Guantanamo #2
English (machine translated) | Spanish
THOUSANDS THREE SENTENCE NUMBER TWO OF YEAR TWO
PRESIDENT:
Lic. Ibrain Elliot González
JUDGES:
Lic. Georgina Pichardo Portuondo
Lic. Iralis Jadines Lores
Modest Benign Lafourcade Jay
Deisy Caboverde Revé
In the City of Guantánamo, to the three days of the month of April of year two thousands three. Vista in oral and public judgment, before, the Room First of the Penitentiary of the Popular Provincial Court of Guantánamo based on the Room of the Crimes Against the Security of the State of the Popular Provincial Court of Santiago of Cuba, the cause number eight of year two thousands three, followed by the crimes predicted and sanctioned in articles four sections one and two letters and b; six three sections one and b; seven sections one and three; ten and the eleven of the Law Number.
Eighty and Eight of Protection of National Independence and the Economy of Cuba, between parts, of one the Fiscal Ministry represented by the lawyer Alfredo Foster Seivewrigth; and of the other the lawyer of the Collective Writing desk of Guantánamo the Lawyer Adolph Rodriguez Blond Fernandez designated by the defendant Manuel Ubals González, son of Elio and Norm, thirty and four years of age, natural of Guantánamo, province of Guantánamo, without labor bond, of married civil state, and neighbor of four street the south, number nine hundred fifty and five, between one and two the West, and in Provisional Prison by this cause and Juan Carlos Herrera Acosta, son of Juan and Rubiselda, thirty and six years of age, natural of Guantánamo, province of Guantánamo, without labor bond, of married civil state, and three neighbor of the ten West, number nine hundred ray D, between Emilio Giro' and Crombet, with criminal records and in Provisional Prison by this cause.
BEING PONENTE JUDGE Lic. GEORGINA PICHARDO PORTUONDO
FIRST BEING: Proven which the defendant Juan Carlos Herrera Acosta and Manuel Ubals González, in express discord with and prevailing Socialist System in our country, and with the Cuban Revolutionary Government, chosen and authenticated democratically by more than eight million of Cuban, with the manifest intention to overthrow it, and to facilitate to the North American Government the routes to him for the application of injerencistas laws, to materialize and to make the blockade and the imposed economic war, as well as the subversive economic taking of steps against the Cuban Revolution more marked, conceived the idea to stimulate the organization and promotion of contrarrevolucionarios grupúsculos, to name of which they appeared like "independent journalists" as a imitating the organizations of extreme existing right of Cuban origin in the United States, tie with the Mafia Cuban-American and to ultraconservative sectors in charge to encourage them, to pay and to provide to them material rebels to them with the purpose of discrediting and of putting in risk the stability of the Cuban Revolutionary Government and its institutions, becoming echo of the stipulated thing in articles of the Law Helms-Burton. Thus the things, and with the objective to take to routes in fact his ideas, the defendant Juan Carlos Herrera Young Acosta tied to the "Cuban Movement by the Democracy", holding the position of Coordinator in the month of October of the year thousands nine hundred ninety and six that he had like aim to make reforms and to obtain the University Autonomy; passed the time, and to the lengthy being the citizen Alberto Martinez Fernandez who fungía as ringleader of the "Club of Prisoners and Political Expresses" the defendant happened to carry out this responsibility, beginning to exert the Independent Media in the month of March of year two thousands two, through magazine CUBANET been in the United States to which it sent approximately ten articles, qualifying to obtain the payment of this activity a card TRANSCARD, as well as disappointed the denunciations sent by prisoners, those whom he sent to Martí Radio, in which shaped supposed situations of maltratos to inmates and citizens on the part of the authorities, presumed committed acts of violence against the population, pick up of certain aspects of the social life of the provincial territory, actions of the Department of Security of the State against the groups contrarrevolucionarios, as well as incident in labor and welfare centers of Public Health, documents these characterized to distort, to falsear and to alter the Cuban reality, with information that were published in the contrarrevolucionarias edition pages of the Magazine Century XXI, published in Miami; organization "Society the International for the Human rights", been in Guatemala, Agency "LUX INFOPRESS", with seat in the United States, also using the Web site "Cuba Free Press lnc", directed from Miami; Cubanet Encuentro in the Network ", been in Spain, using for the transmission of its fictitious information a Fax equipment marks Panasonic, acquired with the financing that received from agrupacione contrarrevolucionarias been in territory of Florida, the one that installed without knowledge and authorization of the Telefo'nica Company, in the address of Noemí Sanchez Garci'a, silo in street Carlos Manuel de Ce'spedes, number eight hundred eleven, between Prado and Aguilera, in this municipality and province of Guantánamo, where was occupied by police agents, having received the referred financing through Banking Agency Western Union, that IE made payments of two remittances of money, first; the twenty of December of two thousands the one, by the sum of fifty dóllares, and second, the twelve of December of two thousands the two, in the amount of one hundred dólIares, that totalizes one hundred fifty dollars, receiving in addition, other remittances of monetary aid by the contrarrevolucionaria organization "Spanish Association by the freedom of been Cuba" in Spain. Continuing in his to act illicit, the encartado Herrera Acosta received in three opportunities at the address of Alberto Martinez situated Fernandez in three street one hundred number thousands fifty and one five corner the West Pastorita Distribution in this municipality and province of Guantánamo, in dates that could not be needed, to civil employees of the Section of Interests of the United States in Havana, interested in knowing the activities these organizations, and the measures of control contrarrevolucionarias that exerted the Cuban Government on these groups and their members, equipping them with technical resources, such as portable radios mark TECSUN so that they tuned the been subversive transmitters in the outside, that disclose realities distorted on the Cuban State and town, urging in addition, to break the internal order and to destabilize the country, equipment that the encartado one distributed between its members. Similarly the culprit in dates twenty-nine of January of two thousands the two, thirteen of September of two thousands the two, sixteen of January of two thousands the three, and eighteen of February of two thousands three, personó in the seat of the Office of Interests of the United States in Havana, where he maintained interviews with high civil employees of this institution to the effects to obtain the obtaining of greater support to the illegal activities to that he came dedicating