Havana #12
English (machine translated) | Spanish
SENTENCE I NUMBER TWELVE OF TWO THE THOUSANDS (L2/2003)
PRESIDENT:
TATIANA BEHAR PANTALEÓN
JUDGES:
MARIO RAMOS SANCHEZ
MARIA ISABEL GONZALES PONS
CARMEN MIRIAM BOUNDARY ECHEVARRIA
TERESA PEREZ IZQUIERO
In Havana, to seven of April of two thousands the three. -
Vista: In Oral and Public 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 Four of year two thousands three (4/2003), followed by the crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE, in which they appear like Defendant: MIGUEL GALBAN GUTIÉRREZ, Cuban citizen, of 38 years of age, natural of the Municipality of Güines, Havana Province, Paschal son of and Luisa, unmarried, with University level (Masters in Sciences) unemployed person, with Permanent Identity no. 65011201604, neighbor of Street fifty and two. No. 9914 between 99 and 103, in the Municipality of Güines, Province of Havana, in provisional prison by this cause and defended by designation by the Lawyer Edilberto Marcos González Rodriguez.
LEFT JOSE UBALDO HERNANDEZ, Cuban citizen, of 37 years of age, natural of the Güines Municipality, Province of Havana, son of Ubaldo and Paula, married, with twelfth degree of schooling, unemployed person, with Permanent Identity no. 65110632081, neighbor of Avenue 83 No. 3006 between 32 and 34 Property Cross, Municipality of Güines, Province of Havana, in provisional prison by this cause and defendant of office by the Lawyer Trimming Beautiful Fernandez.
HECTOR RAUL VALLE HERNANDEZ, Cuban citizen, of 34 years of age, natural of the Municipality of Guanabacoa, Province of City of Havana, son of Nivaldo and Martha, married, with Ninth degree of schooling, unemployed person, with 68052901367 Permanent Identity no. neighbor of 40 Street no. 6123 between 60 and 65 Municipality San jOse of the Lajas, Province of Havana, in provisional prison by this cause and defendant of office by the Lawyer Jose Antonio Dueñas Hernandez.
Acting like Public prosecutor the Lawyer Curly Patricia Maria Goatherd.
BEING PONENTE JUDGE Msc. TATIANA BEHAR PANTALEÓN.
FIRST BEING: Proven which from the same triumph of the Cuban Revolution in nine and fifty January thousands nine hundred, the different North American administrations have devised different policies with the only aim to overthrow our revolution and to the same person of its maximum leader Fidel Castro Ruz. To that effect they have established different variants in agreement with the different conditions and existing historical conjunctures as much in the internal plane as international; , which they have gone from the sabotages, the blockade economic and the organization of military invasions, although without letting use subtler methods like those to foment the internal subversion; however, for more than forty and three years all their efforts have been unfruitful.
In the attainment of these plans many citizens have played a preponderant role who were born in Cuba and which they emigrated towards the United States of America and where they conformed without number of organizations and groupings been in his majority in the city of MIAMI, state of Florida, all of contrarrevolucionario character, those that they have been have been financed by the successive administrations of the United States of political and social North America, in order that they subsidize not only his requirements, but to citizens that although resident within the Cuban territory were inconformes with the economic system, decided by the immense majority of their citizens, quines from the own Cuban territory betraying to the country where they were born indifferently and to his own town have offered information that go from presenting our plans economic, to providing data on our institutions and leaders, according to were the case, information that with marked almost always I animate malicious distort themselves in consonancia with the intentions that are tried.
This form to act viabilizó still more first with the opening of the office of interests of the United States of North America in Cuba and later in the Nineties soon of the landslide of the USSR and the socialist field, since the United States of North America considered that the difficult economic situation by which we crossed and that was agravated still more with the new outbreak of the blockade that almost from the beginning of the Revolution to us the Government of the United States imposed and with the new policy that implemented and whose main targets shaped in the Law Torricelli and the Law HeIms-Burton, would be obtained a pacifica transition towards the democracy and for to accelerate the same one they decided to fortify to the elements of the internal opposition being made think them that they would be the futures you lead in Cuba Doing to him the game to the government of the United States of North America the Mafia Cuban-American been in MIAMI and with the support of the Office of Interests of the United States of America been in City of Havana, the defendant MIGUEL GALBAN GUTIERREZ, Cuban, resident citizen in the Municipality of Güines, Province of Havana, that did not share the ideas and principles of most of the Cuban town and that from four and ninety October thousands nine hundred and thousands nine hundred ninety and six had developed contrarrevolucionarias activities in the organization denominated contrarrevolucionaria School of Engineers and Architects, directed by the Orfirio citizen Garci'a Quesada, but that left them to dedicate itself taking advantage of kindness that our society offered him, first a to study a masters and later to it recovered of an operation that practiced to him gratuitously in its arm and right hand product of an injury that suffered as a result of an automobile accident, reincorpora to those contrarrevolucionarias activities in the month of August of year two thousands one, through the Cuban citizen Jadír Hernandez Hernandez - that soon left Cuba by legal route -, also, resident in the Municipality of Güines, that at those moments fungía like President of Commission of Alternative Stages - organization nonregistered by the Direction of Associations of the Cuban Ministry of Justice.
Later defendant GALBAN GUTIERREZ next to the citizen Hernandez Hernandez participated in the creation of the illegal organization denominated "Cuba Commission" -. the one that was dedicated to the search of information on our political, economic and social system later to disclose them in illegal pamphlets -, and of which I get to be its national coordinator Also the defendant comprised of other existing contrarrevolucionarias organizations in its municipality of residence such as movement "10 of December" and the "Center of Veterans, Pro democracy".
In the month of September of own year two thousands one are unified all the competing groups to the government that existed in the Municipality of Güines, being created the Civic Coordinating organization, South Habana (C.C.H.S) and later Alianza Cuban Ci'vica (ACC) and to which they not only belonged defendant GALBAN GUTIERREZ and Jadír Hernandez but other people between whom the companion stood out Noel Ascanio Montero, agent "Abel" for the Security of the Cuban State, who made in same the activities of infiltration; source by means of which it managed to know many the activities developed by these individuals.Later defendant GALBAN GUTIERREZ settled down relations with opponents pertaining to other contrarrevolucionarias organizations been fundamentally in the province City of Havana, between eIlas Robert of Miranda, Carlos Otero River, etc, quines also are at the moment being responsible for similar facts.
