Written answers
Tuesday, 17 June 2008
Department of Foreign Affairs
Diplomatic Representation
11:00 pm
Finian McGrath (Dublin North Central, Independent)
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Question 491: To ask the Minister for Foreign Affairs if he will support the Miami Five Case in the USA following the latest decision by the 11th Circuit Court of Appeals in Atlanta, Georgia to uphold the convictions of the five. [22997/08]
Micheál Martin (Cork South Central, Fianna Fail)
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I am aware that, on 4 June 2008, the 11th Circuit Court of Appeals in Atlanta, Georgia, issued its judgement on appeals lodged on behalf of the five Cuban citizens known as the Miami Five, who were originally convicted in the US in 2001 on charges ranging from espionage to first degree murder.
The Circuit Court concluded that the appellants' arguments, which centred on the suppression of evidence, sovereign immunity, discovery, jury selection, and the trial itself, were meritless and that there was sufficient evidence to support each conviction. The sentences of two of the defendants were affirmed, while the remaining three men have been sent for re-sentencing.
It is my understanding that the defendants' legal counsel is considering other avenues for appeal, including recourse to the US Supreme Court. As the Deputy has been advised previously, the Government has no standing in this matter, which is a bilateral consular question between the US and the Cuban authorities and, consequently, I do not intend to pursue this matter.
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