Havana #5
English (machine translated) | Spanish
POPULAR PROVINCIAL COURT
YOU TAKE CARE OF OF HAVANA
ROOM OF THE CRIMES AGAINST THE SECURITY OF THE STATE
THOUSANDS THREE SENTENCE I NUMBER FIVE OF YEAR TWO (5-2003)
PRESIDENT:
Elizabeth Ma. Aragón Fontanals
JUDGES:
Alicia Valle Diaz
Marks V. Salellas Suárez
Virginia Gainza Rodriguez
Julio C. Viaña Galarraga
In City of Havana, to five of April of two thousands the three. Vista in oral, Public and highly summarized judgment. Before the Room of the Crimes Against the Security of the State of the Popular Provincial Court of City of Havana the Cause number fourteen of two thousands the three (14-2003) followed by Crimes Against National Independence and the Economy of Cuba in which they appear like defendant:
JULIO CESAR GÁLVEZ RODRIGUEZ son of Julio and natural Hilda of You take care of of Havana of fifty or eight years of vacated age of unmarried, resident civil state in Frank street, number ten, apartment fifty and three, between Star and Salvador Beyond, Habana Center, You take care of of Havana, defended by designation by the Lawyer Lourdes Azúa Martinez and in provisional prison by this Cause.
EDEL JOSÉGARCIA DIAZ , son of Jose and natural Luisa of City of Havana, fifty and seven years of age, unemployed person, of neighboring married civil state of Bell tower, number two hundred twenty-two, apartment thirty and siete-A, between Concord and Virtues.Habana Center. City of Havana defended by designation by the Lawyer Ovid Source Register and in provisional prison by this Cause.
MANUEL VAZQUEZ VESTIBULE , son of Manuel and Eva, natural of Camaguey, fifty and years of age, unemployed person, of married civil state, neighboring of building nine hundred seventy and nine, apartment fourteen, zone twenty-four Decorative clasp, Habana of the East. City of Havana, defended by designation by the Lawyer Antonio Lorenzo Hernandez and in provisional prison by this Cause.
JORGE OLIVERA CASTLE , higo of marks and Cristina, natural of City of Havana, forty and years, unemployed person, of married civil state, neighboring of Favor, I number two hundred nine, apartment nine, between Habana and Compostela Old Habana City of Havana defended by designation by the Lawyer Antonio Lorenzo Hernandez and in provisional prison by this Cause.
Acting like Public prosecutor the Lawyer Alexis Ramos Nodal.
BEING PONENTE THE JUDGE: LAWYER ALICIA VALLE DIAZ
FIRST BEING: Proven which, putting itself to the service of the hostile policy of the governors of the United States of North America against the revolutionary process in our country, the defendant JORGE OLIVERA CASTLE, JULIO CESAR GÁLVEZ RODRIGUEZ, EDEL JOSÉGARCIA DIAZ and MANUEL VAZQUEZ VESTIBULE, as of year thousands nine hundred ninety and one, in different years, went tying with the foreign Press yellow, mainly been in the State of Florida in the city of Miami, the United States of North America, the car being titled "independent journalists", which carried out exposing their tendientes subversive criteria to discredit the System of Cuban Government. Its Institutions and leaders looking for to destabilize and to destroy from inside to the Cuban Revolution following the aim that the macabre Law "Helms gathers Burton" and to try to cloud the economic relations with the countries friends, as well as integration to different Treaties in the regional and intercontinental order to contribute with the tried economic strangling and to put to our town of knees before the Empire of the North, forgetting that this single town puts itself of knees as said the legendary Commander of the Revolution well. Camilo Cienfuegos, before the tomb of our brothers fallen in the fight, to in vain say to them that the Revolution is done and to its blood not flare.
