Havana #11
English (machine translated) | Spanish
POPULAR PROVINCIAL COURT
CITY OF HAVANA
ROOM OF THE CRIMES AGAINST THE SECURITY OF THE STATE
SENTENClA I NUMBER ELEVEN Of TWO THOUSANDS the THREE (11/2003)
PRESIDENT
Tomas Fernandez Malvarez
JUDGES:
Caesar Morales Acosta
Alicia Valle Diaz
Aramis White Castillo
Pelagio Lescalles Curtain
In the City of Havana, to eight of April of year two thousands three.
VISTA in oral, public and highly summarized judgment before the Room of the Crimes Against the Security of the State of the Popular Provincial Court of City of Havana, the cause number seventeen of two thousands the three, followed by the crime of TERRORISM ACTS in which they appear like defendant:
LORENZO ENRIQUE COPELLO CASTLE, son of Lorenzo and Ramona, natural of City of Havana, a thirty and year of age, unmarried, employee, neighbor of San Lazaro Number three hundred twenty between Galiano and San Nicholas, Habana Center, defended by Tame Ramon Janet, like lawyer of office and in provisional prison by this Cause.
BARBARO LEODAN SEVILLE GARCIA, son of Gospel and rose Maria, natural of Guáimaro, Camagüey, of twenty-two years of age, unmarried, unemployed person, neighbor of Robert Kings Nu'mero thirty and three, the Highway, Amancio Rodriguez, the Tunas, defended by Tame Ramon Janet, like appointed counsel and in provisional prison by this Cause.
JORGE LUIS MARTINEZ ISAAC, son of Eddy Luis and Isabel, natural of Holguín, of forty years of age, unmarried, employee, neighbor of Cove Number Fifty and one between Villa of the King and Edge, Havana Old, City of Havana, defended by Jorge R. Betancourt Ortega, like appointed counsel and in provisional prison by this Cause.
MAIKEL DELGADO ARAMBURO, son of Jose Luis and Maritza, natural of City of Havana, of twenty-nine years of age, unmarried, unemployed person, neighbor of Aguila, Number Eight hundred thirty and six between Gloria and Corrales, Havana Old, City of Havana, defended by Luisa I: Entenza Oviedo, like designated lawyer and in provisional prison by this Cause.
RAMON HENRY CRICKET, son of Bernardine and Felicia, natural of Santiago of Cuba, of twenty-nine years of age, unmarried, unemployed person, neighbor of Street, and Number Six between villa and sixth. District Obreo, Julio Antonio Mella; Santiago of Cuba defended by
Teresa González Morales, like designated lawyer and in provisional prison by this Cause.
WILMER LEDEA PEREZ, son of Jesus Armando and Nancy, Natural of City of Havana, nineteen years of age, unmarried, unemployed person, neighbor of Highway Barriers twenty-nine between B and Line of the Railroad, Guanaba Barriers, defended by Jorge R. Betancourt Ortega, like appointed counsel and in provisional prison by this Cause.
YOANNY THOMAS GONZALEZ, son of Fredesvinda, natural of Guantánamo, of twenty-four years of age, married, used, neighboring of Santa Catherine Number Eleven thousands eighty and three between twenty-three and twenty-four, Vista Distribution Cheers, Lawton, Ten of October, City of Havana, defended by Jorge R. Betancourt Ortiga, like appointed counsel and in provisional prison by this Cause.
CURLY BULGING YOLANDA, daughter of Eustacio and Nora, natural of City of Havana, twenty-two years of age, unmarried, unemployed person, neighbor of Cayman Number two To between Calzada of Managua and Final, the Guásimas, Naranjo Stream, defended by Pink White Santana Benedit, like designated lawyer and in provisional prison by this Cause.
DANIA ROJAS GONGORA, daughter of Eligio and Maribel, natural of Holguín, sixteen years of age, unmarried unemployed person, neighbor of Joselillo eight, Moa, Holguín, defended by Cecilia D Tomás Ojito, like appointed counsel and in provisional prison by this Cause.