The activities that GUTIERREZ in these illegal organizations developed to defendant GALBAN happened to constitute life way, so that in date fifteen of March of two thousands the two, decided to leave the labor bond that until those moments it had had, dedicating itself completely to their competing work to the Cuban Government.
During , first times of his contrarrevolucionaria activity defendant GALBAN GUTIERREZ, was a fervent radius listens of badly called Martí Radio, transmitter that is dedicated to propagandizar the false news on facts supposedly happened in Cuba, and other true ones but distorted; as well as to try to denigrate the figure of our leaders, but later like part of the policy implemented by the Agency of Development the International for Latin America and the Caribbean (USAID) that in order to give to fulfillment to him Section one hundred nine of the Law Helms –Burton stimulating the creation of independent journalists, defendant GALBAN GUTIERREZ that since already we have referred could acquire thanks to the System of education established by the Revolutionary State a high cultural level when graduating in the University as Licensed in Mechanical Engineering and soon he made a masters began to provide information to this radial transmitter to traverse of Agency Habana Press - the one that is not recognized by the Union of Journalists and Writers of Cuba -, of which autotituló reporter or "independent" journalist - in spite of not being it -, information whom he obtained from third people or whom he personally devised with malicious intentions to discredit the institutions of the Cuban Government, to disinform on our reality, to subvertir the order, internal, to contribute to the conflict atmosphere creation to spread false violations of the human rights and to urge the civil disobedience, to, aim to generate situations that caused conditions for a call humanitarian intervention "if it occurred the international conjuncture that allowed it; thus between many others for example trasmitió one the news that was offered the five of June of two thousands the two, in the part number sixty and eight where it informed on a supposed riot happened in the prison of Melena 2 located in the municipality of the same name in the Province of Havana the twenty-five of May of that same year, alleging that more than one hundred inmates pertaining to the company number five there were rioter, burning mattresses, destroying beds, producing a short circuit and other damages whose quantity said did not know. In demand, of which his head, was not transferred to another jail in the rear area; reason by which the inmates had, brutally struck with wood canes by a force to miliar that it was in a relation of ten by one and that it had been necessary to neutralize them with water spurts, being had to be choked the action which I denominate "of civic resistance", by the body anti-riot of the airborne force and Department of the Interior , police and fireman of three municipalities; the news that briefed had provided him to the Director of the Center Pro Freedom and Democracy Marta I. Horta Pupo, Organization who was not credited either in the Direction of Associations of the Ministry of Justice of Cuba and who most important was exaggerated until irrisorios limits.
That also following the game to him the USAID that within their main activities had the article publication of the calls "independent journalists" in Internet, soon to distribute copies of the same ones in Cuba, and since defendant GALBAN GUTIERREZ did not have computer in his address and as he did not have either I tie labor with the Cuban State, he either did not have access to the existing ones in many centers of work of the country began to visit the seat of the Office of Interests of the United States of –North America, located in the Capital of the country with a weekly frequency, allowing to it him in this seat during two hours to sail by Internet, place where he obtained to restore again contact with Hernandez Hernandez after which this one took root in MIAMI and made contact with the enemy with the Foundation Cuban-American, receiving from this one very many electronic mails where it stimulated it to continue its bonds with the SINA, to continue making contrarrevolucionarias activities and promised financial aid to him for the necessary means purchase for the remission of the information and in payment by them, which was verified
I materialize myself '; as well as it raised to him to create a Bulletin to spread to its ideas and the contrarrevolucionarias actions that they were developed in the Province of Havana - recognizing to him that this project would be supported by the FNCA. Besides to request of it sent a telephone number to him so that members of this organization contacted it to begin the plan -, and whose first number saw the light between the months of November and December of own year two thousands two, to that denominated "Arriba River" the voice of the Mayabeque and which the own GALBAN GUTIERREZ was named director, because it sent most of the information that in him appeared, although also others appeared to name of also the defendant LEFT JOSE UBALDO HERNANDEZ, who also although by less time, had been authorized to use the computers of the SINA and sailed by Internet; in addition to which it maintained communications with the magazine "CUBANET"-dedicated to the spreading of supposed human violations of the right in Cuba -, through a denominated group "Honor", whose objectives were also to falsear and to distort the testimonies and received information to discredit to the Revolution and its institutions; offering these news articles, although it lacked qualification and knowledge for the activity, those that were taken by Hernandez Hernandez and including in the Bulletin "Arriba River" the voice of the Mayabeque who this last one was in charge to make in the United States de Norte- America and who soon sent so that she was distributed between the contrarrevolucionarios of the Province of Havana.
As a result of this project and in the own month of August of year two thousands two, like defendant GALBAN GUTIERREZ. LEFT HERNANDEZ completely left the labor bond that maintained until those moments, dedicating itself to the subversive work.
Of the Bulletin "single Arriba River" four numbers were made and distributed or editions and in the last one of date four of March of two thousands the three published the news offered by the LEFT defendant HERNANDEZ who raised that in the municipality of Güines between the two and the nine of quinielitas February, people had presented/displayed own sintomatologías of the hepatitis type "C" or viral, confirming itself I diagnose almost of the disease in the totality of them by the practiced examinations; adding that it responded to the contamination of the sources of located water supply in the town of Catherine de Güines as well as who another bud of the same disease had happened in the own municipality in the year two thousands one and that had entailed to the closing of emergency of the state gastronomical units and prevailed; adding that the information had provided a doctor to it of guard of the hospital of the municipality and that was confirmed by declarations oficiaIes, when the certain thing it was that of thirty and the one of January to the four of March of two thousands the three had confirmed the existence of two hundred ninety and six cases of viral hepatitis "To", due to the breakage of the network of aqueducts in a determined point of the distant municipality about nine kilometers of the place where HERNANDEZ when giving located the LEFT defendant their information everything which was confirmed by the Municipal Director from Higiene and Epidemiología of the Municipality of Güines.
