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Ciego de Avila #2
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THOUSANDS THE THREE SENTENCE I NUMBER TWO OF TWO
Cause: No. 1/03 Exp. No. 6/03
BLIND PERSON DE AVILA, To FOUR Of the MONTH DE ABRIL Of YEAR TWO THOUSANDS THREE
PRESIDENT
ESP. ODALYS DIAZ LAUGHED
JUDGES
LIC. CECILIO ACOSTA DWELLS
LLC MARIA TERESA MORALES SNOWS
ARSENIO CASANOVA BOW
LEOPOLDO APPRAISES MENDOZA
VISTA in Oral and Public Field court martial, before the Room First of the Penitentiary, the Popular Provincial Court of Blind person of Avila, based on the Room of the Crimes Against the Security of the State, of the Popular Provincial Court of Camagüey, the Cause Number One of two thousands the three, by the Crimes of PENAL INFRACTIONS I CAPITULATE II OF LAW NO.88 "PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA ", where PEDRO ARGFÜELLES MORAN appear like defendant, Racially mixed complexion, Membership card of Identity number four, eight, zero, two, two, three, zero, eight, eight, eight, four, son of Placido and Alejandrina, fifty and five years of age, Natural of Majagua, Blind Province of Avila, unemployed person, married and neighboring of Building thirty and nine, Apartment five, between one and two, Micro To, Blind Municipality of Avila, Blind Province of Avila, defended by Yaumara Lawyer Gutiérrez Acosta.
Defendant PABLO PACHECO AVILA, White complexion, Membership card of Identity no. seven, zero, zero, four, zero, four, zero, eight, four, zero, six, son of Ciriaco and Nancy, a thirty and year of age, Natural of the Tunas, Province the Tunas, unemployed person, married and neighboring of Street Passage D, no. 205-A, between 4ta and 5ta, Rpto.9 of April, Blind Municipality of Avila, Blind Province of Avila, defended by the Lawyer Maria Luisa Martinez Martinez.
OPERATING PUBLIC PROSECUTOR: SPECIALIST RODOLFO CARBONELL GUERRERO.
BEING PONENTE THE JUDGE: LAWYER CECILIO ACOSTA DWELLS.
FIRST BEING: Section First: Proven which from the first days of the Triumph of the Revolution our country was object of numerous internal actions and contrarrevolucionarias activities on the part of elements pertaining to the overthrown bourgeoisie, exmilitares of the Batiste dictatorship and people influenced by the imperialistic propaganda from the outside; so it is so this province of Blind person of Avila was living scene in those first years of the operations of bandidismo, terrorism, infiltrations, sabotages and contrarrevolucionarias activities; actions that have not stopped in their persistence during all these years of the Revolution. At the present time the imperialistic enemy to modified the methods and procedures to carry out all those subversive activities in all the country; devising new forms, tending routes and manifestations to facilitate the breaking of the internal order and to destabilize the country, with the purpose of eliminating the Socialist Be in favor of treasonous and contrarrevolucionarios elements to the wage-earning service of Yankee imperialism and the contrarrevolucionarias organizations in the outside.
For it and with the noticeable intention to obtain his been mistaken aims in this province of Blind person of Avila, they have leaned and used to a very small one and reduced group of treasonous and contrarrevolucionarios between whom the defendant are like main ringleaders PEDRO ARGFÜELLES MORAN and PABLO PACHECO the AVILAS, individuals who from the Nineties and two and ninety and three come being related to contrarrevolucionarios elements, not only internal, but with other knowing by its hostile and terrorist conduct the miamense Mafia, which has become wage-earning of the Government American, receiving economic remuneration and material support for its treasonous acts to the mother country and servile to a foreign power, accepting in addition the provision to average materials and financiers for the development of these activities, with the interest to undermine the bases of the political system of the State democratically decided by the town of Cuba, to discredit the system of Cuban Government, its institutions, to found news agencies not credited by the Cuban Government on correspondence with the aims of the Government of the United States, as well as the promotion and organization of contrarrevolucionarias actions and annexionist inside and outside the territory of the Republic of Cuba.
SECTION SECOND: Thus the things it was properly proven that the defendant ARGFÜELLES MORAN has not stopped at any moment in his persistence for defeating the Socialist State and for masked it in small grupúsculo contrarrevolucionario to the service of the Government of the United States and self-appointed Avileña Cooperative de Independent Periodistas (CAPTAIN), concealed in the mantle of supposed pacifist and civilist activities of character, has come dedicating to make writings and denunciations of supposed violations of the Human rights in Cuba, being distorted the Cuban reality, mainly in the spheres of the health, medio.ambiente, house, as well as discrediting the prestige of the leaders and the economic, political and social structure of the Cuban State, sending them by means of the telephone route to radio transmitters and foreign means of flat press, fundamentally those knowing by its hostile pressures the Cuban Revolution as they are the cases of badly called Radio Martí, the WCBA 11Ô, the Powerful one, Mambí Radio and the publication of known contrarrevolucionario cut like Cubanet. Magazine of Cuba, published by the Society of Journalist Manuel Márquez Sterling with seat in Cuba: Determining that the defendant ARGFÜELLES MORAN from year two thousands to date sent those means ago a seven and sixty volume nine hundred denunciations of contrarrevolucionarios character and content where he denounced supposed violations of the Human rights, receiving economic remuneration by so viI served to this foreign power
In such sense and attention to all before exposed, the organs of the department of Security of the State in this province of Blind person of Avila, came to neutralize and to put boundary to all these carried out activities proselitismo by the defendant ARGFÜELLES MORAN; personando day eighteen of March of two thousands the three, in times of the night in their situated address in Building thirty and nine, Apartment thirty and five, Micro District To, Municipality and Blind Province of Avila, where after being stopped and being sent to the security element of the State they made a registry in the address of the reference defendant, occupying to him a considerable number of bibliographical volumes of subversive content, that of general form the message to urge the civil disobedience and the disrepute of the revolutionary government take, a radius mark TECSUN, a minirecording mark AVR, a camcorder marks JVC, a typewriter Smit crowns, a headset game, a cable of antenna for receiving radio, two feeders of currents for radio, a battery shipper marks POWA.
