September 29, 2006
Thank you for contacting me to express your concern about the
case of Luis Posada Carriles, who is currently being held in U.S.
custody. I appreciate hearing from you.
As you may know, Mr. Posada, a 77-year-old Cuban national, was
detained in May 2004 by Department of Homeland Security agents
and has been charged with illegally entering the United States. Mr.
Posada claims to have entered the U.S. seeking political asylum.
His arrest has been a significant source of controversy and tension,
as both Cuban and Venezuelan officials continue to demand his
immediate extradition to Venezuela, where he is a naturalized
citizen. Venezuela intends to try Mr. Posada for allegedly
masterminding the bombing of a Cuban airliner in 1976, an attack
which killed 73 people, including several Venezuelan citizens.
Along with several other suspected militants, Posada was
originally arrested in Venezuela just days after the airline bombing
in October of 1976. He was initially tried for treason by a
Venezuelan military tribunal, which acquitted him. Government
prosecutors appealed this decision to a second, higher military
tribunal, which in turn ordered the case to be re-tried by a
civilian
court. His acquittal was nullified in March 1983. In 1985, in the
midst of his civilian trial, Mr. Posada escaped from prison before a
verdict was reached.
While Cuba holds Mr. Posada responsible for his alleged
involvement in the 1997 bombing of Havana hotels, the
Venezuelan government maintains that it would not extradite Mr.
Posada to Cuba. The Cuban government reportedly denies seeking
extradition.
In 2000, Panama convicted and sentenced Mr. Posada to eight
years in prison for an assassination attempt against Cuba's leader,
Fidel Castro, during a summit held in Panama. He was pardoned
in 2004.
Declassified U.S. documents released in May 2005 link Mr.
Posada to the bombing of the Cuban jet, and indicate that he
worked for the CIA at least from 1965 until June 1976. On June
17, 2005, the U.S. Justice Department rejected Venezuela's request
for his extradition, asserting it had not provided proper supporting
evidence. According to Secretary of State Condoleezza Rice, Mr.
Posada's case is being handled by the Department of Homeland
Security, and not the State Department.
On September 26, 2005, Department of Homeland Security
Immigration and Customs Enforcement (ICE) Judge William L.
Abbott ruled that Mr. Posada would not be deported back to
Venezuela but did not rule out possible deportation to a third
country. A 30-day limit to appeal the decision expired on October
26, 2005. On September 11, 2006, a U.S. federal judge
recommended the release of Mr. Posada from the immigration
detention center in Texas where he is being held. Because Mr.
Posada has not been classified as a terrorist, the judge ruled that
his
continued detention violated a Supreme Court decision barring
indefinite detention for foreign nationals who cannot be deported
and that he must be released by September 25. On September 26,
2006, another federal judge granted the U.S. government an
extension to file a formal objection, which will expire on October
5, 2006. In the meantime Mr. Posada remains in custody.
I share your concern about the implications of this case for the
U.S.
government and U.S. relations with Venezuela, and I will continue
to monitor this case closely. Thank you for contacting me. I
welcome any further comments you may have on this or other
issues of concern to you.
Sincerely,
Russell D. Feingold
United States Senator
If you wish to contact me again, please visit
http://feingold.senate.gov/contact.html.