Havana #4
English (machine translated) | Spanish
POPULAR PROVINCIAL COURT
CITY OF HAVANA
ROOM SECOND OF THE PENITENTIARY IN FUNCTION
OF THE ROOM OF THE CRIMES AGAINST THE SECURITY OF THE STATE
THOUSANDS THE THREE SENTENCE I NUMBER FOUR OF TWO
PRESIDENT
THOMAS FERNANDEZ MALVAREZ
JUDGES
RAMON ANTONIO PEREZ HORTA
IVAN HECHEVERIA MORENO
ARAMIS WHITE CASTLE
PELAGIO CORINA THEM STREETS
RICADO SEVERINO GONZALEZ ALONSO, son of Antonio Ricardo and Graciela of fifty and three years of age, natural of City of Havana, married, vacated and neighboring of six street eighty and number seven hundred nineteen between Seventh and Ninth one. Beach You take care of of Havana and defended by designated lawyer Lic. Maximum Averohff Bolaños and in provisional prison by this cause.
RAUL RAMON RIVERO CASTEÑEDA, son of Eusebio and Hortensia, fifty and seven years of age, natural of You take care of of Havana, married, vacated and neighboring of Peñalver number four hundred sixty and six between Franco and Oquendo, Hill, City of Havana, defended by designated lawyer Lic. Averhoff maximum Bolaños and in provisional prison by this Cause.
Acting like Public prosecutor the Lic. Miguel Angel Moreno Carpio.
Being Ponente Judge Lic. Ramon Antonio Perez Horta.
FIRST BEING Proven that the defendant RICARDO SEVERINO GONZALEZ ALFONSO and RAUL RAMON RIVERO CHESTNUT GROVE, both inconformes of the Cuban revolutionary process conceived the intention to conduct directed battles to destabilize and to discredit the good march of the Cuban revolutionary system, its institutions and leaders and is so as of year thousands nine hundred ninety car-were titled independent journalists with the purpose of agglutinating to contrarrevolucionarios to operate to the service of the United government of the State of North America and once taken the first steps, in year thousands nine hundred ninety and five, together they created the "CUBA PRESS" which grouped to several of these contrarrevolucionarios elements and whose director is defendant RIVERO CHESTNUT GROVE and by means of which the false news spread on the present situation in our government, in fulfillment with the indications received by the North American government, similarly, both defendant created the thirty of May of two the thousands, the Society of Independent Journalists "MANUEL MARQUEZ STERING" from whom the magazine "OF CUBA" arose, being director GONZALEZ ALFONSO by means of who they provided to information to the government of the United States by means of his delivery in the office of Interests of the United States in Cuba in that own year the defendant GONZALEZ ALFONSO created in his address the library that called "Independent" with great amount of books of subversive cut received in its great majority by contribution of the Section of Interests of the United States in Cuidad of Havana, participating in addition in meetings with the female leader to the section of Interests of the United States in Cuba, Vicky Huddleson and the Second Secretary of Culture and Press, Miriam Mackay in who received indications of the form in which she had to act and that type of information had to provide in two thousands the two makes contact with the enemy with a page Web in denominated Internet CUBANET which is made for the contrarrevolucionarios document publication of the car-titled Independent Press of Cuba page in the month of April of two the thousands in which it managed to introduce several articles with tergiversadoras information of the reality of the Cuban town, also collaborated like informant in the North American newspaper "the New Herald" receiving by its collaboration a payment of three hundred dollars monthly by its aggressive and false publications against the Cuban government, tied with the Cuban Foundation American been terrorist organization in Miami, the United States: receiving from one of its founders named Joe Garci'a, connotado contrarrevolucionario letter of congratulation by its work against Cuba also I write east type of information for the Hispanic Foundation Cuban been American in Spain receiving of its president of Cuban origin, Orlando Fondevita extreme of money, has managed to introduce its subversive articles of cut and deceptive towards the Cuban system in different newspapers and magazines like they are Encounter in the Network and Reporter without Border among others, from which it received sum of money by its articles, money with which managed to repair its plastic house to which it placed carpets, conditioned air and thirty chairs receiving in its address great amount of people of its same characteristics and the Section of Interests of the United States in Cuba that gave to their instructions and strategies to destroy to the effective Cuban System. I visit in fourteen occasions the Section of Interests of the United States in Cuba maintaining contacts with its present head James Cason and the Second Secretary of Culture and Press Nicholas Giacobbe, where she offered to the deceptions that she interested to him to the government of the United States in relation to political, social and economic situation of Cuba for the accomplishment of hostile acts towards our country, receiving in these visits to the mentioned Section of Interests of the United States in Cuba great amount of equipment as they are computers, telephones, maquinas to write, camcorders, printers, radio, et cetera, being occupied him to it in registry carried out in his address, a fax with telephone, contestadora and memory mark Panasonic, a mini recorder, a radius TECSUN, a radius marks digital GRUNDIG, special to receive short wave, a camcorder, two computers, of them of computer several compact discs video and and a printer, a digital camera, a Scanner, a Laptop casetes audio, two mini-casetes with recordings of interviews made by of character the equally destabilizing ones sent to Martí Radio and great amount of books used pamphlets and other articles in the mentioned activity.