Others of the information offered by defendant IZQUJERDO HERNANDEZ were provided by also the defendant HECTOR to him RAUL VALLE HERNANDEZ, opponent to the Government member of the Confederation of Democratic Workers of Cuba (CTDC) - illegal organization -, of whom VALLEY HERNANDEZ was the Vice-president, to grief that for more than five years that he did not work, the one who in synthesis talked about to the existing alarm between the neighbors of the Municipality of San jOse of the Lajas, located in the own Province of Havana - and where last one resides this, by the increase of the crime of Robbery with Force in houses and centers labor during year two thousand two, giving number superior to one hundred and where it criticized much less to the police when showing that although the facts were denounced this one did not go to the places, if they occurred in times of the night; tying this information to another one of the same tenor who provided VALLE HERNANDEZ to him to another autotitulado "journalist, independent" and who appeared published in the Project "Cuba Free Press", where one talked about that the address of own VALLE HERNANDEZ had been object of a robbery with force that had been in attempt degree but that the police in spite of to be warned had not gone to the place because the victim was an opponent to the Government, to whom the Commander of the Municipal Unit had informed to him that was no time for it, because the crimes committed in centers had priority estataIes; verifying itself nevertheless that these facts were not denounced officially, but that in spite of it the operative guard had concurred to the place to instances of the defendant.
AI foot of the information that reported the LEFT defendant HERNANDEZ briefed Civic Library "Sebastián Arcs", since this person who until year two thousands pronounced itself please in the revolution, belonged to her organizations sociaIes and of masses, as well as it was member of, organizations of vanguard of Cuban youth and its working class, occupying responsibilities in the first a municipality level, as well as she toiled later in the Company of Commerce and Services like employee first and Administrator, in year two thousands - a turn in his began conduct and got up to the contrarrevolucionaria Organization "Cuba Commission" - of which he was the regional coordinator -, and that as already we expressed directed at those moments the citizen Hernandez Hernandez, who HERNANDEZ knew by interval of defendant GALBAN who stops that then fungía like national coordinator of this organization.
This defendant also like part of activities implemented by USAID, between that they were the creation of independent Libraries in the addresses of some of the members of the contrarrevolucionarios grupúsculos that to that aim received the provision of books, bulletins and pamphlets through the Office of Interests, created in its house located in three avenue eighty and number three thousands six between thirty and two and thirty and four Property Cross, Municipality of Güines, Province of Havana, "an independent" Library to which he denominated "Sebastián Arcs" - in memory of the Cuban citizen of that name, that died in an Establishment Penitentiary Cuban when he extinguished sanction by contrarrevolucionarios crimes and to which the opponents to our social system consider a fighter for the rights, humans library who was not legalized, reason why did not receive book provision of the Cuban State, but that a vehicle of the SINA that a civil employee of Cubalse, named Ricardito lead and of which their other generals do not know themselves, with a monthly regularity gave books to him, pamphlets and magazines, among them the own bulletins "Arriba River", of whom eleven took care, bulletins of the Cuban Project "I I demand", survey on temás ecological, folletín "new Words", pamphlets of the Dissident, numbers of political and social the Cubanet magazine, documents that contain information of economic character, and whose circulation only could constitute a stimulus to gain followers to the capitalist ideology, since lack cultural and literary values; also it received by this route leaves, pens and pencils.
In relation to the defendant VALLEY HERNANDEZ "that was verified in addition who began in the contrarrevolucionarias activities in miI nine hundred ninety and two in the party Pro human rights in Cuba and which to the CTDC nine hundred ninety and five entered in thousands, year in tried to emigrate towards the United States de Norte- America reason why it visited the Office of interests of this country in Cuba, place where it will be taken care of by a civil employee who was interested in her political position and the competing groups to that she belonged; In year two thousands two returned to this diplomatic seat where propaganda was given to him contrarrevolucionarias that transferred to its municipality of San jOse residence of the Lajas, where distributed it.
It has used his address in uninformed the contrarrevolucionarias taking of steps such as by the freedom of "the political" prisoners - contrarrevolucionarios -, meetings, etc.
Was evident that as much defendant GALBAN GUTIERREZ as LEFT HERNANDEZ received money by their contrarrevolucionaria work, at least during the last semester of year two thousands two and until their halting the eighteen of March of two thousands the three and that of it lived, it shows concrete was a communication by electronic mail that in the month of December of two thousands the two sent to Hernandez Hernandez to him to first informing money shipments in the last five months to him, detailing the amount to distribute to him and the names of the people to those who it went directed. In addition to other post office in which he raised to him that he had obtained, two quotas of thirty dollars one for and the other person and he committed himself to send aid to him to buy a typewriter and a camera, originating of members of the FNCA. Among other messages of support and solidarity of that same organization.
The three defendant resuItaron lengthy to you are from this process the eighteen of March of two thousands the three and he practiced registries in his addresses occupying them to it goods, objects and documents that give credit of the contrarrevolucionarias activities to that they came dedicating: to GALBAN abundant GUTIERREZ documentation forty dollars a survey to inform on Radio Martí, a programming of contentiva Martí Radio of the numbers of band hour and day of the week of trasmisión of its programming, three hundred ninety and eight documents or pamphlets removed from Internet by the SINA, eighteen, pamphlet packages removed by the same one via, eleven you exceed yellows that contained pamphlets removed by the same one via, thirteen you exceed yellow with Literature presses and cuItura of SINA, twelve you exceed of the Press office and Culture of the SINA directed to its name, two you exceed with documents of the Bulletin "Arriba River", a typewriter mark Remington, a poster that "Municipal Mayorship of Güines" said and other that said "We condemned the state terrorism", a radius marks Tecsun, as well as other documents and goods.
To LEFT HERNANDEZ IE another radius took care marks Tecsun, important documentation that guarantees the information that through the SINA are sent towards, the United States de Norte- America to be used in damage of the Government of Cuba, two you exceed with electronic mails of Hernandez Hernandez two you exceed with documents written by hand of Press and Culture of the SINA, on with the news written by hand of Martí Radio, on with documents of Journalistic Foundations, eleven Bulletins of the magazine "Arriba River", thirty and seven pamphlets of the Cubanet magazine, four placards one of which said "Cuba Commission" it celebrates… and a little flag of the United States de Norte- America, among other goods. In addition with the aid to this defendant other five radios of the same mark that the same one gave to other five resident people in the same Municipality of Güines, to request of Héctor could be occupied Palaces.
