Movimiento Democracia Reaches Pact;
Wins Return of Principal Symbol

FOR IMMEDIATE RELEASE
Monday, April 27, 1998

MIAMI, FL -- The U.S. government and the Movimiento Democracia today announced a settlement in the U.S. District Court for the Southern District of Florida that will result in the return of the Movement's principal symbol, its motor vessel Democracia.

The American Civil Liberties Union of Florida said it was pleased to have assisted the organization Movimiento Democracia in achieving the settlement. "The unconditional return of the motor vessel Democracia is a victory for the Cuban American community, the human rights movement and freedom of speech," said Howard Simon, Executive Director of the American Civil Liberties Union of Florida.

"The United States government was in the untenable position of defending its kidnapping of this important symbol in the fight for human rights," Simon added. "The government's seizure represented a suppression of constitutional rights of free speech in order to aid Castro in stifling a message he did not like."

The motor vessel Democracia was seized under a Declaration of National Emergency, Presidential Proclamation No. 6867, signed by President Clinton on March 6, 1996. Under the declaration, the federal government invoked emergency authority to restrict travel by seagoing vessels in and around South Florida.

Under federal regulations enforcing the proclamation, U.S. territorial seas and internal waterways of the four southernmost Florida counties have been declared a "security zone" in which any "non-public vessel of less than 50 meters ... may not get underway in or depart the security zone with the intent to enter Cuban territorial waters."

The Coast Guard may ask the captain of a vessel whether it is his or her intention to enter Cuban territorial waters, and an affirmative response or no response can result in imprisonment of up to ten years, fines of up to $10,000, and seizure and forfeiture of vessels. The U.S. Coast Guard is also authorized to remove selected persons from vessels, to place guards on vessels and to take full or partial possession or control of vessels under federal emergency powers.

The ACLU has assisted the Democracy Movement in negotiations with the U.S. Coast Guard at the time of the Democracy Movement's flotilla during the visit of the Pope to Cuba and during the lawsuit to win the recovery of its vessel through the work of its volunteer attorneys Sharon Kegerreis and Legal Director Andrew Kayton.