SECTION A: Proven which the defendant JULIO CESAR GÁLVEZ RODRIGUEZ, who graduated as journalist in the System of Education settled down after the year thousands nine hundred fifty and nine, the one that worked in different radial transmitters, as of year two thousands one, leaves his work in the Radio transmitter City of Havana and car I title "Independent Journalist" to begin consequently to collaborate with articles plagued of insidiosa distortion on some fact of the Cuban reality previous valuation of the defendant on its possible interest and the feasibility of its transmission by foreign transmitters or in reactionary magazines that are dedicated to deal with to seed in the population the uncertainty and distrust on the revolutionary operation of our social system. Thus the things, between the months of September to November of own two thousands the one, make some works for the pagina Web "Free Cuba Press" directed equally from Miami. Transmitting by telephone its articles. At the end of two the thousands one begins to work later for the magazine "Cartas and Cuba" and for "Encounter in the Network", as well as for the magazine "CUBANET"recibiendo by this activity wages between the forty and seventy and five dollars of monthly form or by quarterly payments. Cash that received indifferently through some person whom previously it did not know that venia and paid to him like through cards TRANSCAR. To way of example as far as articles or the news that it emitted and their subversive content all with the same ideological cut are mentioned some of these as they are "economic Problems force to pospone the Festival of Poor Cinema" and between its ideas, we can mention one of these, referred to our government `....no has money for the Festival, of Cinema, but if for the Opened Tribunes of Round Saturdays and Mesas… ", article" Havana that were and no longer is; Dreams, nostalgia and reality ", the one that I accompany by photos corresponding to streets like San Rafael. Lieutenant King, Levee, before thousand nine hundred fifty and nine and angles of these, at the present time. But of facades of buildings deteriorated by the time: in others of these subjects slogan the existence of I exercise of prostitutas in the nights of the streets of maleantes Santiago of Cuba of any species and therefore she alleges the deficiency of security for the citizenship in this context. Ever since the defendant initiated his work as "independent journalist" began to frequent the Office of Interests of the United States of North America in Havana and properly identified like opponent to our Social System, the possibility occurred him of visiting this to use the there existing System of Computers opportunities at which, in addition. I get to contact with different civil employees from this office, as it is the case of Nicholas Gaicobbe. Second Secretary for Subjects of Press and Culture maintaining such interest these civil employees in his work, that in more than an occasion was invited to cocktails, suppers and receptions offered in this seat or the addresses of these civil employees, even, of the Head of own the Office of Interests, activities apparently social, but in which delivery to the blame as other guests was made him as much of means so that they followed his work desformativa, those that really were occupied in occasion of the registry that practiced to him in its address by members of the Security element of the Cuban State and is the case of a computer marks Compaq, series two thousands nine hundred forty, with its accessories and several transforming, a camera Sony mark, series TCM.Four hundred fifty either four VK, three radios of short wave mark TECSUN, employees fundamentally to listen to the transmitters been in the outside, diffusers of the subversive news against the Cuban State, a typewriter, marks Remington, was as well occupied him two tarjeteros with one hundred forty and six and one hundred thirty and six names and other generals, indifferently, of members of grupúsculos, happens of access to the SINA, business cards, among them the one of the Department of State of the United States of programs of Information International and business card of or named Nicholas Giacobbe, and in a telephone agenda data of leaders of Foundation Cuban-American, highly well-known organization by his
Contrarrevolucionarias and terrorist, as well as great amount of publications, written and material activities related to subversive contents elaborated by or provided by foreign publishers to the service of the interests of the United States of North America.