That defendant RIVERO CATAÑEDA in addition to the facts already described as of year two thousands began to provide to information in the page Web. Encounter in the Network pertaining to the Society the International of destabilizing Press everything of character of the Cuban State, performance as correspondent on salary of the French Agency of Press of subversive cut Reporters without Borders made subversive publications for the magazine Encounter in the Network, receiving money by its collaboration, in addition offered live declarations for the anti-Cuban radio Martí Radio Been in emitting Miami this terrorist, information that always with negative writings on the Cuban reality similarly sent to publications to ringleaders of contrarrevolucionarias organizations between which are Juan Grandos and Frank Trousers, this last agent of the Power station of Intelligence of the United States and one of the founders of the Cuban foundation American that outside the person who financed her book "PINTO EYE". She maintained several encounter with civil employees of the Section of Interests of the United States of America in Cuba and other people in the address of also the defendant GONZALEZ ALFONSO, she has visited the referred Section of Interests in five occasions where she has taken his subversive and destabilizing Literature of the Cuban government and has received information on the form in that she must operate, maintained encounter with the Secretary of the Section of Interests of the United States of America in Cuba. Vicky Huddelson and with the present Secretary James Cason and was occupied him in registry made in their address a Sony radius, an engraver, a digital shipper of batteries, a maquina to write, a Laptop computer, an adapter of camcorder, several cassettes of audio and video containing great amount of information destined to subvertir the system Economic, political and social Cuban between which they find great amount of articles sent to Martí Radio, as well as great amount of books and other articles used in his to act against the Cuban Government, much of them provided by the United States.
That it has been possible to as much demonstrate in addition that to the defendant GONZALEZ ALFONSO as RIVERO CHESTNUT GROVE, received originating sums of money of the North American government by different in Cuba and that Cuba Press, the Society of Independent Journalists "Manuel Márquez Sterling and the Magazine" Of Cuba ", operated of illegal form in the country, in which they collaborated with their insidiosos and subversive writings.
That the defendant PAUL RAMON RIVERO CHESTNUT GROVE, unemployed person, college student, meets with antisocial, pronounces itself against the revolutionary, provoking, irrespetuoso process the norms of social coexistence and lacks criminal records, but if warned by Agents of the authorities given its badly conduct.
SECOND RESULT: That to form conviction of the facts that occur by proven in the preceding result, the Court appreciated the tests practiced in the act of the oral judgment, in which by means of the witnesses which they appeared in number of six they referred to be neighboring of the defendant, those that alleged to have seen in several occasions visit the addresses of these cars with diplomatic plate and many people Cuban as as much foreign that they remained inside the buildings of such even sometimes in number of fifteen and twenty people which does not leave to doubt some that in these addresses they met, even saw them receive packages, briefcases and exceed in several occasions taken by cars of plate diplomatic to determine that the work of the defendant was destines to the destabilization of the Cuban State on the part of the United States, appreciated great amount of magazines, written and Literature subversive totally opposite to reality of town Cuban, which was spread to world by different means and through Section of Intereses of the United States in Cuba, that consists occupied and in the same ones the great amount of articles sent by both is appraised articles of these defendant and to badly called Martí Radio, whose authors are the defendant, to determine the bond of same with the United States and the counterrevolution abroad esteem certifications that confirm the entrance of the defendant to the Section of Interests of the United States in Cuba, where it appears that they visited it in but of five occasions and determining I tie of the defendant GONZALEZ ALFONSO with the American Cuban Foundation is appraised letter directed by Joe Garci'a to the groups of human rights in Cuba and that he was to him occupied this defendant, being Joe Garci'a the Director from the referred Foundation, is appraised in addition certifications on foods, medicine and money received by the defendant from the foreigner to determine the social conduct of the defendant was appraised report of conduct, certification of criminal records and acts of warning, being appraised in addition the rest to documentary the proposals by the parts, misestimating contributed by the office of the public prosecutor in the act of the consisting of oral judgment listings of people with entrance and the exit of the national territory certification of banking accounts not to contribute to element some to the process. Esteem also the report given by the Police Instructor which was in enlightening end, giving up by the parts to the rest of the proposed witnesses.
THIRD BEING: That the Fiscal Ministry elevated to definitive its provisional conclusions that they build to fojas one of the roll.
