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From: Allen Ruff <[log in to unmask]>
Reply-To: Allen Ruff <[log in to unmask]>
To: [log in to unmask]
Subject: [Fwd: BREAKING NEWS! Posada Granted Asylum]
Date: Tue, 27 Sep 2005 23:56:10 -0500

SO much for the "War on Terror"


 >Subject: BREAKING NEWS! Posada Granted Asylum
 >Priority: normal
 >
 >9-27-05 3:30pm Mountain Time
 >
 >I have just been contacted by The El Paso Times asking for my reaction
 >the news that a U.S. Immigration judge has ruled that terrorist Luis
 >Posada Carriles will be permitted to remain in the U.S.
 >
 >I told the reporter that this outcome was expected since Posada knows
 >too much about U.S. involvement in terrorism throughout Latin America.
 >I added that the judgement sends an unequivocal message of a double
 >standard toward
 >terrorism that will damage U.S. credibility abroad, relations with
 >Latin America and possibly lead to a break in diplomatic relations with
 >Venezuela.
 >
 >It will be interesting to see what sort of protests, if any, this news
 >generates from centrists and pseudo-leftists in the U.S.
 >
 >Watch for the story tomorrow at the El Paso Times
 >http://www.elpasotimes.com/apps/pbcs.dll/frontpage
 >
 >Luis Martin
 >Boletin Latino
 >
 >===================================================
 >National Disgrace - Homeland Security Opts not to Oppose Terrorist
 >
 >Homeland Security and its "Justice Department" chose not to present any
 >evidence at all to oppose the maneuver by world-class terrorist Luis
Posada
 >Carriles' to stay in the US on the basis that he would likely be
"tortured"
 >if he were deported to Venezuela. Although no testimony whatsoever was
 >presented to demonstrate that the Venezuelan government tortures people it
 >arrests and prosecutes, the only testimony heard in the hearings was the
 >statement by a Venezuelan friend of Posada's claiming he was likely to be
 >tortured. Posada's friend, in fact, was part of the previous regime's
 >security forces who did use torture -- that's one of the reasons they were
 >overthrown.The US government could easily have presented witnesses to show
 >that this is no longer the case in Venezuela under the current government,
 >but of course that's not in the US' and Bush dynasty's interest. They need
 >to keep Posada here and happy, because they are implicated in
 >everythinghe's done. So the Justice Department shamefully rested its case
 >presenting NO opposing witnesses to Posada's friend's self-serving lies.
 >This should be a national scandal -- but it's not.Only you can make it one
 >by contacting your local press and government representatives.
 >Sent: Monday, September 26, 2005 12:50 PM
 >Subject: Press Release
 >
 >
 >
 >EMBASSY OF THE BOLIVARIAN
 >REPUBLIC OF VENEZUELA
 >
 >
 >PRESS RELEASE
 >September 26, 2005
 >
 >
 >
 >
 >The Department of Homeland Security (DHS) today in El Paso rested its case
 >in the immigration matter of Luis Posada Carriles. DHS incredibly failed
to
 >put on any evidence or witnesses. It is our understanding that Judge
 >William Abbott took the case under advisement and promised to issue a
 >written decision soon. Judge Abbott also said that he was
 >âEURoeinclinedâEUR? to
 >allow Posada Carriles to stay in the United States under the protection of
 >the Convention Against Torture.
 >
 >Posada is a fugitive from justice in Venezuela, where he is wanted for 73
 >counts of first degree murder involving the downing of a passenger plane
on
 >October 6, 1976.
 >
 >Venezuela formally asked the U.S. Department of State for his extradition
on
 >June 15, 2005. Rather proceeding with the extradition of this self-
 >confessed terrorist to stand trial for murder in Caracas, the U.S.
 >Government has instead turned the case into a minor immigration matter in
El
 >Paso.
 >
 >The Posada case reveals the Bush AdministrationâEUR^(TM)s double
standardin its
 >so-called war on terrorism. Immigration Judges are employees of the
 >Department of Justice who are not authorized to determine whether to
 >extradite or to determine the guilt or innocence of international
 >criminals. Only federal judges may do that.
 >Posada is not eligible to request asylum in the United States, because he
is
 >an aggravated felon. He has therefore withdrawn his asylum application. He
 >is instead applying for relief under the Convention Against Torture (CAT).
 >
 >The legal standard to gain CAT relief is that it is âEURoemore likely than
 >notâEUR? that he would be tortured by the government of Venezuela if
 >returned. Prosecution is neither persecution nor torture. There is no
 >evidence that the government of Venezuela would torture Posada. To grant
 >CAT relief to Posada Carriles is to cynically twist an international
treaty
 >meant to protect innocent victims of torture into an instrument with which
 >to shelter a terrorist.
 >
 >DHS´ failure to contest Posada´s request for Torture Convention relief
 >contradicts the position it took in the recent immigration case involving
 >two Venezuelan Army Officers who violently participated in the 2002
 >attempted coup in Caracas. In that case DHS argued against Torture
 >Convention relief, because of the absence of evidence that Venezuela
 >tortures its prisoners. On the other hand, there is ample evidence that
 >the United States engages in the systematic torture of its own prisoners
at
 >the Guantanamo Naval Base, the Abu Ghraib prison and other facilities.
 >
 >The government of Venezuela reiterates it does not torture its prisoners,
 >and that Luis Posada Carriles will be afforded due process of law upon his
 >extradition to Caracas. Indeed, under our laws, if he is found guilty. As
 >our Foreign Minister Ali Rodriguez Araque said last week, âEURoewe are
willing
 >to put him in a house made of gold and feed him caviar, as long as he is
 >tried in Venezuela, because there is nothing to indicate that we torture
 >people hereâEUR?.
