Brothers to the Rescue
Encyclopedia
Brothers to the Rescue is a Miami-based activist organization headed by José Basulto
José Basulto
José Basulto is the leader of the Cuban exile organization Brothers to the Rescue.This group, whose stated purpose was to assist Cuban emigrant rafters fleeing from the country....

. Formed by Cuban exile
Cuban exile
The term "Cuban exile" refers to the many Cubans who have sought alternative political or economic conditions outside the island, dating back to the Ten Years' War and the struggle for Cuban independence during the 19th century...

s, the group is widely known for its opposition
Opposition to Fidel Castro
The Cuban dissident movement is a political movement in Cuba whose aim is "to replace the current regime with a more democratic form of government". According to Human Rights Watch, the Cuban government represses nearly all forms of political dissent....

 to the Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...

n government and, then President
President of Cuba
--209.174.31.28 18:43, 22 November 2011 The President of Cuba is the Head of state of Cuba. According to the Cuban Constitution of 1976, the President is the chief executive of the Council of State of Cuba...

, Fidel Castro
Fidel Castro
Fidel Alejandro Castro Ruz is a Cuban revolutionary and politician, having held the position of Prime Minister of Cuba from 1959 to 1976, and then President from 1976 to 2008. He also served as the First Secretary of the Communist Party of Cuba from the party's foundation in 1961 until 2011...

. The group formed in 1991 and describes itself as a humanitarian organization aiming to assist and rescue raft refugees emigrating from Cuba and to "support the efforts of the Cuban people to free themselves from dictatorship through the use of active nonviolence".

The Cuban government on the other hand accuses them of involvement in terrorist acts
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...

. In the course of many flights throughout the early 1990s, the group's planes made repeated incursions into Cuban territory. While these were widely considered airspace violations, Brothers to the Rescue believes that these were acts of legitimate resistance against the government. In 1996, ignoring a final warning by Cuba, two Brothers to the Rescue planes were shot down by the Cuban Air Force, leading to international condemnation.

Rafting missions

In the first years, the group was actively rescuing rafters from Cuba, being credited with rescuing thousands of Cubans who were emigrating from the country. Eventually, the group's focus shifted after changes in U.S. immigration policy
Wet feet, dry feet policy
The wet foot, dry foot policy is the name given to a consequence of the 1995 revision of the Cuban Adjustment Act of 1966 that says, essentially, that anyone who fled Cuba and got into the United States would be allowed to pursue residency a year later...

 meant that rafters would be sent back to Cuba. The group's founder has stated that after August 1995 it stopped seeing rafters in the water. Heavily dependent on funding for rafting activities, the group's funding rapidly dropped to $320,455 in 1995, down from $1.5 million the year before. As a result, the group shifted its activities. At least once, the group's founder dropped leaflets on Cuba.

Juan Pablo Roque

One of the group's pilots, Cuban Juan Pablo Roque (a former Cuban MiG pilot), unexpectedly left on February 23, 1996, the day before the two planes were shot down, and turned up in Havana
Havana
Havana is the capital city, province, major port, and leading commercial centre of Cuba. The city proper has a population of 2.1 million inhabitants, and it spans a total of — making it the largest city in the Caribbean region, and the most populous...

 where he condemned Brothers to the Rescue. Roque, a former major in the Cuban air force, had left Cuba four years earlier and was soon after recruited by Brothers to the Rescue where he flew several missions. Despite being dismissed as a Cuban agent by U.S. officials, Roque denied working for the Cuban government. He said he returned home because he had become disillusioned with the methods of the Brothers, including what he said were its plans to carry out attacks on military bases in Cuba and to disrupt its defense communications. Roque appeared on Cuban television on February 26, 1996, where he denounced Brothers to the Rescue as an illegal and anti-Cuban organization the fundamental purpose of which is to provoke incidents that aggravated relations between Cuba and United States. In an interview with The International Civil Aviation Organization
International Civil Aviation Organization
The International Civil Aviation Organization , pronounced , , is a specialized agency of the United Nations. It codifies the principles and techniques of international air navigation and fosters the planning and development of international air transport to ensure safe and orderly growth...

 (ICAO), he stated that the group had planned to introduce anti-personnel weapons into Cuba and blow up high tension pylons to interrupt the energy supply.

While in Miami, Roque had contacts with and was paid by the FBI
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...