SECTION B: Proven which defendant EDEL JOSE GARCIA DIAZ, graduated in Philology, from the year thousands nine hundred ninety and four I break contact myself with the six and ninety media that carried out in the profile of the culture to declare itself later, thousands nine hundred as "independent journalist" to the service of the interests of the government of the United States of North America writing for badly called "Radio Marti '" and "the New Cuban Press" passing its articles or the news through the telephone line; to half of year two thousands already write; also, for the magazine "Letters of Cuba" in two thousands the one, for the page Web "Free Cuba Press" and as of the month of February of year two thousands three, for the contrarrevolucionario bulletin, made here, "Free Expression of habana Province", receiving money like payment by such work, in a beginning by means of personal deliveries and already later by the service of cards TRANSCAR oscillating the sums between the forty and one hundred dollars American. Between the numbers articles written by Garci'a Diaz, all of identical subversive cut honor for "Radio Marti '", the review of an infantile celebration made in the address of another contrarrevolucionario, court also although in another judicial process, autotitulado like founder of a "Library of Pedagogos Independent" expressing that this celebration tapeworm like object to remember the Day of Kings and the Birth of the boy Jesus. As well as the catholic religion so that they were united and they land on water the Family to the time that it related as in this activity toys to these children acquired with bottoms contributed by Cuban exile were distributed abroad: another one as relative to the commentary on landslide danger of Basic a Secondary School in the street the Health, in Habana Center which they had to attend the students although they were threatened those by that situation and of the obligation that had these to work in the escombreo of this school by professors, circumstances in whom were in danger their lives accompanying this article with a photo by the state of this installation being the certain thing that this school is in repair like so many of the thousands that they were repaired in all the country and that no of the students has access to the repair area and much less they have worked in she by being this work in charge of a company of professionals to the effect; the evacuation of a family by the force with aid of the marked police and with I mistreat físicó of the same one; deceit to the patients in the hospitals of the capital as far as the medical aid that is deficient and with lack of professionalism; as well as the serious danger that per days resident neighbors of Havana underwent Old near the Thermoelectrial "Otto Parellada", more well-known by Tallapiedra due to the escape of toxic substances, supposedly used in the process of obtaining of electrical energy, dice to the lack of maintenance in that organization and deterioration of its equipment, notifies, that like the rest, is totally distorted and false. This defendant, due to its subversive services, tapeworm access to the Office of Interests of the United States to sail by Internet, in order to obtain data related to its activity. Opportunities in which also it could state the existence of his articles in the network, being object, as well, of incitaciones to cocktails and meals in the residence of Mrs. Vicky Hudleston, with which there was to narrow his bonds, those that became Mr. James Cason extensive, when assuming the representation of the Office of Interests. That in his different visits from this seat it had to receive from these civil employees and with Vista to facilitate his reactionary work to him, a recording Aiwa mark a radius marks Sharp, another mark TECSUN R, nine thousands seven hundred one with headsets, a minirecording Panasonic mark, a radius marks to Aiwa model KA nine hundred eighty and nine, headsets, three digital shippers mark Saka, seven casetes of video VHS and ten casetes of audio, with information that tend to subvertir the economic, political and social order, as well as a maquina to write DERWOOD and books provided by the own Office everything what used in its contrarrevolucionarias activities and was to him occupied in occasion of the registry practiced in its address at the time of its halting, as well as agendas of telephones where they appear briefed telephone numbers of this seat and a card of Agency TRANSCAR with number six, zero, one, seven, eight, one, two, one, two, zero, four, one, one, three, three, one, with a balance of thousand six hundred seventy dollars American with three cents.
SECTION C: Proven that the defendant MANUEL VAZQUEL VESTIBULE graduated in philology exerting its activity of journalist from thousands nine hundred seventy and four in the Morón municipality. Camaguey in a bulletin on Literature and working in the weekly magazine "the Bearded Cayman", in thousands nine hundred eighty had to break contact itself with the System of National Press As of year thousands nine hundred ninety and five thousands nine hundred begin to write for "Cuba Press" until the year ninety and seven in which it happens to integrate the Cooperative reactionary "of Independent Journalists" being comprised of his direction, founding at the end of thousands nine hundred ninety and eight a group of journalists of literary cut denominated "Honor" holding the director position until year two thousands two, association that was not gathered like legal by the Ministry of Justice. Also wrote for the Web site WWW.Cubanet.Org been in Miami that dictated its news to him by telephone route, receiving by this work different extreme from money nonsuperior to the one hundred monthly dollars being this the Maxima quarrels fixed by those of the North. In this own stage it began to visit the Office of Interests of the United States in Havana, sharing in suppers, cocktails and receptions that offered the civil employees of the same one receiving from hands a portable radius short wave, these mark TECSUN used in receiving messages of the different transmitters been in the outside between these, badly called Martí Radio a battery shipper so that it could make his work everything what it was to him occupied in registry practiced in his address in the occasion of his halting as well as documents contentivos articles and written of sedititious and aggressive information towards our revolutionary process and a card TRANSCAR with the balance of three thousands fifty and seven dollars American effective originating of his activity subversive and servile example of which is content distorted of totality of his articles between that War finds "Biological" in that form makes in of parodia critic destructive of different campaigns which they have been carried out on the part of our government and the town to fight the different diseases, that of unusual form, have been pronounced in our population alleging in other writings and with absolute irrespeto, among other phrases "… Meat by meat when arising I exercise of the jineteras profuse of the history of the Cuban burdelismo…" "… the robbery it made ally of people and it helped to save "" Alkaseltzer ", to talk about to because Cuba cannot enter the ALCA, alleging reasons other people's to the reality and to the will of the town and Cuban government of not doing it such as that we are a disrepute briefing"… that the obstinate government in maintaining a regime closed to all political change is óbice fundamental and what if is clear it is that the Cuban model has not solved the economic problems of its town "; others like "Tribal Spirit" "… lost Cuba already his esperaza of globalizar to the socialist way, intrenches in positions of frank nationalism to preserve a power that becomes every day more, reactionary.", "War Spell", in which it comments that "… of which Cuba is a heroic country the world this hastiado to listen to it…".