itself; opportunity in which a photo with the civil employee came to take itself James Cason, as it shows of this contact, serving to him in addition like endorsement for its migratory intentions, whose effects also asked for endorsement of the opposition been in Havana, specifically to connotados the Héctor Palace Ruiz and Elizardo Sanchez Santa Cruz; later in company of other members of contrarrevolucionarios groups badly paid by the North American government, personó again to the referred Office, being received in that opportunity by the Head of this James Cason, in the residence of the diplomats of same, where they shared criteria work and they emitted directions to him on the new antiCuban actions to make, and position of its government to support the internal counterrevolution. Also, with pretext to celebrate date mother country of call Shout of Baire and "to honor" to victims of organization terrorist "Brothers to Rescate", died to being demolished two of his small planes when they flew over the Cuban aerial territory illegally and with the usual subversive arguments that animate them, in date twenty-four of February of year two thousands two, met in the park "Maximum Go'mez", situated in the street sixteen north between three and four the west, Caribbean Distribution, in this city of Guantánamo, trying to carry out an opposite manifestation to the Government, where they would give reading to a document in "tribute" to the crew of these small planes, which was prevented by the fast action of the Security of the State, that came to disperse them, taking part in this action the criminals Herrera Acosta and Ubals González, after which and frustrated its attempt, they went to the address of the citizen Isabel Corcova, situated in street San Gregorio and two North, in Guantánamo, where they signed a video like certainty of which it occurred there, and the encartado Herrera Acosta gave reading and soon they came to sign all the presents, the document of support to the organization "Brothers to Rescate",a traverse of which it urged all the members of these contrarrevolucionarias organizations to offer subversive information against the Cuban revolutionary process. Continuing in their concealed work, in date six of March of two thousands the three, approximately to the eleven and fifteen in the morning criminal Herrera Acosta, maintained to a meeting in the address of Alberto Martinez Fernandez, situated in three street North, number thousands one hundred fifty and one, five corner to the West, Pastorita Distribution, Municipality and Province of Guantánamo, where other personages participated to the service of the United States, twelve altogether, being among them the criminal Ubals González, of set with the civil employees of the Office of Interests John Louis Nigro, Deputy commander of this one, and Susan Archer, Second Economic Political Secretary of same, during which they received from the these last subversive documents so that they continued his contrarrevolucionarias activities, meeting that concluded to twelve and the forty of afternoon. As a result of all these activities known by the Cuban authorities, in date eighteen of March of two thousands three, IE were made to the defendant Juan Carlos Herrera Acosta, a house search in the house where it resides, located in three street the ten West, number nine hundred ray D, between Emilio Giro' and Crombet, in this municipality and Guantánamo province, obtaining to occupy to it him numerous publications, written, pamphlets and materials, all of content subversive, elaborated by him or provided by foreign publishers to the service of the interests of the United States of North America, a machine to write, photos of participation in activities of the Section of Interests where it appears its maximum representative James Cason and other members of the contrarrevolucionarias organizations. On the other hand, defendant Manuel Ubals González, projecting by same ideas antiCuban and undemocratic that he professed Herrera Acosta, and like had disintegrated organization contrarrevolucionaria that he presided over, named "Thirty of November", created "Advice by Freedom of Cuba" seven of August of two thousand two, organization not new recruit officially, and whose objectives were to instruct to the town on human rights and to make denunciations on violations of these, that supposedly committed in the country, affiliating themselves with the "Club of Prisoners and political Expresses", where got to fungir like vice-president in the month of October of year two thousands two, for which one occurred to the task of compiling information of aspects of the social life and the operation of the state institutions, distorting the Cuban reality and the prestige of the authorities, those that he sent to the subversive transmitter "Radio Marti '", in exchange for which he received in two occasions, whose dates could not be needed, the one hundred sum of fifty dóllares, through Banking Agency Western Union, that was sent to them by members of entreguistas and retrograde groups, been in the city of Miami, state of Florida, the United States, so that he distributed it between all the members of the opposition in Guantánamo. From equal way it received in three opportunities at dates nonneeded the sum forty dóllares, in ten games of dóllares the two first opportunities, and twenty in third, of hands of already referred Alberto Martinez Fernandez, ringleader of grupúsculo internal financed by the organizations been in the outside, denominated "Club of prisoners and ex- political prisoners" to satisfy the necessities that presented/displayed by the work that carried out in the organization, as well as a radius marks to TECSUN with the batteries and the shipper. Making the continuity effective of their concealed work, in date twenty-eight of January of two thousands the three, the Ubals defendant González, visited the Office of Interests in Havana, with the pretext to make agile their migratory proceedings to obtain the condition of refugee in fact, contacting with a civil employee who took care of rights citizen, that informed to him on their destabilizing activities and receiving instructions on the actions that had to develop in the future, to reach the objectives drawn up by the representatives of the North American Government. Having the certainty of these illicit works against the Cuban Revolution, thousands the three were come in date eighteen of March of two, to practice a registry to him in the building where this one resides, situated in four street South number nine hundred fifty and five, between one and two the West in this municipality and province of Guantánamo, like result of which it was obtained the occupation of several membership cards and lists with names of the members of contrarrevolucionarios grupúsculos, a radius marks TECSUN with its additions, employee to listen to transmitters been in the outside and that spread the subversive news against the Cuban State, a titled catalogue Document of Democracy ", with twelve pamphlets, published by the Department of North American State, a letter directed to Vicky Hudleson, who held the position of First Secretary of the Section of Interests of the United States in Cuba, soliciing from him economic aid for the attainment of its aims.