In addition it determined, establishment of bonds and contacts of this defendant with Civil employees and Diplomats North American of Section of Interests of the United States of America in City of Havana, between in that are Viky Huddleton, Victor Bokerow and James Cason, that visited our city, participating the defendant in meetings and encounter with these personages, where oriented like fulfilling the requirements of the mentioned section, in order to carry out the projects of the North American government to destabilize the Cuban Revolution, besides to contribute to him to the financing and the average materials for the development of this activity.
SECTION THIRD: Proven which similarly, the defendant MARIJUANA USER representing AVILA of the antiCuban Mafia and members of the self-appointed Avileña Cooperative de Independent Periodistas (CAPTAIN), approximately two years ago, began to transmit denunciations and infractions of supposed violations of the Human rights, for a total of five hundred the sixty and three news, transmissions that sent to badly called Martí radio, been in Miami, sending later articles by telephone route for the Internet page, New Cuban Press, been also in the south of Florida, all these denunciations maliciously distorted the Cuban reality and they insisted to social indiscipline, as well as to create an atmosphere of conflicts and civil disobedience.
By all before exposed, the members of the Department of the Security of the State in this Blind Province of Avila, decided to neutralize all this enemy activity that came developing to the defendant MARIJUANA USER AVILA; personando day nineteen of March of two thousands the three, in hours of afternoon in its situated address in Passage D, number two hundred cinco-A, between fourth and villa. Distribution nine of April, Municipality and Blind Province of Avila; coming to the halting of the referred defendant, where after being lead to the Organo de Instruccio'n of the Security of the State in this Province of Blind person of Avila, a meticulous registry was made in its address occupying to him one receiving radio mark TECSUN, a camera mark MINOLTA, a mini General reproducer ELECTRIC, several cassettes of video, a battery JVC, a shipper of battery with two batteries marks DIGIPOWEL, a video adapter marks JVC, a pair of radio headset and cable of radio antenna, a FAX marks to PANASONY and a typewriter mark EURO, and numerous bibliography of noticeable aggressive and harmful character against our country, Literature that was given to him personally by Civil employees of the Office of Interests of the United States of America in City of Havana. AI following day took care to the wife of this one defendant a camcorder to him marks CANON.
In addition it was properly proven which the defendant MARIJUANA USER AVILA in these subversive activities periodically visited the Office of Interests of the United States, with the objective to sail by Internet, to extract information, as well as, copies of the news against the Cuban revolutionary process, crediting in the site of Internet publications hers as well as of the defendant ARGFÜELLES MORAN.
That also great amount of medicines and foods was occupied him to both defendant in the respective registries made in their address those that were provided in treasonous personal benefit of these and of the very small one and reduced group of tie to the defendant.
That the defendant PEDRO ARGFÜELLES MORAN, has not been making any social activity useful mind for several years in spite of being apt physics mentally and, living fundamentally on the wage that mainly receives from the contrarrevolucionarias organizations in the outside of tie Miami the American Cuban Mafia. It was object of prophylactic measures by the Organo de Instruccio'n of the Security of the State of this Province, by his proclivity to the commission of acts against the security of the state, rejected socially by his neighbors by his hostile conduct to the revolution and by the low level of relation with these, he publicly maintains a sickly and staunch hatred to all the profits, conquests and projects reached about the revolution and very special to the person of the Commander-in-Chief and other Leader of the Revolution, expressing his contrarrevolucionarias ideas as well as their affection, to the resident contrarrevolucionarios grupúsculos in our country and the outside. They do not consist until the moment sanction to him by Court of the Republic of Cuba.
That the defendant PABLO PACHECO AVILA, has not been developing any type of socially useful work for several years, however, to be apt physics mentally and, supporting to his expenses and the rest of his family with the wage that he perceives of the contrarrevolucionarias organizations with residences in the outside, mainly in Miami and Sur of Florida, tie to the American Cuban Mafia. It has been object of prophylactic measures by the Organo de Instruccio'n of the Security of the State in this Province, to belong to contrarrevolucionarios groups with concrete plans of actions against the Cuban Socialist State, is rejected in his zone of residence by his behavior and manifestations against our political and social conquests. Also he presents/displays a visceral hatred by all the projects that the revolution takes ahead which declares publicly, getting along openly with the resident contrarrevolucionarios grupúsculos in our country and the outside. That to the defendant it consists to him that was executorily sanctioned by the Room of the Crimes of the Security of the State of the Popular Provincial Court of Camagüey, in four and ninety Cause no. nine thousands nine hundred, by the crime of Other Acts Against the Security of the State, to Three years of Temporary Deprivation of Subsidized Freedom the same term in Limitation of Freedom, building in the performances Certification of Criminal records, emitted by the Central Registry of Sanctioned of the Ministry of Justice, with date twenty-seven of March of two thousands the three, where it express that it does not consist to him to date in archives, penalty imposed by Judge or Court Justice of Republic of Cuba.