SECTION D: Proven which the defendant JORGE OLIVERA CASTLE that trabajera like publisher until National year thousands nine hundred a ninety and one in the Reporter of Television, having level of average schooling therefore being graduated as university race some did not begin his relations with the groups of subversive ideas related to the press in year thousands nine hundred ninety and one in thousands nine hundred ninety and five gets up itself to work in "Independent Agency Habana Press". Founded by calls been independent journalists on our country. In that, because the direction of the same one was being vacant by definitive exit in its country of its older members, step the defendant to occupy this function when with correspondents and collaborator to make this activity receiving in return monthly wages that in their case ascended to the sum of seventy and five dollars American; for the correspondents, forty dollars and five for the collaborators, by each news who gave, dedicating itself in this deceptive press to treat different subjects of which they called "the Cuban reality". The one that it was firstly a page in Internet and later step to be a magazine published in Miami, collaborating in addition, with the vocinglera and badly called Martí Radio demonstrating itself of his works, the subversive character and tergiversator of the information of the media that practiced expression of it are it articles like "Festejo of the Tribe", in whom literally, to talk about to the patriotic and popular celebration by the constitution of the Committee of Defense of the Revolution, it had to write "… to rise high a rate of caldosa is part of the rite, in which they take the singing voice I illustrate drug dealers, encopetadas jineteras willful thieves informers by own account composition of antagonistic personages, united by the celebration in which few create… ", or that relative one to the lack of security of the Cuban tourism, taking like reference an episode from a street quarrel from recent date, in front of the Quarter of Firemen of Corrals in Havana Old, in which distilling one perfidia visceral, had to narrate, that because in the capital a search against the drug had been done giving the idea that that was serious a social phenomenon, the people with antisocial inclinations, of those who also it gives the idea of a great plague take refuge mainly in the crime in violent facts in order to continue living within the criminal life. Due to his subversive position he was authorized to visit the Office of Interests of the United States of North America in Havana with the purpose of sailing in Internet, attending, in addition, to receptions within this, as to meals in the own residence of then the First Secretary of this seat, Mrs. Vicky Hudleston, sharing with his diplomatic body been in Cuba relations that extended until the arrival of the new secretary, Mr. James Cason, in the month of September of year two thousands two; receiving from the average civil employees of this installation to facilitate his work so it is the case of a camcorder eight, several casetes of audio video and, batteries, a typewriter Olivetti, those that were occupied to him in the house search that practiced to him by the Organ of the Security of the State in occasion of its halting, as well as a business card to name of Daniel Sainz, Head of the Political and Economic Section of the SINA, contrarrevolucionarias press cards and organizations, passports, among them one to their name, comprobantes of transactions made by means of credit cards that protect movements of money in currency and that they credit the receipt on the part of the defendant in form of remittance of the ascending sum to three thousand dollars American through the international Agency Service S.A., great amount of articles and journalistic materials directed to discredit to the Cuban Revolution and their leaders. That all the defendant before tying to the activities before narrated maintained a normal conduct and attitude in their community, leaving to participate in the activities of the organizations of mass of their places of residence from beginning like "independent journalists", not building criminal records to them, at least to the defendant Vazquez Vestibule to that, in spite of being sanctioned in Cause twenty of year thousands nine hundred ninety and two by this own Room based on the Penitentiary by the crime of Violation, to four years of deprivation of freedom subsidized by Work With Internamiento Correctional him work cancelled this antecedent from date twenty-five of November of year thousands nine hundred ninety and nine.