The defendant Juan Carlos Herrera Acosta, insured with the measurement to prevent of Provisional Prison by these facts, with onceno degree of schooling, regulating conduct preceding partner-moraI given by the alterations of the order that causes in its address, ejecutoramente sanctioned in the cause number two hundred nine of thousands nine hundred ninety and seven, of the Military Court of Guantánamo Trimming, to five years of Deprivation of Freedom by the crime of llegal Exit of the National Territory.
The defendant Manuel Ubals Gonza'les, insured with the measurement to prevent of Provisional Prison by these facts, with ninth degree of schooling, bad conduct preceding partner-moral, because he dedicates himself to illicit activities, alterations of the order in his address, executorily sanctioned in four and ninety cause eight hundred fifty thousands nine hundred, of the Popular Provincial Court of Guantánamo, by the crime of Illegal Exit of the National Territory to three years of Deprivation of Freedom, replaced subsidiarily the same period of Correctional Work with Internamiento, that constitutes a conduct antecedent to him.
SECOND BEING: Opened the cause in oral opinion, valued the tests practiced, on the base of the criteria of science, the logic, the reason and the healthy critic, the juzgador organ was convinced firstly of the responsibility of encausados in the these facts starting off that the test of confession spilled before the plenary one by the encartados ones in these facts was valued by the judges initially, exposing Manuel Ubals González, who recognized that she belonged to group Thirty of November, and later to the east to disintegrate itself, specifically the seven of August of two thousands the two, founded the Council by the Freedom of Cuba, where fungió like president, recognizing who this organization he was not new recruit legally, affiliating itself soon with the "Club of. Political prisoners and Expresses, admitting in addition, to have transmitted to the antiCuban transmitter "Radio Marti '", two information, referred one of them to a halting that underwent the nineteen of January of two thousands the two. A portable radius recognized in addition to have received from hands of Alberto Martinez mark TECSUN, through as also it was dedicated to listen to the foreign transmitters of subversive character, equipment this one that is not commercialized by Corporacio'n CIMEX S.A. of our country, but, that \ ~ has been distributed by the Office of Interests of the United States in Havana, to the members of contrarrevolucionarios groups, according to to folios eighty and six and one hundred forty and three of the performances in number of approximately thousands in all the country, according to folio report ninety and one of the file, which reaffirmed with guessed right technical criteria the Lieutenant Colonel Roberto Rivas Muñoz, Specialist in Communication of the Department of the Interior, that made an ample exhibition on the characteristics of these radii, specifying that their design, as far as technical parameters, make means suitable to recepcionar emissions DES of the outside, being able to receive with the twenty frequencies used by the subversive transmitters the transmissions of these existing ones in the south of Florida against Cuba, with a high quality. It recognized to have received all the documents that were occupied him in the house search that was made to him in date eighteen of March of two thousands the three, whose act it builds to folios seven, eight and nine of the file, of hands of the wife of Alberto Martinez in date twenty-three of January of two thousands the three, to the east to be prisoner, even reason which contacted in Havana with Elizardo Sanchez Santa Cruz, to know what destiny to give this material, that informed to him that it was to give it to the group of Human rights. The reception of the sum of forty dollars of hands of Alberto admitted the defendant Martinez, in three games of ten, ten, and twenty dóIlares in each one respectively, as well as dóllares came to distribute between members of these groups the sum of three hundred dóllares in two one hundred games of fifty to car it one, received through Western agency Union, according to it is credited to folios fifty and eight and fifty and nine of the performances. He gave to know in addition the main targets to the organization who presided over, related to the instruction to the town on the Human rights, and to denounce supposed violations that in this sense were committed in the country, recognizing to have been present in the activity that was developed the twenty-four of February of two thousands the two, in the address of Alberto Martinez to pay "tribute" to the deceaseds in the demolition of the two small planes of "Brothers to Rescate", when they flew over the Cuban aerial territory illicitly, where also was present the defendant Herrera Acosta, which was corroborated with the filmic material that proposed by the Fiscal Ministry was enclosed like probanza of this end, and where he appears the defendant Herrera Acosta, giving reading to document of dissidence guantanamera, in recordación to "Heroes of Organization Brothers to Rescate", after which they came to guarantee this document with the companies of all the participants pertaining to different contrarrevolucionarias organizations, including those of both encartados, being sent calligraphic samples from these to the provincial Laboratory of Criminology, being able to be adverado by this high center scientific, whose report was contributed by the Fiscal Ministry, that the obrantes companies in the annexed document to the act, which they are acreditativas of the name and two last names of the criminals, were made by these same people adverando themselves to folio one hundred thirty and five of the performances, by means of report, signed by the Head of the Counterintelligence, the hours, dates, places and circumstances in that the members of the opposition, have made provocative activities of governmental function and, specifying in relation to made day twenty-four of February of two thousand two in the park "Maximum Go'mez", situated in the street sixteen North between three and four the West, Caribbean Distribution, in this city and province of Guantánamo, where they tried to give public reading to an official notice, moment in which they were dispersed by the Security of the State. One hundred to the thirteen were also credited to fojas one hundred eleven, that Ubals González, have published or have been mentioned in foreign means articles different of press, making reference to their opposite work to the interests of the Revolution and Cuba. Of equal way, and even though the defendant denied