. Roque's declarations brought questions about the role of agencies such as the FBI and CIA
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...

 in the activities of the exile community. However, White House spokesperson David Johnson said that "there does not exist, nor has there existed, any tie between the North American intelligence services and Hermanos al Rescate," adding that the organization is "not a front
Front organization
A front organization is any entity set up by and controlled by another organization, such as intelligence agencies, organized crime groups, banned organizations, religious or political groups, advocacy groups, or corporations...

" for those services, nor is it financed by them.

1996 shootdown incident

On February 24, 1996, two of the Brothers to the Rescue Skymasters were shot down by a Cuban Air Force MiG-29UB
Mikoyan MiG-29
The Mikoyan MiG-29 is a fourth-generation jet fighter aircraft designed in the Soviet Union for an air superiority role. Developed in the 1970s by the Mikoyan design bureau, it entered service with the Soviet Air Force in 1983, and remains in use by the Russian Air Force as well as in many other...

, while a second jet fighter, a MiG-23 orbited nearby. Killed in the shoot downs were pilots Carlos Costa
Carlos Costa (pilot)
Carlos Costa was a private pilot, US born US citizen with Cuban ancestry, who was killed when his plane was shot down by Cuban fighters over international waters near Cuba on February 24, 1996.-See also:* Brothers to the Rescue...

, Armando Alejandre, Jr., Mario de la Peña, and Pablo Morales. A third plane, flown by Basulto, escaped. The first plane was downed 9 NM outside Cuban territorial airspace and the second plane was downed 10 NM outside Cuban airspace. The planes used were unarmed Cessna 337s, a twin-engine civilian light plane known for its safety and simple operation. A type similar to those owned by Brothers to the Rescue, instead designated the O-2A Super Skymaster, had a decade earlier been used by the United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...

, but all of the aircraft owned and flown by Brothers to the Rescue were civilian type Cessna 337 Skymasters, as were those that were shot down that day. Nonetheless, Cuba claimed that the letters USAF were still clearly visible on them. However, the Cuban Air Force pilots' radio transmissions proved that they had been identified as belonging to Brothers to the Rescue before the shootdown.

The incident was investigated in detail by the International Civil Aviation Organization
International Civil Aviation Organization
The International Civil Aviation Organization , pronounced , , is a specialized agency of the United Nations. It codifies the principles and techniques of international air navigation and fosters the planning and development of international air transport to ensure safe and orderly growth...

 (ICAO). The report concluded that the authorities in Cuba had notified the authorities in the United States of multiple violations of their airspace since May 1994. In at least one case (13 July 1995), the pilot had released leaflets over Havana. The United States authorities had issued public statements advising of the potential consequences of unauthorized entry into Cuban airspace and had initiated legal actions against Basulto, but had retained his certification to fly during appeal. After Basulto was warned by an FAA
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...

 official about the possibility of being shot down, he replied, "You must understand I have a mission in life to perform," disregarding the potential danger involved. He would later say he considered the group's activities to be acts of civil disobedience
Civil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...

 against the regime, and a demonstration that such disobedience was possible.

According to Cuban authorities, two light aircraft entered Cuban territorial airspace on 9 and 13 January 1996, and released leaflets which fell on Cuban territory. According to the pilot of one of the aircraft, half a million leaflets were released on January 13; he also claims they were released outside the 12-mile (22 km) Cuban territorial limit and the wind carried them to Havana
Havana
Havana is the capital city, province, major port, and leading commercial centre of Cuba. The city proper has a population of 2.1 million inhabitants, and it spans a total of — making it the largest city in the Caribbean region, and the most populous...

. This version of events was even detailed by none other than Juan Pablo Roque, the man who had returned to Cuba the day before the shootdown and who was later implicated as having helped organize the shootdown as a Cuban spy placed with the group. According to Roque, however, Basulto had dropped the leaflets from 10 miles north of Havana, not the stated 12 miles from a high altitude on a day when the winds would carry them south toward Cuba. Specifically, in a Cuban television interview days after the shootdown took place, Roque, from within Cuba, stated, "I personally have violated air space, specifically the last was on January 9, 1996. where I got a call the day before to participate in a flight to Havana where thousands of leaflets were going to be released from a height of more than 9,500 feet at a distance of less than 10 miles from the coast."

Following that incident, the ICAO report states, the Commander of the Anti-Aircraft Defence of the Air Force of Cuba was instructed to intercept any further flights and authorized to shoot them down, whether or not they had entered Cuban airspace.

On February 24, 1996, the group's planes flew another search and rescue mission. While the Brothers to the Rescue aircraft were still north of the 24th parallel
24th parallel north
The 24th parallel north is a circle of latitude that is 24 degrees north of the Earth's equatorial plane. It crosses Africa, Asia, the Indian Ocean, the Pacific Ocean, North America and the Atlantic Ocean....

