Havana #1
English (machine translated) | Spanish
ROLL NUMBER ONE
(APPEAL)
IT SENTENCES NUMBER ONE (1).
IN The CITY OF Havana, To NINE DE ABRIL Of TWO THOUSANDS the THREE.
JUDGES
PLACIDO BATISTA YOU SPEND THE SUMMER
PEDRO To PEREZ PEREZ
GUILLIERMO P. HERNANDEZ INFANT
GOING I. MERINO LARRAMENDI
JORGE PIÑERA UGARTE
SIGHT: before the Room of the Crimes against the Security of the State of the Popular Supreme Court, the Resources of Appeal established by the defendant: LORENZO ENRIQUE COPELLO CASTLE, son of Lorenzo Enrique and Ramona, unmarried, natural of City of Havana, 32 years of age, worker and neighbor of San apt Lazaro no. 320 7, enters Galiano and San Nicholas, Habana Center, City of Havana; defendant by the Lic. Jorge R. Betancourt Ortega and in provisional prison by this cause; BARBARO LEODAN SEVILLE GARCIA, son of Gospel and Rosa Maria, 22 years of age, natural of Camagüey, unemployed person and neighbor of Robert Kings No. 33, the Highway, Amancio municipality Rodriguez, the Tunas; defendant by the Lic. Jorge R. Betancourt Ortega and in provisional prison by this cause; JORGE LUIS MARTINEZ ISAAC, son of Eddy Luis and Isabel, natural of Holguín, 40 years of age, unemployed person, unmarried and neighboring of Cove no. 51 between Fifth King and Edge, Old Habana, City of Havana; defendant by the Lic. Jorge R. Betancourt Ortega and in provisional prison by this cause.
And also, the Resources of Abrogation by Breaking of Form and Infraction of Law were seen established by the defendant: MAIKEL DELGADO ARANBURO, YOANNY THOMAS GONZALEZ, HAROLD ALCALA ARAMBURO, RAMON HENRY CRICKET, WILBER LEDEA PEREZ, CURLY BULGING YOLANDA, ANA ROSA LEDEA RIOS And DANIA ROJAS GONGORA.
Resources all of them established against the sentence number eleven of two thousands the three, date eight of April of year two thousands three, dictated in the Cause number seventeen of two thousands the three of the radicación of the Room of the Crimes against the Security of the State of the Popular Provincial Court of City of Havana and followed by the crimes of ACTS OF TERRORISM and CARRYING and ILLEGAL POSSESSION OF ARMS and EXPLOSIVES.
BEING: That, in virtue to the valuation made of the practiced tests in the conducted Vista, the allegations made by the Public prosecutor and the defenders and the declared thing by the defendant, this Room of second Ilegó instance to the conviction that the facts that were proven, are the following ones:
That in dates nonneeded with exactitude, but immediately next and also including in the second fortnight of the month of March of year two thousands three, Ios accused in the present cause: LORENZO ENRIQUE COPELLO CASTLE, BARBARO LEODAN SEVILLE GARCIA, JORGE LUIS MARTINEZ ISAAC, MAIKEL DELGADO ARAMBURO, YOANNY THOMAS GONZALEZ, HAROLD ALCALA ARAMBURO, RAMON HENRY CRICKET, WILBER LEDEA PEREZ, CURLY BULGING YOLANDA, ANA ROSA LEDEA RIOS and DANIA ROJAS GONGORA, with the deliberate intention to leave the country clandestinely and stimulated by Ios Cuban citizen benefits that Ios stops, that of that antilegal and dangerous way obtains Ilegar to the territory of Ios the United States prevén in the Ilamada North American law of Cuban Adjustment, conceived the idea to materialize such pretensions by means of the kidnapping of one of the boats that were used in transportation of passengers in the coast of the Bay of Havana, specifically those that towns did between Ios of Casablanca and Regla, and the wharf of Light. With those aims, Ios accused MAIKEL DELGADO ARAMBURO and WILMER LEDEA PEREZ, occurred to the task systematically of checking the route of the referred boats, for which they traveled repeatedly in them, obtaining of that way to compile all the information required about the characteristics of the average referred ones of navigation, the crew who operated them, the existing safety measures, the schedule in which they took place Ios trips and the accumulation of the transit of people at different moments.