In the case of defendant VAILE HERNANDEZ IE another radius took care marks to Tecsun. an inter-American democratic letter, three documents of the platform of the Project a hand friend, three placards with slogans of the rights, humans, two cameras a passport to its name, as well as one moto MZ model 150 CC of year thousands nine hundred sixty and four, with number of motor ó120855, 9151410 body green-black color, with particular matriculation HRR 974, this completes was left him in deposit. That during the investigativo process it was possible to be known that to the defendant VALLEY HERNANDEZ IE seven radios were given marks Tecsun in order that it distributed them people to other, so that they listened to with facility the subversive transmitter badly call Martí Radio.
As far as the conduct of the defendant it was proven that:
MIGUEL GALBAN GUTIERREZ, of the other generals before briefed and that occurs by reproduced, who has a high professional level, to the being graduated university as mechanical engineering, in addition to being masters in sciences, when the facts did not toil in spite of being apt psychically for it and also, since although it has affectations in an arm and a hand consequences of an automobile accident, it physically do not incapacitate it to work, has developed an important number ago of years activities in competing organizations to the revolution, product of as it has been mentioned and alerted by officials of the Department of the Interior, without it had stopped of his to act and they did not build criminal records to him.
LEFT JOSE UBALDO HERNANDEZ of the other generals before briefed and who occur by reproduced who until year two thousands two belonged first a soon the organization of vanguard of Cuban youth and to the one of their working IASE, having occupied in the first of them responsibilities until the municipal level; who toiled until the month of August of two thousands the two in the Company of Commerce and Services of his municipality of residence where she occupied administrative responsibilities; later it gave to a turn its conduct since one integrated contrarrevolucionarias organizations, which motivated that until its wife and mother of its small children one separated of him; it has been alerted in numerous opportunities by his to act by members of the Department of the Interior and revolutionaries of his place of residence, but it has maintained the same position and activities and do not build criminal records to him.
HECTOR RAUL VALLE HERNANDEZ, of the other generals before briefed and that occurs by reproduced, for more than five years has not been having labor bond, being their last center of work the Painting Factory of the San jOse Municipality of the Lajas, where he confronted serious problems of absenteeism, cuIturaI has a low level having reached only a ninth degree of schooling, it is dedicated to the accomplishment of illicit businesses and to collaborate with the contrarrevolucionarias organizations to whom it belongs, it has a relieved standard of life, it does not belong to any political organization nor of masses and IE did not build criminal records.
SEGUNTDO BEING: That eI Court arrived at the conviction that was this and another one the form of occurrence of these facts not starting off of the ample arsenal of tests practiced in the act of oral judgment; they,en fundamental as far as the responsibility of defendant GALBAN GUTIERREZ in these facts we considered declared by the witness the Luis Torres Armenteros who in spite of to have had relations of friendship with the same which they date from his earlier age referred to have been aware that he participated as much in activities of contrarrevolucionario character inside as outside his address, as well as saw in an opportunity a twenty-eight of two thousands the three January of a car with plate of the Office of Interests of the United States de Norte- America leaving him package recognizing that the defendant and showed books, pamphlets and documents that came to his name, although it said to not know his content, as well as the own one encausado IE showed a small radius that it had and it showed to him that they had given it in the own diplomatic seat of the United States of North America in Cuba so that it listened to the news that are trasmitían by badly called Martí Radio, to where it said that it also sent information to him like journalist, inviting it to listen to a information that reported first of May, although apparently the same one did not spread in that date.Everything which could be corroborated in the first place with the result of the occupation in the GALBAN address GUTIERREZ of an elevated number of magazines, pamphlets, and folletines that does not imprimían in Cuba and many of you exceed them in which it had received such in that it appeared like sender the SINA; among them corresponding to the four numbers or editions of the Magazine "Arriba River" in which the same one consists like Director and in which they appear published many articles to his name in spite of to have been able to know by it to have credited the Union of Journalists of Cuba that this defendant is not member of that organization; despite also one credited by Center of Monitoreo and Ana'lisis of the enemy radio pertaining to the Cuban Institute of radio and television that several information were paid between the month of January and the eight of March of two thousands the three by defendant GALBAN GUTIERREZ to Martí Radio, being stated that one of the news that reported, that is the one of a supposed riot in the prison of Melena two was exaggerated; since the inmates who belonged to the Detachment number five of this Establishment named Alexis Ibañez Cagigal and Adrían Marichal Vera in the date in which he considers occurred the facts, that is the twenty-four of May of two thousands the two guaranteed that although it happened an incident because they did not wish that the secluded head of this detachment was transferred towards another prison in the rear area as they knew would occur, the certain thing is that the beds against the grates of the cells were only put and requested to speak with a head being taken care of their reclamations by General Jefe Nacional of Prisons, but being uncertain, that took place damages to the goods, short circuits and much less than they had to attend police, firemen and other Air Force to place, since there was no necessity of it by the little magnitude of the event, everything which allowed to know that the news that offered persecuted between some of their objectives to discredit to our institutions although they build in the summary other many of the information that offered and that they are of the same tenor.