SECOND BEING: That to arrive at the conviction of the facts that considered the room proven esteem the recognition that made all the defendant of their activity, as well as their bonds with the different agencies from the news or magazines before indicated, arguing that what wished and did was a free journalism of censorship or to the service of the truth, facing the danger of the persecution to express these ideas in our country. Despite this Court it gave the fact by proven and like authors of such to the defendant, valuing his to do within this contrarrevolucionaria press directed to weaken the Cuban realities as far as all type of profit obtained from the integrity of principles of the great majority of the Cuban town of its revolutionary values, of the honesty of the state institutions and the cleaning and straight line trajectory of our leaders in the government when extensive valuing the documentary one that accompanies in that texts emitted by the defendant appear, as much by Internet as by telephone route and caught by radio means it listens of the Department of the Interior, as well as the occupation by different units from the mentioned magazines, a document sent from the outside in which the Island of Castro Dictator appears in Project of Principle for Nueva Republica offensive books like the titleholder "", the negative Certification of the Ministry of Justice by which it consists that none of the Societies to which the defendant belonged they found legalized, as well as the pertaining to a witness one contributed in the act of the oral judgment by Andrés Baloy Reyes Correa and Luisa Miriam Alfonso Gutiérrez, neighboring marriage of the defendant Julio Cesar Gálvez whom illustrated to the Court on the circumstances in that they could listen from his address, contiguous to the one of this, badly called Martí Radio tuned in house of this encartado, as well as of the proposal that to him the wife of Gálvez to Alfonso made Gutiérrez of which she accepted one of the portable radii received by the defendant in his visits to the SINA, arriving to identify this witness before the Room this radius like one similar to which they were occupied the defendant to him and they were between the pieces of at sight conviction. Ilustrativos was, in addition, testimonies of citizen Luis Benigono Blond Hernandez, director of Secondary School located in street Health, who talked about to the characteristics of the building that occupies this school, the repair process of which this is object to the safety measures to avoid the access from students to this area and consequently to avoid lamentable accidents and mainly, had to deny categorically that those were used in these constructive workings; the one of Jose Antonio Grant Elipe, director of Thermoelectrial Otto Parellada well-known by Tallapiedra, who nonsingle completely explained by virtue of his experience the process of obtaining of electrical energy other people's to the use of toxic substances, but, in addition, to continuous char those that are made with the neighbors of the place for the sake of trying the compression of these respect to the work of this organization and in order to know their preoccupations, not listening never some that relation with the possible manipulation keeps from toxic products on the part of the Thermoelectrial one what really it is not made, testimonies that, although chosen at random, demonstrate the distorted thing of articles written up by encartados and the other people's ones that are of the true Cuban reality. Exceptional I am the testimony from the citizen Manuel David Moya of the Rosary, "agent Miguel" for the organs of the Security of the Cuban State, that by virtue of its profession of journalist had to be inserted like supposed independent journalist what it was worth to him to know the work developed by the four encartados, illustrating the nature and characteristics of this, perceiving the Room the extraordinary experience of this man that with objective criterion was able to enter to us in that world, relating the activities which they were even developed, the multiple meetings in which were to agree with, in the Office of Interests of the United States in Havana, cocktails, meals, way in which these encounter ran, I illustrate, in addition, on the way in which their civil employees tried information on subjects of interest relative to our country, on the motivations of the defendant and the remaining "independent journalists" always in narrow relation with the search of the affability of the credited civil employees of this government in Cuba, arriving to use the phrase "that pays offer", witness that was to demote before the room on the works of encartados in the magazines "Letters of Cuba", "Cubanet", "Encounter in the Network", "Cuba Free Press", the collaboration of these in Martí Radio, approaching, equally, the existing routes to receive the payment by made articles, everything what offered a finished idea of the characteristics of this means and the contrarrevolucionaria activity enough, properly. Ilustrativo I am, also, the testimony of another one of the agents of the security of the state, in this case the journalist