, the Cuban Air Force ordered the scrambling of two military aircraft, a MiG-29 and a MiG-23, operating under the control of a military station on Cuban soil. The MiGs were carrying short-range missiles, bombs, and rockets, and they were flown by members of the Cuban Air Force.

According to the ICAO report, the Cuban Air Force shot down the first plane while all three planes were north of the 12 mile limit of Cuban airspace. Afterwards, Basulto trespassed into Cuban airspace, still heading east, for less than 45 seconds. The second plane was then shot down, approximately ten miles farther north. Thus, it is beyond question that one plane, Basulto's N2506, entered Cuban airspace that day.

Two of the group's three planes flying that day were shot down. With the downing of each plane, the Cuban pilots could be heard celebrating over the radio. Terms like, "cojones" were repeatedly shouted by the Cuban fighter pilots. In addition, their radio transmissions included statements such as "We blew his balls off! We blew his balls off!" Further, in an oblique reference to the Cuban MiG pilot's understanding that the aircraft they were attacking were the same ones that had been repeatedly and continuously flying search and rescue missions off of Cuban's coast, they also transmitted the following, "He won't give us any more fucking trouble." Finally, while screaming their celebrations over the radio, the Cuban MiG pilots also yelled, "The other one is destroyed; the other one is destroyed. Homeland or death (patria o muerte), you bastards! The other one is also down."

Subsequently, the Inter-American Commission on Human Rights issued a formal report that concluded, "The fact that weapons of war and combat-trained pilots were used against unarmed civilians shows not only how disproportionate the use of force was, but also the intent to end the lives of those individuals. Moreover, the extracts from the radio communications between the MiG-29 pilots and the military control tower indicate that they acted from a superior position and showed malice and scorn toward the human dignity of the victims."

The third Brothers to the Rescue aircraft, with Basulto on board, was also identified for intercept and was to be shot down. Two Cuban Air Force MiG-23 jet fighters were scrambled to chase him northward. Thereafter, based on the timing of subsequent transcripts and Basulto's known position, they chased his airplane across the 24th parallel and into US airspace before the mission was aborted when Cuban authorities apparently realized that they were running great risks flying that far north. According to the U.S. Military, the fact that no USAF F-15s were launched from Homestead Air Reserve Base
Homestead Air Reserve Base
Homestead Air Reserve Base is a United States Air Force base located approximately east-northeast of Homestead, Florida.The host unit at Homestead is the 482d Fighter Wing assigned to the Air Force Reserve Command Tenth Air Force...

 was a matter of a "communications error."

It is disputed whether the planes were over Cuban territorial airspace at the time of the shootdown, but it is undisputed that at least one of their planes actually entered Cuban airspace prior to the shootdown. Finding US and Cuban radar-based data on the location in mutual contradiction (see image), the ICAO used the known positions of the cruise liner Majesty of the Seas
Majesty of the Seas
MS Majesty of the Seas is a Sovereign-class cruise ship owned and operated by Royal Caribbean International. She was built at the Chantiers de l'Atlantique shipyards in Saint-Nazaire, France, and placed in service on April 26, 1992...

 and fishing boat Tri-Liner to locate the incidents at 10 to 11 miles (18 to 20 km) outside Cuba's 12-mile limit. That is two to three miles (4 to 6 km) from where the U.S. radar tracks put them, and roughly 16 to 17 miles (30 to 32 km) from where the Cuban government claimed that the planes went down. Five years later, testimony from a retired US colonel supported Cuba's claim that both Brothers aircraft, along with a third flown by Brothers founder and pilot José Basulto
José Basulto
José Basulto is the leader of the Cuban exile organization Brothers to the Rescue.This group, whose stated purpose was to assist Cuban emigrant rafters fleeing from the country....

, were only four to five miles off the Cuban coast. However, numerous other U.S. officials, including the sworn testimony of a U.S. Government radar operator, Major Jeffrey Houlihan, himself a former intercept officer who used to coordinate the defense of the southern U.S. border, make it clear that the aircraft were not in Cuban airspace at the time. His testimony was backed up by actual screen prints from his radar displays.

Notably, the aircraft that were shot down were both very near (and, in one case, directly above) a U.S fishing vessel named Tri-Liner. Also nearby was the cruise ship Majesty of the Seas
Majesty of the Seas
MS Majesty of the Seas is a Sovereign-class cruise ship owned and operated by Royal Caribbean International. She was built at the Chantiers de l'Atlantique shipyards in Saint-Nazaire, France, and placed in service on April 26, 1992...