at any moment to have received financing of organizations coming from the outside, could credit itself documentarily by the Public prosecutor, according to certificó the Head of the Counterintelligence in this province, that the Ubals defendant González received from a named person Rosa D'Fana, wife of the Planted leader of the contrarrevolucionaria organization "until the Freedom of Cuba", Angel D'Fana, money in currencies through the Western Union, which also demonstrates its bond with connotados resident contrarrevolucionarios ringleaders in Miami, guaranteeing itself to folios sixty and sixty and one, the reception on the part of this one of the sum of one hundred fifty dóllares through this same agency. Denied by Ubals his personal bond with the Section of Interests North American in Havana, he could corroborate itself to folio twenty-five of the performances, by virtue of an unit report of Protection of Diplomatic Seats of the Department of the Interior, that this culprit, in date twenty-eight of January of two thousands the three, visited this Office, which consists in the controls of the referred Unit. Listened before Court of justice, declaration of codefendant Juan Carlos Herrera Acosta, this one recognized to belong to "Movement Cuban Young by Democracy", whose main target era to obtain the university autonomy and reforms, work for which alleged that they did not have financing, demonstrating itself according to says to folios sixty and four and sixty and five, that really yes monetary support of the outside in exchange for these reactionary activities received, as they credit to the comprobantes of the Western Union by the sum of one hundred dóllares that was recognized by the defendant, exposing like alibi that received east money of hands of a called person Yesenia, by a supposed disease of his wife, which could not prove to satisfaction of the Court, because it referred that it did not know the origin of this cash, exposition that in opinion of the Court was illogical and incredible, and that gives the measurement that yes was coming from the outside as it compensates of the subversive activity to which it came dedicating itself. Nine hundred ninety and seven and two thousands two alleged to have received between years thousands, during their stay in prison, from the "Association Spanish by the Freedom of Cuba", three remittances of money by the sums of sixty, thirty, and thirty dólIares, each respectively, without needing exact dates, corroborating itself to folios one hundred fifty and three of the file, that these cash were received in dates twenty-five of March of two thousands the two, nine of July of two thousands the two, and eight of October of two thousands the two, which demonstrates the lucrative nature of the actions that made, because he is not usual that to shut in people in prison he is sent to them of the outer monetary aid, without being tie to some activity that justifies that repayment, which ratifies itself with the documentary ones annexed to folios one hundred fourteen to one hundred the twenty-five of the file where he describes himself that the culprit Herrera Acosta, certainly has published and has been mentioned in different foreign means of press, among them, the magazine "Century XXI", in the "Society the International for the Human rights", in "Agency Lux INFOPRESS", and to obtain the payment of these services, qualified the card TRANSCARD that annexed to loose cord of the performances; equal information distorted and false denunciations sent to Martí Radio, distorting the Cuban reality, which is demonstrated through the documentary one that eighty and three of the summary are enclosed to folio, where credits that the maltratos to inmates and incidents in the provincial prison of Guantánamo are false, demonstrating themselves through the taken declarations to the inmates Israel Nolazco Jay, Neorlenis Nolazco Pilotage, Eric Almaguer Baratute, Alexis Guibert Rodriguez and Kleivis Manfugás Massó, guaranteed with the company/signature of the Fiscal Head of the Department of Control of the Legality in Penitentiary Establishments. Were also denied all these manifestations with opinion that on documents occupied to the defendant, made the licensed experts Angel Rafael Ferro Martinez and Luis Figueras the Perez, who with their vast experience in legal and sociocultural workings respectively could make an exhaustive examination of all occupied publications, managing to conclude that the content of the same ones is of entirely subversive cut and try to create the confusion, as well as to divide to the town, being sustained in the lie and the distortion of the work of the revolution and its conquests, demonstrating in addition, the narrow bonds of the North American Section of Interests with the reactionary grupúsculos in Guantánamo, from these material that they demonstrate his nexuses, constituting enemy propaganda, being opposite to the interests and postulates that mainly defend the town, referring in addition that these defendant are wage-earning of causes moved by money and merchandises of pacotilla, trying to overthrow the revolution by "the pacific" route, erecting the flags of the democracy and the human rights, noticing itself their bonds with terrorist organizations like the Commando F-cuatro, the Foundation Cuban-American and Brothers to Rescate, all been in Miami, ultrajando the true history of Cuba and the fight of our town to reach the freedom During the police searches were made to the defendant house search to him, whose annexed act to folios from the thirty to thirty and the three of the performances like result of which one took care numerous subversive Literature and photos to him that demonstrate their entailment to competing actions, recognizing this one the possession of all this documentation, and to have decided to exert the "Independent Media", because according to his saying, always more it was tolerated by the Government, through whose exercise it transmitted denunciations of supposed violations of the human rights in the prison, which transmitted via telephone through a FAX equipment marks connected PANASONIC so much this route as to the electrical current, the one that was occupied through the carried out house search to Noemí Sanchez Garci'a, neighbor of street Carlos M. of Turfs number eight hundred eleven between Prado and Aguilera, in this municipality and province of Guantánamo, according to advera to folios eighty and eighty and one of the performances, that its installation without previous authorization of the telephone Company allowed. Contributing positive elements to the conviction of the judges on the culpability of the defendant, the testimony offered before the plenary one by the witness Silvina