 >
 >Three separate international treaties obligate the U.S. to extradite Luis
 >Posada Carriles: 1. The Extradition Treaty between the United States and
 >Venezuela signed on January 19, 1922, 2. The International Convention on
 >Civil Aviation signed in Montreal on September 23, 1971, and 3. the
 >International Convention for the Suppression of Terrorist Bombings signed
on
 >December 15, 1997.
 >
 >It is well settled law in the United States that the extradition process
has
 >priority over any immigration matters. Venezuela once again calls on the
 >United States government to follow the law and put the immigration matter
in
 >abeyance and proceed with the extradition case of Luis Posada Carriles to
 >Venezuela where is wanted for 73 counts of first degree murder.
 >
 >===================================================================
 >
 >Government doesn't rebut militant's torture claims
 >By ALICIA A. CALDWELL (no URL provided)
 >Associated Press Writer
 >
 >EL PASO, Texas (AP) -- The federal government will not directly rebut
 >a Cuba militant's claims that he would be tortured if sent to
 >Venezuela, lawyers said during a brief hearing Monday.
 >
 >Accused terrorist and Cuban exile Luis Posada Carriles, a former CIA
 >operative being held in El Paso on immigration charges, has argued
 >that he would be tortured if sent to Venezuela to stand trial on
 >charges that he plotted the 1976 bombing of a Cuban jetliner that
 >killed 73 people.
 >
 >Posada, who has denied that he planned the bombing, is accused of
 >illegally crossing into the United States from Mexico in March. He
 >was arrested in Miami in May and is being held in a federal detention
 >center in El Paso.
 >
 >Government lawyers presented no witnesses or evidence during Monday's
 >15-minute hearing. Instead, Gina Garrett-Jackson said the government
 >had concerns about Venezuela's justice system and the country's ties
 >to communist Cuba but no specific evidence that Posada would be
 >tortured if sent there.
 >
 >Immigration Judge William L. Abbott reiterated previous statements
 >that Posada's legal team had proven that he could be tortured if
 >returned to the South American country.
 >
 >"I'm more inclined toward your argument than the government's, but I
 >haven't made up my mind yet," Abbott told Matthew Archambeault, one
 >of Posada's lawyer. Abbott is expected to make a decision within two
 >weeks.
 >
 >The Venezuelan government has not commented publicly on Posada's
 >torture claims.
 >
 >Archambeault has told Abbott that Posada is no longer seeking asylum
 >in the United States and has conceded that the 77-year-old militant
 >could be extradited. Archambeault has argued that any extradition
 >order should be deferred until either the conditions in Venezuela
 >change or another country could be found to accept Posada.
 >
 >The government earlier agreed that Posada, who is Cuban and a
 >naturalized Venezuelan citizen, should not be sent to Cuba.
 >
 >Venezuelan officials have said Posada was in Caracas when he planned
 >the bombing and in recently declassified CIA documents cite an
 >unidentified source who claimed that before the bombing Posada said
 >he and others would "hit a Cuban airplane."
 >
 >(Copyright 2005 by The Associated Press. All Rights Reserved.)
 >
 >APTV 09-26-05
 >1329EDT=================================================================
 >The US government (Homeland Security) had no witnesses, and the matter
 >(deportation deferral based on Torture Protection) was submitted on the
 >previously
 >testimony and exhibits. Judge Abbott said he would issue a written
decision
 >within two weeks, that is, on or before October 10. Since he previously
had
 >ruled
 >that Posada had made a prima facie case for CAT protection, this means
that
 >Posada's deportation and/or extradition to Venezuela will be deferred
 >indefinitely because Venezuela would likely torture him. Homeland can hold
 >him for
 >ninety days, after which they must release him to live freely in US unless
 >it is
 >shown he is a danger to our society.
 >
 >Of interest was the statement of the Homeland Security lawyer Gina
Jackson.
 >She said the US has concerns about the Venezuelan justice system. She
 >claimed
 >there is a a growing lack of human rights there. She referred to the US
 >State
 >Department 2004 country report which referred to "lawyers allegations,"
 >(which
 >the witness Chaffardet had testified he "agreed with.") She said that
while
 >the US has no specific information that Posada would be tortured by
 >Venezuela,
 >it thinks he would likely face torture by Cuba if sent to Venezuela
because
 >of
 >a possibility that Cuba would have access to Posada. She referred to a
 >treaty
 >between Venezuela and Cuba whereby Cuba might have "access" to Posada in
 >Venezuela.
 >
 >No mention was made of extradition. Under extradition law, US could
 >condition
 >extradition on Venezuela's promise not to send Posada to Cuba or give
Cuban
 >officials access to him in Venezuela. Both Cuba and Venezuela have stated
 >many
 >times that he would never be sent to Cuba, that instead his trial for the
 >Cubana airliner bombing should be completed in Venezuela, and he should be
 >dealt
 >with there if found guilty. In fact, Venezuela is the only place where the
 >airliner murders could be tried.
 >
 >Both sides will submit legal memoranda outlining their positions. Posada's
 >lawyer Matttew Archibeau declined to make a statement in court, however I
 >talked
 >to him after the hearing. He denies that extradition takes legal
precedence
 >over deportation and says Judge Abbott's decision (presumably granting CAT
 >protection) will prevent both deportation and extradition. The only
question
 >is
 >whether the statutory "bars" for withholding removal are applicable. He
says
 >they aren't. He feels the only evidence (Chaffardet's testimony)
establishes
 >that
 >Venezuela will torture Posada. As regards Ms. Jackson's statement about
 >fears
 >of Cuban access he says "she wanted to make it look like she did
something."
 >He doubts very much that US would accept any diplomatic assurances from
the
 >Chavez regime.
 >
 >Tom Crumpacker
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