Havana #13
English (machine translated) | Spanish
THOUSANDS THE THREE SENTENCE I NUMBER THIRTEEN OF TWO (13/2003)
PRESIDENT:
TATIANA BEHAR PANTALEON
JUDGES:
MARIO RAMOS SANCHEZ
MARIA ISABEL GONZALEZ PONS
CARMEN MIRIAM BOUNDARY ECHEVARRIA
TERESA LEFT PEREZ
In Havana, to the seven days of the month of April of year two thousands 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 five of year two thousands three (5/2003), by to have committed the PENAL INFRACTIONS OF the LAW.88 of 1999, of PROTECTION OF the INDEPENDENCA and the ECONOMIA OF CUBA. in that they appear like parts the Lawyer Lorenzo Andréu Vela, in
representation of the Fiscal Ministry and defendant JOSE MIGUEL MARTINEZ HERNANDEZ, natural of the Municipality of Quivicán, Havana Province, son of Lorenzo and Amada Enelia, thirty and nine years of age with identification number Permanent 63080401922, married, without labor bond twelfth degree of schooling, neighbor of street twenty-eight, number two thousands seven hundred nineteen, between twenty-seven and twenty-nine, Municipality of Quivicán, Havana Province, represented by the Rescuing Lawyer Goatherd González like designated lawyer and in Provisional Prison by this cause.
BEING PONENTE THE JUDGE: MARlA LAWYER ISABEL GONZALEZ PONS. --
FIRST BEING: Proven that the defendant JOSE MIGUEL MARTINEZ HERNANDEZ promoted and stimulated by the aggressive policy of the Government of the United States of North America and its systematic injerencista work in the internal subjects of the Cuban town, with the objective of subvertir and destroying political, economic and social the order existing, from year thousands nine hundred ninety and seven tied to organizations like EI Cuban Committee Competing Pacific. EI Movement the Twenty-four of February and Liberal Party, all of noticeable contrarrevolucionario character and none of them new recruits in the Registry of Associations of the Ministry of Justice, developing as of that date a group of directed activities to obtain such intentions, for which given the relations that maintained with the main leaders of these organizations, it began to assiduously visit the Section of Interests of the United States of America, visits whom the twenty-three of May made, twenty-five of October and thirteen of December of year two thousands, as well as the fifteen of March of two thousands the three, contacting with different civil employees from this Office, in individual with the ones in charge of the Department of Press and Culture, reason why few months later it began to receive several bibliographical materials of subversive and contrarrevolucionario cut, that made him monthly arrive at its address the Office in a vehicle pertaining to referred the host diplomat, being created then one of the calls Independent Libraries that "Juan Bruno Zayas" denominated, and whose I make the rounds bibliographical he enriched with a group of magazines of these same characteristics that provided the then Vice-president to him of Movement Twenty-four of February, Rubén Camalleri, that the defendant replaced in the position after this one had to leave the country, serving this house as place of meeting to desafectos elements to the revolutionary process that went to the same one, being named the defendant by the citizen Ramon Humberto Colás Castillo, connotado indifference which also it left the country, like Provincial Delegate of the Independent Libraries of the Province of the Habana. making even several shootings of these, in order to send them to the outside to request of Colás Castillo: in order to transfer therefore the image of which the dissidence in Cuba was organized, that attended these Libraries and that needed this type of bibliography for their development and Ideological fortification. Equally like part of the program created by the Government of the United States to promote, to organize and to direct inside to contrarrevolucionarios elements and outside the national territory, in one of the visits carried out by the blame the Office of Interests, the civil employee Héctor Palaces Ruíz, Director of the Center "of Social Studies, did delivery to him to MARTINEZ HERNANDEZ of two receiving radios" TECSUN "Modelo R9701 with a power outlet, system of headset and cable for antenna, for its distribution, giving to him defendant one of these, to the citizen Aldo Andrés Hernandez Perez, member of the Liberal Party of the Quivicán Municipality. Also during this period of time the defendant contacted with several of the calls independent journalists in Cuba, such as Miguel Galbán Gutiérrez and Jose Left Ubaldo Hernandez, processings in the cause number four of two thousands the three of this same Room by similar facts, through which MARTINEZ HERNANDEZ sent information to badly called Martí Radio, with the purpose of weakening and of discrediting the Cuban reality, verifying itself that of ten sent materials, one of them was transmitted by the emitting mentioned one, in flagrant violation of all treaties and settled down agreements that regulate the activity. Similarly the defendant MARTINEZ HERNANDEZ was contacted by telephone route by the citizen Yanicet Rivero, pertaining to the been competing organization in denominated "the Directory Revolutionary", who has between his main tasks the one of offering aid to the contrarrevolucionarios prisoners in Cuba, interesting to him in this opportunity he made him arrive at the relatives of the Cecilio inmate Ruíz