Asi in the concretion of their plans, decided providing itself with additional fuel of way so that this one reached after the tried passage made Ios the United States of North America, devising to those aims the Ilevar it in plastic francs of a liter and means of capacity, Ios that they would as well load individually in knapsacks. The acquisition of required petroleum was contributed by defendant YOANNY THOMAS GONZALEZ, whose company also I contribute with money in cash also the processing RAMON HENRY CRICKET. In addition, its greater intimidatory effectiveness remembered use a given firearm, which was contributed by the defendant JORGE LUIS MARTINEZ ISAAC. Finally, in times of the night of 1ro of April of year two thousands three, in the house of the defendant LORENZO ENRIQUE COPELLO CASTLE, located in the street San Lazaro number three hundred twenty, between Galiano and San Nicholas, municipality Habana Center, in this city, needed the different tasks that had to execute each one of Ios members of the group in the accomplishment of the kidnapping projected, determining itself in such sense, that in principle, in order to manage to count with the greater possible amount of fuel for the motor of the boat each one it would load in knapsacks all Ios possible bottles that nonIlamaran the attention; that putting under and process maintaining under fleeting control to Ios be the responsibility of Ios HAROLD ALCALA ARAMBURO, JORGE LUIS MARTINEZ ISAAC and YOANNY THOMAS GONZALEZ, for which knives, analogous striker pins and instruments would be used, fleeting who would be used like hostages to protect itself as well of the possible actions that were even undertaken by the Cuban authorities and in case of hardships of negotiating with these; that the supplying of the fuel to the motor of the boat during the passage would be responsibility of Ios incriminados WILMER LEDEA PEREZ and MAIKEL DELGADO ARAMBURO; whereas, Ios accused LORENZO ENRIQUE, COPELLO CASTLE and BARBARO LEODAN SEVILLE GARCIA, would put under the crew having forced to them to turn aside themselves of their route and to take rumba made the coasts of the Peninsula from Florida;
Thus things, when to do of knowledge public that in times of the night deI day thirty and one of March of two thousand three, that had taken place an attempt of kidnapping of an airplane Cubaano An-24 that covered flight between Nueva Gerona, Island of Juventud and Havana, which was at those moments in the international Airport "Jose Marti '" of City of Havana, on the part of a subject that apparently was armed with two grenades and threatened inside flying the ship with all its passengers if IE did not facilitate the power to fly to the States United, reason why era of supposing logically that the authorities would be bottled in the solution of a problem of similar spread, the referred accused decided to take advantage of those circumstances and to execute the plan that previously had decided. He is for that reason, which in the first hours of the dawn of day two of April of two thousands the three, the referred defendant, in small groups for nonIlamar the attention and Ilevando each one with himself a knapsack in which they loaded plastic bottles containing petroleum, as well as the instruments I perforate sharp that they required according to the planned thing, approached in the Wharf of Light, situated in the Avenue of the Port and the street of equal name, in the Old municipality of Havana, in this capital, the named boat "Baragua", pertaining to the Basic Unit "Boat of Rule" and that offered the service of marine transportation before indicated, which was manned even the citizen Jose Hemeregildo Rodriguez Sardines as its pattern and the citizen Rodolfo Borges Rodriguez like helmsman.
In that occasion, mentioned boat took it total of nine passengers in addition to defendant, between that several women, old counted themselves, and the son of a defendant who of that voluntary and reckless form risked it in so large adventure, and four foreign tourists, two French and two Swedish.