On the other hand the own defendant doing right use that confers the Law to him admitted part of his responsibility in the facts, first because autotituló "independent" journalist, in spite of recognizing that he is graduated university and masters in sciences but of Mechanical Engineering; as well as to have developed contrarrevolucionarias activities from four and ninety October thousands nine hundred to thousands nine hundred ninety and six and as of August of two thousands the two, like to have belonged to several organizations of this same character like the "School of Engineers and Architects" and the "Cuba Commission", both registered according to did not credit the Director of the Registry of Associations of the Ministry of Justice of Cuba and in the last one of which it not only helped his creation but that it held positions "at national level. Also he recognized that he concurred to the Office of Interests of the United States of North America in Cuba and that sailed there by Internet, communicated with the apatrida Jadir Hernandez Hernandez - who credited itself that thousands two definitively left the country in eI two and received magazines, pamphlets and other publications; everything which could be corroborated with, the occupation of I number high of post office sent by Hernandez Hernandez to him, that in the fundamental thing they stimulated it to continue his "journalistic" work, the relations with the SINA and that guarantees that it received a payment by these "services" as well as the more or less direct or indirect entailment of the citizen Hernandez Hernandez to the American Cuban Foundation been in Miami and that the money which it sent came partly from them; as well as the one that it sent to him for the purchase of a maquina to write, Ia that will be occupied the defendant; Also others of the information brindadas' by the witness Torres Armenteros then not only was certain that acquired potentiality defendant GALBAN GUTIERREZ paid information for badly called Martí Radio as he recognized it; but that the radius whereupon listened to them and that it was occupied to him and that appears photographed in fototabla that annexed and soon sent to expert work it was contacted is not commercialized in the commercial network of our country; it was in good technical state, tapeworm the high sensitivity superior to the one of any receiving radius, of that they are possible to be acquired in Cuba and the twenty frequencies used by the subversive transmitter of the south of Florida can be caught by him, listened to it; also they took care a programming to him of the so many times named emitting radial, containing the days and hour of trasmisión of its programming and posters and propagandas of contrarrevolucionario character that are annexed in fototabla, in addition to also obrantes photos in fototabla of its participation in subversive activities because aggressive texts against the figure of the Commander-in-Chief are appraised Fidel Castro Ruz. It was not managed to obtain more data on the relations of this defendant with Hernandez Hernandez and been contrarrevolucionarias organizations in the outside since as First Lieutenant referred the Instructor well Jose Luis Curbelo Cardentey who not only offered elements on his previous conduct, and the investigations practiced, but in addition the maintained one during the instructive process declaring that in him it did not cooperate effectively since it did not provide the key of his electronic mail reason why no, had access to its correspondence by via Internet that was the one that fundamentally maintained all the scaffolding of its relations.
In the case of the LEFT defendant HERNANDEZ the own witness Torres Armenteros demoted that she not only knew that had bonds of friendship with GALBAN GUTIERREZ but who it saw participate it next to that in contrarrevolucionarias activities, which will be ratified by also the witnesses Rene Rivero Páez and Héctor Bacallao Diaz, both neighbors of this defendant, the first member of the vanguard organization, but that in addition is the secretary of the nucleus of retired of the zone of residence of the defendant and the second honorary civil employee of the DSE, that in addition asserted that many of those activities were celebrated in the own building of the defendant and who they sometimes required it by this acting then it, enervaba to the neighbors; both guaranteed that the same one had left its labor bond and to have seen the first in an opportunity and other know at least by reference that in several occasions was visited by a vehicle the SINA to leave him to correspondence and packages to the defendant; as well as that was of the knowledge of all its fellow citizens that listened badly called Martí Radio, in addition that spread its ideas; also Bacallao Diaz, said to have read the Bulletin "Arriba River" and salary whereas many news that appeared in were reported by the defendant and that was tendenciosas. All these allegations were recognized by the defendant who according to criterion spilled by the Instructor Curbelo Cardentey was of the defendant whom he more cooperated with the process of Instruction, although almost all the elements offered already were of the knowledge of the DSE, since time took after its activities by which it clarified had been mentioned and alerted, paying to it neglectful attention.
The witness Pedro Piloto also neighboring LombiIlo of LEFT HERNANDEZ declared to have known which its decontamination of the organization of vanguard of the class had requested, Cuban worker and the accomplishment directly, of at least one contrarrevolucionaria activity in his address where she considered that they were irrespetando, the Cuban flag, as well as that in that own date she made in his presence manifestations of subversive character since she referred that "… at some moment they would take the streets…"
Also he guaranteed to have participated like witness in the registry that practiced to him in the address where a radius took care to him small the one that it described, and is of the same identical mark and to occupied to defendant GALBAN GUTIERREZ and also has the same characteristics of power, many books and a poster that said to civic library rural "Sebastián Arcs", which appears shaped in photos that accompany and a little flag by the United States de Norte- America everything what agreed with demoted by the witness the Pedro Pablo Abreu Garci'a who was honorary civil employee of the DSE; being stated by certifico emitted by the Municipal Direction of Culture of Güines that the defendant was not technician of libraries.
Special meaning had intervention in act of judgment oral of Director of Higiene and Epidemiología of Municipality of Guinea, who appeared like witness in order to deny one of information that she paid defendant LEFT HERNANDEZ, since although she clarified that he is frequent by the infrastructure of the supply, of networks and sewage systems of the Municipality, that with certain regularity take place hepatitis buds is always of the "A" and not of the "C" as the defendant informed, evidently being manipulated the information since first, she is viral, much more benign, she has a shorter period of incubation and is hydric his trasmisión (water, tinkles and fecales lees), in addition to which its evolution is satisfactory almost always; second on the contrary trasmite by (the blood bovine. Injections, tattoos, etc.), have a reserved prognosis and evolve to the cronicidad, existing therefore many possibilities of decease; that certainly at the time in that the news offered it had in bud of hepatitis "To", but only two hundred ninety were and six and not more than the five hundred patients and the fact it had happened to nine kilometers of where it was briefed. Everything what in addition it appeared certificate in the summary.
Also the defendant recognized made work "independent" journalist, although avaIó by the Union of Journalists of Cuba that the same one was not member of that organization building certifico of the Center of Monitoreo and Ana'lisis of the enemy radio assigned to the ICRT that guarantees that of January to the eight of March of two thousands the three paid to Martí Radio information which they were accompanied, but in addition did not have qualification at least, because schooling degree only counted on twelve; to have belonged to the organization "Cuba Commission" where it carried out responsibilities at municipal level, as well as to have received from the Office of interests bibliography for the library that created and to sail in Internet in this seat, in addition to by this route communicating with Hernandez Hernandez, everything what was avaIado with the occupation of a poster made by members of that organization who guaranteed the Director of the registry of Associations of the Ministry of Justice was illegal and that appear in photo together with the summary; as far as the bibliographical material occupied agencies CUBANACAN, world-wide mail, CUBAPACK and CUBAPOSTAL they certificaron to it not to have sent them and in addition they build occupied you exceed them in which some came from them and whose sender is the SINA; as well as it also builds certificate by the Unit of Protection to diplomatic seats that the defendant concurred thirty November of two the thousands one to the department of Press and Culture of this diplomatic seat and the seventeen of January, the eighteen of November, ten seventeen and thirty of December all of two thousands the two, and the twenty-four and first of February of two thousands the three to sail by Internet.