Rivero, who extinguishes sanction by the Crimes of Public Disorder, Resistance and Disobedience, in seven and ninety cause two hundred seven thousands nine hundred of the Provincial Court of Havana and was processed as well by the Crime of Enemy Propaganda, determined extreme of money, that he was complimented by the defendant, who in addition visited the secluded mentioned one in the Penitentiary Establishment where he was, verifying itself equally that also he was contacted by already mentioned Miguel Galbán Gutiérrez, the secluded other six effects of which charge visited that the defendant did not get to materialize. Finally one determined that in times of the night of the fourteen of December of year two thousands two: the defendant MARTINEZ HERNANDEZ in union of other known contrarrevolucionarios such as Vladimiro Rock, Héctor Palace, Pedro Pablo Alvarez, Felix Navarro, Iván Canillo and Gisela Regalado Coarse sand, attended a reception in the residence of the Head of the Office of Interests of the United States of America James Cason, who has turned his diplomatic facilities an illegal center of meetings where instiga, promotes and pays to conspire and to sabotage without the smaller scruple to our laws and the norms established internationally, done that was denounced publicly by our Commander-in-Chief in date six of March of the present year.
Accused EI JOSE MARTINEZ HERNANDEZ, of the generals who occur by reproduced which he does not have labor bond, do not belong to no of the organizations of masses nor participate in their activities, that reune with contrarrevolucionarios elements, pronouncing publicly against our process and that, before tying to this type of activity was militant of the Communist Party of Cuba, being separated of its rows by dishonest conduct. Without criminal records consist to him.
SECOND BEING: That facts narraos in being previous have be proven in accordance with preceptuado in article three hundred fifty and seven of Law of Procedure Penal, valuing objectively tests practiced in act of judgment oral, starting off of declarations offered by four of witnesses comparecientes, which they reside near the defendant and they agree in pointing that JOSE MIGUEL MARTINEZ FERNANDEZ pronounces itself publicly against the Cuban revolutionary process, that is not to of the organizations of masses tie nor participates in its activities, which has in his address bibliography of subversive character that is provided to him by the Office of Interests of the United States of America, through a moving body that belong to this host a and which it frequents his address, which it is collection point of elements that as the defendant is known by their contrarrevolucionarias activities, everything what it was corroborating of special way by the Ascanio witness Montero, agent of the Organs of the Security of the State, that revealed its true identity in the act of Oral judgment, and who exposed in details before the Room as they were the contrarrevolucionarias activities developed by the defendant, his bonds with the Section of Interests and some of his civil employees, as well as with other ringleaders who are in the outside, so it is the case of the opponent Yenicet Rivero, whom it asked for served to him as intermediary in order to make him arrive monetary aid to the contrarrevolucionario prisoner Cecilio Ruíz Rivero, of that certification sent by the Prison in relation to its legal situation consists; building in addition to fojas to the file the occupation act of the bibliographical material that was in the address of which certification sent by the Prison in relation to its legal situation consists; building in addition to fojas to the file the occupation act of the bibliographical material which one was in the address of the defendant, who after analyzed its content by the Commission of Experts of Social Sciences, the same one concludes they have a noticeable negative intention towards our country, and they urge the civil disobedience, changes in the social, economic system and of government, and distort the Cuban reality, spreading the false news. Accompanying as well act by occupation of both receiving radios with its additions that were given to the defendant in order that it distributed them. The certification of the Unit of Protection to Diplomatic Seats also consists in summary, where the dates in which MARTINEZ HERNANDEZ visited the Section of Interests, as well as of the Center of Monitoreo and Ana'lisis of the Enemy Radio are credited, through which it is stated that one of the formulated denunciations was transmitted by the radio transmitter Marti '; everything what was recognized in the judgment by the defendant and corroborated by the Police Instructor whom the process had to its position and whom made reference to each one of the actions of instruction made and its results, without by the elements which they build in the performances, nor after practiced the test in the oral judgment, it has been possible to demonstrate that the defendant received payment or benefit some by the activities that made. The rest of the documentary one was valued equally that accompanies in individual the one that talks about to antecedents and conducts and conducts of the judged one, as well as the one that was contributed in the act by the defense misestimating in this case the one that it tries to credit its labor occupation, of not constituting an official state bond.
