Fact Sheet on February 24, 1996 Brothers to the Rescue Shoot down

 “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”― John Adams, Boston Massacre trial (1770)

February 24, 1996 shoot down was an act of state terrorism that blew two civilian aircraft out of the sky with air to air missiles while in international airspace after regime planned the act months beforehand with its espionage network in the United States.
 
 FACT 1: By definition: Terrorism is the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear)

Source: Wordnet Search http://wordnetweb.princeton.edu/perl/webwn?s=terrorism  


FACT 2: Cuba is responsible for violating the right to life (Article I of the American Declaration of the Rights and Duties of Man) to the detriment of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, who died as a result of the direct actions of its agents on the afternoon of 24 February 1996 while flying through international airspace.

Source: Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 3: Cuba is responsible for violating the right to a fair trial (Article XVIII of the American Declaration of the Rights and Duties of Man) to the detriment of the relatives of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, in that to date the Cuban authorities have not conducted an exhaustive investigation with a view toward prosecuting and punishing the perpetrators and have not indemnified those same relatives for the damage they suffered as a result of those illicit acts.

Source: Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 4: In Alejandre v. Republic of Cuba, 996 F.Supp. 1239 (S.D.Fla. 1997), a federal district court awarded the families of three of the four occupants of the “ Brothers to the Rescue” planes shot down by Cuba in 1996 a total of $187.7 million in damages against Cuba.

Source: Lawsuits Against State Supporters of Terrorism: An Overview by Jennifer K. Elsea  
https://fas.org/sgp/crs/terror/RS22094.pdf

FACT 5: WASP spy network was involved. One of the “illegal officers” (Gerardo Hernandez) was convicted of conspiracy to commit first-degree murder based on his role in the February 24, 1996, shoot-down of two unarmed civilian aircraft in international airspace by Cuban Air Force jet fighters, which resulted in the deaths of four people, three of them U.S. citizens.

Source: Department of Justice on Obama Commutations https://www.justice.gov/d9/pages/attachments/2017/08/30/commutation_grants_-_december_15_2014.pdf

FACT 6: Brothers to the Rescue had spotted and saved thousands of rafters in the Florida Straits and was engaged in such a mission on that day. The one plane that skirted the boundary briefly was the only one to return. The other two were shotdown miles away from Cuba’s boundary having never entered or touched it on that day and the planes had been in contact with the Cuban tower throughout the flight.

Source: ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 7: On July 26, 1996 the United Nations Security Council: "Noting that the unlawful downing of two civil aircraft on 24 February by the Cuban Air Force violated the principle that States must refrain from using weapons against airborne civil aircraft, the Security Council this afternoon condemned such use as being incompatible with the rules of customary international law "

Source: ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 8: Ana Belen Montes, the US intelligence community's top analyst on Cuban affairs had throughout a sixteen-year career at the Defense Intelligence Agency sent the Cuba intelligence service sensitive and secret information and helped to shape US opinion on Cuba. Investigation against her was triggered by her odd behavior before and after the Brothers to the Rescue shoot down. On September 21 2001 Ana Belen Montes was arrested and subsequently charged with Conspiracy to Commit Espionage for the government of Cuba. Montes eventually pleaded guilty to spying, and in October, 2002, she was sentenced to a 25-year prison term followed by 5 years of probation.

Source: True Believer: Inside the Investigation and Capture of Ana Montes, Cuba's Master Spy http://www.amazon.com/True-Believer-Inside-Investigation-Capture/dp/1591141001

FACT 9: On December 27, 2010 and again in a January 19, 2011 clarification the defense of Cuban spy-master Gerardo Hernandez acknowledged that "there was overwhelming evidence that the 1996 shoot-down of two Brothers to the Rescue planes occurred in international airspace, not Cuban territory."

Source: The Miami Herald: Cuban spymaster now claims Brothers to the Rescue shooting was outside Cuban airspace by Jay Weaver December 27, 2010  https://www.sun-sentinel.com/news/fl-xpm-2010-12-27-fl-cuba-spy-20101227-story.html

FACT 10: On December 17, 2014 President Barack Obama commuted Gerardo Hernandez’s two life sentences and returned him along with two other spies jailed for crimes in the United States to Cuba where they were received with a hero’s welcome in what is an immense propaganda victory for the Castro regime.

Source: Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014 

FACT 11:  Netflix settled a defamation lawsuit in brought by Jose Basulto of Brothers to the Rescue, who accused the streamer of falsely portraying him as a terrorist and drug trafficker in Olivier Assayas’ political spy thriller Wasp Network.

Source: Netflix Settles Defamation Suit Brought By Cuban Exiles Over Spy Thriller ‘Wasp Network’ https://www.hollywoodreporter.com/business/business-news/netflix-settles-defamation-suit-brought-cuban-exiles-wasp-network-1235806098/

 

The Brothers to the Rescue shootdown 28 years later: Continuing the struggle for truth, justice, and memory

 #TruthJusticeMemory

On February 24, 1996, at 3:21 and 3:27 PM, heat-seeking air-to-air missiles fired from a MiG-29 UB piloted by Lorenzo Alberto Peréz Peréz that destroyed the two planes the men were onboard, and killed Mario de la Peña, age 24; Carlos Costa, Pablo Morales, both 30, and Armando Alejandre Jr., 45. Mario, Carlos,Pablo and Armando were members of the humanitarian organization Brothers to the Rescue.

This was a premeditated act of state terrorism carried out by Mr. Peréz Peréz on the orders of both Fidel and Raul Castro and through the chain of command issuing the unlawful order that murdered these four men.