SECOND BEING: That the Plenary one to give proven the facts previously narrated, did it from the detailed, exhaustive meticulous study and detailed of all whatever occurred in the stage of the highly summarized process, as well as of the practiced thing in the Vista of the oral judgment, where the defendant always tried to diminish their responsibility in the imputed infractions, alleging the defendant PABLO PACHECO AVILA, questions because he is not treasonous, who received books of the Office of Interests with the objective of being able to study Self-taught Journalism, that really went to the Office of Interests in three occasions to sail by Internet to remove information sport, the news of social character, but never these with the objective to undermine the Revolution, but because it considers that all event is the news and when seeing that here was not solved the problems it sent them towards the outside, individuals these with which we did not agree in way some if we valued that the defendant sent to the outside more than five hundred denunciations where its content was directed to facts which it turned on presumed violations of the directed Human rights to discredit the Cuban reality and to feed a possible invasion putting in risk the security ours, nótese as no of the reviewed denunciations and that builds documentarily credited talk about to the profits obtained by ours Revolution Cuban neither in the scope of the Health nor of the Education nor other many than they have been reached more in the different spheres from the susceptible social life to that the work not yet is perfect, but to the being elaborated of the form in which both defendant badly denominated independent journalists, distort themselves, go invested with the poison and the badness, nótese as different witnesses exist who could certainly be listened to and be examined in the act of the oral Vista, such as Elme Carballo Ramos, Angel René Goatherd Lopez, Lorenzo Abreu Fernandez, Rafael Sarosa Sariego and Ivelyn Valle Yanes, those that eloquent way, needs, detailed and with great firmness discredited the content of some of these denunciations, recognizing that the briefed events were not certain and other that still being certain were revolutionary decisions and with few importances that were solved without spirit to arm CHAOS, nor internal difficulties, within the own place where outside originated without the necessity of the participation of other organisms of superior instances, which denotes that these information were not verified as therefore wanted to make see it the MARIJUANA USER AVILA, on the other hand was listened to the witness Jorge Ayllón Ramos, person this that like some of whom they demoted reside in the same town of MARIJUANA USER AVILA, that is, in Nine of April, and that even though certainly in an occasion had a disagreement by problems of a water hose, this not wants to say in way some that witness is invested to retaliate against criminal when to declare as she develops within the locality, his characteristics personal, as well as manifestations verbal that has made in several opportunities at place, because these individuals were credited by which they preceded and the witness Ignacio Lopez Morales, in addition in relation to the Ayllón Ramos was similarly not proposed by the lawyer of the defense to examine it specifically on that individual, that is to say, it did not oppose it, it let decursar his moment for it. Thus the things the defendant PEDRO ARGFÜELLES MORAN, similarly does not recognize completely his participation in the facts, with the only spirit to lessen his responsibility in these, nótese as from the registry carried out in his address according to credited work documentarily, he took care to him more than nine hundred denunciations of supposed violations of the Human rights, directed similarly to destabilize the Cuban Revolutionary Process, in damage of Independence and the National Economy of the Country and in relation to it we could appreciate and examine letters emitted by the tie contrarrevolucionario ringleader to the North American Mafia FELIPE ALEXIS, from the United States of America, the one that has influenced in both accused so that they send information to him which they give margin to a possible intervention of the Government from the United States to Cuba, in these urges ARGFÜELLES MORAN, that it looks for information on economic aspects partner, of marginal zones of the province of Blind person of Avila and military character, also photos took care where he jointly appears east personage with HUBERT MATOS, whom is the President of the Organization Cuba-Independiente and Democra'tica who is in the United States of America, being able to arrive at the conclusion by the Expert Jose Morffi Sela, according to work credited documentarily in calligraphic and ratified expert work in Vista of the oral judgment which the two letters and the two photos that took care the defendant ARGFÜELLES MORAN were made by a same person, that is, by FELIPE ALEXIS, in addition who in the expert works made to the written by hand denunciations occupied so much to the MARIJUANA USER AVILA as to ARGFÜELLES MORAN concluded that they had been made by these, similarly, the denunciations with occupied mecanográficas writings to both convictos, concluded that they had been made with the typewriters occupied to one and another one, respectively, on the other hand, was sent an anonymous one occupied in the address of PEDRO ARGFÜELLES MORAN, arriving itself at the conclusion that was made by this one.
In another order of things a video cassette was examined in the Vista of the oral judgment that was occupied an Argentine foreigner to him, where could be appreciated fehacientemente the position of both accused, where even though in our Supreme Law, the Constitution of the Republic of Cuba, authenticates the right of all citizen of to be free and the right to the free expression, this does not give right the defendant to that they use these average ones to transmit and to spread questions which they distort and they break the internal order of the country, nótese as is a form to transmit and without knowing until place went to do spread these interrogations, defendant have exposed who are journalists of the town, the voice of the town and we wondered Where this the town that requested that it spoke by them? yes, it can which a very small percent within the eleven million inhabitants exists which there are within the Island of Cuba, which they such think and they have I interest of the defendant, but of which yes we are convinced that most of the population of our country at all costs defends the principles of the Cuban Revolution that every day to foment to us with more pride, forces and firmness, in addition in the video the saying of the convictos when expressing could be discredited more fehacientemente that the news removed it so that the world knew the realities Cuba, reason why exist certain bonds that demonstrate their relations with most radical terrorist Mafia, so is so the defendant from the Nineties broke contact themselves labor, beginning in the counterrevolution activities, where PABLO PACHECO AVILA begins in the Cuban Committee of the Human rights, where nine hundred ninety and three were sanctioned by these acts in the year thousands, in addition to all before exposed we could corroborate with the witness Member of the Security of the named State Gerald Estabilé Sanchez, that the contrarrevolucionarios grupúsculos before year ninety and five were members of provoking organizations with cut of sabotage activities in the territory, after the promulgation of Law HELMS BURTON in year thousands nine hundred the ninety and six, where the North American government outlines the programs of transition of the policy in Cuba, defendant take refuge in this, because the fundamental actors that they take the government from the United States were the Agency here the International by the development of the United States, the one that is based on an institution that promotes the financing of all the activities North American in our country, in addition is used the services of the company, through the Office of Interests of the United States in Cuba, and that promotes the Planted Organization of Freedom and Democracy in Cuba created from year thousands nine hundred ninety and eight, where his founder is the terrorist Angel of Fana, member active of organization presided over by treasonous HUBERT MATOS, these is organizations which the gangster groups use to make their activities, which they send resources financings through CUBA PRES, that in our country acts through the Center of Friendship for Cuba, the one that has a page in Internet, place where their information have entered the defendant emitting, receiving by these a monthly wage that oscillates between the four hundred dollars and putting themselves to the service of a foreign power, everything which could be credited through certificates of the Financial Bank the International, the WESTER UNION, that was to him occupied the defendant, where financing credits that received these for his acts contrarrevolucionarios, in addition witness could to state with Antonio Herrera Vázquez, Head of Group of Instructors that participated in the case, that of eloquent form, detailed, detailed and without doubt, she declared and exposed even table that she detailed as much PEDRO ARGFÜELLES as PABLO PACHECO from half-full of year two my two to beginning of year two thousand three was receiving extreme considerable from cash, and when it was to investigate with the convictos about the knowledge of the people which they consisted had sent him such sums, these in no case they could on the matter give to unloadings, because they did not know the senders, everything which denotes that the Government of the United States financed to the defendant through dark formulas, that obvious cannot be recognized by
