The appeal lodged in favor of Hernandez, who was given two life sentences plus 15 years in prison, will be made to Judge Joan Lenard, from the Miami Federal Court, who sentenced him along with another four Cuban antiterrorists in 2001.

The defense hopes the case of Hernandez -who was given the longest sentences as a result of a long and arbitrary trial- will be reconsidered, the Cubadebate Web site reports on Friday.

Hernandez and Rene Gonzalez (condemned to 15 years) were excluded from the re-sentencing process carried out at the end of 2009 in Miami, in which Ramon Labañino, Antonio Guerrero and Fernando Gonzalez received new sentences.

With the habeas corpus in favor of Hernandez, confined to a maximum security penitentiary in Adelanto, California, defense lawyers hope that the court eliminates, at least, his two life imprisonments.

In a statement issued after the re-sentencing process, Labañino, Guerrero and Gonzalez reiterated their innocence and expressed that The Five were punished for charges that have never been proved.

Although three sentences were partially reduced, injustice prevails in all five cases, points out the text.

They called the attention on the case of Hernandez, because the US government is aware of the falseness of charges against him and of the unfair nature of his sentence.

The five patriots monitored the activities of terrorist organizations existing in Miami
with total impunity, with the purpose of warning about criminal actions against Cuba and preventing the Cuban people.

During the re-sentencing process, the District Attorney publicly admitted the existence of a strong international movement in support of their release from prison.