Cuban spies learned the flight schedules and were instructed not to fly on February 24 and, if they had to, to alert the MiGs with a motion while in flight to save them from suffering the same fate as the other planes.

Ana Belen Montes, a Cuban spy working in the Pentagon's Defense Intelligence Agency, carried out an influence operation to shift responsibility from the Cuban dictatorship, to its victims in Brothers the Rescue. 

Twenty eight years later, and we are just learning that Ambassador Manuel Roche, a high level spy for Havana, who in 1996 was the principal deputy of the U.S. Interests Section in Havana, and may have played a role in assisting the Cuban dictatorship minimize its accountability in this act of terrorism it committed against U.S. civilians in international airspace.

This was a premeditated killing over international airspace. The International Civil Aviation Organization (ICAO) concluded that the two planes "were shot down miles away from Cuba’s boundary having never entered or touched it on that day and the planes had been in contact with the Cuban tower throughout the flight."

They failed to destroy a third plane with Sylvia Iriondo, Andrés Iriondo, Jose Basulto, and Arnaldo Iglesias on board. 

There is no statue of limitations on murder and state terrorism.  There is much more in the Inter-American Commission on Human Rights report on the Brothers to the Rescue shoot down.

Over the past 28 years friends, and family have continued to demand truth, respect memory and demand justice through protests, petitions, and law suits. 

Family members held a silent vigil for their loved ones on February 23rd, gathering at 3:15 pm at Florida International University, with the vigil starting at 3:21pm and ending at 3:27pm. On February 22nd a vigil was held in Washington DC outside of the Embassy of Cuba.

Today at 10:30am at Opa-locka airport, where Brothers to the Rescue had their hangar, Jose Basulto, and other survivors of the February 24, 1996 shoot down will gather together to hold a vigil.

Fact Sheet on February 24, 1996 Brothers to the Rescue Shoot down

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”― John Adams, Boston Massacre trial (1770)

February 24, 1996 shoot down was an act of state terrorism that blew two civilian aircraft out of the sky with air to air missiles while in international airspace after regime planned the act months beforehand with its espionage network in the United States.
 
 FACT 1: By definition: Terrorism is the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear)

Source: Wordnet Search http://wordnetweb.princeton.edu/perl/webwn?s=terrorism  


FACT 2: Cuba is responsible for violating the right to life (Article I of the American Declaration of the Rights and Duties of Man) to the detriment of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, who died as a result of the direct actions of its agents on the afternoon of 24 February 1996 while flying through international airspace.

Source: Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 3: Cuba is responsible for violating the right to a fair trial (Article XVIII of the American Declaration of the Rights and Duties of Man) to the detriment of the relatives of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, in that to date the Cuban authorities have not conducted an exhaustive investigation with a view toward prosecuting and punishing the perpetrators and have not indemnified those same relatives for the damage they suffered as a result of those illicit acts.

Source: Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 4: In Alejandre v. Republic of Cuba, 996 F.Supp. 1239 (S.D.Fla. 1997), a federal district court awarded the families of three of the four occupants of the “ Brothers to the Rescue” planes shot down by Cuba in 1996 a total of $187.7 million in damages against Cuba.

Source: Lawsuits Against State Supporters of Terrorism: An Overview by Jennifer K. Elsea  
https://fas.org/sgp/crs/terror/RS22094.pdf

FACT 5: WASP spy network was involved. One of the “illegal officers” (Gerardo Hernandez) was convicted of conspiracy to commit first-degree murder based on his role in the February 24, 1996, shoot-down of two unarmed civilian aircraft in international airspace by Cuban Air Force jet fighters, which resulted in the deaths of four people, three of them U.S. citizens.

Source: Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014

FACT 6: Brothers to the Rescue had spotted and saved thousands of rafters in the Florida Straits and was engaged in such a mission on that day. The one plane that skirted the boundary briefly was the only one to return. The other two were shotdown miles away from Cuba’s boundary having never entered or touched it on that day and the planes had been in contact with the Cuban tower throughout the flight.

Source: ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 7: On July 26, 1996 the United Nations Security Council: "Noting that the unlawful downing of two civil aircraft on 24 February by the Cuban Air Force violated the principle that States must refrain from using weapons against airborne civil aircraft, the Security Council this afternoon condemned such use as being incompatible with the rules of customary international law "

Source: ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 8: Ana Belen Montes, the US intelligence community's top analyst on Cuban affairs had throughout a sixteen-year career at the Defense Intelligence Agency sent the Cuba intelligence service sensitive and secret information and helped to shape US opinion on Cuba. Investigation against her was triggered by her odd behavior before and after the Brothers to the Rescue shoot down. On September 21 2001 Ana Belen Montes was arrested and subsequently charged with Conspiracy to Commit Espionage for the government of Cuba. Montes eventually pleaded guilty to spying, and in October, 2002, she was sentenced to a 25-year prison term followed by 5 years of probation.

Source: True Believer: Inside the Investigation and Capture of Ana Montes, Cuba's Master Spy http://www.amazon.com/True-Believer-Inside-Investigation-Capture/dp/1591141001

FACT 9: On December 27, 2010 and again in a January 19, 2011 clarification the defense of Cuban spy-master Gerardo Hernandez acknowledged that "there was overwhelming evidence that the 1996 shoot-down of two Brothers to the Rescue planes occurred in international airspace, not Cuban territory."

Source: The Miami Herald: Cuban spymaster now claims Brothers to the Rescue shooting was outside Cuban airspace by Jay Weaver December 27, 2010  https://www.sun-sentinel.com/news/fl-xpm-2010-12-27-fl-cuba-spy-20101227-story.html

FACT 10: On December 17, 2014 President Barack Obama commuted Gerardo Hernandez’s two life sentences and returned him along with two other spies jailed for crimes in the United States to Cuba where they were received with a hero’s welcome in what is an immense propaganda victory for the Castro regime.