ANA ROSA LEDEA RIOS, daughter of Jose Manuel and Pink Aurora, natural of Granma, thirty and eight years of age, unmarried, unemployed person, neighbor of Gloria Number Four hundred nineteen between Aguila and Revillagigedo, Havana Old, City of Havana, defended by Cecilia D Tomas Ojito like appointed counsel and provisional prison by this Cause.
HAROLD ALCALA ARAMBURO, son of Arming and Julia, natural of City of Havana, twenty-three years of age, unmarried, unemployed person, neighbor of Stroll Number Four hundred sixty and one between nineteen and veintiuno, Private preserve, Seat, City of Havana, defended by Cecilia D Tomás Ojito, like designated lawyer and in provisional prison by this Cause.
Acting like Public prosecutor Israel Ybarra Suárez.
Being Ponente Judge Tomas Fernandez Malvárez.
FIRST BEING: Proven that the defendant LORENZO ENRIQUE COPELLO CASTLE, BARBARO LEODAN SEVILLE GARCIA, JORGE LUIS MARTINEZ ISAAC, MAIKEL DELGADO ARAMBURO, RAMON HENRY CRICKET, WILMER LEDEA PEREZ, YOANNY THOMAS GONZALEZ, CURLY BULGING YOLANDA, DANIA ROJAS GONGORA, ANA ROSA LEDEA RIOS and HAROLD ALCALA ARAMBURO, positions all in agreement between if, and stimulated by the law of Cuban Adjustment and as well as the acts of kidnappings of airplanes happened before, they conceived the intention to illegally leave the national territory by means of the kidnapping of one of the boats of passengers who cross the Havanan bay between the Wharf of Light, Casablanca and Regia, for which incriminados DELGADO ARAMBURO and COPELLO CASTLE, from towards several days their route, igilancia, crew made trips in those boats studying and to
time they made the necessary preparations for its execution, to which encausada ALCALA ARAMBURO ready next to them was united to those aims. That in different meetings that maintained where they decided to take to cutting weapons the defendant MARTINEZ ISAAC expressed that it would look for a firearm whereas THOMAS GONZALEZ committed itself to acquire petroleum necessary to be able to lodge of Cuban waters. _ that in meeting that maintain the the day first of April of two thousand three in time of the night de.la.noche in the the address of COPELLO CASTLE, that be locate in Saint Lazaro three hundred twenty between Galiano and Saint Nicholas, Habana Center, City of Havana, begin to organize the the plan of the the kidnapping for which each one have task or mission that fulfill, that in the the case of LEDEA PEREZ and serious THIN ARAMBURO deposit fuel in the the motor so that the the boat not stop and the incriminados ALCALA ARAMBURO, MARTINEZ ISAAC and THOMAS GONZALEZ serian the the one in charge maintain like hostage to the the passenger with cutting weapon blancas that carry that day and COPELLO CASTILLO and SEVILLE GARCIA would be in charge to neutralize to the crew members of the ship for which MARTINEZ ISACC, so and as was fiance', agencio a pistol of the mark To tie itself, caliber nine millimeters, with the serial number five, two, four, one, zero, five, with two full shippers of cartridges, that according to the opinion of the Central Laboratory of Criminology were in good technical state and apt for the firing that I give to COPELLO CASTLE to him. That therefore the things, to first hour of the dawn of day two of April of the two thousand three defendant were transferred to the Wharf of light, situated in the Avenue of the Port, Municipality of Havana Old, province of City of Havana, having formed small groups not to call the attention, integrated one by LEDEA PEREZ. DELGADO ARAMBURO and LEDEA RIOS, who towards accompanying by its small single son of four years of age, with three knapsacks that in their interior contained several full pomos of diesel fuel plastic to supply the boat, another group was formed by ALCALA ARAMBURO, BULGING CURL, MARTINEZ ISAAC and ROJAS GONGORA, who transferred more fuel in plastic bottle in individual knapsacks and a third group that COPELLO integrated CASTLE, SEVILLE GARCIA, THOMAS GONZALEZ and HENRY CRICKET, first with the pistol properly hidden; and already boarded the boat, call "Baraguá", leaves the wharf and begins to slide by the Havanan road, surprise, COPELLO CASTLE extracts the pistol, makes a firing upwards and shouts to alive voice: " this jodió, this boat goes away for yuma ", while others of the defendant, MAIKEL, HENRY, LEDEA and THOMAS extracted several knives, arms these with which intimidate so much to the crew as to the passengers and immediately afterwards mentioned defendant COPELLO CASTILLO and SEVILLE GARCIA, through the ceiling of the boat, burst in into the control