Nestor Baguer Sanchez Galárraga, "Octavio agent", journalist of profession, member of the Real Academy of the Spanish Language and that served its for the Cuban organs of the security from year thousands nine hundred sixty and three, accumulating consequently an amplest experience on this activity and the way of coming from those who are immersed in the same one, of which was to acquire knowledge the Room from the reproduction of a videotape in the Room of witness relates all these ends meticulously, stating room the total coincidence of its experiences with those of the "agent Miguel", or briefed opportunely, thus I illustrate on the subjects that were from interest for the civil employees of the SINA, that is to say, the health, the education, the economy, faults of those programs of the Revolution or their leaders, with the purpose of reducing prestige and credibility to them, the bonds that was to establish with funcionanos of this Office including his first secretaries, until the present one, James Cason, which agrees for the case of the acusaos, arriving to denominate the people which they develop this activity, few of them journalists in fact, "mercenarios of journalism ". I value the Room casete in which consists recorded a conversation of the Edel defendant Garci'a Diaz with a person in the outside and by telephone route, where can be listened to the directions that this defendant receives for the search of the interest news, such as murders, accidents in work centers. Problems in hospitals being appraised by the Court the noticeable intention to distort the reality in the search of representative isolated facts in way some of the Cuban social life. Esteem the Court the Information rendered by the comparecientes to act of the oral judgment, obrantes experts in addition in the performances and by which the total coincidence of writings occupied to each one of the defendant with its respective writings can be stated, which corroborates that they were written up by these; in addition, the technical characteristics of the portable radii and other means occupied to the own defendant and facilitadores from whom they came dedicating. As colofón of the valued test had to acquire knowledge east Court with the ample and meticulous report made by the operating Police Instructor in the investigations of this voluminous summary and is the case of the Lieutenant Colonel Roberto Hernandez Horseman who nonsingle ratified all his diligences and conclusions but in addition, I illustrate to the court the way in which these four defendant protecting itself in their call independent journalism without censorship and to the service of the truth according to refer, in fact made a subversive activity net to be directed the totality of its articles to falsear the truth, relating coarse lies, in interest of the government of the United States to give an image distorted of Cuba towards outside with images of true chaos delinquency of lack of social order, of corruption between the leaders of the incompetencia government everything what they did of conscientious form and that could in a future give foot so that the United States justified a direct interference of our subjects as well as to reinforce the reasons that use to maintain the blockade economic to our country through the Law Helms Burton for which was to lean of mentioned instructor in ample the documentary obrante in the summary. Whose material certainty certainly builds in the performances. Without facts different from the narrated ones were proven.
THIRD BEING: That the Public prosecutor elevated to definitive his provisional conclusions that they rolan to fojas three to the twelve of the roll.
QUARTER BEING: That the lawyers of the defense modified their respective provisional, obrantes conclusions to folios twenty-six to twenty-eight thirty and the six, thirty and seven and thirty and nine of the roll elevating to definitive those that build to fojas eighty and three to ninety and two of the own roll of the Cause.
FIRST CONSIDERING: That the facts that are declared proven in the Sections To, B, C and D of the First one Being Proven integrate, each one the intentional and completed crimes predicted and sanctioned in articles four sections one and two, interjection b) article six, separated one and three and árticulo eleven, all of Law Eighty and Eight of Protection of National Independence and the Economy of Cuba, since in agreement appears of the defendant JULIO CESAR GÁLVEZ such RODRIGUEZ, EDEL JOSE GARCIA DIAZ, MANUEL VAZQUEZ VESTIBULE and JORGE OLIVERA CASTLE, emitted subversive information of character, distorting the political and —economic social reality of the country as well as against state institutions and of masses, of conscientious way, with I animate of profit, those that were published in magazines paginas Web and badly called Martí Radio following the objectives of Law Helms — Burton so that it is increased the blockade and the economic war against our town, after breaking the internal social order, destabilizing the country and to eliminate the Socialist State and the Independence of Cuba, tipificando themselves of this form the legal rules before mentioned.
