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Gerardo Hernandez
The defense team of Gerardo Hernandez will apply for habeas corpus on June 14, so the federal court in Miami now has extra time to reconsider the situation of this prisoner.

Habeas Corpus is an ancient common law prerogative writ - a legal procedure to which you have an undeniable right. It is an extraordinary remedy at law.

Upon proper application, or even on  naked knowledge alone, a court is empowered, and is duty bound, to issue the extraordinary Writ of Habeas Corpus commanding one who is restraining liberty to forth with produce before the court the person who is in custody and to show why the liberty of that person is being restrained.

The goal of defense is to get U.S. authorities to reconsider the case.

Gerardo, confined to a maximum security penitentiary in Adelanto,California, could spend a lifetime in prison because he was sentenced in 2001 to two life sentences plus 15 years in prison for conspiracy to commit espionage, using a false identity, not being designated as an agent of a foreign government and conspiracy to murder, the latter an incredible accusation that the prosecution itself was unable to prove and confessed during the trial.

The above uniqueness of habeas corpus, together with anything encouraging in the track record in Miami federal court in its decisions related to Cuba, forcing to tread on eggshells when it comes to issuing any forecast about the possibility of a favorable decision.

The truth is that the political nature of this case indicates that the executive power in a stroke could solve this case, removing a major headache for the courts and, above all, doing something really important to improve relations between both countries.

Rarely does the court of a country have the opportunity again to prove its commitment to justice. Of course it has to thank both the enormous movement of solidarity that has never left the Five, and a defense team that confirms its determination to exploit any formula to end the injustice done to a Cuban anti-terrorist.

By Istvan Ojeda Bello

Source: www.periodico26.cu/

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