room, making the first other intimidatory firing and it locates the pistol to him next to the head of the pattern of the boat, Jose Hemeregildo Rodríuez Sardines, and the second it placed a knife to him in the abdomen to the helmsman Rodolfo Borges Rodriguez, indicating to him that it took rumba towards the exit of the bay and towards the United States. That already with the total dominion of boat, submissive the crew and passengers its whim, this begins to sail by the sea until the eleven and forty and five hours of that own day in which stops the march because all the fuel was exhausted to them that took, being to a distance of twenty-two miles to the north of Havana, to the height of the Municipality of Mariel, reason why defendant COPELLO CASTLE contacts with a unit of surface of the troops border post that was escorting to the boat "Baraguá" to help them in given case of necessity the weather conditions, that was not propitious for navigation and less still with a boat whose construction this condiconada to slide single in calm waters, and demands to them that it gives fuel to them or otherwise they would begin to send towards the sea to the French tourists who went like hostages; insisting the service of border post of the danger to that they were exposed by the existing swell that nor so at least allowed to approach a ship the other, and or to the fifteen and twenty-six hours of mentioned the two of April they accede to be towed until the port of the Mariel with the promise of which would be supplied to them of.
fuel necessary to continue its trip until the wished place that he was not other that you consist them of Florida, in State united of North America. That arrived at the mentioned one
port defendant continued in his conduct in end aggressive and threatening to kill to people that took like hostages, taking hold to two of tourists foreign who in front of transferred until the offer cabin, locating them them, as a human shields, the SEVILLE defendant GARCIA and COPELLO CASTLE, occasion in which signs between a one of the French and combatant of the Department of the Interior interchange, that was in the border, and observing she that was a diver by the environs, is sent to the water immediately, which also makes the other, and next, the SEVILLE defendant GARCIA, to retain them again, throws itself behind them and is then who one of the hostages, Julio Caesar Olive Sanchez, quickly pushes COPELLO CASTLE, that falls to the water with the pistol, that loosen and went to the bottom, although managed itself to later recover by the diver of the Department of the Interior Onel Cando Garci'a, triggering itself, with force special, an operative one that allowed to stop to all the defendant without risk some for no of the passengers nor the crew of the boat "Baragua '".
That product of acting of the defendant the Caribbean Company of Navigation had an affectation that promoted to two thousand six hundred fifty and eight dollars product (of the transfer of the Baragua boat from Mariel to Havana and the rent of the remoicador Titan.
That the defendant LORENZO COPELLO CASTLE, was sanctioned previously in Causes three hundred sixty and four of thousands nine hundred ninety and four and one hundred eleven of thousands nine hundred ninety and five, both of the Popular Municipal Court of Habana center, by the crime of Swindle to a fine of two hundred quotas of a weight "each one and a year of freedom deprivation, of terrible social conduct, have been noticed in twenty-nine occasions, almost all to besiege the tourists,
That defendant BARBARO LEODAN SEVILLE GARCIA was sanctioned in the sixty and seven of thousands nine hundred ninety and eight of the Popular Provincial Court of city of the Tunas, by a crime of Violation of Address, to two years of freedom deprivation, maintain a terrible social conduct by their form to project in their place of residence, are conceited of lady's man, alters the order and it meets with antisocial.
That the defendant JORGE LUIS MARTINEZ ISASC, was sanctioned previously in Causes five thousands five hundred ninety and eight of thousands nine hundred eighty and eight: two hundred eight of thousands nine hundred ninety and four and nine hundred twenty of two thousand one of the Popular Provincial Court of City of Havana and Popular Municipales of Melena of the Old South of Havana, by the crimes of Homicide by imprudence, Evasion of Prisoner and Threats, to eight years and six months, respectively. of freedom deprivation and he fines of three hundred quotas of two pesos each one, of normal social conduct.
