Showing posts with label Pablo Morales. Show all posts
Showing posts with label Pablo Morales. Show all posts

Monday, February 24, 2025

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/

 

Saturday, February 24, 2024

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.

Monday, February 19, 2024

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/

Saturday, February 18, 2023

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 

Thursday, February 17, 2022

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  

 

Thursday, February 11, 2021

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)

Murdered on Raul Castro's orders on February 24, 1996
 
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 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 

Monday, February 24, 2020

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.

Friday, February 21, 2020

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.

Monday, February 25, 2019

The Brothers to the Rescue Shootdown: How the Castro regime sought to destroy hope

"There is another side called justice. And justice is really love in calculation. Justice is love correcting that which revolts against love." - Martin Luther King, Jr., Holt Street Baptist Church,  Dec 5, 1955
Silent Vigil at Florida International University for Brothers to the Rescue martyrs
Today at Florida International University, as has been the case for the past 23 years, friends and family members of Armando Alejandre, Jr., Carlos Costa, Mario de la Peña, and Pablo Morales gathered to pay their respects and hold a silent vigil for justice.

When the long national nightmare of Castroism is finally over in Cuba there needs to time set aside to engage in a national act of Remembrance for Truth and Justice. In Argentina, the Day of Remembrance for Truth and Justice is a public holiday commemorating the victims of the Dirty War and it is held on March 24th.

The Castro dictatorship has caused so much harm over the past six and a half decades that Cubans will need two days of Remembrance for Truth and Justice. There are two days to consider for somber reflection on crimes against humanity in Cuba: February 24th and July 13th.  

Twenty five years ago on July 13, 1994 agents of the Castro regime carried out a massacre that claimed the lives of 37 men, women, and children fleeing Cuba on a tugboat. 

Silent vigil for justice for victims of Castroism in front of the Cuban Embassy
Today, will focus on what took place 23 years ago on February 24, 1996 because it is the day that the Castro regime used a Mikoyan MiG-29UB to launch two missiles that blew to pieces two Brothers to the Rescue Cessna Skymasters in international airspace at 3:21pm and 3:27pm, then took credit for it. Killed during the attack were Armando Alejandre, Jr., Carlos Costa, Mario de la Peña, and Pablo Morales.

Brothers to the Rescue, beginning in 1991, had engaged in a search and rescue mission that saved thousands of lives of Cuban rafters in the Florida Straits.  Viewing humanitarian assistance as an existential threat, now on display in the actions of the emerging totalitarian regime in Venezuela, is what led the Castro regime to order a risky act of state terrorism 23 years ago. 

Hope is not allowed to flourish in this kind of regime, because it can mobilize and expand dissidence. This is how a mass non-violent movement can erupt and sweep old tyrants from power. In addition to hope, two other things these regimes cannot abide are truth and memory. These are necessary preconditions for justice, and something that with a simple and nonviolent act of remembrance defies forgetfulness and the re-writing of history.

Yesterday, we gathered at the Cuban Embassy at 3:00pm with posters of Armando Alejandre, Jr., Carlos Costa, Mario de la Peña, and Pablo Morales killed on February 24, 1996. We also had posters of Orlando Zapata Tamayo, the Cuban human rights defender who died on hunger strike on February 23, 2010 following years of torture in Cuba's prisons, and of Venezuelan martyrs Geraldine Moreno and Génesis Carmona shot in the head by Maduro's security forces trained by Castro's intelligence services.

Brothers to the Rescue members remember their brethren at Opa-locka airport
Earlier in the day at Opa-locka airport, members of Brothers to the Rescue gathered to remember their fallen brethren, where the airplanes had flown out on their final mission that fateful Saturday afternoon.

Twenty three years later the silent vigil for justice continues.

Sunday, February 24, 2019

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 

Murdered on Raul Castro's orders on February 24, 1996
 
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 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 

Saturday, February 24, 2018

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.

Thursday, February 1, 2018

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