Minutes after the boat weighed anchor of the wharf at issue, the accused LORENZO ENRIQUE COPELLO CASTLE, of unexpected and abrupt way extracted the pistol marks "Star", that during the referred meeting that was made in its house, IE also gave to the defendant JORGE LUIS MARTINEZ ISAAC with the corresponding capsules, and while of crude and threatening way it talked about the people which they traveled to that hour in the boat, hacíendo to know to them that that was a kidnapping of the boat with the intention to leave the country illicitly, afectuó a fire upwards in order to corroborate the certainty of its threats. On a par from that, the rest of the integral men of the group who conform the processings also removed from between their clothes the arms and instruments that Ilevaban and brandishing them against the passengers, forced to them to group themselves towards the boat bottom. Put under fleeting, then Ios incriminados the LORENZO ENRIQUE COPELLO CASTLE and BARBARO LEODAN SEVILLE GARCIA left to the outside of the ship and after reaching the Ilegaron ceiling by the same one to the cabin of the helmsman and the pattern, where the defendant LORENZO ENRIQUE COPELLO CASTLE, through window IE placed the firearm that carried in the head insisting to him to obey to him, while the other codefendant managed to penetrate and intimidated with a sharp instrument that IE had put in the abdomen the helmsman, seeing itself forced both sailors to accede, before the danger to be injured and to even lose his lives, to the orders of their detectors and to direct the boat sallied of the bay and later to enter themselves in the sea with North course, in spite of the inclemencies of the time that caused that the wings took force from four according to the existing scale to the effect and that they increased the risks of a shipwreck for a flat boat like that, designed solely for the transportation in calm waters of the interior of the bay, with the consequent danger that it involved for the lives of all Ios which they traveled in the same one.
On the other hand, to the detected being the exit of the boat by the services of monitoring of the Troops Border post two units of surface began to give pursuit him to the boat kidnapped with the purpose of offering aid in case of a disaster, while they made know the kidnappers of the extreme risks that his tried passage involved before the deficiency of the necessary requirements of the ship and the bad conditions of the sea.
Before the persuasivas actions of the measured ones, specifically the defendant LORENZO ENRIQUE COPELLO CASTLE and BARBARO LEODAN SEVILLE GARCIA, answered of challenging form making hints in attempting against the captured passengers, if some action were executed to approach the boat; that the defendant Yolanda Curly Pando, Ana Rosa Ledea Rios and Rojas Góngora, took part in the facts simulating hostages from the other defendant.
In the señsefialadas conditions, the boat of passengers "Baragua '" stayed sailing until the twelve meridian of the own day, until the fuel to the processings was exhausted to them, being to pairo the ship to a distance of around twenty-two miles to the north of the Port of the Mariel approximately, in the one of the provincial one of Havana. Before the created situation, then the defendant LORENZO ENRIQUE COPELLO CASTLE contacted by means of the radio of the boat with the cash of the Troops Border post demanding to them petroleum to reach the destiny projected by the accused ones, threatening, case that were not satisfied their demands with beginning to send for the water to the hostages. Nevertheless, finally an understanding between the military and the kidnappers, given was obtained the objective conditions of the time that did not make navigation possible of the average employee, so that the same one outside towed until the near Port of the Mariel by a tugboat, whose service meant a cost for the Company of Caribbean, ascending Navigation to the sum of thousand sixty and three dollars and twenty céntimos ($ 1003,20).
Already in the Port of the Mariel, before the exigencies of the detectors, the boat "Baragua '" was moored by an end to a distance of several meters of the border, before the fear of being object of some action directed to the rescue of 105 hostages on the part of the authorities.
During several hours, the boat stayed cast anchor there, while an interchange between the kidnappers and the civil employees of the Troops was provoked border posts which were clarified by the intention of the measured ones to cause medical aid, foods and water to the people who remained retained and the constant exigencies to him of the defendant always directed to the obtaining of the fuel necessary to continue the trip which they had been forced to interrupt for the exposed reasons, pressing in such sense whereupon they would attempt essentially against the life of the passengers if their demands were not satisfied, against the foreign tourists, wings as Ilevaron until the cabin of the boat in order that also they served to them as protection with its bodies.