SECOND CONSIDERING: That the defendant Julio Cesar Gálvez Rodriguez is responsible penal for the crimes described with respect to the Section, is it the Edel defendant Jose Garci'a Diaz of described in relation to Section B. As well as the Manuel Vazquez Vestibule as briefed in Section C and the Jorge Olivera Castillo of those of the Section D, all for authors to have committed its respective crimes by themselves according to arranged in the article eighteen sections one and two, interjection a) of the Penal Code.
THIRD CONSIDERING: That in the commission of the crime modifying circumstances of the criminal responsibility for the defendant do not concur not taking the lawyer Ovid Source Register, representative of the Edel defendant Jose Garci'a Diaz reason as far as that is considered him to represented his what fifty and two gather for extenuating article, interjection ch) of the Penal Code by to have helped to this a the elucidation of the facts in that it was immersed because the tests presented/displayed by the accusatory part were without a doubt irrefutables, not contributing this some new element that are not considered beforehand.
FOUR CONSIDERING: That the criminal responsibility takes prepared the civil responsibility by some material damage that had been caused, by virtue of Law seventy of the penal Code not existing in this case.
FIFTH CONSIDERING: That to adapt the measurement of the sanction to impose the Court forty and seven of the penal Code as far as the degree of social danger of these facts, the results of doing of each defendant in car occasion of being titled "journalists free thinkers to the service of the truth", when consider the predicted thing in article in fact they became mercenarios at the mercy of the North American master by ridiculous sums of money or trying to gain its exit towards this country, when they were refusing it by the legal routes established by that own governmental administration dedicating itself to speak of the spots that the sun has beside the point and, distorting what in fact in these it had, which did of conscientious way, because intelligence and installed capacity exceeded to them so that they were sincere in his to say, being permissible that they exist Cuban in our territory which they are not in agreement with the revolutionary principles, but, to allow that they use a yellow press to defame, to create an opinion state that puts in danger the stability from the nation when doing to him the dirty game to the contrarrevolucionarios worked hard by the Mafia of Miami that operates with badly called sedititious Martí Radio and all those publications, that cannot be allowed, nor admits no nation to it in the world that protects its sovereignty and their government is worthy, forgetting these badly calls independent journalists the principle of which when a firm ideology exists to follow the honest and worthy men follow it without concerning the repaying part to him; as well as to take an isolated fact, to wrap it with the coarse and uncertain word is not to mine with lie the truth of a dangerous form Values this court of justice that certainly the word does not have to be cornered within the grates of the censorship, but must either freely run between the lie originating confusion, much more for those who they cannot feel the truth directly. It is a certain fact and thus it reasons east Court, who the United States of North America from end of the five and eighty War thousands nine hundred have watched our island as a future been annexed later as a republic with a mediatizada independence dominated by yanki and after nine and fifty January thousands nine hundred insists by the destruction of its revolutionary process and is indeed in favor of such interests that the codefendant today judged have directed to their work giving sly blow to the entrails of the mother country, they are its writings, articles, offensive for the organizations of mass, the Cuban woman for our position before yokes like the ALCA questioning the true reasons whereupon began to comprise in this agreement, is so other people's to the reality and to the context that to the one of the Cuba of today which for that reason the educational plans do not express the true conquests of the Revolution to make of Cuba a town every cultured time but, in that their children, still in the place furthermost, have a teacher receive medical attention, they forget to mention, that still being a poor town the great dignity whereupon we counted takes to us to share our profits with towns brothers, omit in his writings the unit of this town to reach his goals to gain his battles and the return of Elián to the mother country is the most recent case the fight by the freedom of our Five Heroes Prisoners of the Empire, forgets to brief in its writings the shortages of the world, the million children who at the present time die of hunger of diseases, nor questions the astronomical sums of dollars destined the armament industry, in short, as much falaria can be transformed so and as our National Hero expressed and outside paraphrased by a man that knew to introduce itself in the monster being arrived to know its entrails and is not other that the agent "Miguel": "The one that pays, commands", the own Bible gathers in skillful phrase the experience from this Sala Juzgadora when characterizing servile acting of encausados "the birds of equal plumage fly in side". They are indeed these valuations and reasons those that take to this Sala Juzgadora, in name of the town of Cuba, to consider that the punitive answer conforms the aims hoisted in article twenty-seven of our Substantive law penal, have to be severe and necessarily privative of freedom, even though we are before defendant that appear in this process with the condition of primary real for the case of Gálvez Rodriguez Garci'a Diaz and Olivera Castillo, that to the margin of their contrarrevolucionaria activity, maintained a calm behavior in their respective places of residence, being broken ties with all really useful activity to the Cuban Society, appreciating of way it specifies and to the educative effects for the defendant Olivera Castillo and Vazquez Vestibule that both within the criminal activity which they developed reached a development level so that it was worth positions of leadership in the groups to that they belonged.