THIRD BEING: That the Fiscal Ministry in the act of the Oral Judgment maintained and elevated to definitive its obrantes provisional conclusions to fojas one, two, three and four of the cause.
QUARTER BEING: That the defense in the act of the oral judgment maintained and elevated to definitive its provisional conclusions although articulated first of them, so and as appears obrante to fojas of the annexed roll and to the act of the oral judgment.
FIRST CONSIDERING: That the facts that are declared proven tipifican the Penal Infractions of the Law Number Eighty and Eight of 1999, Protection of National Independence and the Economy of Cuba, anticipated and sanctioned in articles six, separated first, seven section first eleven of the referred Law, integrating themselves first since its comisor accumulated and spread material of subversive character of the Government of the United States of America, its agencies, dependencies, representatives, civil employees or of any foreign organization, to support the objectives of the Law "Helms-Burton", the blockade and the economic war against our town, directed to break the internal order, to destabilize country and to eliminate to the Socialist State and the independence of Cuba. Tipifica the second penal infraction every time its comisor with equal intentions collaborated with radio transmitters, magazines, newspapers or otos foreign means of diffusion. Integrating the last one of the infractions since its comisor for the accomplishment of the acts anticipated in this law of direct way or by means of third, received and distributed financial and material means, coming from the Government of the United States of America, his agencies, dependencies, representatives and civil employees. Considering the Room that considering the elements that build in the file and of the test results practiced in the act of the Oral Judgment, does not exist sufficient tests that they demonstrate that the defendant committed the facts with spirit of profit or by means of gift, remuneration, compensates and promise of any advantage or benefit, reason why we did not consider proven the figures agravated that come imputing in relation to the two first infractions that appear you decipher in this Considering.
SECOND CONSIDERING: That the defendant is responsible penal for the referred penal infractions, for Author, in accordance with the preceptuado thing in article eighteen, separated second, I affect a) of the Penal Code.
THIRD CONSIDERING: That in the commission of these facts modifying circumstances of the criminal responsibility are not appraised.
QUARTER CONSIDERING: That from the commission of these facts civil some reason why not responsibility is not derived makes uprising on the matter.
FIFTH CONSIDERING: That the Court when adapting the taxable sanction considered the preceptuado thing in articles twenty-seven and forty and seven of the Penal Code, taking in consideration the gravity from the committed infractions, which has intensified still more after the approval of the Law Helms-Burton, having constituted a threat to our integrity and national security, violating the established laws and our constitutional rules, causing serious damages to the well-being and the interests of the town; considering the Room that still and when one is a primary comisor, the actions of these agents to the service of the North American policy they are directed to discredit the institutions of the Cuban government and its international image, to promote the political isolation and to affect our insertion in the mechanisms of economic and political, regional and international agreement and integration, with serious consequences for the economic development and of the country in general, reason why must impose in this case a penalty that entails the energetic character and the severity that its amerita conduct, in accordance with the regulated thing in articles thirty, thirty and seven section first and second and forty and three sections one, two and three of the Penal Code.
