A Single Standard of Justice

July 18, 2014

In the news summary that follows, you will find reports about a new investigation into the USAID Cuban Twitter scandal, the growing impact of the increasingly tight enforcement of U.S. sanctions against Cuba and other nations on banks and global commerce, and the resumption of peace talks in Havana between Colombia and the FARC.

But first, we wanted to acknowledge what is unfolding in and near “a large wheat field dotted with purple flowers and Queen Anne’s lace,” in the lyrical prose of Sabrina Tavernise, a reporter for the New York Times.  This is where wreckage from Malaysia Flight 17 and the remains of some of its 298 crewmember and passengers came to rest in Eastern Ukraine after it was shot down a little more than a day ago.

The victims included 80 children, three of whom were infants, a number of AIDS researchers and activists, the spokesman for the World Health Organization, and a graduate student from Indiana University, who was a chemist and a member of the IU rowing team.

The circumstances surrounding the shoot-down of this airliner are reminiscent of an earlier tragedy during the Cold War, when a Korean Airlines Flight was shot down in 1983 by Soviet fighter pilots. That resulted in the loss of 269 people, including a Member of the U.S. Congress.

Today, our memories were also stirred by a catastrophe that took place on October 6, 1976; not half a world away, but here in the Americas. Then, like now, the victims, 48 passengers and 25 crew members, were civilians; many were also young, including all 24 members of the Cuban Fencing Team, five Guyanese medical students, the wife of a diplomat and others.

Their Cubana de Aviacion Flight 455 had just taken off from Barbados when at least one bomb exploded and knocked the plane out of the sky.  This was, as Peter Kornbluh of the National Security Archives has often said, the first mid-air bombing of a civilian airliner in the Western Hemisphere.  All aboard – 57 Cubans, 11 Guyanese, and five North Koreans – were lost.

As we prepared this publication, the UN Security Council issued a statement calling for a “full, thorough and independent investigation” of the Malaysian airliner tragedy. Leaders from around the world called for an investigation and for accountability.

In the 38 years since the bombing of Flight 455, there has been no accountability for the loss of life; the families of the victims are not even mentioned in the news coverage of Malaysian Flight 17, as broadcast and print journalists recall similar incidents in the past.

Yet, Luis Posada Carriles, one of the two masterminds behind the bombing of the Air Cubana flight, continues to live and walk free in Miami, despite outstanding extradition requests from Cuba and Venezuela, which have yet to receive the response they merit from the U.S. government.

In some quarters, it will doubtless be controversial for us to remember that justice has still not been served in the case of Flight 455.

But our interest is in reforming Cuba policy to help the United States get past the double-standards that were deemed acceptable during the Cold War, but which are injurious to the national interest today, and adopt a single standard of justice in cases like this, now and into the future.  The dignity of the victims in these cases demands nothing less.

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