In a while in which the negotiations between the Ilegaron parts to a stagnation, this motivated, that the detectors became in end irritables and aggressive, being created for that reason an extremely tense climate, the accused LORENZO ENRIQUE COPELLO CASTILLO Ilegó to place the firearm to him that carried in the head the French tourist named Sonia Arbib, threatening completing it of not being qualified with fuel the boat. Nevertheless the persuasion of the own authorities managed to save the delicate situation momentarily.
On the other hand the French tourists knowing the imminent danger that they ran, to communicate among them using for it its language which was stranger for its detectors, Ilegando to put itself in agreement to send itself to the sea. Consequently, one of them, the named Sonia Arbib, began to pretend that it felt very badly and that requeria to take air, obtaining of that way that the defendant ENRIQUE COPELLO CASTLE IE authorized to approach the boat with the pretext to lie down water in the face. Thus it could be noticed of the presence immediate to the boat of a diver that comprised of a team of submarine specialists that got ready already to undertake a rescue operation that was prepared by the Cuban authorities, and in addition, by means of discreet signs, it could also communicate with one of integral Ios agents of the rural police station who had been located in the border hacíendo to know to him of his intention; reason why when receiving an affirmative answer on the part of this one, of fast way was sent to the sea. This action of the tourist surprised the kidnappers and to grief that accused BARBARO LEODAN SEVILLE GARCIA sent after whom it fled, the confusion state that took place determined that the other tourist as much as the rest of the kidnapped ones took advantage of the same one to also throw itself to the sea. Own AI time that the citizen Julio Caesar Olive Sanchez, official of the Department of the Interior that formed part of the passengers rushed against the defendant LORENZO ENRIQUE COPELLO CASTLE doing to him to fall to the water, on a par that pistol IE fell of flows it.
Next, the intervention as much of the divers took place of immediate form to aid to which they were in the water, like of the crew of a speedboat that had stayed in the zone, as well as the rest of the outstanding agents in the place next to the kidnapped boat. In such a way that it was obtained the capture of the kidnappers and the rescue of the passengers of the boat.
As far as the conduct of the processings, it was demonstrated the following thing:
LORENZO ENRIQUE COPELLO CASTLE, executorily has been sanctioned in the Cause number three hundred sixty and four of year thousands nine hundred ninety and four, of the radicación of the Popular Municipal Court of Habana Center, by the crime of Swindle to two hundred quotas of a weight; and in the cause number one hundred eleven of year thousands nine hundred ninety and five of the radicación of the Popular Municipal Court of Habana Center, by a crime of Swindle to a year of freedom deprivation. It maintained prior to these facts a terrible social conduct, to such effects IE a total of twenty-nine official warnings by siege to tourism and one by illicit economic activity consist.
BARBARO LEODAN SEVILLE GARCIA, executorily has been sanctioned in the Cause number sixty and seven of thousands nine hundred ninety and eight of the radicación of the Popular Provincial Court of the Tunas by the crime of Violation from Address to two years of freedom deprivation and, maintained prior to these facts a terrible social conduct previous to the facts.
JORGE LUIS MARTINEZ ISAAC, executorily has been sanctioned in four and ninety Causes two hundred eight thousands nine hundred of the radicación of the Popular Municipal Court of Melena of the South by the Imprisoned crime of Evasion to six months of freedom deprivation; and in the cause number nine hundred twenty of two the thousands one of the radicación of the Municipal Court of Havana Old to a fine of three hundred quotas of two pesos each one by the crime of threats and, mantenia prior to these facts bad conducts social.
