theory: "The idea that [Fidel Castro] . . . is opposed to reform can serve as a cover story for his brother and others to justify inaction, immobilization and paralysis.

"While the comandante is in charge and can see and hear what is around him, nothing is going to happen.''

Sánchez said he believes the majority of the mid and lower-level bureaucrats are eager for reform, but they have always been stymied by Fidel and a close circle of followers.

RAUL'S TENURE

To be sure, Raúl's nine months on the job have not been without power. But while many Cuba-watchers expected him to embrace economic reforms, he has instead cracked down on illegal businesses and off-the-books work. A law that went into effect last month requires people to show up to their jobs on time -- and work.

''I would say Fidel has not stopped any reforms, because there have been no reforms,'' Eloy Gutiérrez Menoyo, a former Cuban exile who returned to Cuba to fight the government from the inside, said by phone from Havana.

"If he could act without the guidance of Fidel, Raúl could perhaps offer some light reforms. It's not that Raúl is interested in reforms. It's that Cuba requires change. I don't perceive reforms of any kind. On the contrary, he is demanding more of the worker.''

 

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