Source: Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014 

FACT 11:  Netflix settled a defamation lawsuit in brought by Jose Basulto of Brothers to the Rescue, who accused the streamer of falsely portraying him as a terrorist and drug trafficker in Olivier Assayas’ political spy thriller Wasp Network.

Source: Netflix Settles Defamation Suit Brought By Cuban Exiles Over Spy Thriller ‘Wasp Network’ https://www.hollywoodreporter.com/business/business-news/netflix-settles-defamation-suit-brought-cuban-exiles-wasp-network-1235806098/

Fact Sheet on February 24, 1996 Brothers to the Rescue Shoot down

 “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”― John Adams, Boston Massacre trial (1770)

 February 24, 1996 shoot down was an act of state terrorism that blew two civilian aircraft out of the sky with air to air missiles while in international airspace after regime planned the act months beforehand with its espionage network in the United States.
 
 FACT 1: By definition: Terrorism is the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear)
http://wordnetweb.princeton.edu/perl/webwn?s=terrorism  


FACT 2: Cuba is responsible for violating the right to life (Article I of the American Declaration of the Rights and Duties of Man) to the detriment of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, who died as a result of the direct actions of its agents on the afternoon of 24 February 1996 while flying through international airspace.

Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 3: Cuba is responsible for violating the right to a fair trial (Article XVIII of the American Declaration of the Rights and Duties of Man) to the detriment of the relatives of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, in that to date the Cuban authorities have not conducted an exhaustive investigation with a view toward prosecuting and punishing the perpetrators and have not indemnified those same relatives for the damage they suffered as a result of those illicit acts.

Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 4: In Alejandre v. Republic of Cuba, 996 F.Supp. 1239 (S.D.Fla. 1997), a federal district court awarded the families of three of the four occupants of the “ Brothers to the Rescue” planes shot down by Cuba in 1996 a total of $187.7 million in damages against Cuba.

Lawsuits Against State Supporters of Terrorism: An Overview by Jennifer K. Elsea  
https://fas.org/sgp/crs/terror/RS22094.pdf

FACT 5: WASP spy network was involved. One of the “illegal officers” (Gerardo Hernandez) was convicted of conspiracy to commit first-degree murder based on his role in the February 24, 1996, shoot-down of two unarmed civilian aircraft in international airspace by Cuban Air Force jet fighters, which resulted in the deaths of four people, three of them U.S. citizens.

Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014

FACT 6: Brothers to the Rescue had spotted and saved thousands of rafters in the Florida Straits and was engaged in such a mission on that day. The one plane that skirted the boundary briefly was the only one to return. The other two were shotdown miles away from Cuba’s boundary having never entered or touched it on that day and the planes had been in contact with the Cuban tower throughout the flight.

ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 7: On July 26, 1996 the United Nations Security Council: "Noting that the unlawful downing of two civil aircraft on 24 February by the Cuban Air Force violated the principle that States must refrain from using weapons against airborne civil aircraft, the Security Council this afternoon condemned such use as being incompatible with the rules of customary international law "

ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 8: Ana Belen Montes, the US intelligence community's top analyst on Cuban affairs had throughout a sixteen-year career at the Defense Intelligence Agency sent the Cuba intelligence service sensitive and secret information and helped to shape US opinion on Cuba. Investigation against her was triggered by her odd behavior before and after the Brothers to the Rescue shoot down. On September 21 2001 Ana Belen Montes was arrested and subsequently charged with Conspiracy to Commit Espionage for the government of Cuba. Montes eventually pleaded guilty to spying, and in October, 2002, she was sentenced to a 25-year prison term followed by 5 years of probation.

True Believer: Inside the Investigation and Capture of Ana Montes, Cuba's Master Spy http://www.amazon.com/True-Believer-Inside-Investigation-Capture/dp/1591141001

FACT 9: On December 27, 2010 and again in a January 19, 2011 clarification the defense of Cuban spy-master Gerardo Hernandez acknowledged that "there was overwhelming evidence that the 1996 shoot-down of two Brothers to the Rescue planes occurred in international airspace, not Cuban territory."

The Miami Herald: Cuban spymaster now claims Brothers to the Rescue shooting was outside Cuban airspace by Jay Weaver December 27, 2010  https://www.sun-sentinel.com/news/fl-xpm-2010-12-27-fl-cuba-spy-20101227-story.html

FACT 10: On December 17, 2014 President Barack Obama commuted Gerardo Hernandez’s two life sentences and returned him along with two other spies jailed for crimes in the United States to Cuba where they were received with a hero’s welcome in what is an immense propaganda victory for the Castro regime.

Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014 

Fact Sheet on February 24, 1996 Brothers to the Rescue Shoot down

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”― John Adams, Boston Massacre trial (1770)

February 24, 1996 shoot down was an act of state terrorism that blew two civilian aircraft out of the sky with air to air missiles while in international airspace after regime planned the act months beforehand with its espionage network in the United States.
 
 FACT 1: By definition: Terrorism is the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear)
http://wordnetweb.princeton.edu/perl/webwn?s=terrorism  


FACT 2: Cuba is responsible for violating the right to life (Article I of the American Declaration of the Rights and Duties of Man) to the detriment of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, who died as a result of the direct actions of its agents on the afternoon of 24 February 1996 while flying through international airspace.

Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 3: Cuba is responsible for violating the right to a fair trial (Article XVIII of the American Declaration of the Rights and Duties of Man) to the detriment of the relatives of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, in that to date the Cuban authorities have not conducted an exhaustive investigation with a view toward prosecuting and punishing the perpetrators and have not indemnified those same relatives for the damage they suffered as a result of those illicit acts.

Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 4: In Alejandre v. Republic of Cuba, 996 F.Supp. 1239 (S.D.Fla. 1997), a federal district court awarded the families of three of the four occupants of the “ Brothers to the Rescue” planes shot down by Cuba in 1996 a total of $187.7 million in damages against Cuba.

Lawsuits Against State Supporters of Terrorism: An Overview by Jennifer K. Elsea  
https://fas.org/sgp/crs/terror/RS22094.pdf

FACT 5: WASP spy network was involved. One of the “illegal officers” (Gerardo Hernandez) was convicted of conspiracy to commit first-degree murder based on his role in the February 24, 1996, shoot-down of two unarmed civilian aircraft in international airspace by Cuban Air Force jet fighters, which resulted in the deaths of four people, three of them U.S. citizens.

Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014

FACT 6: Brothers to the Rescue had spotted and saved thousands of rafters in the Florida Straits and was engaged in such a mission on that day. The one plane that skirted the boundary briefly was the only one to return. The other two were shotdown miles away from Cuba’s boundary having never entered or touched it on that day and the planes had been in contact with the Cuban tower throughout the flight.

ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 7: On July 26, 1996 the United Nations Security Council: "Noting that the unlawful downing of two civil aircraft on 24 February by the Cuban Air Force violated the principle that States must refrain from using weapons against airborne civil aircraft, the Security Council this afternoon condemned such use as being incompatible with the rules of customary international law "

ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 8: Ana Belen Montes, the US intelligence community's top analyst on Cuban affairs had throughout a sixteen-year career at the Defense Intelligence Agency sent the Cuba intelligence service sensitive and secret information and helped to shape US opinion on Cuba. Investigation against her was triggered by her odd behavior before and after the Brothers to the Rescue shoot down. On September 21 2001 Ana Belen Montes was arrested and subsequently charged with Conspiracy to Commit Espionage for the government of Cuba. Montes eventually pleaded guilty to spying, and in October, 2002, she was sentenced to a 25-year prison term followed by 5 years of probation.

True Believer: Inside the Investigation and Capture of Ana Montes, Cuba's Master Spy http://www.amazon.com/True-Believer-Inside-Investigation-Capture/dp/1591141001

FACT 9: On December 27, 2010 and again in a January 19, 2011 clarification the defense of Cuban spy-master Gerardo Hernandez acknowledged that "there was overwhelming evidence that the 1996 shoot-down of two Brothers to the Rescue planes occurred in international airspace, not Cuban territory."

The Miami Herald: Cuban spymaster now claims Brothers to the Rescue shooting was outside Cuban airspace by Jay Weaver December 27, 2010  https://www.sun-sentinel.com/news/fl-xpm-2010-12-27-fl-cuba-spy-20101227-story.html

FACT 10: On December 17, 2014 President Barack Obama commuted Gerardo Hernandez’s two life sentences and returned him along with two other spies jailed for crimes in the United States to Cuba where they were received with a hero’s welcome in what is an immense propaganda victory for the Castro regime.

Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014  

 

Brothers to the Rescue shoot down 24 years later: Memory, calling for Justice, and taking action

24 years ago today a terrible crime was committed that still cries out for justice.

February 24, 2020 marks 24 years since two civilian planes were shot down over international airspace on the orders of the Castro brothers in Cuba. At Florida International University, students, members of the university community, and the families of the four men killed (Carlos Costa, Armando Alejandre Jr., Mario de la Peña, and Pablo Morales) will begin to gather at the main fountain at 3:15pm to hold a silent vigil from 3:21pm to 3:27pm the time that the two planes were destroyed. This will be followed at 7:00pm with a Mass at St Agatha Church located across the street from Florida International University.

Audio recordings of the pilots that carried out the extrajudicial killings on February 24, 1996 are damning.


The Inter-American Commission on Human Rights released an authoritative report on the Brothers to the Rescue shoot down on September 29, 1999 and the complete report is available online. Below is the summary.

REPORT Nº 86/99
CASE 11.589
ARMANDO ALEJANDRE JR., CARLOS COSTA,
MARIO DE LA PEÑA, AND PABLO MORALES
CUBA
September 29, 1999

          I.          SUMMARY

          1.          On 25 February 1996, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) received several complaints brought against the Republic of Cuba (hereinafter “the State,” “the Cuban State,” or “Cuba”) according to which a MiG-29 military aircraft belonging to the Cuban Air Force (FAC) downed two unarmed civilian light airplanes belonging to the organization “Brothers to the Rescue.”^[1] According to a report issued by the International Civil Aviation Organization (ICAO), the incidents occurred on 24 February 1996 at 3:21 p.m. and 3:27 p.m., respectively, in international airspace. The air-to-air missiles fired by the MiG-29 destroyed the civilian light aircraft, immediately killing Armando Alejandre Jr. (45 years old), Carlos Alberto Costa (29), Mario Manuel de la Peña (24), and Pablo Morales (29). The complaint concludes with the Commission being requested to begin proceedings in accordance with Articles 32 et seq. of its Regulations and to declare Cuba responsible for failing to comply with its international obligations contained in the American Declaration of the Rights and Duties of Man (hereinafter “the Declaration” or “the American Declaration”) for violating the right to life and the right to a fair trial as set forth in Articles I and XVIII of said international instrument.