That defendant MAIKEL DELGADO ARAMBURO does not have criminal records and of bad social conduct by his relations with people described like antisocial.
That the defendant RAMON HENRY CRICKET does not have criminal records and of bad social conduct.
Illegible
City of Havana by a crime of I deal of Toxic Drugs, to five years of deprivation of freedom, bad social conduct.
That the CURLY defendant BULGING YOLANDA does not have criminal records and of bad social conduct.
That defendant DANIA ROJAS GONGORA does not have criminal records and of bad social conduct, dedicating itself to the jineterismo in the capital where she does not have recognized address.
That the defendant ANA ROSA LEDEA RIOS does not have criminal records and of bad social conduct.
That the defendant HAROLD ALCALA ARAMBURO does not have criminal records and of bad social conduct.
SECOND BEING: That the Room considered the facts before narrated because proven valued the deposition of the incriminados ones that explained the form in which they were made such; of the witnesses who went in the kidnapped boat those that they on board narrated his experiences of the ship and the threats of which they were object by some of
encausados; of the witness who said how she recovered the weapon submerged in the water and other that talked about to the confrontation that it had with one of the defendant, pushing it the water. The testimony of the Legal Medicine specialist was valued, Ernesto Perez González, who explained the state of mental health of COPELLO CASTLE, SEVILLE GARCIA and of MARTINEZ ISMC; as well as the experts who treated on digital tracks; grafológico; determination of remainders of firings in hands, of blood, textile hairs and microfibers, manuscripts and trazológico on judicial balistica. As documentary evidences valued the complementary investigations of the defendant, certification of antecedents penates, among others.
THIRD BEING: That the Fiscal Ministry maintained like definitive its provisional conclusions that they build in the leaf from the three to the fourteen of the roll.
QUARTER BEING: That the lawyers of the Defense Jorge Betancourt Ortega and Tame Ramon Janet, modified their conclusions those that build to nine and sixty fojas to seventy and the three of the roll, the other lawyers elevated to definitive those that they had like provisional which thirty and two and thirty and four of the mentioned roll build to fojas.
FIRST CONSIDERING: That the facts that are declared proven constitute a crime of the LAW AGAINST ACTS OF TERRORISM, anticipated and sanctioned in articles ten, eleven section c); fourteen section one and sixteen section one interjection a), anticipated and sanctioned the mentioned Law that is integrated when their comisores, acting in group, taking a one of them pistol, with which it shoots twice, seizes of a group of people in quality of hostages, threatening killing them them to shots, manages to seize of a boat that transports passengers to manage like aim to be transferred towards the United States of North America. Integra the crime of Illegal Carrying of Arms because it uses of the pistol and the knives was not the average one to execute the terrorist action.
SEGUNDO CONDIERANDO: That all the defendant are responsible penal for the referred crime, for authors, by to have acted all of mutual agreement in accordance with I articulate eighteen sections one and two interjections a), b) and ch) of the Penal Code.
THIRD CONSIDERING: That in the commission of this crime agra concurs before I articulate fifty and three interjections a), c) f) h) and or) of the Penal Code because it is certain that the facts were committed being member of a group of eleven organized people or between if, they caused serious consequences in the economic order by the time that that boat let serve, used for his commission a pistol, that shot, being able to cause the death or wounded to other people; they at night took advantage of and the little transit people to those hours and used like hostages several French tourists, who as it knows itself, the tourism is an activity prioritized for the country, and as are several aggravating ones is due to appreciate in addition the extraordinary aggravation to the four sanction of I articulate fifty and section two of the substantive law. That as soon as accused wings LEDEA RIOS, BULGING CURL and two ROJAS GONGORA are appraised the extenuating one of I articulate fifty and interjection ch) of the substantive law because from the beginning of the investigation they admitted the facts and they helped his fast elucidation and it was of such intensity that is appraised the extraordinary attenuation to them of the four sanction of I articulate fifty and section one.