RESUL TANDO: That the conviction to that arrived this Court of appeals with respect to Ios done judged, this determining by the valuation that was made sóbre the probatory material that was shown in celebrated the oral and public Vista, which, that is to say, is the following one:
RESUL TANDO: That the conviction to that arrived this Court of appeals with respect to Ios done judged, is determined by the valuation that is made on the probatory material that was shown in celebrated the oral and public Vista, which, that is to say, is the following one:
They valued themselves in first order, the declarations of defendant now recurrent ORENZO ENRIQUE COPELLO CASTLE, BARBARO LEODAN SEVILLE GARCIA, JORGE LUIS MARTINEZ ISAAC, whom although offered a version in which he diminished the recklessness and danger of his actions, simplifying them to the only intention to leave the country, the certain thing is that in the substantial thing they recognized his intervention in the fact as maintains itself in the imputation of the Public prosecutor, as much in the main question as in the collateral actions, making to the effect an ample recognition of his individual participation in the judged facts, expressing itself of free and coherent way, in whose sense he is possible also to aim, which the encartados ones responded with amplitude to each one of the questions that IE were formulated by the parts, despite to be imposed of the right that attended to them to abstain to declare, or of not responding to anyone of the raised questions, contributing in that sense data of vital importance for the conformation of the historical sequence of the facts, been account that in them includes preparatory acts conceived, only the judged ones could offer details essential to give to coherence to the event from their planning and later agreement. Despite it is possible to make a reservation with relation to the last one of the mentioned accused, who denied the salary be the person who provided the firearm used in the kidnapping. In general sense the correspondence that is appraised between the manifestations of these, with the examined rest of the probatory material, to which next we will make reference, made possible consequently, to appreciate these manifestations as a useful probatory material because they acquire sufficient potentiality, according to the requirements of article one of the law of Penal Procedure.
Also they were examined and valued by juzgadora Sala Ios obrantes documents to fojas seventy, one hundred ten and one hundred fifty and nine of the summary in which they build the certifications of impugnantes criminal records of Ios; fototablas ilustrativas of the type of boat that process treated and the combat characteristicses of a weapon occupied to Ios, in agreement is appraised to folios two hundred twenty-five and two hundred eighty and five of the sumarial roll. Also, a taken filmic video was appreciated as valid you lie provoked Ios done on the part of the police authorities and that was admitted by Ios accused and eyewitnesses like verídico, which I offer an ample vision on the done occurrence of Ios. In the same way they were had since valid been account which existing requirements adjusted on the matter to Ios legal, the following certifications: on the weather conditions at the moment in which they provoked Ios events and the terrible conditions that existed; for navigation (foja two hundred sixty of the file); on the marine characteristics of the boat, which made it unsuitable for the tried passage (fojas two hundred seventy and two hundred seventy and two); report on Ios expenses which the service of transportation of passengers in boats incurred); on the cost that meant the use of the towing Titan in the tow of the boat (foja two hundred sixty and eight).
On the other hand, the depositions of the witnesses are not either controversiales, and since most of them the boat traveled in, as much in condition of passengers as the own crew of this one and who therefore they were directly tie to the justiciables facts, as is logical to suppose, its declarations were developed in the direct perceptions of its authors who of that form used them like knowledge source, safe in some differences in irrelevant or intrascendentes aspects, which explain by themselves, given the different angles from which everyone saw or lived the events, the certain thing is that they agreed totally to each other and with the exposed thing by the accused ones. Manifestations that beside the point, seen the form in that the same ones emanated in the plenary one, with total espontaneidad, precision, security and objectivity are welcomed like certain on the part of the Room, considering that such veracity the most rigorous analysis resists than on the base of the principles dela logical and the reason can be put under. Of between such exhibitions they excel by his quality made by the witnesses the Isabel Hernandez Ramirez and Julio Caesar Olive Sanchez.
Also it was appreciated and valued like positive by the Room, the exhibition of the instructor of the Department of the Security of the State, Jose Enrique Castro Valdés, who of coherent and meticulous way exposed the investigativas diligences that were made in order to obtain the verification of the saying of the defendant, as well as to the elucidation of the acontecimieritos; everything which IE provided to the investigator the capacity to be able to arrive wings conclusions that exposed before the plenary one and which vital importance and relevance for integration are from and understanding everything of the incriminatory material that was obtained like result of the work of the team of investigators to its control.