SIXTH CONSIDERING: That he is not to appreciate the Special Rule of Adjustment anticipated in article fifty and five, separated one and three, interjection c) of the Penal Code with respect to had Vazquez Vestibule account that conforms was credited although it consists that the same one outside ejecutoramente sanctioned by a crime of species different from which today is judged by that it sanctions itself to him, this criminal record I am cancelled from the twenty-five from November of year thousands nine hundred ninety and nine.
WE FAILED: JULIO CESAR GÁLVEZ sanctions itself to the defendant RODRIGUEZ and EDEL JOSÉGARCIA DIAZ like authors of the acts AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA, by article four, separated one and two, interjection b) to TWELVE YEARS OF DEPRIVATION OF FREEDOM to each one, by article six, separated one and three, interjection b) to SIX YEARS OF FREEDOM DEPRIVATION, to each one, by article seven, separated one and three, to FIVE YEARS OF FREEDOM DEPRIVATION, for each one by article eleven to FIVE YEARS OF FREEDOM DEPRIVATION, for each one and like JOINT SANCTION and UNICA FIFTEEN YEARS OF FREEDOM DEPRIVATION, for each one. MANUEL sanctions itself to the defendant VAZQUEZ VESTIBULE and JORGE OLIVERA CASTLE like authors of a crime AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA by article four, separated one and two interjection b) to FIFTEEN YEARS FROM FREEDOM DEPRIVATION, to each one, by article six, separated one and three, interjection b) to SIX YEARS OF FREEDOM DEPRIVATION, to each one, by article seven, separated one and three, to SIX YEARS OF DEPRIVATION OF FREEDOM, for each one, by article eleven to FIVE YEARS OF LIVERTAD DEPRIVATION, to each one like JOINT SANCTION and UNICA EIGHTEEN YEARS OF FREEDOM DEPRIVATION, for each one, the one that will fulfill in a Penitentiary Establishment of the Department of the Interior and we impose like accessory sanction the predicted one to them in article thirty and seven, separated first and second from the Penal Code relative to the deprivation of right consisting of public the lost one of the right to the active and passive suffrage as well as to the right to hold positions of direction in the competent organs of the political activity and administrative of the state State, economic units and in social organizations of mases and the same period that the imposed main penalty. In addition, the accessory sanction of comiso is dominated to him the defendant, anticipated in the article forty and three sections one, two and three of the consisting of Penal Code stripping to sanctioned of those goods and objects that served or were destined to indirectly be used for the originating perpetration of the crime and the direct one or of the same one, coming to its destruction in the cases of harmful substances and in the rest of the cases the most useful destiny will occur them from the economic-social point of view.
Uprisings with respect to the civil responsibility not being do not become indispensable.
In relation to the occupied goods his is arranged with respect to the occupied money to the defendant comiso in favor of the Box of Compensations of the Ministry of Justice, as well as the rest of means occupied to the defendant like radios, computers, engravers, shippers of batteries, has his comiso in favor of the Cuban state so that them the useful use but from the social and economic point of view.
Of not agreeing the parts with this resolution they have I finish of THREE WORKING DAYS to establish Resource of Abrogation, term that will begin to run as of the following day of the notification.
Remítase copies of the sentence to the Penitentiary Establishment that corresponds once he is firm, as well as to the Box of Compensation of the Ministry of Justice. Téngase in account as installment of the imposed punishment the undergone preventive sanction.
Thus by this our sentence, we pronounced it, we commanded and we signed.