defendant, reason why in way some we can speak of which this activity did it of conscious way without no type of interest in return, on the other hand the dicente did reference before the hearing about the occupations of the ample volume of the originating subversive material of the United States of America, talking about even to you exceed yellows which they have kills meetings of the United States where they are more than credited, as far as the occupied materials, that these were supplied to these people; according to it was possible to be stated with the video that was contributed as documentary evidence and examined in the Vista of the judgment in an occasion by civil employees of the Press office and Culture of the Office of Interests of the United States in Cuba, thus we see as in date thirty of April of year two thousands two were made the supplying through the visit of the ex- civil employee of the Office of Interests of the United States in Cuba, Viky, to the address of Juan Carlos González Leiva, individual this one member of the Cuban Committee for the Human rights been in Blind person of Avila and date twenty-nine of November of two thousands the two, in the own one building was made the supplying by the present Platoon leader of the Office of Interests North American in named Cuba JAMES CASON, everything which was received by the defendant PEDRO ARGFÜELLES and PABLO PACHECO, where all the content of the materials, is Literatures that have a noticeable ideological confrontation of injuriar to the symbols and martyrs, serve as instrument to infect to the population with these materials and simultaneously they orient to the grupúsculos, of as it is the strategy, constituting a subtle form and in others of opened form, which demonstrates that the government of the United States, the been contrarrevolucionarias organizations in Miami and the grupúsculos of the same nature are one single one and clear it is directed by first, reason why both encausados are partisan wage-earning that depend on those, then none we can say that they are independent, being able to listen in this sense that the witness Ramon Platt Lopez. Professor of History that participated in the examination of occupied Literatures, that of form knew with extreme knowledge and experience in the matter could clarify before the plenary one as they are the basic characteristicses of the content of these books not being others but the one to distort the history and the present social reality of Cuba, in her it does not know the profits of the Cuban Revolution, advocates a democratic change in our country, where what it sets out it is to return back, it has an approach in opposition to the revolution and its platform, political ideology, agrees with the criterion of the Mafia and the counterrevolution, attacks against the leaders of the revolution, slanders and they injurian to the Commander-in-Chief, on the other hand the dicente with extreme elocuencia, security and firmness was in charge to do a division in occupied Literature exposing its criterion and valuations with respect to each one of these types, arriving at very precise conclusions, summarizing that by his years of experience never it had seen a Literature so vitiated as this.
In another order of things, in the made occupations, technical means took care indispensable to make the enemy activities that came executing the defendant as they were radio, leaves, lapiceros, mini reproducer and other that build credited fojas of the summary, being able to determine that PABLO PACHECO AVILA received radius TECSU by the Ex- Female leader of the Section the Office of Interests named Viky, individual that yes the criminal knew only whom he does not admit it to have received with subversive aims, and but why he did it, then these radii are not common radios and current, but that they have his peculiar characteristics, additions that them difference of the rest of the radii, and are destined to recepcionar information of short wave of the south of Florida, being able to corroborate such particular with the documentary evidence that it builds to fojas of the consisting of file report emitted by the experts of the Agency of Control and Supervision of the Ministry of Computer science and Communications, being in equal situation the defendant PEDRO ARGFÜELLES MORAN, who received one of equal mark in a meeting that was carried out in the CASON address, according to certificó the Captain Antonio Herrera Vázquez, of the Department of Security of the State when demoting before the Court.
Also he was listened to the witness Nolazco Carmenate Acosta, whom could give unloadings to near the behavior of the defendant PABLO PACHECO To VILA, during the investigativa stage which was positive, referring in addition as far as the occupation to the camcorder that was not done during the house search taking care only the manual, where soon in the interrogation raised that he was going it to give, which was obtained through his wife, counting credited east individual fojas of the investigativo file.
On the other hand the rest was beneficial from the practiced documentary evidences, such as information trasmitidas by both blame badly called radio transmitter Martí, summaries of clinical history of the inmates Henry Dobao Perez and Hilario Rodriguez Go'mez, those that demonstrate that these have received the due medical attention and the suitable treatment when they have needed it, in addition valued certifications emitted by the Center of Press the International of the MINREX where the different article publications are demonstrated of foreign means of press provided by both defendant, certifications of the Office of the Security of the State for the computer science networks of the Ministry of Communications and Computer sciences crediting the Internet site wherethey published both defendant, Certifico of the Ministry of Justice where he considers that the Avileña Cooperative de Independent Periodistas is not new recruit, Certifico of the Unit of Protection to Diplomatic Seats of the Department of the Interior, where they consist you pass of entrance of the defendant MARIJUANA USER AVILA to the Office of Interests of the United States (SINA), in addition fototablas was valued ilustrativas where the different technical means, documents, pamphlets and articles used by the defendant in their subversive activity are observed, on the other hand an annex was examined where the letters and photos received by the defendant ARGFÜELLES MORAN take shelter , sent by contrarrevolucionarios ringleaders, asking for military intelligence to him, political and social.
Finally the plenary one considered the Certification of Criminal records sent to name of the defendant PABLO PACHECO AVILA by the Central Registry of Sanctioned, propose by its defense counsel, where it is credited that they do not consist in these archives to date penalty to him imposed by Judge or Court of Justice of the Republic of Cuba, and in defect we do not welcome the Certification of Sentence sent by the Room of the Crimes Against the Security of the State of the Popular Provincial Court of Camagüey, every time the nature of the sanction of Limitation of Freedom that is credited in this certification is cancelled by the Central Registry of Sanctioned to to pass its term and to fulfill the obligations satisfactorily the sanctioned one.
Reason why when valuing separately and of set all before exposed it is that the plenary one could arrive at the total conviction about the criminal responsibility of the encausados ones in the imputed facts.
THIRD BEING: That the Fiscal Ministry maintained like definitive its conclusions that build included/understood between fojas eight, nine, ten, eleven, twelve, thirteen and fourteen of the roll.
QUARTER BEING: That the Defense counsel, Lawyer Maria Luisa Martinez Martinez also maintained like definitive her conclusions that build to fojas thirty and two and thirty and three of the roll.
That the Defense counsel, Yaumara Lawyer Gutiérrez Acosta, modified her conclusions that build to fojas thirty and seven and thirty and eight of the roll in the sense to deny the Infraction anticipated in article six, separated one from Law no. 88, to recognize the penal infraction of articles seven, separated one and eleven from the mentioned law in relation to article ten, separated one interjection a) from the Penal Code and to interest in the villa a sanction of Three thousand quotas of weights each one, maintaining the rest of its conclusions.