Also, the Room valued the made expert opinions with respect to the determination of the technical state of the firearm and the accreditation of the same one had been shot (folios two hundred seventy and nine and two hundred eighty and three; as well as the determination that the sockets occupied in the boat had been originating of projectiles shot by the weapon found in the phono of the Bay of the Mariel (foja two hundred eighty and nine), by virtue of which I am credited by that probatory route of the effective use of the motto lehacientemente that took one of the kidnappers.
With particular interest the profeticados siquiátricos-forenses opinions to the impugnantes were examined, which build to fojas fifty and six, one hundred six and one hundred fifty and two, respectively of the file of preparatory phase. Being appraised that in them, who the experts fulfilled the regulation laid downs in the manual of this type of probatory activity, and by virtue of which, the Court of Appeal widely was illustrated on all the ends of the made study these defendant, and of which those that concludes that the given an expert opinion on ones do not present/display mental upheavals, are not alienated and in their habitual state, as well as at the moment in which the judged facts were provoked, they presented/displayed total capacity to include/understand the reach of his actions and to direct his conduct.
The appreciation of set of all the analyzed elements of probanza, makes conclude indubitadamente that the facts submissive juzgamiento in this opportunity, have been proven in them form that are exposed in the present resolution.
BEING: That the Room of the Crimes against the Security of the State of the Popular Provincial Court of City of Havana described the facts that declared proven as far as the recurrent ones, like constituents of the crimes of ACTS OF TERRORISM and CARRYING and ILLEGAL POSSESSION OF ARMS and EXPLOSIVES, anticipated and sanctioned respectively in articles ten, eleven interjection c), fourteen section one and dieciseis separated one, interjections a) and b) of the Law Against Acts of Terrorism, and article two hundred eleven of the Penal Code, respectively. Being appraised in addition, the concurrence of anticipated aggravating circumstances of the penal responsabi/idad in I articulate fifty and three, interjections a), c), d), f) and or) of the Penal Code; and it imposed to the recurrent ones, in addition to the accessories of the case and the corresponding civil responsibilities, the following main sanctions: LORENZO ENRIQUE COPELLO CASTLE, like author of a crime of TERRORISM ACTS capital punishment by execution; BARBARO LEODAN SEVILLE GARCIA, like author of a crime of TERRORISM ACTS capital punishment by execution; JORGE LUIS MARTINEZ ISAAC, like author of a crime of TERRORISM ACTS capital punishment by execution; MAIKEL DELGADO ARAMBURO, like author of a crime of ACTS OF TERRORISM to Perpetual Deprivation of Freedom; YOANNY THOMAS GONZALEZ, like author of a crime of ACTS OF TERRORISM to Perpetual Deprivation of Freedom; HAROLD ALCALA ARAMBURO, like author of a crime of ACTS OF TERRORISM to Perpetual Deprivation of Freedom, RAMON HENRY CRICKET, like author of a crime of ACTS OF TERRORISM to Perpetual Deprivation of Freedom; WILMER LEDEA PEREZ, like author of a crime of ACTS OF TERRORISM to Thirty Years of Deprivation of Freedom; CURLY BULGING YOLANDA, like author of a crime of ACTS OF TERRORISM to Three Years of Deprivation of Freedom; ANA ROSA LEDEA RIOS, like author of a crime of ACTS OF TERRORISM to Five Years of freedom deprivation;
DANIA ROJAS GONGORA, like author of a crime of TERRORISM ACTS Two Years of freedom deprivation.
BEING : That the impugnantes sustain their respective Resources of Appeal in which the sanctions of capital punishment that has imposed to them in the sentence which they fight are excessively severe.
BEING : That the resource of abrogation by form breaking settles down to the shelter of the ordinal Quarter of article seventy of the Law of Penal Procedure.
BEING: That the resources of abrogation by law infraction settle down the ordinal ones under protection of First, Third and Sixth of article sixty and nine of the Law of Penal Procedure.
