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:
May 25, 2016
Eric Draitser
Obama in Hiroshima: A Case Study in Hypocrisy
Ryan Mallett-Outtrim
Does Venezuela’s Crisis Prove Socialism Doesn’t Work?
Dan Arel
The Socialist Revolution Beyond Sanders and the Democratic Party
Marc Estrin
Cocky-Doody Politics and World Affairs
Sam Husseini
Layers of Islamophobia: Do Liberals Care That Hillary Returned “Muslim Money”?
Susan Babbitt
Invisible in Life, Invisible in Death: How Information Becomes Useless
Mel Gurtov
Hillary’s Cowgirl Diplomacy?
Kathy Kelly
Hammering for Peace
Dick Reavis
The Impeachment of Donald Trump
Wahid Azal
Behind the Politics of a Current Brouhaha in Iran: an Ex-President Ayatollah’s Daughter and the Baha’is
Jesse Jackson
Obama Must Recommit to Eliminating Nuclear Arms
Colin Todhunter
From the Green Revolution to GMOs: Living in the Shadow of Global Agribusiness
Binoy Kampmark
Turkey as Terror: the Role of Ankara in the Brexit Referendum
Dave Lindorff
72-Year-Old Fringe Left Candidate Wins Presidency in Austrian Run-Off Election
May 24, 2016
Sharmini Peries - Michael Hudson
The Financial Invasion of Greece
Jonathan Cook
Religious Zealots Ready for Takeover of Israeli Army
Ted Rall
Why I Am #NeverHillary
Mari Jo Buhle – Paul Buhle
Television Meets History
Robert Hunziker
Troika Heat-Seeking Missile Destroys Greece
Judy Gumbo
May Day Road Trip: 1968 – 2016
Colin Todhunter
Cheerleader for US Aggression, Pushing the World to the Nuclear Brink
Jeremy Brecher
This is What Insurgency Looks Like
Jonathan Latham
Unsafe at Any Dose: Chemical Safety Failures from DDT to Glyphosate to BPA
Binoy Kampmark
Suing Russia: Litigating over MH17
Dave Lindorff
Europe, the US and the Politics of Pissing and Being Pissed
Matt Peppe
Cashing In at the Race Track While Facing Charges of “Abusive” Lending Practices
Gilbert Mercier
If Bernie Sanders Is Real, He Will Run as an Independent
Peter Bohmer
A Year Later! The Struggle for Justice Continues!
Dave Welsh
Police Chief Fired in Victory for the Frisco 500
May 23, 2016
Conn Hallinan
European Union: a House Divided
Paul Buhle
Labor’s Sell-Out and the Sanders Campaign
Uri Avnery
Israeli Weimar: It Can Happen Here
John Stauber
Why Bernie was Busted From the Beginning
James Bovard
Obama’s Biggest Corruption Charade
Joseph Mangano – Janette D. Sherman
Indian Point Nuclear Plant: It Doesn’t Take a Meltdown to Harm Local Residents
Desiree Hellegers
“Energy Without Injury”: From Redwood Summer to Break Free via Occupy Wall Street
Lawrence Davidson
The Unraveling of Zionism?
Patrick Cockburn
Why Visa Waivers are Dangerous for Turks
Robert Koehler
Rethinking Criminal Justice
Lawrence Wittner
The Return of Democratic Socialism
Ha-Joon Chang
What Britain Forgot: Making Things Matters
John V. Walsh
Only Donald Trump Raises Five “Fundamental and Urgent” Foreign Policy Questions: Stephen F. Cohen Bemoans MSM’s Dismissal of Trump’s Queries
Andrew Stewart
The Occupation of the American Mind: a Film That Palestinians Deserve
Nyla Ali Khan
The Vulnerable Repositories of Honor in Kashmir
Weekend Edition
May 20, 2016
Friday - Sunday
Rob Urie
Hillary Clinton and Political Violence
FacebookTwitterGoogle+RedditEmail