The Atlanta court revoked the decision made by a three-judge panel of the same court a year ago. After reviewing the Five's appeal, the panel had annulled the biased trial held in Miami in which the Cuban Five received long and unjust prison terms totalling four life sentences and 77 years. The objective conduct, transparency and professionalism shown by these three respected and experienced judges created hope that finally justice had prevailed. The 93-page opinion issued last year by the panel pointed to the clearly anti-Cuba character of the trial of the Five, showing that this manipulation, as well as pressures and threats against the jury, was a product of right wing forces in Miami.

The fairness and rigor of the document --now rejected by 10 of the 12 members of the court --sustained expectations of a positive outcome for the accused. This hope remained alive despite the fact that the 11th Circuit Court of Appeals had accepted a revision of the recommendation, which occurs only in exceptional situations. Those that have followed the case know that this proceeding was corrupt from the start. From the
moment the Cuban Five were arrested in September 1998 their treatment was characterized as "arbitrary and illegal" by the UN Woking Group on Arbitrary Detentions. Now the decision of the 11th Circuit Court of Appeals confirms that political manipulation has contaminated that institution, ignoring basic precepts of justice.

Distinguished US attorney Leonard Weinglass, the head of the defense team for the Five, said, "We, as well as the minority (referring to the two judges that voted against the decision), had the sensation that the majority's opinion completely ignored the coercive atmosphere that exists and which has existed for years in Miami, against anyone who is related with the Cuban government. And it was precisely that atmosphere that interfered and denied the accused an impartial trial."

"The court ignored the hostility against Cuba that reigns in a city dominated by right wing Cuban American elements," said the US attorney.

Weinglass, as well as Atlanta Court of Appeals judges Birch and Kravish, characterized this case as a "perfect storm of injustice."

The process will continue. In the legal point of view this is not the end of the proceeding, but it is obvious that the case is politicized, and that it is as indispensable as ever that the world public, particularly people in the US, learn of the dirty manoeuvring against Gerardo Hernandez, Rene Gonzalez, Antonio Guerrero, Ramon Labanino and Fernando Gonzalez.