This proves there is nothing in a name. If this were a true war on terror there would have been justice served and this terrorist deported! This country should be ashamed of allowing this to continue.
No Venezuela, Cuba return for Cuban exile: judge
Tue Sep 27, 2005 8:45 PM ET
http://today.reuters.com/news/NewsA..._0_US-SECURITY-CUBAN.xml&pageNumber=0&summit=
By Aracely Lazcano
EL PASO, Texas (Reuters) - A U.S. judge has ruled that anti-Castro Cuban exile Luis Posada Carriles may not be deported to Cuba or Venezuela in a case that has raised questions about the Bush administration's "war on terrorism".
Immigration Judge William Abbott found that Posada, a former CIA operative wanted by Venezuela for trial in a 1976 Cuban airliner bombing that killed 73 people, faced the threat of torture in those countries and therefore could not be returned under the United Nations Convention Against Torture, a government spokeswoman said on Tuesday.
"The judge's decision did not rule out the removal of Mr. Posada to another country," said U.S. Immigration and Customs Enforcement spokeswoman Leticia Zamarripa.
"We are carefully reviewing the decision to determine how we will proceed in compliance with this ruling. In the meantime, Mr. Posada will remain in ICE custody," she said.
The Venezuelan government, which contends Posada is a terrorist and has requested his extradition, had no immediate comment about the ruling, but earlier angrily denied that it tortured defendants.
Posada, 77, has been held by the United States since May for illegally coming into the country across the U.S.-Mexican border in Texas.
His case has been widely seen as a difficult one for the Bush administration which says it is fighting a global war on terrorism but also has icy relations with the leftist governments in Cuba and Venezuela.
The case has been closely watched by the politically powerful anti-Castro Cuban-American community, whose leaders say Posada should be released and allowed to live out his years in Miami.
Posada has denied involvement in the 1976 bombing, but has admitted working against Cuban leader Fidel Castro and to a role in the 1961 U.S.-backed Bay of Pigs invasion to overthrow Castro.
In a hearing on Monday, U.S. government lawyers told Abbott they had no evidence Posada would be tortured in Venezuela, but expressed reservations about Venezuela's justice system and, under President Hugo Chavez, the country's "increasingly tight" relations with Cuba.
Chavez and Castro have accused the Bush administration of protecting him because of his links to the CIA.
In a statement after Monday's hearing, the Venezuelan government accused the Bush administration of having a "double standard in its so-called war on terrorism."
Posada attorney Matthew Archambeault said Posada was pleased with Abbott's ruling.
"He's very happy the judge agreed to give him protection against removal to Venezuela or Cuba," he said in a telephone interview.
"We believe 100 percent he would have been tortured if he had been returned there."
Archambeault said the U.S. government has raised the issue of deporting Posada to another country besides Venezuela or Cuba, but no decision has been made.
Posada withdrew an earlier asylum request during hearings in August, but Archambeault said he would apply for U.S. citizenship by the end of this week
Posada can be held up to 90 more days before the government must do something with him, Archambeault said.
"On day 91, we will go into court and seek his release," he said.
No Venezuela, Cuba return for Cuban exile: judge
Tue Sep 27, 2005 8:45 PM ET
http://today.reuters.com/news/NewsA..._0_US-SECURITY-CUBAN.xml&pageNumber=0&summit=
By Aracely Lazcano
EL PASO, Texas (Reuters) - A U.S. judge has ruled that anti-Castro Cuban exile Luis Posada Carriles may not be deported to Cuba or Venezuela in a case that has raised questions about the Bush administration's "war on terrorism".
Immigration Judge William Abbott found that Posada, a former CIA operative wanted by Venezuela for trial in a 1976 Cuban airliner bombing that killed 73 people, faced the threat of torture in those countries and therefore could not be returned under the United Nations Convention Against Torture, a government spokeswoman said on Tuesday.
"The judge's decision did not rule out the removal of Mr. Posada to another country," said U.S. Immigration and Customs Enforcement spokeswoman Leticia Zamarripa.
"We are carefully reviewing the decision to determine how we will proceed in compliance with this ruling. In the meantime, Mr. Posada will remain in ICE custody," she said.
The Venezuelan government, which contends Posada is a terrorist and has requested his extradition, had no immediate comment about the ruling, but earlier angrily denied that it tortured defendants.
Posada, 77, has been held by the United States since May for illegally coming into the country across the U.S.-Mexican border in Texas.
His case has been widely seen as a difficult one for the Bush administration which says it is fighting a global war on terrorism but also has icy relations with the leftist governments in Cuba and Venezuela.
The case has been closely watched by the politically powerful anti-Castro Cuban-American community, whose leaders say Posada should be released and allowed to live out his years in Miami.
Posada has denied involvement in the 1976 bombing, but has admitted working against Cuban leader Fidel Castro and to a role in the 1961 U.S.-backed Bay of Pigs invasion to overthrow Castro.
In a hearing on Monday, U.S. government lawyers told Abbott they had no evidence Posada would be tortured in Venezuela, but expressed reservations about Venezuela's justice system and, under President Hugo Chavez, the country's "increasingly tight" relations with Cuba.
Chavez and Castro have accused the Bush administration of protecting him because of his links to the CIA.
In a statement after Monday's hearing, the Venezuelan government accused the Bush administration of having a "double standard in its so-called war on terrorism."
Posada attorney Matthew Archambeault said Posada was pleased with Abbott's ruling.
"He's very happy the judge agreed to give him protection against removal to Venezuela or Cuba," he said in a telephone interview.
"We believe 100 percent he would have been tortured if he had been returned there."
Archambeault said the U.S. government has raised the issue of deporting Posada to another country besides Venezuela or Cuba, but no decision has been made.
Posada withdrew an earlier asylum request during hearings in August, but Archambeault said he would apply for U.S. citizenship by the end of this week
Posada can be held up to 90 more days before the government must do something with him, Archambeault said.
"On day 91, we will go into court and seek his release," he said.
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