This defendant recognized to have received money by his work of "independent" journalist and consists that although at the time of asking for the information tapeworm pending balance did not receive five hundred forty and five dollars through the agency. TRANSCARD between the sixteen of November of two thousands the two and the seventeen of March of two thousands the three at the rate of sixty to one hundred twenty dollars monthly.
It did not recognize to be the second Head of the Bulletin "Arriba".:lo River that could not either be proven, but which many of the information that it paid to magazine CUBANET were placed in with his consent, because also it recognized his bonds with Hernandez Hernandez which could be stated through the electronic mails that were attended between both and that were occupied to him.
Also it was valued that it left, his work at the moment at which it began to receive money by those routes of the United States de Norte- America and it was stated in fototabla existing that appears portrayed in provoking activities of contrarrevolucionarios elements of the Municipality of Güines and carrying contrarrevolucionarios signboards.
Also this defendant recognized to have received information of defendant VAILE HERNANDEZ and them to have paid stating it faIsedad to it of the one saying and of the news article of the other since although it is certain that to first they tried to rob to him in his building, he is uncertain that made denunciation official for that reason, which certificó by the competent authority; but in addition that did not give faculty him to propalar lies on increase of that type of deIitos in its territory of residence then when demonstrating itself that more than five years ago did not toil and its little educational level, is possible to raise that it did not have access to that information.
The certain thing is that it asserted not to have not to have received payment by those information that offered and element does not exist that puts in doubt or between this its affirmation; but if it recognized to belong to contrarrevolucionarias organizations, to have visited in two occasions the SINA, to have interviewed in first, enough already distant in the time with a civil employee of same to whom trasmitió the information on its activities and in the second opportunity to be flattered with subversive Literature that soon difundio '; having appeared to the act of the oral Judgment the witnesses Miguel Taming Vasallo and Carlos Alvarez González who demoted on the contrarrevolucionarias activities in which the defendant participated as much in his building as of public form, asserting that it is a faithful listening of Martí Radio and the disquiet that those Activities have generated between the neighbors.
Also a radius of the same mark was occupied him and characteristics that, the one of the other two defendant and placards with contrarrevolucionarios texts one of which it was analyzed and in his reverso tapeworm a writing that the experts concluded had been done by this defendant.
As much LEFT HERNANDEZ as VALLE HERNANDEZ caused the voluntary delivery of several radii that had given.
Stirring and very eloquent they were the declarations of the Yamila spouses Reyes Perez and Noel Arcadio Montero, whom during ten and eight years respectively they penetrated the grupúsculos to which they belonged defendant GALBAN GUTIERREZ and LEFT HERNANDEZ by directions of the DSE and narrated the activities by developed its responsibilities within the same ones, the financing that received from the FNCA and the moving bodies that they persecuted.
Great part of the Literature occupied to defendant GALBAN GUTIERREZ and LEFT HERNANDEZ, cases out analyzed by a commission of experts selected to the effect who issued a ruling on their content that cases out exposed to the Room by the skillful Robert GonzáIez War that concluded that the occupied documents denied the existence of a State of Right in Cuba and proposed measures for a supposed pacifica transition towards Ia democracy among other elements.
Others of the valued elements were the negative certifications of criminal records of the three defendant and the information on their conduct, tests all that appreciated separately and in the context of all the practiced ones allowed to know their conducts and degree participation in the facts.
THIRD BEING: That the Fiscal Ministry maintained and elevated to definitive the conclusions that evacuated with provisional character and which they build of folio one to the eleven of the judicial roll.
QUARTER BEING: That also the defenders of the defendant maintained and elevated to definitive the conclusions that, evaluated with provisional character and that thirty and three build to folios, thirty and four and thirty and five, thirty and six and thirty and seven of the own Roll of the cause.
FIRST CONSIDERING: That the facts that are declared proven, are constituent of
crime of acts against the Independence or the Territorial Integrity of the State, anticipated and sanctioned in I articulate ninety and one, in relation to articles nine contributed one and two and twelve contributed one, all of the Penal Code, since in agreement appears such of the defendant during several years indifferently was grouped, belonged and created in the country different organizations from illegal character within which they made conspirativas activities, of incitación to the civil disobedience, of distortion of the Cuban reality by means of spreading two of them, of information in disrepute of the institutions and leaders of our State, that third also it facilitated, verifying itself that both first they received payment by this work, not therefore third, and that last aim of all was the one to facilitate the interference of the United States de Norte - America in Cuba and to make possible the fulfillment of the policy estableada by the successive North American administrations against Cuba and of the institutions created to that effect in order to destabilize and to subvertir the order and con it to obtain a change of the existing socialist regime in the country that this authenticated by the Constitution approved by most of the town, to put under Cuba to the interests of the own United States de Norte -.
SECOND CONSIDERING: That the defendant are responsible penal for the referred crime for direct authors by it to have made by themselves of the form that anticipates eI I articulate eighteen, contributed one and two, interjection a) of the Penal Code.
THIRD CONSIDERING: That in the commission of these facts it concurs and it is to appreciate the modifying circumstance of aggravation anticipated in article fifty and three, contributed to b) of the Penal Code for GALBAN GUTIERREZ and IZQUlERDO HERNANDEZ, because committed the facts by profit, for VAILE HERNANDEZ by not thus not to have been able to verify that some from civil employees of the SINA of the North American Government has received money or of the Cuban contrarrevolucionarias organizations in the United States of America, by the development of these activities, the also modifying circumstance was not appraised either to acusados but of attenuation anticipated in I articulate fifty and two, interjection ch). of the own Law and interested in all the defenders of the defendant; since although they recognized his you will act, when doing they already built it against them sufficient elements to incriminar them, reason why to its declarations the character of spontaneous cannot be given them and in the case of GALBAN GUTIERREZ it either did not demonstrate repentance of his to act because it hid some information to clarify all his to act, considering that their actions are moved by the interest to see reduced the sentences that can be imposed to them by these facts.
QUARTER CONSIDERING: That the criminal responsibility takes with himself the obligation of civil character to compensate the damages and damages produced by the action. what it does not come by not to have interested in this case.