Rosa Bayeux Quiroga was listened to in the oral act, who is neighboring of Alberto Martinez Fernandez, member of the autotitulado "Club of prisoners and ex- political prisoners, and gave fé of the meetings that took place in this address, and in that they participated to the defendant Herrera Acosta and Ubals González, these also in quality of members of the referred organization, exposing in addition, to have been present at in date six of March of two thousands the three, the arrival to the address of Alberto of the diplomatic car with matriculation two, zero, one, zero, three, one, with personnel who, to his to seem came from some diplomatic seat, those that were reunited in that house by space of more than one hour, information this that is reaffirmed documentarily, by virtue of the report of the organs of the Counterintelligence in Guantánamo, which annexed to folio one hundred twenty-nine of the File of Preparatory Phase. These individuals were corroborated with the declaration exposed by witness Pedro Luis Rodriguez Lambert, the also disabled by health problems, to appear before the judges, despite which its declaration of the investigativa phase was asked for by the Public prosecutor who valued itself by virtue of the settled down thing in article three hundred forty and two of the Law of Proceedings, which was accepted by the Court, in addition it declared that these civil employees received from hands of the criminal Ubals González, a contentivo listing of names of prisoners who are in Penitentiary Establishments of the provinces of Camaguey and Guantánamo, and of the special municipality Island of Youth, details known by this witness by virtue of which, according to his saying, for approximately three years he has been belonging to the Club, and the day before indicated he was present in the meeting that alIí took place, being able to listen to the arguments expressed by the defendant Herrera Acosta in relation to the little attention that the government from the United States offered to the Cuban competing groups, and to the work of repression that against them, came developing the organs from the security of the Cuban State. Of set with these manifestations, security of the Cuban State. Of set with these manifestations, also he illustrated to the Court in relation to information who in this meeting offered to the civil employee of the Office of Interests of the United States in Havana John to him Louis Nigro, on the prices of the familiar basic basket, promising to support with technical resources and economic aid, so that they continued carrying out these activities subversive, declarations these that showed the certainty of the imputations made against the culprits, starting off of the fact which they were referred by people very near these grupúsculos, even, a member of one of them, which confers authenticity and credibility to him to its testimonies, and constituted stops Court direct tests that they entailed to reaffirm the culpability of these in the illicit imputed penitentiaries. In order to graphically illustrate the conducted magnitude of the activities that the defendant made, and occupations to them, they enclose themselves to the ilustrativas annexed performances four of fototablas which they contain the documentations, photos, equipment and technical means which they accompany themselves like material test of these illicit penitentiaries, on which the Greater expert Licensed Hermógenes Navarro Legrá made an ample exhibition before the judges, of the Department of Penal Processing of the Department of the Interior, who illustrated to the Court on the historical confrontation of our country, to all type of subversive activities, antiCuban and terrorist, promoted and encouraged by the United States against our country, taken to end by groups of opposition, emphasizing that in Guantánamo these act just as in the rest of the country, receiving financing and transmitting information of all type by different routes, having like fundamental emissaries, to members of North American organizations in the outside, Cuban residents in Miami, or Cuban that travel abroad temporarily. In addition to these arguments, it made emphasis in which the civil employees John Louis Nigro and Susan Archer, with those who contacted encausados the six of March of two thousands the three, came to update on the life in our province, offering support of all type to the guantanamera dissidence, asking for the greater one to him to drive these groups, and that were united in the fight against Cuba to accelerate the overthrow of our Revolution. Finally, and giving conclusion to all the accumulated probatory arsenal during the investigativa phase of these facts, and to the reproduced ones before the juzgador organ, Captain Reydel Hechavarría Navarro appeared to the oral act, who could illustrate to the Court on all the investigativas diligences made by the Organo de Penal Instruccio'n of the Department of the Security of the State, to know to clarify and to demonstrate with sufficient and forceful elements, the grotesca work and the reactionary and hostile character of all these activities made by the culprits, his intentions to put in risk the political, economic and social stability of the Cuban Government, also emphasizing in the preceding conducts of these elements that, other people's to the rich and glorious history of our town, and to the heroic traditions of fight of ours próceres, by excessive entreguistas feelings and low ambitions, try to sell shreds of the Mother country to existing the crueler and dehumanized power governing in the today world, being forgotten that, arranged to defend this Island, an army of children, women is everything and men who with his to act day to day, will continue preventing that, Cuban unloving and reactionary as the defendant make back down nor an apex the firm decision of our town to continue being SOCIALIST until the last consequences.
THIRD BEING: That the Fiscal Ministry maintained like definitive its conclusions that build to fojas one, two, three, four, five, six, seven, eight and nine, of the roll.
QUARTER BEING: That the defense modified its provisional conclusions that they build to fojas twenty and veintiuno of the roll, by which forty and eight of the roll build to foja as far as second, third and villa in the sense to describe the facts like constituents as a penal infraction anticipated in seven article point one of the Law number eighty and of Protection of National eight Independence and the Economy of Cuba and a crime of Associations, Meetings and Illicit Manifestations of eight article two hundred section one of the penal code, interesting for both defendant sanction of fine of thousand quotas of a weight each one.