FIRST CONSIDERING: That the facts that are declared proven, constitute crimes of PENAL INFRACTIONS, anticipated and sanctioned in articles six, separated one three, lnciso b), seven-one-three and eleven, all of them of Law no. 88, "PROTECTION OF INDEPENDENCE NACI0NAL and the ECONOMIA OF CUBA ", since in agreement appear such from both comisores accumulated and spread, material of subversive character of the Government of the United States of America, its agencies, dependencies, representatives, civil employees or of any foreign organization, to support the objectives of the Law Helms Burton, the blockade and the economic war against our town directed to break the internal order, to destabilize the country and to eliminate to the Socialist State and the Independence of Cuba, facts that made with spirit of profit by means of gift, remuneration, compensate or promise of any advantage or benefit. In addition these comisores with identical intentions already narrated and the same one I animate of profit, collaborated with radio transmitters, newspapers, magazines and other means of foreign diffusion. Finally for the accomplishment of these facts of direct form and by means of third, they received, they distributed and they participated in the distribution of average financiers, materials and of another nature, coming from the Government of the United States of America, his agency, representative, civil employees and private organizations.
SEGUNDO CONSlDERANDO: That they are responsible penal for the crime PENAL INFRACTIONS, for authors the defendant PEDRO ARGFÜELLES MORAN and PABLO PACHECO AVILA, by it to have made by itself, as establishes article eighteen, separated one and two, interjection a) of the Penal Code.
THIRD CONSIDERING: That in the commission of the crime the modifying circumstances of the criminal responsibility, attenuation of article fifty and two do not concur, interjection ch) of the Penal Code, interested in the defense counsels of the defendant ARGFÜELLES MORAN and PACHECO AVILA, taking care of who in acting of these two defendant is not appraised on the part of the Room that these have acted in the elucidation of the facts or its confession to the competent authorities of spontaneous and voluntary form because the accumulation of tests in his against was so, that in way some could deny or avoid their responsibility; valuing in addition the Plenary one that the police participation was so effective that he was not possible being harmed by the defendant, in such sense we understand that no of them is deserving of the benefit asked for to their favor by their respective defenders.
QUARTER CONSIDERING: That the criminal responsibility takes with himself the obligation of civil character to compensate the damages and damages produced by the action. Not pronouncing to us in this cause not being originating.
FIFTH CONSIDERING: That to adapt the measurement of the sanction to impose we considered the preceptuado thing in the articles twenty-seven and forty and seven, separated one from the Penal Code, valuing for it the extreme social danger that lock up these facts that attempt against our national security and the implications that until in the international order brings prepared, putting in serious risks the relations with other countries; violating even the articulated one of our Socialist Constitution, generating these serious actions damages to the well-being and the interests of our town, because the slander and injuriosas denunciations that they sent transmitters ago and been contrarrevolucionarias magazines of cut in the south of Florida, do not have another aim that the one to discredit the institutions of the Cuban Government, contributing of this form to the pretensions of the enemy to damage our international image, to promote the political isolation, we created problems with countries friends and to affect our insertion in the mechanisms of regional and international economic agreement and integration, with serious consequences for our economy and the development of the country in general, serving all it as it bases for the design and implementation of the different projects, plans and toxic effects against our country, including the blockade and all the regime of economic sanctions; participating the defendant with the committed violations of conscious form to support the hostile and provoking policy that during these forty and four years of revolution has maintained on our country the Government of the United States, because as lacayos of the empire they are lent to carry out them and contribute to his execution putting, as already we expressed, in danger our sovereignty, independence and security, with the purpose of increasing his gains, because without a doubt some this did it in exchange for economic remuneration that offered the empire; we valued the terrible social conduct similarly and political maintained by the defendant, who did not make any useful activity socially, living at the cost of flatteries and you compensate it that they received by the actions that offered the enemy. Against the defendant much less do not concur the modifying circumstance of the criminal responsibility of attenuation of two Article fifty and interjection ch) of the Penal Code and
still the extraordinary attenuation of the sanction of four Article fifty and Section one of the mentioned legal body, interested in favor of the defendant MARIJUANA USER AVILA, taking care of who was not appreciated the extenuating one interested, reason why this plenary one understood prudent, accurate and rational given our legal conscience to impose a coercive measurement taking care of the personal characteristics of the defendant and the nature of the legal transactions made by these.
SIXTH CONSIDERING: That this plenary one did not appreciate the adecuativa circumstance of the criminal responsibility anticipated in the Article fifty and five sections, one and three interjection a) of the Penal Code interested in the given Fiscal Ministry to that does not concur in the person of the defendant MARIJUANA USER AVILA, since according to the own negative certification of criminal records emitted by the Central Registry of thus Sanctioned does not make them see; considering which the sanction that consists according to certificate of sentence emitted by the Provincial Court Popular Camagüey was at its cancelled moment of office when being a subsidiary sanction of the privative one of freedom.
WE FAILED: We sanctioned to the defendant PEDRO ARGFÜELLES MORAN, like author of a Completed crime of PENAL INFRACTION of article six, numeral one and three interjection b) of Law no. 88, to TEN YEARS OF TEMPORARY DEPRIVATION OF FREEDOM; like author of a Completed crime of PENAL INFRACTION, of article seven, numeral one and three of Law no. 88, to EIGHT YEARS OF TEMPORARY DEPRIVATION OF FREEDOM and like author of a Completed crime of PENAL INFRACTION, of article eleven of Law no. 88, to EIGHT YEARS OF TEMPORARY DEPRIVATION OF FREEDOM and as JOINT SANCTION UNICA we impose TWENTY YEARS to him OF TEMPORARY DEPRIVATION OF FREEDOM.
We sanctioned to the defendant PABLO PACHECO AVILA, like author of a Completed crime of PENAL INFRACTION, of the article six, numeral one and three, interjection b) of Law no. 88, to TEN YEARS OF TEMPORARY DEPRIVATION OF FREEDOM; like author of a Completed crime of PENAL INFRACTION of article seven, numeral one and three of Law Not 88, to EIGHT YEARS OF TEMPORARY DEPRIVATION OF FREEDOM and like author of a Completed crime of PENAL INFRACTION; of article eleven of Law no. 88 to EIGHT YEARS OF TEMPORARY DEPRIVATION OF FREEDOM and as JOINT SANCTION UNICA we impose TWENTY YEARS to him OF TEMPORARY DEPRIVATION OF FREEDOM.