FIFTH CONSIDERING: That at the time of dictating his failure, the Court considered the preceptuado thing in articles twenty-seven and forty and seven of the Penal Code. , little especiaImente in I articulate fifty of the own Law since all the defendant did not have equal degree of participation in the facts; despite we valued that in general the actions committed by the defendant have a high social danger, since they attempted against the security of the State, since they matched to him to a government and to institutions of a foreign country when letting put them in a program practices that far from legitimizing the normal cultural, literary interchanges,
educational and of another type between both countries, they tried by means of the reproduction and distribution of materials of subversive cut, the training of people like "idependientes" journalists, with intelectivas capacities like GALBAN GUTlERREZ and other devoid ones of them like LEFT HERNANDEZ - who received payment by the offered information -, the delivery of radio equipment of good ' radial emitting power in order that everything was listened to las that from North American territory disclose the opposite news to our reality, what was possible because they caused the use to them of its diplomatic seat in our country in that these plans were organized, in addition to which some the civil employees that in her toiled financially contributed material and to the creation existence and later performance of the contrarrevolucionarios grupúsculos like a those that was integrated or directed these encausados and whose aim was to promote the civil disobedience, to continue the line that the United States of North America maintains – from the own nine and fifty January thousands nine hundred to undermine the bases of our Socialist State from within, by means of diversionary operations, after which the activities of the organizations integrated by Cuban citizens also hide who during these more than forty years. of revolution they left the country and they took root definitively in the United States of –North America, fundamentally in:Miami, DES of where they have stayed making activities of different nature with the tried idea to overthrow our socialism, everything which turns them treasonous and enemy from the town to those who nevertheless not to be the pellet of retributito character, it only comes to impose long sentences to them in prison of the form that it establishes I articulate thirty of the Penal Code, despite to have valued which they are people who are not old, that was born with the revolution and devoid of antecedents penates; without avoiding that to GALBAN GUTIERREZ and LEFT HERNANDEZ a modifying circumstance of aggravation of the responsibility was appraised to them since was demonstrated that of these activities they had made a life average since they let his bonds labor and make socially useful workings in spite of being apt physics and psychically for it - since minusvalía that it has first of them would incapacitate it for some but it does not stop all the tasks -. that in the case of VAILE HERNANDEZ was dedicated to the illicit taking of steps and that the behavior of all being harmful to the interests of the great majority of the Cuban town , he was despised by his neighbors who were alarmed of apparent impunity whereupon these acted; also one imposed the accessory penalties of deprivation of rights and comiso to them that establishes articles thirty and seven, separated one and two and forty and three, both of the Penal Code, dictating a failure in the following terms.
WE FAILED: The Independence or the Territorial Integrity of the State is sanctioned to the defendant like authors of a crime of Acts Against, a:.
MIGUEL GALBAN GUTIERREZ, To TWENTY-SIX YEARS OF DEPRIVATION OF
FREEDOM.
LEFT JOSE UBALDO HERNANDEZ To DIECISERS YEARS OF DEPRIVATION OF
FREEDOM.
HECTOR RAUL VALLE HERNANDEZ, To TWELVE YEARS OF DEPRIVATION OF
FREEDOM.
Sanctions that all the defendant will fulfill in the Penitentiary Establishment that to those effects designates the MININT to them, serving to them as installment to the imposed penalty the time fulfilled in provisional prison Also the deprivation of rights prevails to them like accessory sanction that includes/understands the loss of the right to the active suffrage and passive as well as of the right to hold positions of direction in the organs corresponding to the political-administrative activity of the State, the state economic units and in organizations of social masses and by I finish equal to the one of the main sanctions.
One arranges that the forty dollars ($ 40,00, USD) occupied to Miguel Galbán Gutiérrez, they seize and they happen to thicken the bottoms of the Box Compensations,
It is arranged that the is three hundred ninety and eight pamphlets removed from "Internet", the eighteen pamphlet packages also removed from INERNET, the sixteen lists the Cuba Commission, the eleven you exceed yellow containing, pamphlets removed from Internet, the thirteen you exceed of Literature, presses and culture, the twelve you exceed of the Press office and Culture of the SINA directed to the Galbán defendant Gutiérrez, the seventeen magazines the Dissident the three official citation photocopies the three you exceed with post office of the Jadir citizen Hernandez. on with GALBAN strap GUTIERREZ, on yellow with cables, to institutions of the State containing documents. on with letter to President of Mexico Vicente Fox; on with letters to the Department of refugees of the SINA, on with consisting of documents Laws and Cuban Codes on containing conferences of the social training center, on with documents, letters and conferences to different groups on with documents and pamphlets "Arriba River" on with documents written by hand on with documents from the Union (Confederation the International of Work), on with documents of holders of the news on with documents of the Bulletin "Arriba River", on with lists of the City council of Güines, on with documents and contrarrevolucionarios bulletins, on with documents denominated "denounces pepito", on with document of the Bables Project Network; on with religious propaganda and you exceed of the project Varela, twenty-two photos of negative elements to the revolutionary process in different places; one hundred forty and another units of Literature, eighty and five North American newspapers, a poster that "Municipal Mayorship of Güines" says and other that says "We condemned to the Terrorism of State" an almanac with esfinge of Jose Martí and that says "the Mother country is of all", four cassettes, three photographic rolls mark Kodac, four lists of the School of engineers, and architects of Cuba. a photographic roll with twenty-three positions with two fragments of two photos and other three photos, another fragment of eight photos, a pad for dies, eleven dies, two medium shippers of battery marks to digital Power two recorders of small cassettes, with two cassettes. a radius marks TECSUN, seven cassettes of recorder two notebooks of warehouse of previous years and one typewriter Remington mark occupied to GALBAN GUTIERREZ, four shippers of battery metallic gray color with blue label and yellow located in the superior part where DIGITAL DOUBLE BED RAPIO CHARGER with the cover of the opening is ***reflxed mng in white letters where four radios of black color with gray horn go you toot plastic receiving transparencies, it marks to TECSUN, of batteries, portable with nickel-plated antenna and slate of bands gray and green color with the contomos in black and numbers of being to him OAM 2020l08858 and OAM 