QUARTER CONSIDERING: That the criminal responsibility in the present case implies civil responsibility in accordance with I articulate seventy of the Penal Code.
FIFTH CONSIDERING: That to adapt the measurement of the sanction to impose the Court it considers the had thing in articles twenty-seven and forty and seven the Penal Code; the highest danger of the happened facts, as much by its form of execution, that put in danger their life of a group of people who calmly or walked 0 went to their address in that boat of transport of passengers like by the average employees where firearms and white were used and firings twice with her were even made to frighten even more the hostages than they took. That to it the personality of all of them, subject is united that live on social parasites not making no useful activity, with criminal records, as the case of COPELLO CASTLE and MARTINEZ ISMC, that have two or more of different species and the special rule of aggravation is appraised to them of I articulate fifty and five three sections two and interjection ch) of the Penal Code; and SEVILLE GARCIA and THOMAS GONZALEZ, who has one each one of different species and the regal one of the mentioned one is appraised to them I articulate fifty and five three sections one and interjection c) of the substantive law. That to adapt the measurement of the nonsingle sanction the Room has valued the circumstances before indicated, but also that the Cuban town has been victima constantly of numerous acts of terrorism that have caused serious human and material damages, reason why are repudiados throughout the world and it forces to act here with severe rigor, except for the case of the defendant and that one of them, ROJAS GONGORA, it has sixteen years of age and the special one of seventeen adjustment is appraised to him regal of I articulate section one of the Penal Code. That the rule does not concur of I articulate 17,1 of the Penal Code in relation to WILMER LEDEA PEREZ by its previous conduct. That conducts exist and forms to act that they so injure of to way to the society, that is necessary that to its authors, exceptionally, is punished to them severely of her, and thus to adjust means, as it happens in defendant COPELLO CASTLE, SEVILLE GARCIA and MARTINEZ ISAAC, ringleaders and material authors of this crime, against which, it considers the Court, is due to apply the Maxima suffers.
WE FAILED: To sanction to LORENZO ENRIQUE COPELLO CASTLE, BARBARO LEODAN SEVILLE GARCIA and To JORGE LUIS MARTINEZ ISAAC like authors of the completed crime of TERRORISM ACTS, until death. To sanction to MAIKEL DELGADO ARAMBURO, RAMON HENRY CRICKET, YOANNY THOMAS GONZALEZ and to HAROLD ALCALA ARAMBURO, like authors of the same crime to PERPETUAL DEPRIVATION OF FREEDOM. To sanction to WILMER LEDEA PEREZ like author of this own crime, to THIRTY YEARS OF FREEDOM DEPRIVATION, and to sanction to ANA ROSA LEDEA RIOS, CURLY BULGING YOLANDA and DANIA ROJAS GONGORA like
authors of mentioned to FIVE YEARS OF DEPRIVATION OF FREEDOM for LEDEA RIOS; THREE YEARS OF DEPRIVATION OF FREEDOM for BULGING CURL and TWO YEARS OF DEPRIVATION OF. FREEDOM for ROJAS GONGORA, these privative sanctions of
freedom will be fulfilled in a Penitentiary Establishment of the Department of the Interior serving to them of installment for the fulfillment as the same halting all along and of provisional prison that by this Cause have kept, and we impose to them as accessory sanction the predicted one in I articulate thirty and seven sections one and two of 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 political activity - administrative of the State, in state economic units and political and social organizations per time just as the one of the imposed main penalty. It is acquited to them of the crime of Illegal Carrying of Arms
Referring to the civil responsibility it is to demand itself and it consists of compensating to the Caribbean Company of Navigation, each one of the sanctioned ones, in the sum of three hundred eighty and six pesos with sixty and cents national currency.
Notifíquese the present resolution to the parts and remítase copy of the same one to the Provincial Department of Penitentiary Establishments of the Department of the Interior.
Against this sentence abrogation and appeal resources can settle down, respectively, to be a highly summarized procedure, within I finish of eight hours counted as of the moment of his notificaciñ. And in the houses of the sanctioned ones until death it is understood interposed of office the appeal.
Thus by this our sentence we pronounced it, we commanded and we signed.