That they will fulfill in the Prison that designates the Department of the Interior, with the accessories established in article thirty and seven, separated one and two from the Penal Code, consisting of the loss of the right to the active and passive suffrage, as well as of the right to hold positions of direction in the organs corresponding to the administrative political activity of the State, in State Economic Units and Social Organizations and of Masses.
Like accessory sanction: Comiso of all the goods either objects that served and were in favor destined to serve in the perpetration of the materialized crime of both accused, giving him to the useful destiny the more from the social economic point of view and its destruction to which they lack utility, as forty and three establish article, separated one, two and three of the Penal Code.
As far as the occupied thing it is arranged: That a unit of the book titled "Cuba before the Civic Reason" a magazine Free Letters, a magazine of the Journalistic Society mark STERLING, a unit of the Pinto book Eye, a unit of Jose Martí "the Invention in Cuba", an exemplary dissident magazine of September of the 2002, compendium of seven leaves "Reporter without Borders", a book "the Secret Wars" of Fidel Castro, a book Pisses Cuba, a magazine of Cuba; a Cuban Hispanic magazine; ten subversive pamphlets of character, denominated "Society and American Values, to found Cuba Freedom, the Etica of Means of Information, Hedline, Paya esteem that the opposition in Cuba entered a new stage; aid of foreign policy of the United States; Cuba Social Facet; speech of acceptance of Sajaron Prize; by Cuba; Reporter without Borders; All United Ones; Proposal of Measures to leave the crisis; a titled unit "Brief History of Cuba"; a unit of the titled book "Letters to Elpidio"; a unit of the titled book "Of the Mother country of One to the Mother country of All"; a titled book Drug trafficking and Revolutionary tasks; three titled books "Encounter"; a book titled "Manual for Journalist"; a unit of the Bulletin of the Cuban Committee Human Pro-Derechos; five "Dissident" units of the pamphlet; two units of the magazine "New Cuban Press; a denominated magazine "Images of the Cuban Civic Resistance"; a denominated magazine "Thirty Days"; a denominated magazine "Imago"; a pamphlet "EI Camagüeyano"; a denominated pamphlet "Information Independent Economic Partner"; a denominated pamphlet "All United ones"; three pamphlets denominated "Without Censorships"; twelve denominated pamphlets "Cubanet"; a denominated pamphlet "Declarations of President Bush; on the examination of the Policy Cuba did "; a denominated pamphlet "Letters of Cuba"; a copy of the activities made by the Cuban foundation of Human rights; two comprobantes of collections of money the Western Union to name of Pablo Pacheco Avila; a comprobante of passes the SINA to name of Pablo Pacheco Avila; four you exceed yellow with bush seals of press and culture of the SINA; two cassettes of small video use SONY mark; a video cassette marks Maxell of use; five small cassettes of use video; manual MW.FM.SW World a Regeiver radio; letter of date 28 of April of 1996 of Branches to Pedro of a single leaf; written leaf that says Room of Punished Morón Hospital and relation of eight names; magazine Generation of Change; daily newspaper of America; of date 28 of July of the 2002 with seal with following text THE U.S. General CONSUL 3200 HAVANA PL WASH DC 20521-3200; address book within on yellow with a die and impressions of Printmaster Clasp following documents: - strip leaf of paper with alphabet and species of key; - light-striped of paper that Wilson heads with Republic of Cuba Dider de la Cruz; fragment of paper signed by Yoel C.A.P.I.; sheet of paper written to red by Elicer Tejeda Carbonel; sheet of paper written to red headed by women to on of the grates; piece of red written paper of Luis to Yoe; fragment of paper headed by the Astonishment of the Century of date 18/11/1999; fragment of headed paper EI Astonishment of the Century of date 1/11/1999; Fragment of headed paper initiates the Judgments to the Jineteras; fragment of paper headed by the inmate Abelando Baez; fragment of headed paper to Morlay Noal and Reidel; fragment of paper directed Pedro by Yoel on 15 and 16 of November; fragment of written machine paper and letters with lapicero and pencil; sheet of paper broken written to red headed by the CVP of the old Libermat; small piece of paper signed by Guillermo Perez CCPDH; fragment of paper with date 3/11/99 signed by C.A.P.I. Gilberto Perez; fragment of red written pencil paper and signed by Yoel; red fragment of paper and signed by C.A.P.I. and Yoel; red fragment of paper and headed by after the massive force of last day 7 of December, fragment of titled paper Tortures to inmates in the Provincial Prison of Blind person of Avila; fragment of written red paper of date 16/11/99; fragment of written headed red paper Yosvany Marquiades Aragón; fragment of written red paper headed by 24 and 25 during the Hurricane; fragment of written red paper signed by Grove; fragment of paper of July 11/1999 by Yoel, fragment of headed paper notices This is my
Secret against the Division; fragment of paper headed by an equal thing to which you commanded to me; fragment of paper headed by Raul Revalta Districts; fragment of paper of the 20 of December of the 1999 directed to Pedro; written by hand sheet of paper headed by evacuation; written by hand sheet of paper headed by Syndrome of the grates; written by hand sheet of paper headed by Total a Sun; sheet of paper written by hand of date 14 of December of 1999 directed to Pedro de Yoel; fragment of sheet of paper headed by Jose Manuel Masa Medero; written by hand sheet of paper denunciation; fragment of headed sheet of paper Héctor Delgado Go'mez; written by hand sheet of paper the 30 of June of the this year; fragment of headed paper considered Is Pedro I received your note and your articles; paper fragment beginning with J.M.M.34; sheet of paper headed by the guard of the Company of Citruses of Ceballos; sheet of paper headed by day 20 of June of 1997, was personaron; sheet of paper headed by Clinging with both hands to the Cord; sheet of paper headed by Gustavo Luis Perez Ceballos; written by hand sheet of paper headed by Grove, these words go to name of all; sheet of paper headed by formulas by Jose Valladares the Rose; fragment of sheet of paper directed to Santiago de Yoel; document of two computer leaves of date 15 of September of 1997 signed by the Delegate of Independent Lawyers, two equal documents; fragment of leaf initiated by Zaritu Hope Towers; two sheets of paper of a letter of date 7 of February of 1996 Pedro de Germa'n; written by hand sheet of paper headed by any right to honor to Jose Marti '; fragment of paper of Balmaro to Luis Field; fragment of paper to Pedro de Yoel who says that this more kidnapped Eliancito or Yoelito; leaf of written by hand computer new extreme cruelty of the repressive organs; sheet of paper headed by I also participate in the golpiza the Head of the zone of isolation; sheet of paper headed by Maria Cruz Moreira; sheet of paper headed by Adolph Fernandez Zaín; fragment of paper by Luis Field Corrals; fragment of paper headed by from the 11/8/96 to the 6/11/97; fragment of paper headed by Jose Manuel Valladares of the Rose; fragment of paper headed by René