Wronged woman gets Cuban assets

By Fergal Parkinson BBC correspondent in Miami

On the edge of Key West, Florida, sit three ageing Cuban planes.

Ana Martinez saw her ex-husband feted as a hero in Cuba

The planes, one of which dates back to the 1940s, recently arrived here after they were hijacked on the communist island and brought here by people fleeing the regime.

But in a few weeks they will be auctioned off, and the proceeds will be given directly to a Miami woman who has successfully sued Fidel Castro's government for $27m.

Sitting in her pristine Miami home, Ana Martinez showed me photographs of happier times.

Eight years ago she met and married a man called Juan Pablo Roque, a former Cuban air force officer who defected to the United States.

"I first met him at church. He had recently arrived from Cuba a few days prior and he was welcomed as a hero in the community. However, I eventually found out that it was all a farce," she said.

Our man in Havana

The dashing Cuban she had married turned out to be a spy.

The sale of ageing Cuban planes will benefit Ana Martinez

Less than a year after they walked down the aisle together he disappeared, resurfacing a few days later in Havana, where he was treated to a hero's welcome. The event was even carried live on Cuban television.

Ms Martinez, feeling betrayed, then decided to take a very unusual course of action. She decided to sue the Cuban Government.

"With my attorneys we decided to file a complaint against the Cuban Government for rape.

"In the state of Florida rape is defined as sex without consent, and since my consent was procured fraudulently it's not valid. The judge agreed and awarded me $27m."

It is unlikely that Ms Martinez will ever get her money from Havana, so she is on a campaign to seize anything Cuban she can get her hands on. And the planes will be sold first.

Landmark case

While some people applaud the actions taken by Ms Martinez others think it is setting a very dangerous precedent.

The dream turned into a nightmare when Juan Pablo Roque fled

More than 30 years ago many countries, including Cuba and the United States, signed up to an international agreement regarding hijacked planes.

The countries pledged to hand back any hijacked plane that landed on their soil.

The US refusal to give Cuba back these three planes is the first time this agreement has been broken.

"I am losing a lot of sleep over what Ana Martinez is doing," says Rick Asper, a Florida-based aviation lawyer.

"The risk is that Cuba in retaliation might do the same thing in reverse and that is when it becomes even more frightening.

"The risk is that Cuba could seize an American plane - and then we are not talking about some old Antonov, but a Boeing worth $100m."

But Ms Martinez is unmoved and is looking forward to the sale.

The fear for others is that one woman's grievance could place in jeopardy a decades-old international agreement.