BEING: That the recurrent ones that established abrogation resources they did not ask for the Vista celebration.
BEING PONENTE JUDGE LIC. PEDRO To PEREZ PEREZ.
CONSIDERING: That reviewed the judicial performances of the cause and having itself fulfilled the procedural proceedings and requirements, established in the Law of Penal Procedure, the resources of appeal and abrogation are admitted simultaneously interposed by the defendant and, the celebration is not had Vista in fulfillment of the established thing in articles seventy and four and seventy and five of the expressed procedural norm.
CONSIDERING: That by virtue of Ios done that has been considered proven in the present resolution, Ios accused LORENZO ENRIQUE COPELLO CASTLE, BARBARO LEODAN SEVILLE GARCIA and JORGE LUIS MARTINEZ ISAAC, they are authors by execution, respectively, of Ios acts of terrorism anticipated in Ios articles ten, eleven, fourteen section one and sixteen section one interjection a) of the law against terrorism acts; been serious account that comisores sayings in possession of a weapon and instruments that could cause the death or injuries to other people, they seized of means of marine transportation using itself the intimidation who obtained in Ios fleeting crew and Ios of the same one and took to these like hostages.
CONSIDERING: That evidently impugnatoria lacks potentiality, the denunciation that makes Ios postulantes: MAIKEL DELGADO ARAMBURO, HAROLD ALCALA ARAMBURO, RAMON HENRY CRICKET, BULGING YOLANDA, ANA ROSA LEDEA RIOS and DANIA ROJAS GÓNGORA with base in the ordinal Quarter of article seventy of the law of Penal Procedure, on the assumption procedural vice of the dark in the syndicated sentence, inasmuch as, in first order, the factual story of this resolution is contentivo of all Ios elements necessary to be able to form a suitable judged judgment legal-penitentiary on and, because in addition, its exhibition has been made with, precision, coherence and clarity required to make possible its exact understanding; and in second order, because the recurrent one founds its allegations, in contradictions that in their criterion arise of the valuation that of Ios probatory elements the Room of instance makes, question this one that lacks causes legal in the alleged reason and any other inasmuch as in our model to judge it governs the principle of the free appreciation of the test and, because in addition, such valuations took control of total respect to the general laws of the logic and the reason, so as it is appraised of the motivations exposed in such sense in the analyzed resolution.
CONSIDERING: That demonstrating itself totally in the story of facts declared proven in the syndicated sentence, all the elements, subjective as as much objective, required for the integration of the crimes acertadamente described by the Room of instance and without beside the point, such illicit ones are just or their authors lack culpability by the concurrence of of the criminal responsibility some eximente, or later circumstances prevent to sanction them, is unquestionable that such facts have penal potentiality and consequently they must be repressed judicially; therefore, the reason for abrogation alleged by the impugnantes: CURLY BULGING YOLANDA, ANA ROSA LEDEA RIOS and DANIA ROJAS GÓNGORA to the shelter of the ordinal one First of article sixty and nine of the one of the Law of penal procedure, must be misestimated.
CONSIDERING: That they commit the crime of Terrorism of Ios articles ten, eleven interjection (c), fourteen section one and sixteen section one interjections (a) and (d) of the Law Number Ninety and Three of the twenty-four of December of two thousands the one, Law against acts of Terrorism; who plot themselves acting like members of an organized group and Navies of knives of several sizes and of a pistol with two shippers, with projectiles in optimal conditions, approach a boat dedicated to the transportation of passengers and when they were in his interior, surprise they take people from hostages, as well as to the crew and by means of the threat of death who IE would proferían with the arms that used and with firings that carried out, they seize of the mentioned marine transport and conminan to his crew to that rumba went North, since its objective era to emigrate illegally made the empire, that protected in a killer law that maintains effective, Ios it protects in order to attack to our country, being created instability and putting in risk the national security; it is evident that the illicit penitentiary committed by Ios accused MAIKEL DELGADO ARAMBURO, HAROLD ALCALA ARAMBURO, RAMON HENRY CRICKET, CURLY BULGING YOLANDA, ANA ROSA LEDEA RIOS, DANIA ROJAS GÓNGORA, acertadamente was described by the Room of instance and in such sense, the reason for bottom that they protect in the causal one third must be rejected.
