Click amount to donate direct to CounterPunch
  • $25
  • $50
  • $100
  • $500
  • $other
  • use PayPal
Support Our Annual Fund Drive! We only shake you down once a year, but when we do we really mean it. It costs a lot to keep the site afloat, and our growing audience, well over TWO million unique viewers a month, eats up a lot of bandwidth — and bandwidth isn’t free. We aren’t supported by corporate donors, advertisers or big foundations. We survive solely on your support.
FacebookTwitterGoogle+RedditEmail

A Decision in the Posada Case

by JOSÉ PERTIERRA

A federal district court in El Paso, Texas, accepted many of the Government’s arguments, not allowing certain evidence in the case of Luis Posada Carriles to be made public.  Posada is scheduled for trial on perjury charges in March of 2010.

The Judge imposed a protective order on part of the evidence that will be used at trial.  Specifically, Judge Kathleen Cardone ordered a protective seal around tapes and transcriptions that journalist Ann Louise Bardach made in the course of interviewing Posada Carriles in 1998 concerning terrorist actions that he masterminded the previous year.

The judge’s decision, is incredibly, and based on the journalist’s right to “sell her material and she is entitled to the proceeds of that sale.”  The Court concluded that “Ms. Bardach should not . . . lose control over that material.”

The economic interests of a journalist to sell her tape recordings, or a book based on those recordings, ought not take precedence over the public’s right to know, as well as the rights of the families affected by the terrorist acts to review the evidence.  This decision is a sad reflection of what is truly most important in this society:  business above all else.

Fabio DiCelmo, the young Italian that Posada brutally murdered in Havana on September 4, 1997, left behind a family that grieves his absence:  Giustino and Ora, his parents, as well as Livio his brother.  They, and also the public, ought not have to await the publication of a book that they would subsequently have to purchase in order to review the taped interviews of Posada Carriles.

During all of the legal vicissitudes that we will come across in the coming months relating to the trial of Posada Carriles in El Paso, we must not lose sight that the terrorist has 73 counts of first degree murder pending in Caracas in relation to the downing of a passenger plane.

The charges that are pending against Posada in Caracas are much more serious than those pending in El Paso.  Perjury is a poor substitute for 73 counts of first degree murder, and a murder prosecution ought take precedence.

The Montreal Convention for the Suppression of Illicit Acts for the Protection of Civil Aviation, signed in Montreal in 1971, obligates Washington to try Posada in the United States for 73 counts of first degree murder, if it decides not to extradite him.

Posada Carriles is an international fugitive from justice.  He fled from a Venezuelan prison to escape justice.  If it does not extradite him to Venezuela, the United States is legally obligated to prosecute him for the downing of the plane.  Why doesn’t Washington abide by its obligations under international law?  This is the heart of the matter.

JOSÉ PERTIERRA represents the government of Venezuela in the extradition case against Luis Posada Carriles.

 

 

 

 

 

 

 

José Pertierra is an attorney in Washington, DC.

More articles by:

2016 Fund Drive
Smart. Fierce. Uncompromised. Support CounterPunch Now!

  • cp-store
  • donate paypal

CounterPunch Magazine

minimag-edit

September 28, 2016
Eric Draitser
Stop Trump! Stop Clinton!! Stop the Madness (and Let Me Get Off)!
Ted Rall
The Thrilla at Hofstra: How Trump Won the Debate
Robert Fisk
Cliché and Banality at the Debates: Trump and Clinton on the Middle East
Patrick Cockburn
Cracks in the Kingdom: Saudi Arabia Rocked by Financial Strains
Lowell Flanders
Donald Trump, Islamophobia and Immigrants
Shane Burley
Defining the Alt Right and the New American Fascism
Jan Oberg
Ukraine as the Border of NATO Expansion
Ramzy Baroud
Ban Ki-Moon’s Legacy in Palestine: Failure in Words and Deeds
David Swanson
How We Could End the Permanent War State
Sam Husseini
Debate Night’s Biggest Lie Was Told by Lester Holt
Laura Carlsen
Ayotzinapa’s Message to the World: Organize!
Binoy Kampmark
The Triumph of Momentum: Re-Electing Jeremy Corbyn
David Macaray
When the Saints Go Marching In
Seth Oelbaum
All Black Lives Will Never Matter for Clinton and Trump
Adam Parsons
Standing in Solidarity for a Humanity Without Borders
Cesar Chelala
The Trump Bubble
September 27, 2016
Louisa Willcox
The Tribal Fight for Nature: From the Grizzly to the Black Snake of the Dakota Pipeline
Paul Street
The Roots are in the System: Charlotte and Beyond
Jeffrey St. Clair
Idiot Winds at Hofstra: Notes on the Not-So-Great Debate
Mark Harris
Clinton, Trump, and the Death of Idealism
Mike Whitney
Putin Ups the Ante: Ceasefire Sabotage Triggers Major Offensive in Aleppo
Anthony DiMaggio
The Debates as Democratic Façade: Voter “Rationality” in American Elections
Binoy Kampmark
Punishing the Punished: the Torments of Chelsea Manning
Paul Buhle
Why “Snowden” is Important (or How Kafka Foresaw the Juggernaut State)
Jack Rasmus
Hillary’s Ghosts
Brian Cloughley
Billions Down the Afghan Drain
Lawrence Davidson
True Believers and the U.S. Election
Matt Peppe
Taking a Knee: Resisting Enforced Patriotism
James McEnteer
Eugene, Oregon and the Rising Cost of Cool
Norman Pollack
The Great Debate: Proto-Fascism vs. the Real Thing
Michael Winship
The Tracks of John Boehner’s Tears
John Steppling
Fear Level Trump
Lawrence Wittner
Where Is That Wasteful Government Spending?
James Russell
Beyond Debate: Interview Styles of the Rich and Famous
September 26, 2016
Diana Johnstone
The Hillary Clinton Presidency has Already Begun as Lame Ducks Promote Her War
Gary Leupp
Hillary Clinton’s Campaign Against Russia
Dave Lindorff
Parking While Black: When Police Shoot as First Resort
Robert Crawford
The Political Rhetoric of Perpetual War
Howard Lisnoff
The Case of One Homeless Person
Michael Howard
The New York Times Endorses Hillary, Scorns the World
Russell Mokhiber
Wells Fargo and the Library of Congress’ National Book Festival
Chad Nelson
The Crime of Going Vegan: the Latest Attack on Angela Davis
Colin Todhunter
A System of Food Production for Human Need, Not Corporate Greed
Brian Cloughley
The United States Wants to Put Russia in a Corner
Guillermo R. Gil
The Clevenger Effect: Exposing Racism in Pro Sports
FacebookTwitterGoogle+RedditEmail
[i]
[i]
[i]
[i]