          2.          After receiving several complaints regarding the same incident and persons, the Commission combined them, as provided for in Article 40(2) of its Regulations, as file Nº 11.589.^[2] Thus, the petitioners in the case at hand are the direct relatives of the victims (Marlene Alejandre, Marlene Victoria Alejandre, Mirta Costa, Osvaldo Costa, Miriam de la Peña, Mario de la Peña, and Eva Barbas), Dr. Haydeé Marín (Institute of Human and Labor Rights at Florida International University), Dr. Claudio Benedí (Cuban Patriotic Council), and Mr. José J. Basulto (Brothers to the Rescue).

          3.          Since the start of proceedings in this case on 7 March 1996, the Cuban State has not replied to the Commission’s repeated requests for information regarding the admissibility and merits of the matter. Therefore, based on an exhaustive analysis of the legal and factual grounds and in accordance with Article 42 of its Regulations,^[3] the Commission believes that the complaint meets the formal requirements for admissibility as set forth in the Regulations and concludes that the Cuban State is responsible for violating the rights enshrined in the American Declaration as reported by the petitioners in their complaint of 25 February 1996.^[4]. Based on the analysis and conclusions of this report, the Commission recommends that the Cuban State conduct an exhaustive investigation into the incidents in question, prosecute and punish the individuals responsible for the different violations described herein, and make adequate and timely amends to the victims’ direct relatives, including the payment of fair compensatory indemnification. [ Full Report]

Jose Basulto, who was in the third plane that made it back, has gone on the record as to what he believed happened that day, and continues to demand both truth and justice.

Vigil at Cuban Embassy Feb 20th for OZT & BTTR, others plan events for 2/23 for OZT & 2/24 for BTTR

#WeRemember

Last night on February 20, 2020 human rights activists gathered outside of the Cuban Embassy in Washington DC in a silent vigil for justice to remember Orlando Zapata Tamayo killed by the Castro regime on February 23, 2010 while on hunger strike, and the four members of Brothers to the Rescue shot down by the Castro regime MiGs on February 24, 1996, while Armando Alejandre Jr. (45 years old), Carlos Alberto Costa (29), Mario Manuel de la Peña (24), and Pablo Morales (29) were in two planes engaged in a search and rescue flight for rafters.

Others carried photos of Laura Pollán and Oswaldo Payá martyred by the Castro regime in 2011 and 2012 respectively.

The Center for a Free Cuba obtained a permit from the Washington DC Metro Police to hold the vigil, and the Free Cuba Foundation publicized the event.

The silent vigil began at 7:00pm and concluded with a prayer by Mario Felix Lleonart Barroso for Orlando Zapata Tamayo, Armando Alejandre Jr., Carlos Alberto Costa, Mario Manuel de la Peña, Pablo Morales, and other martyrs of the regime, and for the freedom of the Cuban people.

On Sunday, February 23 at 3:00pm, the time Orlando Zapata Tamayo died, there will be a vigil at the Bay of Pigs Monument (Torch) on Cuban Memorial Boulevard located at 806 SW 13th Ave, Miami, FL 33135. Details on the vigil were announced on WWFE 830 AM. by Mercedes Perdigón of Exilio Unido in an interview with Carlos Santana.

On Monday, February 24, at 3:00pm friends and families of Armando Alejandre Jr., Carlos Alberto Costa, Mario Manuel de la Peña, and Pablo Morales, and members of the FIU community will gather and hold a vigil to remember them and silently demand justice 24 years after the shoot down.

The vigil will take place at Florida International University ( University Park campus) located at 11200 SW 8th St, Miami, FL 33199 at the main fountain next to the Main Library and Student Union. The silent vigil take place start at 3:21pm and end at 3:27pm, the times the two Brothers to the Rescue planes were destroyed by missiles launched from Castro's MiGs killing Armando, Carlos, Mario, and Pablo. This vigil has been taking place at FIU annually since 1996.

The Inter-American Commission on Human Rights released a report on the February 24, 1996 Brothers to the Rescue shootdown in 1999 and a press release on the February 23, 2010 killing of Orlando Zapata Tamayo.

Brothers to the Rescue shoot down 22 years later: Memory, calling for Justice, and taking action

"'Sir, I say that justice is truth in action. Truth should animate an opposition, and I hope it does animate this opposition." - Benjamin Disraeli, speech in the House of Commons (2 February 1851).

Artists rendering of the attack on February 24, 1996

 22 years ago on Saturday, February 24, 1996 at 3:21 pm and 3:27 pm in international airspace two civilian aircraft belonging to the humanitarian group Brothers to the Rescue were destroyed by air-to-air missiles fired by a Cuban MiG-29 killing Armando Alejandre Jr. (age 45), Carlos Alberto Costa (29), Mario Manuel de la Peña (24), and Pablo Morales (29). Author Matt Lawrence translated and subtitled the audio of the Cuban MiG pilots who hunted and destroyed the two planes. The planes had been engaged in a search and rescue mission for Cuban rafters in the Florida Straits. Three planes set out only one returned.



Cuban dictator, then General, Raul Castro ordered the shoot down of the two planes. A fact sheet prepared earlier this month provides additional information on the months long Castro regime conspiracy to destroy Brothers to the Rescue, and murder their pilots in an act of state terrorism. It also provides a breakdown of the legal actions and decisions that followed afterwards.

Yesterday, February 23, 2018 JusticeCuba, an international commission composed of legal, civic, and political leaders from Mexico, the Dominican Republic, Italy, Syria, Venezuela, Spain, Peru, China, Uruguay,and Costa Rica sent a letter to the White House calling on the President to simply follow what is in U.S. law and that is to bring the agents of the Castro Regime responsible for the Brothers to the Rescue shoot down to an international tribunal to be held accountable for this crime.