CONSIDERED: That the penal sanction in our positive ordering, must be the result of a graduation process, in which nonprime only the purpose of repressing by the committed crime, but also the one of reeducar to the sanctionado one in the principles of honest attitude towards the work, strict fulfillment of the laws and respect to the norms of the socialist coexistence and must be divided of the suitable proportionality of the judged facts its circumstances and the social danger of each defendant, as well as to prevent the commission with new criminal facts, the aim of special prevention, that also has an individual character and that consists of giving him opportunity more to the encausado one, so that it includes/understands that way of the adopted crime is not the correct one. But the principle of general prevention exists that consists of which the Court of the judgment has the obligation to repress the committed crime, so that it is not unpunished and to cause with the sanction graduated within the limits established in the law for the judged crime, considering the degree of social danger of each fact, the circumstances concurrent in same, extenuating as the as much aggravating ones, the moving bodies, their criminal records, in case of having them, its behavior after the execution of crime and its possibilities of amendment, that other individuals with personal characteristic similars cut of curdle such unhealthy intentions.
Danger social of facts judged is in category Maxima, since defendant, with his to act put in danger life of citizens Cuban and tourists foreign, that traveled pacifically according to freedom political and social existing in our country allows it and they put them on the brink of madness death, which it is not first time that happens cases like, by that type to act to blindly follow the Ilamados of the imperial monster; it is necessary to repress these facts, suitably to not only eliminate of the society a group of individuals, that living to the margin on her, have not only let themselves drag by that odioso Ilamado, but which they have dragged with himself in such adventure to relatives, even until a a minor one, reason why that type of adventure must be eradicated and for that, is necessary to ratify the sanctions of Deprivation of Perpetual Freedom that the Court of instance to the defendant imposed: Yoanny Thomas González, Maikel Delgado Aramburu, Harold Alcala Aramburu and Ramon Henry Cricket; the one of Thirty Years of Deprivation of Freedom for Wilmer Ledea Perez, taking care of the graduation principles dela pain that this Court fulfilled suitably; also they are right and suitable in right the sanctions fixed to the defendant Dania Rojas Góngora, Bulging Yofanda Rizo and Ana Rosa Ledea Ri'os, without it comes to replace it nor to adapt it to one of smaller rigor, reason why must misestimate all the resources of bottom that protect the defendant in the ordinal one sixth.
Seen the atinentes legal dispositions, IN NAME Of the TOWN OF CUBA;
WE FAILED: That we must declare and we declared WITHOUT PLACE the resources of appeal established by the defendant LORENZO ENRIQUE COPELLO, BARBARO LEODAN SEVILLE GARCIA and JORGE LUIS MARTINEZ
Consequently. WE FAILED: We sanctioned to the defendant LORENZO ENRIQUE COPELLO CASTLE, BARBARO LEODAN SEVILLE GARCIA and MARTINEZ ISAAC. Like authors of Acts of Terrorism to the SANCTION OF DEATH BY EXECUTION.
Not to have Place to the resources of abrogation by form breaking and infraction of Law, established by the defendant: MAIKEL DELGADO ARAMBURO, YOANNY THOMAS GONZALEZ, HAROLD ALCALA ARAMBURO, RAMON HENRY CRICKET, WILBER LEDEA PEREZ, CURLY BULGING YOLANDA, ANA ROSA LEDEA RIOS And DANIA ROJAS GONGORA.
NOTIFIQUESE THIS SENTENCE, WITH COPY REMISSION To TO The TWO PLACES THAT COME.
ASI BY THIS OUR SENTENCE, WE SENT IT, WE PRONOUNCED And WE SIGNED.