By Monsignor Noel C. Burtenshaw

She handed me the letter. It was from her father. He is in a federal prison serving a sentence for fraud. He had never been to prison before. The letter was heartbreaking.

It described the conditions, the other inmates, the hardened criminals, the simple confinement. “Depression is with me every minute of the day,” the letter said. “Although I will be paroled in just over a year, I don’t know if I bear to continue. Treasure your liberty.”

The letter was from a convicted felon. But suppose you found yourself in a U.S. penitentiary knowing you were innocent of all crimes and your date of release was not set?

In the Atlanta Federal Penitentiary, there are 1,800 Cubans who are detained. Most have no charge pending, have been imprisoned for the past five years and have been given, until now, no hope of obtaining freedom.

In truth, this Advent season, they are waiting for justice.

Strange as it may seem, this contingent of Cubans came to the U.S. on what was called the Freedom Flotilla in 1980. Then President Jimmy Carter invited them after about 10,000 of their fellow countrymen had already reached these shores by boat. “We will continue,” said the President, “to have an open heart to refugees from Cuba...”

However, as this group entered the U.S., some were found to have criminal records, others committed minor crimes in the U.S. and others allegedly violated the terms of their immigration status. All of these were lumped together and sent to the Atlanta Federal Penitentiary.

Some Atlanta Catholics have been ministering to them ever since. One who has been involved in this ministry is Father Joseph Fahy, a Passionist priest who is attached to the Spanish Apostolate in the archdiocese.

“The group can be broken down into the following categories,” says the quiet spoken priest. “About 400 hardcore criminals from Cuba, 200 may have mental problems, but most of the remainder are being held without cause and could easily be released. The frustrations they suffer are beyond “belief.”

Father Fahy tells the story of these men with great sympathy. “Three riots occurred in the prison during 1983. Boredom and frustration was the cause of these riots. Nobody cares about them. Politicians look at the case, but find it too complicated, most of the prison staff speaks no Spanish, there is constant friction and misunderstanding and on top of all that, the majority of these Cuban men don’t know why they are there or when they are getting out.”

Father Fahy, who has ministered to the Cubans, bringing them Sacraments and offering Mass for them, makes the following points: If they are criminals then they should be charged and tried. If they have broken state laws, then why are they in a federal prison? The government should attempt to make their situation clear to them. This has not been done. These men wait for answers.

The Immigration and Naturalization Service has the solution. This department of government wants to send these men back to Cuba. Even if this were a legal position (which is doubtful), Cuba has refused to accept the detainee’s back. When President Reagan gave his blessing this year to Radio Marti, which booms propaganda to Cuba from Miami, Castro refused all cooperation with the U.S. on any subject, including any further return of undesirables. So the detainees cannot be sent back. “The answer,” says Father Fahy, “is to be found here.”

Last week U.S. District Judge Marvin Shoob agreed with the stand Father Fahy and his helpers have made. Judge Shoob ruled that “most” of the Cubans at the Atlanta Federal Penitentiary should be released unless the government can show they pose national security risks or serious threats to the U.S. society.

The government is presently working furiously on the response.

But the case is not closed by any means. “These men need help even if they are released,” says Father Joseph Fahy. “The big need is for sponsors for them, people who will help them get on their feet, counsel them, get them jobs. That is a big responsibility. Some have criticized their fellow Cubans who have done well in our society. Many say they have not been helpful enough to those men and others like them.”

“We also need halfway houses. Not all can just jump in and do it alone. Some of these houses exist across the country. We need more. It would be great if we had one here in Atlanta.”

Right now Father Fahy and many more who visit these men, who await justice, would settle for one thing. That thing is called awareness.

“We need to get the message to our people,” says Father Fahy. “They need to become aware of the situation. Innocent men are lingering in prison. Even Judge Shoob agrees with that statement. So we all need to be aware and be ready to apply a helping hand to them as their time draws near for release. It has been a time of great trial for them.”