FIRST CONSIDERING: That the facts that is declared proven constitute the predicted crimes and sanctioned in articles four sections one and two interjections a) and b), six three sections one and interjection b), seven sections one and three, ten and eleven of the Law number eighty and eight of thousands nine hundred ninety and nine of "Protection of National Independence and the Economy of Cuba", since, in agreement appears of such, its comisores agents, they also provided directly, and by means of other people, third in this case, to the Government of the United States, its agencies, dependencies, representatives or civil employees, information to facilitate the materialization of the objectives of the Law "Helms Burton", the blockade and the economic war against our town, all this directed to the breaking of the internal order, the destabilization of the country, and the liquidation of the Socialist State, and the independence of Cuba, actions these committed with the aid of two or more people, receiving these in exchange for its entreguistas services, remuneration in cash and you compensate monetary and material, demonstrating the spirit of existing luero in its intentions, coming in addition, to accumulate, to reproduce and to spread, material of subversive character of the Government of the United States with these same intentions and equal lucrative objective, obtaining in return you compensate in effective values, in addition to collaborating, with the use of technical resources and equipment tried by the North American Government, with newspaper, radio transmitters, magazines, and other foreign means of diffusion, receiving by this also, you compensate materials and in cash; actions all these arranged with other people to prohang to the incitación and proposal, by means of meetings and tried public manifestations, to the execution of these reactionary activities, for whose accomplishment, directly and also by means of third people, they received, distributed and participated in the distribution of average material financiers, and another nature, coming from the Government of the United States, his agencies, dependencies, representatives, civil employees or private organizations.
SECOND CONSIDERING: That they are responsible penal for the referred crimes, for authors by execution the defendant Manuel Ubals González and Juan Carlos Herrera Acosta, by them to have made by themselves, according to stipulates the article eighteen two sections one and interjection a) of the Penal Code.
THIRD CONSIDERING: That in the commission of the crimes modifying circumstances of the criminal responsibility do not concur.
QUARTER CONSIDERING: That the criminal responsibility takes with himself the obligation of civil character, to compensate the damages and damages produced by the action, according to stipulated in articles seventy section one of the Penal Code, and eighty and two, eighty and three, and eighty and five of the Civil Code, not declaring itself indispensable given the nature of the judged crime.
FIFTH CONSIDERING: That to adapt the measurement of the taxable sanction, the Court considers the following foundations: the established thing in seven articles twenty-seven and forty and section one of the Penal Code, when valuing with the right criterion that inspires the performance of our judicial organs that the sanction not only must like aim repress by the committed crime, but also to contribute to the reeducación of the sanctioned ones in the honest attitude towards the work, of strict fulfillment of the laws, and of respect to the norms of socialist coexistence, as well as to prevent the commission with new crimes, as much by the own ones sanctioned, like by other people, remembering the general prevention as as much special, in addition to which, with strict observance of the limits established in the Law, and guided by the socialist legal conscience, the judges fix the measurement of the sanction, taking into account the degree of social danger of the fact, the circumstances concurrent in same, extenuating as the as much aggravating ones, and the moving bodies of the culprits, as well as their extenuating ones, their characteristics individual, their behavior after the execution of the crime, and its possibilities of amendment. In such sense, one valued the extreme gravity and danger that involve the toxic effects and hostile of these agents to the service of the North American policy, directed to subvertir and destroying the political order, economic and social prevailing in our country, conducts these that the established laws violate of flagrant way, including our constitutional rules, causing with them, serious affectations to the well-being, the tranquillity and the interests of our town, absolute owner of the Socialist, dominant System to the be it decided by own will and with most democratic of his votes, the same town that not this one arranged to allow that inescrupulous beings like the encartados ones, to service of the most perverse foreign interests, puts in risk the conquests that by more than forty years that has known to sustain, multiplying their profits, conscious conducts like these, that they try to destroy the Socialist State, do not have the intention to make progress to our society towards a more advanced system, towards the collective well-being and the happiness, but to make it back down, to turn it which was before the triumph of the Revolution, in a country without sovereignty, semicolony of North American imperialism, also reflecting the judges, in relation to which the information that these individuals offered to them to the government of the United States on our economy, sociopolítica situation, and bond with other nations, among others, serves as base for the design and implementation of projects, plans, and toxic effects against our country, including the blockade and all the regime of economic sanctions that have the objective to asphyxiate to us, constituting in addition, an increasing threat against our national security, contributing to the atmosphere creation of conflicts and civil disobedience that could generate situations of greater confrontation. The complicity of these elements with the annexionist policy and provoking American who of conscious form lends itself to carry out it within our national territory, demand of the most energetic measures and sanctions, being vital for the Cuban Revolution, whose guarantee emanate of the town, the essential thing of its defense of legal form, without separating from the humanismo and the other principles that are to them consustánciales, putting based on it the honesty, talent, valentía and dignity of its better children, than are not arranged to admit that actions of this nature, and inescrupulosas, reactionary people and with individualistic feelings other people's to our convictions, try to destroy and to ruin a right, equitable and human system, chosen and authenticated by the town, and not imposed in measurement some, reasons these that entailed to that the Court of justice, taking into account in addition, the personal characteristics of each one of the encartados ones, decided to individualize weighed sanctions, specifying in relation to the criminal Juan Carlos Herrera Acosta, the concurrence of the adecuativa circumstance of the generic recidivism anticipated in the article fifty and five three sections one and interjection c) of the Penal Code, and as far as the defendant Manuel Ubals González, even though the sanction, that previously; she was to him imposed, it does not constitute criminal record to him, yes he is it of conduct, demonstrating itself already in these precedents that build to both the extranjerizantes intentions to them that inspired and their opposite conducts to the historical and patriotic convictions of our town, whatever the cost to maintain and to defend the freedom conquered with the revolutionary triumph of first of nine and fifty January thousands nine hundred.