Both planes were shot down in international airspace (ICAO)

Please join me today from 3:21pm to 3:27pm wherever you are for a moment of silence at the time when the planes were attacked and shot down murdering Armando, Carlos, Marion, and Pablo. On Monday, February 26, 2018 at Florida International University friends and family will gather at the main fountain between the library and the Charles Perry building at 3:15pm until 3:27pm in a silent vigil.

Justice is truth in action. Remembering, sharing the facts with others, and continuing to demand accountability is truth in action which is justice. Mohandas Gandhi, the Indian independence leader who practiced non-violence understood that "full effort is full victory." Please join us in this effort.

Please share the videos in this blog entry over your social media. Below one of the four survivors of the plane, Jose Basulto, explains what happened and the context.

Fact Sheet on February 24, 1996 Brothers to the Rescue Shoot down

“There is no greater love than this: that a person would lay down his life for the sake of his friends.” – John 15:13 

February 24, 1996 shoot down was an act of state terrorism that blew two civilian aircraft out of the sky with air to air missiles while in international airspace after regime planned the act months beforehand with its espionage network in the United States.
 
 FACT 1: By definition: Terrorism is the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear)
http://wordnetweb.princeton.edu/perl/webwn?s=terrorism  


FACT 2: Cuba is responsible for violating the right to life (Article I of the American Declaration of the Rights and Duties of Man) to the detriment of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, who died as a result of the direct actions of its agents on the afternoon of 24 February 1996 while flying through international airspace.

Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 3: Cuba is responsible for violating the right to a fair trial (Article XVIII of the American Declaration of the Rights and Duties of Man) to the detriment of the relatives of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, in that to date the Cuban authorities have not conducted an exhaustive investigation with a view toward prosecuting and punishing the perpetrators and have not indemnified those same relatives for the damage they suffered as a result of those illicit acts.

Inter-American Commission on Human Rights September 29, 1999 Report on the Merits http://www.cidh.org/annualrep/99eng/Merits/Cuba11.589.htm

FACT 4: In Alejandre v. Republic of Cuba, 996 F.Supp. 1239 (S.D.Fla. 1997), a federal district court awarded the families of three of the four occupants of the “ Brothers to the Rescue” planes shot down by Cuba in 1996 a total of $187.7 million in damages against Cuba.

Lawsuits Against State Supporters of Terrorism: An Overview by Jennifer K. Elsea http://www.law.umaryland.edu/marshall/crsreports/crsdocuments/RS22094_06232005.pdf

FACT 5: WASP spy network was involved. One of the “illegal officers” (Gerardo Hernandez) was convicted of conspiracy to commit first-degree murder based on his role in the February 24, 1996, shoot-down of two unarmed civilian aircraft in international airspace by Cuban Air Force jet fighters, which resulted in the deaths of four people, three of them U.S. citizens.

Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014

FACT 6: Brothers to the Rescue had spotted and saved thousands of rafters in the Florida Straits and was engaged in such a mission on that day. The one plane that skirted the boundary briefly was the only one to return. The other two were shotdown miles away from Cuba’s boundary having never entered or touched it on that day and the planes had been in contact with the Cuban tower throughout the flight.

ICAO Resolution on February 24 shootdown http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 7: On July 26, 1996 the United Nations Security Council: "Noting that the unlawful downing of two civil aircraft on 24 February by the Cuban Air Force violated the principle that States must refrain from using weapons against airborne civil aircraft, the Security Council this afternoon condemned such use as being incompatible with the rules of customary international law "

ICAO Resolution on February 24 shootdown 
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf

FACT 8: Ana Belen Montes, the US intelligence community's top analyst on Cuban affairs had throughout a sixteen-year career at the Defense Intelligence Agency sent the Cuba intelligence service sensitive and secret information and helped to shape US opinion on Cuba. Investigation against her was triggered by her odd behavior before and after the Brothers to the Rescue shoot down. On September 21 2001 Ana Belen Montes was arrested and subsequently charged with Conspiracy to Commit Espionage for the government of Cuba. Montes eventually pleaded guilty to spying, and in October, 2002, she was sentenced to a 25-year prison term followed by 5 years of probation.

True Believer: Inside the Investigation and Capture of Ana Montes, Cuba's Master Spy http://www.amazon.com/True-Believer-Inside-Investigation-Capture/dp/1591141001

FACT 9: On December 27, 2010 and again in a January 19, 2011 clarification the defense of Cuban spy-master Gerardo Hernandez acknowledged that "there was overwhelming evidence that the 1996 shoot-down of two Brothers to the Rescue planes occurred in international airspace, not Cuban territory."

The Miami Herald: Cuban spymaster now claims Brothers to the Rescue shooting was outside Cuban airspace by Jay Weaver December 27, 2010 http://articles.sun-sentinel.com/2010-12-27/news/fl-cuba-spy-20101227_1_cuban-government-gerardo-hernandez-jose-basulto

FACT 10: On December 17, 2014 President Barack Obama commuted Gerardo Hernandez’s two life sentences and returned him along with two other spies jailed for crimes in the United States to Cuba where they were received with a hero’s welcome in what is an immense propaganda victory for the Castro regime.

Department of Justice on Obama Commutations
http://www.justice.gov/pardon/obama-commutations#dec152014 

Remembering some of the victims of Cuban communism: Four victims of the 1996 Brothers to the Rescue Shootdown

“There is no greater love than this: that a person would lay down his life for the sake of his friends.” – John 15:13 

Murdered by the Castro regime on February 24, 1996

 Some psychologists argue that as the number of victims increase into the hundreds, and thousands that compassion collapses out of the human fear of being overwhelmed. Soviet dictator Josef Stalin put it more succinctly: "When one man dies it's a tragedy. When thousands die it's statistics." In the case of Cuba the communist regime has killed tens of thousands, and many have become numb in the face of this horror. Therefore on the 100th anniversary of the founding of the first communist regime in Russia, that caused so much harm around the world, will focus on the small corner of Cuba and on an infinitesimal sampling of some of the victims of Cuban communism.