Go'mez Apple tree; two manuals of lnstrucciones of Radio; a bottle of use of FISH OIL; fifty and seven capsulas of Loperamide Hidrochlorioc; three capsulas of Imodium; on of yellow color of medicine remission of the United States; ten photos to color; six you exceed with letterheads of the section of the United States; seven documents sent by the section of interests from the United States to Pedro Argfüelles; certification of criminal records of Pedro Argfüelles; sheet of paper written to machine where a donation of Pedro Argfüelles to Mario Mestril Vega is reflected; a written red paper 100 bills of dollares, AD 44309504 To, and AB 619147561 Ms; tirilla of paper so that Argfüelles gives an amount of money; written machine leaf with I title affected hundreds of thousands of Cuban families; four written machine leaves with I title a Triada of the Present time; fragments of written leaves think workers of a hospital; written affected machine leaf the Population of Morón; machine leaf written again anti-government posters; written machine leaf descended in the University of Camagüey; written machine leaf strong harassment; seven leaves with written by hand denunciations; eight leaves of correspondence to Pedro and Argfüelles; five leaves of a letter of date 21 of December of the 1996; yellow leaves of a letter of Pedro to Argfüelles of date 25 of May of 1996; fragment of leaf of Pedro de Raul; letter in on of Mario Alfredo to Pedro; letter of Carlos to Pedro; letter in his on for Antonio Femania; letter of Alexis Morejón; three you exceed empty for Pedro Argfüelles; magazines Muslim life in the United States; agenda of pocket of Pedro Argfüelles; card of amnesty for Bulmano Victor; a case of Tecsun radio: recognition of Osvaldo Sardival to Padro Argfüelles by proytectop Varela; telegram of Márques Stilen to Pedro Argfüelles; magazine the cost of the terrorism in human suprimiento; six magazine of the society of journalist Marques Sterling of date 2 of February of the 2003; book Conquista of the Nature; magazine 3 lives of the news article; project list Varela; magazine on Norge Bus President; compendium Table OF Contien; book Your Body is Yours; book Trip to the Heart of Cuba; book Contemporary Universal History; book of Geography Been Unídense; manual for journalists; it guides for responsible members of press; the divided democracy; journalism and creativity; history of the United States; book of style of the Country; democratic letter to ínter America; veintiuno cases out of yellow color; book 24 of February CDEL 2003; pad of Pedro Argfüelles; pad of reports of Pedro Argfüelles; compendium the Camagüeyano; letter to Fidel Castro of the 26 of September of the 2002; compendium society volume 7 department of State of the United States; compendium of price and treatment for the drug addiction: compendium Info Facts; seven leaves of reporters without borders; request of aid to a mother who is, the nongovernmental organizations; we celebrated 24 February; universal declarations of human rights; on yellows of the press office YT culture of the United States; Pablo Pacheco Avila: brief book history of the United States; book EI Great World-wide Board, with a sphere of the world in the title page of the author; book Foreign policy with the subject After Casano; book the Cost of the Terrorism in Human Suffering; book Foundations of the Media; book Technical of Education of the Media; book Idea and Life of the News article;book a Press without Fastenings; book Journalism and Creativity; two books of International Human rights; book the Great Rupture; book a More effective and Less Expensive Government; book Regulating Law of the Right Asylum, two books Encounter with the Letters; book History of the United States; Martín book Luther King; book of the Foundations of the Media; a titled book Literatures Unidenses States; a titled book Controlling the Corruption; book titled Manual for the Journalists; titled book the Courts of the United States; titled book Evidence that demands a Verdict;titled book EI Viaje de Juan Pablo II; titled book Doctor Ajeno; two books of the Declaration of Independence of the United States, the collection Flash units 56.58.60.61.66.67.68.69.110 and 112 with subjects varied; of the Cuban Hispanic magazine numbers 9 and 10; titled book the Foreign policy; a titled magazine Change of the Climate; fourteen denominated pamphlets Dissident; two volumes of the magazine of Cuba; a titled magazine New Cuban Press; four titled magazines NEW WEEK, in Spanish; three titled magazines New Cuban Press; a titled magazine the Movement of the Human rights and the legacy of Martín Luther King; a map of the United States of America; a denominated magazine ROME of the origin to the 2000; a denominated magazine Muslim Life in the United States; a magazine to the Introduction of the Human rights; a manual named the Democracy a Discussion; book the Constitution of the United States; the lining of a title page of a called book Black Libro of the Comunism; two newspaper a Miami and Florida and the other Newspaper of the Américas; 41 loose pamphlet leaves and magazines inside on yellow; 4 fotocopiados pamphlets titled Pulse of the Media; 6 denominated pamphlets Table OF ConText; three named pamphlets Independent Socioeconomic Information; 23 pamphlets of several subjects in relation to the media; 41 denominated pamphlets All United ones; proposals of measures to leave crisis; 6 pamphlets denominated without censorship; 6 declarations of the Human rights; two universal declarations of the Human rights; a pamphlet of the Project Varela; a denominated sheet of paper Declaration of Principles; a listing of the collaborators of the Cuban Foundation of the Human rights; 5 pamphlets of the program of Refugees; a pamphlet with the labels the responsible press office. Guide for its members;an agenda of red color Steno Book with directions and telephones; an agenda with denunciations and telephone numbers of white color Executive Streno Notebook; a receipt written by hand with the names of lldelisa Castro and Daimarelis Perez Martinez; 563 (five hundred seventy and five) written by hand and to typewriter; 13 correspondences; 9 directions in different presillados papers; a recognition to name of Pablo Pacheco Avila by the project Varela; citations to name of Pablo Pacheco Avila; 8 you exceed empty 6 of intense yellow color and one of color cartridge and on target, with bush seals of the SINA;a membership card to name of Pablo Pacheco Avila, who identifies it like Member of the Cuban Foundation of Human rights; a manual of a camcorder marks CANON; a manual of a mini recorder; a manual of FAX marks PANASONIC; pomo transparent of Vitamin and opened; pomo opened of GLIFIZIDE tablets; pomo opened of tablets of NON ASIRIN; pomo opened of CALCIUN tablets; pomo opened of Vitalert; pomo plastic of color opened Vitamin amber D; case of black color with closing to contact; a video cassette marks to LG VHS model; ten cassettes of video mark PANASONIC VHS-C model; three cassettes of video mark to TDK VHS-C model; 23 cassettes of audio, a film reel for camera of photography apparently used to be gathered; 7 magazines and 8 pamphlets with contrarrevolucionarias Literatures; 2 notebooks with personal annotations which have information of contacts maintained with contrarrevolucionarios elements; that they are destroyed to lack value and public utility.