WE FAILED: That we must sanction and we sanctioned to the defendant MANUEL UBALS GONZALEZ and JUAN CARLOS HERRERA ACOSTA, like authors of the crimes anticipated in articles four sections one and two, interjections to and b; six, separated one and three interjection b; seven, separated one and three; ten and eleven of the Law Number Eighty and Eight of thousands nine hundred ninety and nine of Protection of National Independence and the Economy of Cuba, without the concurrence of modifying circumstances of the criminal responsibility, in relation to the defendant JUAN CARLOS HERRERA ACOSTA fifteen years of deprivation of freedom by article four, separated one and two interjections and to b; eight years of deprivation of freedom by the article six three sections one and interjection b, six years of deprivation of freedom by article seven, separated one and three; four years of deprivation of freedom by article ten; six years of deprivation of freedom by article eleven and like JOINT SANCTION and UNICA TO FULFILL THE ONE OF TWENTY YEARS OF LIRERTAD DEPRIVATION.>; .> .>and for the defendant MANUEL URALS GONZALEZ, fifteen years of deprivation of freedom by article four, separated one and two interjections and to b; eight years of deprivation of freedom by the article six three sections one and interjection b, six years of deprivation of freedom by article seven, separated one and three; four years of deprivation of freedom by article ten; six years of deprivation of freedom by article eleven and like JOINT SANCTION and UNICA TO FULFILL THE ONE OF TWENTY YEARS OF FREEDOM DEPRIVATION.>; .> .>with the accessories of articles thirty and seven sections one and two on the consisting of deprivation of rights the lost one 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 by the term of twenty years for both defendant; .>and the accessory of article forty and three, separated one, two and three interjection b in relation to comiso of the goods or objects that served or were destined to be used for the perpetration of the crime, as well as those of use possession or illicit commerce that had been occupied him in this case in relation to the FAX equipment mark PANASONIC with their cable of connection the electrical current and the telephone line, the machine to write, radius TECSUN, four batteries a connection cable, a battery shipper marks to digitalis with its case and ten plastic sidewalks of colors blue, yellow and green.
.>.>As far as the occupied goods it is arranged: .>comiso of the FAX marks PANASONIC with its cable of connection the electrical current and the telephone line, model Kx-fp eight, five, series OHCFA zero, one, four, six, five, nine of gray color with its original box; .>the maquina to write of black color without tape with the roller of wood and in regulating state and the ten plastic sidewalks of them a blue color, four yellow and five green in favor of the Council of Provincial Administration of Guantánamo for its free disposition.
.>.>EI comiso of the Portable Radius of black color and gray mark TECSUN with serial number nine, seven, zero, one with their cable connection, four batteries AA marks DIGITALIS with their manual and the shipper of batteries AA marks DIGITALIS with the serial number two, one, eight, nine, two, four with case of black color mark TECSUN in favor of the Department of the Interior of this Province, Institution that will be able to have such .>freely.
.>.>With respect to the remaining consisting of goods:
.>.>Ten membership cards without photos of the "Council by the Freedom of Cuba"
.>Veintiún membership cards with photos of the members of the "Council by the Freedom of Cuba"
.>Two plasticados membership cards of the "Club of prisoners and political ex--prisoners of Guantánamo", to name of Mayelín Bolivar and Manuel Ubals.
.>.>Two plasticados membership cards of "Party Thirty of November, Frank Country", to name of Mayelín Bolivar and Manuel Ubals.
.>.>Two plasticados membership cards of the "Cuban Working Coordinator", to name of Mayelín Bolivar and Manuel Ubals.
.>.>A card of the "Cuban Commission of Human rights and National Reconciliation", to name of Elizardo Sanchez Santa Cruz. .>Two comprobantes of payment of the Western Union. .>A small one on of paper with twenty-three photos
.>On of paper with two photos to name of Jose Antonio Hernandez Colomé.
.>.>A membership card without photo of the "Club of prisoners and political ex--prisoners of Guantánamo", to name of Alexis Peña Goire.
.>.>On of paper with six photos.
.>.>Three citations of the Revolutionary National Police.
.>.>A titled catalogue "Documents of the Democracy", with twelve pamphlets.
.>.>A magazine of the "Society of Journalists Manuel Márquez".
.>.>Three tickets of recognition of the "Project Varela".
.>.>Eight typed leaves that contain relations of people. .>Six civic leaves with relation of participants in watches and factories a leaf with relation of participants in watches
.>Declaration of Statutes of the "Council of the Freedom of Cuba"
.>Special edition of the Project of the Opposition (Entérate)
.>Four typed documents of the Manifesto "All United ones"
.>A document typed with prisoner list
.>Four leaves with the relation of the members of the "Council by the Freedom of Cuba"
.>Declaration of Statutes of the "Council by the Freedom of Cuba" Five photos
.>Eighty and six denunciations
.>Twenty-nine lists of affiliated with the "Council by the Freedom of Cuba", with its photos
.>Seven lists of affiliated with the "Council by the Freedom of Cuba", without photos
.>Two letters composed by two leaves each one where they guarantee the participation of Manuel Ubals González and Jorge Rafael Benítez Chuy in the opposition.