2000205000364, with good state of operation, four fine cables, black of a meter, and three, meters and ninety centimeters in length that in one of its ends has two small headsets and in the other a the two plot one and a fastener, four cables of a meter fifty centimeters in length with a power outlet in their ends and the other a plot each one, four batteries of blue color, mark Digitalis reloadable, in regulating conservation state and two you toot small of blue and green color, marks Vidal nonreloadable, in regulating conservation state, a folIeto in whose title page "pastoral letter" is ***reflxed mng is no mother country without virtue, a titled pamphlet Universal declaration of the Human rights, a pamphlet that contains the declarations in the University of Havana made by Jinmy ex-president Carter, a pamphlet who contains the Project Varela, a transparent nylon with stars of blue color, yellows. red and green voluntarily given by the citizens Alexander Vicente Rodriguez Ramos and Onelia Sigler Sarmiento, Juan Cardinal red de God Hernandez and Noel Ascanio Montero; a pamphlet of black color that contains the Constitution of the United States de Norte Ame'rica;a business card to name of the Lawyer Reinaldo And Cosano Alen a photo to fifteen color by ten centimeters in which behind they appear a group of people and two posters with contrarrevolucionarios texts, as well as Cuban flag and of the EUA, a fragment of paper of twenty-three by fifteen centimeters, containing red writing and cursiva letter voluntarily given by the citizen Sweet Jose Orta Acosta, a small radius of blue and gray color with two batteries, marks TECSUN in its black case in good state, a battery shipper marks to Quartary of gray color with three occupied batteries the defendant Valley Hernandez, as well as a power supply of black color in its nylon, a cable of black color pertaining to the radius and in its nylon, a camera mark KODAK metallic and black color with serial number 4817095 in its black case, a camera mark KODAK, six films of video, VHS with its boxes, eighty and nine Universal Declarations of the Human rights, an Inter-American Democratic Letter, three documents of the Platform of the Project "an Amiga Hand", three placards with slogans of the human rights, eleven documents written by hand with serial numbers of tickets of the USA, passport to its name with serial number 142915, a membership card of identity old model to its name, the eight photos to color, the thirteen denunciations, the one hundred leaves of denunciations, the seventeen official notices and acts of meetings, the eighteen citations of the PNR, both comprobantes of the company/signature of the VareIa Project the fifty and eight comprobantes of the CTDC. PPDHC and of the Committee mothers Pro-amnesty the correspondence sent by the SINA giving answer to a request of exit of the country, cut of newspaper with the image of Maria of the Carmen Carro other documents that constitute endorsement, two notebooks without using and one Declaration Universal of the occupied Human rights to Jaime Antonio Castillo Peraza, the radius marks TECSUN, the shipper with the batteries DIGITAL MARK, the shipper without mark, a game of headsets, a case of radio, fourteen exceeds of the press office and culture, two case with leaves with the news and denounces two you exceed with electronic mails sent by JADIR HERNANDEZ. on with documents written by hand, on with the news of Martí Radio written by hand, on with documents of journalistic foundations eleven bulletins of the magazine "Arriba River", fourteen bulletins of Cuban Project "I Demand", six surveys of Commission Cuba on the Violence, six pamphlets of interviews on ecological short lists, a black diskette says Administration of small companies, without mark, fourteen folletines of "New Word", two you exceed with documents several seventy, periodic "Newspaper of America" twenty-six newspapers of the country, thirteen pamphlets of the Dissident, two newspapers "the World", fifteen magazines "Mater Soul", thirty and seven pamphlets CUBANET, three you exceed with magazines ' Vitral ", seven pamphlets titled" Without Censorship ". five Geomundo magazines, eight pamphlets of the Project "Varela". one hundred sixty and eight Literatures of different temás given by the SINA, four books of religious Literature, four, placards, a Poster, a business card to name of Alexander Vicente Domínguez Ramos, one hundred eighty and four pioneering books of different Literatures, four magazines "Union", three books, a Havanan magazine, two newspapers, a áIbum of filatelia and a little flag of loa the United States, occupied to the LEFT defendant HERNANDEZ are, to the free disposition of Direction of the Department of Security of the State of Havana, so that it reads gives the destiny that considers pertinent.
In relation to the six photos presented/displayed in the act-del oral judgment by the Public prosecutor, where they appear two of the witnesses and defendant in front of posters with contrarrevolucionarias slogans, Cuban flags and making the sign of the victory and the document emitted by the Office of Security for the Computer science networks, únanse to loose cord to the performances, like the cassette in the voice of defendant GALBAN GUTIERREZ giving the contrarrevolucionarias news.
In relation to the documents that appear united to the file such as post office, program USAID FOR Cuba (operation liborio) the information transmitted by radio Martí, New Cuban Press by INDEPENDENT CUBANET, the bulletins Arriba River, pamphlets CUBANET, the fotocopiados listings of the people that went to the SINA, the magazines Without Censorship the Dissident, the document that guarantees the deposits done in Cuba in Agency TRANSCARD in favor of the LEFT defendant HERNANDEZ, the interview made to James C. Cason (Head of the SINA) by Ambrosio journalist Hernandez of Canal 51 in the program behind the news the day veintiuno of December of two thousands the two, the biographical cards of some grupusculeros and organizations, a manuscript on denunciations given by Valley Hernandez to Galbán Gutiérrez, a Universal Declaration of the Human rights, a Certifico that guarantees that Valley Hernandez was member of the CTAC, a act of a meeting of this organization, the project "a Hand four Amiga" manuscript made by Valley Hernandez for comparison and expert work, a cardboard with contrarrevolucionarias slogans and one fototabla with ten photos, are left to the summary and another manuscript united done by Left Hernandez where it asks to him a friend who gathered the radii that he had given and to the names of a that.
Moto MZ is seized Model one hundred fifty c.c of year sixty and four with I number of motor six, one, two, eight, eight, five, five, body nine, one, five, one, four, one, zero, black green color with date of file five of two thousands the three March of individual with matriculation HRR nine hundred seventy and four that was occupied to the defendant VALLEY HERNANDEZ, but that is in deposit in its building and it is arranged is given to Divep-sime.
One arranges that once it signs the sentence lapse the measures you will prevent of provisional prison imposed the defendant
Notifíquese this resolution to the parts doing to them to know that when being a procedure sumadísimo, the same one is susceptible of resource of Abrogation before the Room of the Penitentiary of the Popular Supreme Court in a term of THREE DIAS HABILES, later to its notification, remítanse capias of same to the organs and the institutions that come.
Thus by this our sentence, we pronounced it, we commanded and we signed.