In this fourth entry will focus on an act of state terrorism that could have ended in an armed conflict between the Castro regime and the Clinton Administration. Four men were killed for trying to save lives in the Florida Straits in 1996 in an elaborate conspiracy carried out by Cuban communists involving espionage and Cuban warplanes.

Previous entries in this series where about Cubans trying to change the system nonviolently. The first entry concerned Orlando Zapata Tamayo, a humble bricklayer turned courageous human rights defender who paid the ultimate price in 2010 for speaking truth to power. The second entry focused on Oswaldo Payá Sardiñas, a Catholic lay activist, nonviolence icon, husband, father of three and the founder of a Cuban opposition movement that shook up the Castro regime with a petition drive demanding that human rights be respected and recognized in Cuba. This action and speaking truth to power led to his extrajudicial killing in 2012. The third entry focused on one of the great crimes of the Castro regime that has been well documented by international human rights organizations and reported on ABC News Nightline that claimed the lives of 37 men, women, and children. They were trying to flee the despotism in Cuba to live in freedom and were extrajudicially executed.

Four men were killed when the two planes they were flying in were shot down on a Saturday afternoon at 3:21 and 3:27 on February 24, 1996 over international airspace while engaged in a search and rescue flight for Cuban rafters. Their planes were destroyed by air-to-air missiles fired by a Cuban MiG-29 aircraft on the orders of Raul and Fidel Castro. 

Who were they? The four individuals who were killed represented all aspects of the Cuban diaspora: Armando Alejandre Jr, a child who arrived with his parents from Cuba in 1960, Carlos Costa, born in Miami Beach in 1966 and Mario Manuel de la Peña, born in New Jersey in 1971 the children of Cuban exiles. Pablo Morales was born in Cuba in 1966, raised there and was saved by Brothers to the Rescue when he was 26 years old while fleeing the island on a raft. Two were from Havana, one was from New Jersey and the other from Miami Beach.

The oldest of the four, Armando Alejandre Jr. born in Havana, Cuba on April 16, 1950 who was nine years old when Fidel Castro came to power. He arrived in the United States with the rest of his family at the age of 10. He graduated from high school in Miami enlisted in the military, out of gratitude for the United States providing refuge to Cubans fleeing the Castro regime, serving two tours in Vietnam. Following his military service, he attended Florida International University, which is my alma mater, and following graduation went to work in Metro-Dade Transit Agency in Miami. At the time of his death he was 45 years old leaving behind his wife of 20 years, Marlene and an 18-year-old daughter Marlene Victoria. Armando became a U.S. citizen and was a Cuban-American.

Mario Manuel de la Peña, the youngest of the four was born the township of Weehawken, New Jersey on December 28, 1971 when the Castro regime had already been in power 12 years. He was a son of Cuban exiles. Mario received his degree of Associate in Science in Professional Piloting Technology from Miami-Dade Community College at age 21. In 1996, he was completing his senior year at Embry Riddle Aeronautical University. Following the shoot down, Embry Riddle conferred upon Mario the degree of Bachelor of Aeronautics honoris causa. At the time of his death he was just 24 years old and is survived by his parents and brother.

Carlos Costa was born on June 23, 1966, in Miami Beach, FL, to Cuban exiles and attended Monsignor Pace High School. He was a graduate of Embry-Riddle University of Aeronautics, where Carlos obtained a bachelor of science in airway science and was licensed as a commercial, instrument, and private pilot, as well as a flight instructor and multi-engine flight instructor. Carlos worked at Miami International Airport, where he trained employees on aviation rules and enforced Federal Aviation Administration standards. Carlos Costa was 29 years old when the shoot down occurred. Carlos is survived by his parents of Cuban origin, Mirta and Osvaldo Costa, his sister, Mirta Mendez, one niece and two nephews.

Pablo Morales was born in Havana, Cuba, on May 16, 1966 and was the same age as Carlos Costa but with a different life experience. He studied cartography and obtained a degree as a geodesics technician. In August 1992, Pablo fled Cuba on a raft and after three days at sea, was spotted in the ocean by Brothers to the Rescue. This experience motivated him to join the previously mentioned organization. He was a passenger in the aircraft with Carlos Costa when they were shot down. Pablo was survived by his mother Eva Barbas, who passed away in 2013, a sister, and a brother. He was a Cuban citizen at the time of his death with residency in the United States and was just 29 years old.  

15-year-old Gregorio Perez Ricardo in 1991

 How and why Brothers to the Rescue formed
In February of 1991 news accounts of the death by dehydration of 15-year-old Gregorio Perez Ricardo, a rafter fleeing Cuba, as U.S. Coast Guard officials tried to save his life shocked the moral imagination of several pilots. This was not an isolated event. Academics Holly Ackerman and Juan Clark, in the 1995 monograph The Cuban Balseros: Voyage of Uncertainty reported that “as many as 100,000 Cuban rafters may have perished trying to leave Cuba.” Anecdotal evidence documents that some of them were victims of the Cuban border patrol using sand bags and snipers against defenseless rafters. 

It was within this context that on May 13, 1991 Brothers to the Rescue was founded with the aim of searching for rafters in the Florida Straits, getting them water, food, and rescued. In December of 1993 Brothers to the Rescue inaugurated their permanent hangar naming it after Gregorio.