.>.>Eight letters sent to Manuel Ubals by inmates.
.>.>Eleven leaves that reflect acts of sentences and denunciations to the Office of the public prosecutor.
.>.>A denunciation.
.>.>A letter to Vicky (Civil employee SINA) without sender.
.>.>Seven leaves where the participants in meetings and watches are related. .>A list of affiliated with the "Council by the Freedom of Cuba". .>A leaf with ten comprobantes of empty quotation. .>A letter
.>Two citations
.>Fourteen slips of paper with telephone numbers, names and directions. .>A titled project "Assembly to promote the Civil Society". .>Two leaves of call to celebrate twenty-four of February Twelve documents of the Referendum of the "Project Varela"
.>Relation of members of the "Council by the Freedom of Cuba", with three .>leaves
.>Seven referring documents to the civil society
.>A compound document by three leaves referring to ideas for conferences to celebrate day ten of December.
.>.>A leaf of the "Christian Movement from Liberation to the Cuban town" when beginning two thousands the one.
.>.>A letter of the representatives of the civic, social and cultural organizations
.>A Cuban news bulletin "the Free one"
.>A directory of the "Independent Gratuitous Service"
.>Two bulletins of the "Civic Movement Guantanamero".
.>.>A relation with nineteen members of the group.
.>.>A leaf with informative requirements for the sector of the illegalities.
.>.>One hota of Alberto Martinez directed to Manuel Ubals
.>A manuscript of Jorge Serret Toledo
.>Two tickets of the "Project Varela"
.>An invitation of the "Library Cuba Nueva"
.>Fifty universal declarations of the Human rights.
.> Six titled magazines "Dissident"
Two games of four books of "Encounter of the Cuban Culture". A Cuba magazine de Manuel Márquez.
Two pamphlets (one of INFOFACT) and the other, of "Principles of Treatment for the Drug addiction".
A News bulletin of the "Independent National Working Confederation of Cuba".
A pamphlet of the project "University without Borders".
A titled magazine "Letter of Cuba"
Forty and one leaves with manuscripts on supposed violations. A leaf with sixteen affiliated names of with its companies.
A recognition to Juan Carlos Herrera Acosta, by manager of the "Project" Varela "
In a cardboard box two hundred twenty-five leaves written by hand and typed on supposed violations take care.
Receipt requested of TRANSCARD and the card number six, zero, one, seven, eight, one, five, nine, one, zero, zero, one, four, one, one, six, to name of Juan Carlos Herrera Acosta.
A certificate of ownership of a Fax to name of Luis Torres. A titled pamphlet "Cuba and the Human rights"
A titled pamphlet "We take the truth like belt and justice like armor"
Two titled pamphlets "Project Independent Institute of the Culture and the Democracy"
List of collection of companies of the "Project Varela" a "Inter-American Democratic Letter" "
A titled document "I Demand"
Six first drafts of the "Declaration of the Human rights". A regulation of the "Party Democratic Solidarity" a magazine "CUBANET".
A magazine "Echoes of the Sanctuary" a titled pamphlet "Entérate"
A writing to machine of four leaves that contains a supposed denunciation.
A project of "All United ones"
Four lists of a project for the Civic Society in Cuba.
A request to promote the civil society.
Two lists for collections of companies.
A document of "All United ones"
A list of the Civil Society in Cuba.
Two declarations of the Human rights.
A call for an aid of Literature.
On with two photos
A book titled "Against all the exclusions"
An Inter-American "Democratic" letter
Two fine cardboards with paintings of the Statue of the Freedom, and phrases.
Within a nylon a relation of members and Young companies of the movement "by the Democracy", in addition, fifty and five leaves written by hand with denunciations.
A fine cardboard folder with the writing "Human rights" a comprobante of the Western Union to name of Yesenia
On of FOTOSERVICE, that contains ten photos to color of people with the flags of Cuba and the United States in addition to civil employees of the SINA, twenty-four leaves also written by hand with denunciations.
A Fax equipment, marks PANASONIC, with its cable of connection to the electrical current, and the telephone line KX-FPocho model, five, OHCFAcero series, one, four, six, five, nine, of gray color with its original box.
An invoice of date eight of April of two thousands one, branch CUTISA, Santiago of Cuba, in favor of Luis Diaz seventeen Sanchez, neighbor North number one hundred fifty and four, between San Gregorio and Santa Rita, by concept of a Fax, marks PANASONIC, with amount of one hundred sixty and nine pesos with twenty-five cents.
Telephone accounts corresponding to telephone three, two, four, two, one, one, of the months August, September and November of two thousands two. It is arranged stay united these to the performances to correspond with the material tests of the crime.
As far as the measurement to prevent, is arranged to maintain the one of Provisional Prison imposed the defendant, until the firmness of the sentence.
Remitase copies of this sentence to the centers that come.
Against this sentence resource of Abrogation can be interposed stops before the Room of the Crimes Against the Security of the State of the Popular Supreme Court within the term of the three following working days to the one of the notification of the same one to the part that establishes it.
ASI BY THIS OUR SENTENCE WE PRONOUNCED IT WE COMMANDED And WE SIGNED.