WE FAILED: JOSE sanctions itself to the defendant MIGUEL MARTINEZ HERNANDEZ like Author of three penal infractions of the Law Number Eighty and Eight of 1999, Protection of the Independence and the Economy of Cuba, imposing to him SIX YEARS OF DEPRIVATION OF LIBERATAD by first, FOUR YEARS OF DEPRIVATION OF FREEDOM at the last one, paying attention like Sanction Conjunta and Unica THIRTEEN YEARS OF FREEDOM DEPRIVATION, sanctions that the defendant will turn in the Penitentiary Establishment that to those effects designates the Department of the Interior to him, serving to him as installment to the imposed penalty the time fulfilled in provisional prison. Also the deprivation of rights that includes/understands the loss of the right to the active and passive suffrage, as well as of the right prevails like accessory sanction to hold positions of direction in the organs corresponding to the political-administrative activity of the State, in state economic units and in organizations of social masses and, by I finish equal to the one of the main sanction.
Comiso is arranged and gives to the Department of Security of the State of the Province of Havana, so that them of the destiny that considers, to the consisting of goods that appear occupied to foja 11 of the file: Ten business cards; a Membership card of Movement Twenty-four of February to name of Jose Miguel Martinez Hernandez; three diskettes of computer, one of them of blue color mark Sony and two black ones mark Maxell; a titled fine cardboard "Independent Library Juan Bruno Zayas"; a Act of Halting and Notification of the General Aduna of the Republic of Cuba Modelo Rad-01; a paper written by hand with names on the situation with the Political Prisoners of Quivicán; a titled book "Cuban Writings" ' a titled book "Declaration of Independence"; a titled book "the Constitution of the United States of America"; a titled book "History of the United States"; a titled book "the Courts of States United"; a titled book "Literature of the United States"; a titled book "Government of the United States"; a book titling "What the Bad Heads count"; a titled book "Brief History of the United States"; a titled magazine "Cuba Our"; a titled magazine "the freedom of the light"; a titled magazine "Of Liras"; a titled magazine "the Network of the Terrorism"; a magazine titled "With much of lime and tenderness"; a titled magazine "II Catholic Social Week"; a titled magazine "Introduction to the Human rights"; two titled magazines "Union Federation of Electrical Plants, Gas and Water of Cuba in exile", a magazine titled "Union Federation of Electrical Plants, Gas and Water of Cuba in exile"; a titled magazine "Ideal"; a titled magazine "New Cuban Press"; three titled magazines "Cuba Our"; a titled magazine "that is the Democracy"; a titled magazine "We the Town" two titled magazines "that are the Democracy"; a titled magazine "We the Town"; two titled magazines "the Democracy is a Discussion II"; a magazine titles "8 of March, Day the International of the Woman"; a titled magazine "Trip to the Memory"; a titled magazine "500 years of fight by the freedom"; two titled pamphlets "The Fátima Crusader"; four titled pamphlets "Extension"; a titled pamphlet "Cathulic Missioners Rural To America"; a titled pamphlet "Cuba Our"; a titled pamphlet "Columaran Missión"; a titled pamphlet "Howto Attract"; a titled follero "Messenger Birds"; a written by hand paper directed to Jose Miguel; a titled document "The Cuban Américan Nacional Foundatión"; a paper written by hand with the name of Jesus González Rodriguez; two photos type black and white passport; two stickers with the name of Fé in the Victory, the freedom will be Ours; a cassette of VHS video black color mark LG and orto without mark and a diskette of computer mark Maxell with the name of Pedro Carlos. Coming itself equally as far as the consisting of goods that appear united to the file two cards one to name of Lazaro Raul González Go'mez and the other to name of Rogelio Travieso Perez, like directors of the Independent Libraries of Viñales and Juana Alonso Rodriguez I; a card to name of Maryann Mckay as Second Secretary To orient the Press and Culture of the Section of Interests of the United States; two proclamations that say Faith in the Victory, the freedom is ours; an article that are titled "Language like Instrument of Domination" and a leaf of the Magazine "Cuba Our" seventeen number winter 200-2001.
It is arranged that once it signs and executed the sentence lapses the measurement to prevent imposed.
Notifíquese the present resolution to the parts, doing to know to them that to it will deal with a Sumadísimo Procedure, 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. Remítase copies of the same one to the Organos and Instituciones that come.
Thus by this our Sentence, we pronounced it, we commanded and we signed.