. Vacationers aboard the cruise ship videotaped the smoke cloud from the shootdown of the second aircraft, flown by Mario de la Peña, which was shown afterward on CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...

. Both vessels possessed GPS navigation systems, and so were not likely within Cuban waters. Sworn depositions were taken from the crew members and captain of these vessels as to their location and what they saw that day.

The ICAO report also states that means other than interception, such as radio communication, had been available to Cuba, but had not been utilized, and that this conflicts with the ICAO principle that interception of civil aircraft should be undertaken only as a last resort. Nor did the Cuban Air Force make any attempt to direct the aircraft beyond the boundaries of national airspace, guide them away from a prohibited, restricted or danger area or instruct them to effect a landing.

International

Following the incident, the United Nations Security Council passed Security Council Resolution 1067
United Nations Security Council Resolution 1067
United Nations Security Council Resolution 1067, adopted on July 26, 1996, after noting various statements and resolutions by the President of the Security Council and International Civil Aviation Organization deploring the shooting down of two civilian aircraft by the Cuban Air Force on February...

 (1996), a U.S.-sponsored resolution condemning Cuba. Dissenting members believed that the resolution was singling out Cuba for condemnation, and instead should have issued a call which urged both states to refrain from shooting down civilian airplanes as well as to prevent the improper use of civil aviation. In the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

, the incident was also condemned.

United States

In the United States, the incident led to widespread and sharp condemnation of Cuba, and the incident in turn prompted the adoption of the Helms-Burton Act
Helms-Burton Act
The Cuban Liberty and Democratic Solidarity Act of 1996 is a United States federal law which strengthens and continues the United States embargo against Cuba...

, which strengthens and continues the United States embargo against Cuba
United States embargo against Cuba
The United States embargo against Cuba is a commercial, economic, and financial embargo partially imposed on Cuba in October 1960...

. The high-profile and controversial trial of the "Cuban Five
Cuban Five
The Cuban Five, also known as the Miami Five are five Cuban intelligence officers convicted in Miami of conspiracy to commit espionage, conspiracy to commit murder, and other illegal activities in the United States...

" on espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...

 and conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 charges resulted in convictions and long prison sentences for five Cuban agents who had spied on the group.

In Miami, reaction from the exile community was swift. The late Jorge Mas Canosa
Jorge Mas Canosa
Jorge Mass Canosa was a Cuban-American activist best known for his strong opposition to Fidel Castro and his leadership of the Cuban American National Foundation. He was considered by some to be the leading figure in the Cuban exile community in Miami, Florida...

, co-founder and leader of the Cuban American National Foundation, condemned the attack: "For two warplanes from the Castro government to shoot down two unarmed civilian planes with American flags on a humanitarian mission should be considered an act of war against the US".

After the attack, the pilots responsible were the twin brothers, El Teniente (LTC) Colonel Lorenzo Alberto Perez Perez and his "Guy in Back" was El Teniente Colonel (LTC) Francisco Perez Perez. Both were charged in the United States for their role in the attack.

Cuban response

Miguel Alfonso Martinez of the Cuban Foreign Ministry stated in an interview that during the previous 20 months, planes belonging to the Hermanos group had flown into Cuban airspace 25 times. He asked, "What would happen if an unidentified, or an identified, aircraft piloted by declared enemies of the US was detected flying over Washington? What would the US authorities do? Would they allow it to continue flying undisturbed?"

Martinez also said that the two aircraft that were shot down were "not common civilian aircraft," as suggested by the US. "This is not the case of an innocent civilian airliner that, because of an instrument error, departs from an air corridor and gets into the airspace of another country". "These people knew what they were doing. They were warned. They wanted to take certain actions that were clearly intended to destabilize the Cuban government and the US authorities knew about their intentions".

Groups sympathetic to Cuba, while not approving the shootdown, noted "the policies of the United States government of indefensible hostility against the island of Cuba that sit at the heart of the matter", citing constant threats and a history of military and paramilitary attacks on Cuba from the US and paramilitary groups.

Film: "Shoot Down"

"Shoot Down
Shoot Down
Shoot Down is a 2006 documentary regarding the events surrounding the Brothers to the Rescue organization and the eventual shootdown of two of its aircraft....

," a documentary film that illustrates the incident from the Brothers to the Rescue perspective, was released in 2006 and rereleased in an updated, edited version on January 25, 2008. It was directed by Cristina Khuly, niece of downed pilot Armando Alejandre Jr.

External links

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