As far as six ball-point pens, 4 of black color and two blue ones; a camcorder JVC with his to connect and manual; a cassette of new small video; a first cassette; a minirecorder AVR in use; a cassette of recording SONY mark; desalimentadores of current for radio; a battery shipper marks POWA; a receiver in its case marks TECSUN; a headset game; a cable of antenna for receiving radio; a typewriter Smit Corona; a recargadora of battery marks Digitalis with three batteries; a package of white leaves sealed; a camera mark MINOLTA; a camcorder in its case marks plastic CANON of silverplated color, of Korean manufacture with a label of black letters in the cover of the digital screen is 8400V, with case of black color with label of in the cover that says AMBICO; a source of camera previously described, with its cable; a cable type plut with two completions that are used to connect the camera to a television set; a receiving radius mark TECSUN; a minireproductive mark General Electric (AVR); a video cassette small sealed SONY mark; a video cassette marks new TDK; a battery JVC; a shipper of battery with two batteries DIGIPOWES; a video adapter marks JVC; a feeder of white color of 110 VOLT; a pair of radio headsets and a cable of radio antenna; a presilladora of white color mark STANDLER; a box of fastener with its fasteners; sacapresilla of white color; a tape of typewriter in a black box; three pencils white and one Carmelite one; a FAX of white color PANASONIC mark; a typewriter mark EBRON; three bottles of NON ASPIRIN ACETAMINOPMEN; a new franc of sealed aspirin; a Vitamin bottle C; a frank aspirin transparency; three bottles of IBUPROFEN; a bottle STOOS SOFTICNER; a bottle of ALLERGY MEDICINE FORMULATES; a bottle of antirust formula; sodium bicarbonate; Vitamin DAILY MULTI; work; that the POLISHED defendant LOPEZ, if he is built-in to the work and that the social conduct of the four defendant is deficient. That the positions of the defendant do not tend to amend their conduct, every time they are more militant and intransigentes, reason by which, in answer to the real threat that their actions lock up, the Court by privative sanctions of freedom was pronounced which they take with himself the severity that respond to the task of the defendant to give to our sovereignty and independence to a foreign power, being this the only one via obtaining in them the punitive and educative aims of the sanction that prevee in Article Twenty-seven of the Penal Code.
WE FAILED: We sanctioned to the defendant NORMANDO HERNANDEZ GONZALES, like author of the completed crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE to TWENTY-FIVE YEARS OF TEMPORARY DEPRIVATION OF FREEDOM.
We sanctioned to the defendant MARIO ENRIQUE MAYO HERNANDEZ . like author of the completed crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE to TWENTY YEARS OF TEMPORARY DEPRIVATION OF FREEDOM .
We sanctioned to the defendant ALFREDO POLISHED MANUEL LOPEZ, like author of the completed crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE to FOURTEEN YEARS OF TEMPORARY DEPRIVATION OF FREEDOM.
We sanctioned to defendant ALEJANGRO GONZALEZ RAGA, like author of the completed crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE to FOURTEEN YEARS OF TEMPORARY DEPRIVATION OF FREEDOM.
All the sanctioned ones will fulfill in the prison that designates by the Department of the Interior with the accessories established in the Article Thirty and seven sections to him One and Two of the Penal Code, consisting of the deprivation of the right to the active and passive suffrage, as well as of the right to hold positions of direction in the organs corresponding to the administrative political activity of the State, in economic-state units and social organizations and of masses by an equal and parallel term to the imposed main penalty.
The accessory of four Articulo Forty and section One of the consisting of Penal Code the confiscación of estomatológico instruments occupied to accusing ALFREDO POLISHED MANUEL LOPEZ.
The accessory of the article Forty and three section One of the consisting of Penal Code the Comiso of two receiving radios, a pair of headsets with an extension, a shipper with four to pound, a portable radius, an audio minirecorder of a printer, that were occupied him to the defendant GONZALEZ RAGA, as well as all the materials with contrarrevolucionarias publications and the medicine, constituted by vitamins, analgesic, antiflamatorios and antihistamine.A portable radius with its accessories, a shipper of batteries, two batteries, a minirecorder of audio, cassete, two hundred seventy and two books, printed materials, a book of control, a telephone listing, as well as medicines occupied to the defendant MARIO ENRIQUE MAYO HERNANDEZ a radius of seven bands with its shipper, two pairs of headsets, a microphone, a communications equipment by FAX, a typewriter, a sheet of paper, one hundred fifty and seven publications and other materials occupied to the defendant NORMANDO HERNANDEZ GONZALEZ.
AS FAR AS The CIVIL REPONSABLILIDAD: Uprisings not being do not become indispensable.
AS FAR AS The OCCUPIED Thing: Estomatológico instruments, to give itself to Sectorial the Provincial one of Health of Camagüey, as well as medicines; all the publications that include books, magazines and pamphlets, to give to the Department of the Interior for its destruction. All the electronic equipment and means, to give to the Department of the Interior, since its technical complexity does not cause that he is prudent his use in no other activity.
AS FAR AS The MEASURES YOU WILL PREVENT: Given the high danger of the facts and to the penalties imposed in each case, to maintain provisional the prison arranged.
NOTIFIQUESE: This sentence to the parts doing to it to know them that against the same one Resource comes from Abrogation, which will have to be established in this Court within the three following working days of its notification stops before the Popular Supreme Court of the republic.
REMITASE: Copy from this sentence to whichever places in fulfillment of the Law comes.
ASI BY THIS OUR SENTENCE, The PRONUNCIMAOS, WE SENT And WE SIGNED The JUDGES Of the MARGIN.