QUARTER BEING: That the defense also elevated to definitive its provisional conclusions that thirty and five of the roll build to fojas.
FIRST CONSIDERED: That the facts which they are declared proven constitute an intentional crime and consomme' of Acts Against the Independence or the Territorial Integrity of the State, anticipated and sanctioned in article ninety and one of the Penal Code, since, in agreement appears of such, these integrate, because the defendant created associations and totally illegal subversive magazines of cut in Cuba in which they published writings with false data on the political and social economic situation of our country, those that were provided to the United States from America to request of this by means of the Section of Interests of the United States of America in Cuba, to be used by this in its actions against our town in the international plane in damage of our independence and integrity of the Cuban territory, receiving in return money and means for the work, which managed to introduce in newspapers and international magazines.
SECOND CONSIDERING: That the mentioned defendant are responsible penal for the referred crime for authors, by them to have made by themselves, according to the article eighteen one and two, interjection a) of the Penal Code.
THIRD CONSIDERING: That in the commission of the crime if the aggravating circumstances of the article concur fifty and three interjections a), b), c), e), n) and or) of the Penal Code, that alleged the Fiscal Ministry, because it is certain that in the facts, was member of an organized affluent group and defined, as much inside as outside the country, it was committed with the purpose of increasing, each one of them, his personal patrimony, caused serious consequences publishing the false news and facts about the true reality of Cuba and their profits began to commit it from the call special period in thousands nine hundred ninety, were noticed officially by authorities of the order in more than an occasion and is doubtless that, with his to act was acted against goods related to the economic and social development of the country.
CONSIDERED QUARTER: That the criminal responsibility takes with himself the obligation of civil character to compensate the damages and damages produced by the action.
FIFTH CONSIDERED: That to adapt the measurement of the taxable sanction the Court has in whatever the had thing in articles twenty-seven and forty and seven the Penal Code, since the aims of the nonsingle sanction is the one to repress, but also to reinsertar to the defendant in the respect and fulfillment of the laws and other norms of socialist coexistence fixed the sanctions within the frame established by the Law, guiding themselves by the socialist legal conscience fixing the sanctions within the frame established by the Law, guiding itself by the socialist legal conscience and considering the degree of social danger of these facts and the participation of each defendant the concurrent circumstances, the personal moving bodies of them for its commission, antecedents and characteristics, being appraised concretely in this case the social danger of these facts and the moving bodies of the incriminados ones, being this the eagerness of profit and a easy life, wage-earning of the United States of North America that it promotes, organizes, it concretely finances and it directs to these elements through contrarrevolucionarias terrorist organizations who are outside Cuba, the antiCuban Mafia which they are in Miami, Florida, that for more than four decades, has tried to destroy independence to the economy of Cuba, provided average financiers and materials for the development of this activity counterrevolution in the country, grouping itself forthese aims in illegal organizations who are not in favor authorized of the corresponding dependency of the Ministry of Justice, reason why the measurement of the sanction to impose must be suitable to the personal characteristics of each one and the extreme social danger of his to act.
WE FAILED: RICARDO SEVERINO sanctions itself to the defendant GONZALEZ ALFONSO and RAUL RAMON RIVERO CASTEÑEDA like authors of an international crime and consomme' of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE to TWENTY YEARS OF DEPRIVATION OF FREEDOM for each defendant, that will fulfill in a Penitentiary Establishment of the Department of the Interior, with the accessories established in articles thirty and seven sections one and two and forty and three sections one and two of the Penal Code, the deprivation of the right public, consisting of the lost one of the right to the active suffrage, as well as of the right to hold positions of direction in the organs corresponding to the administrative political activity of State, in state economic units and social organizations and of months by I finish of twenty years, having paying itself all along to its fulfillment of halting and paid provisional prison.
Comiso is arranged in addition to the occupied goods to the defendant GONZALEZ consisting of ALFONSO a Fax with telephone and answering machine marks Panasonic, a Panasonic telephone with answering machine and memory, a mini recorder, typewriter a radius TECSUN 970, a digital radius GRUNDIC, a camcorder, two computers, escáner, a camera, a printer as well as the rest of the goods all occupied of fojas six to the seventeen and fojas two hundred sixty and five of the file and comiso in addition to the occupied goods to RIVERO CHESTNUT GROVE, consisting of a radius frame SONY, a recorder, a digital shipper of batteries, a machine to write, a Laptop computer, an adapter of video double bed as well as the rest of the occupied goods build to fojas six hundred eighty and six to fojas six hundred ninety and three.
Notifíquese the present resolution to the parts and remítase copy of this sentence to Penitentiary the Provincial Department of Establishment.
Thus by this, it shows sentence, we pronounced it, we commanded and we signed.