Brothers to the Rescue by November of 1995 was collaborating with the Florida Martin Luther King Institute for Non-violence and took part in the King Day parade in 1996. On February 8, 1996 The Miami Times reported “that this group has come around to the belief that change can be brought about in Cuba in the same way that it was brought about by Dr. King in the United States.” The Miami Times concluded in the editorial “Spreading King’s Message” that “In throwing Dr. King's principle into the volatile mix of Cuban exile politics, Brothers to the Rescue is showing a willingness to be creative.”

Coretta Scott King and Jose Basulto of Brothers to the Rescue

 Why the Castro brothers wanted to destroy Brothers to the Rescue

They risked their lives in the Florida Straits to rescue Cuban rafters and at the same time Brothers to the Rescue challenged the Cuban exile community to abandon both the failed violent resistance and appeasement approaches in order to embrace strategic nonviolence.  This path followed the way of Martin Luther King Jr. with both civil disobedience and a constructive program. What was the end result? Brothers to the Rescue saved more than 4,200 men, women, and children ranging from a five-day old infant to a 79 year old man, and rescued thousands more during the 1994 refugee crisis.

One year after the July 13, 1994 tugboat massacre in which 37 men, women and children were killed Cuban exiles organized a flotilla to travel in a civic non-violent manner to the spot six miles off the Havana coastline where the "13 de Marzo" tugboat had been attacked and sunk to hold a religious service for the victims. The Brothers to the Rescue overflight of Havana, where they dropped bumper stickers in Spanish that read "Comrades No. Brothers" was in response to Cuban gunboats ramming the lead boat of the flotilla.

Brothers to the Rescue also served as a bridge between a nonviolent civic movement inside of Cuba and an exile community seeking a different approach. Cuban dissidents announced on October 10, 1995 the intention to hold a national gathering of the opposition in Cuba on February 24, 1996. The coalition of over a 160 groups named themselves the Cuban Council. Brothers to the Rescue in an open and transparent manner sent $2,000 of privately raised assistance to this coalition on February 13, 1996. In the days leading up to February 24 over a 180 dissidents were imprisoned in a nationwide crackdown. 

Humanitarian supplies provided by Brothers to the Rescue

The events surrounding the February 24, 1996 Brothers to the Rescue shoot down began weeks in advance with the dictatorship planning out the shoot down and using its spy networks to obtain information to carry out this act of state terrorism while blaming the victims in the media coverage. It was a conspiracy to destroy Brothers to the Rescue while at the same time taking attention away from a crack down on a national gathering of the democratic opposition in Cuba. This was taking place in the midst of a profound crisis for the Castro regime following the collapse of the Soviet empire in 1991 and a warming relationship in 1994 between the Clinton administration and the Cuban dictatorship that included secret joint military exercises. However, none of this changed the brutal nature of the Cuban dictatorship in how it dealt with Cubans on the island or the continuing hostility of the Castro regime for the United States.  

Castro brothers planned out the February 24, 1996 shoot down
Two Cuban intelligence agents infiltrated Brothers to the Rescue, providing information to the Castro regime on the group, disinformation to the FBI, and their Cuban spy ring leader, Gerardo Hernandez warned the two infiltrated agents not to fly during a four-day period that included the day of the premeditated attack. Six days before the attack a Cuban pilot saw Cuban MiGs rehearsing the shoot down.  

On February 24, 1996 at 3:21pm and 3:27pm two Brothers to the Rescue planes were shot down by two Cuban MiGs over international airspace killing four. Two more MIG’s chased a third plane to within three minutes of downtown Key West, but that plane made it back and provided critical information on what had occurred.

The Brothers to the Rescue shoot down case in the U.S. courts

U.S. courts found the Cuban government guilty of premeditation in the February 24, 1996 shoot down. Family members of the four men have over the past twenty years pursued and continue to pursue justice. They have had concrete results.

1. On November 14, 1997 U.S. District Judge James Lawrence King found Cuba guilty in civil court of planning the shoot down before the actual attack, and noted that there had been ample time to issue warnings to the Brothers to the Rescue aircraft if these had been needed. 
2.  A jury in criminal court presided by U.S. District Judge Joan Lenard on June 10, 2001 found Cuban spy Gerardo Hernandez guilty of conspiracy to commit murder because of his role in providing information to the Cuban government on the flight plans of Brothers to the Rescue. 
3. On August 21, 2003 a U.S. grand jury indicted the two fighter pilots and their commanding general on murder charges for the 1996 shoot down. Indictments were returned against General Ruben Martinez Puente, who at the time headed the Cuban Air Force, and fighter pilots Lorenzo Alberto Perez-Perez and Francisco Perez-Perez. The defendants were charged with four counts of murder, one count of conspiracy to kill U.S. nationals and two counts of destruction of aircraft. They are still at large.

There has been a lack of political will on behalf of the The White House to pursue justice in the premeditated, extrajudicial murders of these four men. The Obama administration commuted the double life sentence of Gerardo Hernandez, the one man actually imprisoned for conspiracy to commit murder in the Brothers to the Rescue shoot down on December 17, 2014 setting him free and returning him to Cuba. Nevertheless, the families of Armando, Mario, Carlos and Pablo continue their struggle for memory, truth, and justice on behalf of their loved ones. This means “the indictments of the military officials involved, from Raul Castro, Minister of the Armed Forces, down the military chain of command” and documenting what happened.

 
Source for additional information
Official page of Brothers to the Rescue on the shoot down
Official page of the Families of Armando, Carlos, Mario and Pablo