Havana #6
English (machine translated) | Spanish
IT SENTENCES I NUMBER:SIX OF TWO THOUSANDS THE THREE (6 OF THE 2003)
President:
Tomás Fernandez Malvárez
Judges:
Juana Yasmila Perez Hernandez
Ramon Perez Horta
Pelagio Lescalles Curtain
Aramís White Castillo
In City of Havana, to six of April of two thousands the three. VISTA in oral, public and highly summarized judgment, before the Room Second of the Penitentiary based on the Room of the Crimes Against the Security of the State of the Popular Provincial Court of City of Havana, the Cause Number ELEVEN Of TWO THOUSANDS the THREE, followed by the crimes of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE and PENAL INFRACTIONS OF the LAW EIGHTY and EIGHT OF THOUSANDS NINE HUNDRED NINETY and NINE, in which they appear like defendant:
OSVALDO ALFONSO VALDES, son of Osvaldo and Queen, natural of City of Havana, thirty and eight years of age, married, vacated, neighboring of Vista Hermosa six hundred eight, five apartment k between Santa Ana and Concepcio'n, hill, City of Havana, defended by Lic. Arturo Cardinal red Iván Alarcón, like designated Ietrado and in provisional prison by this to cause.
HECTOR PALACES RUIZ, son of Miguel and Maria, natural of Villa Clara, sixty and years of age, married, vacated, neighboring of twenty-five number eight hundred sixty and six, apartment three between A and B, Private preserve, Seat, City of Havana, even defendant the Lic. Odalys Perez Martinez, like designated lawyer, and in provisional prison by this cause.
THORNY OSCAR MANUEL CHEPE, son of Oscar and Clear, natural of Cienfuegos, sixty and two years of age, unemployed person, neighbor of nine street thirty and twelve number four thousands two hundred apartment three, between forty and two and forty and four, Beach, City of Havana, defended by Lic. Odalys Perez Martinez, like designated lawyer and in provisional prison by this cause.
HECTOR FERNANDO MASEDA GUTIERREZ, son of Fernando and Juana, natural of City of Havana, sixty years of age, unemployed person, neighbor of Neptune nine hundred sixty and three between Aramburu and Hospital, Habana Center, City of Havana, defended by Lic. Arturo Cardinal red Iván Alarcón, like designated lawyer and in provisional prison by this cause.
WHITE MARCELO RODRIGUEZ, son of Ramon and Flora, natural of City of Havana, thirty and eight years of age, unemployed person, neighbor of two street seventy and number nine hundred seven between novena eleven, Extension of Almendares, Beach, City of Havana, defended by Lic. Odalys Perez Martinez, like lawyer of office, and in provisional prison by this cause.
MARCELO MANUEL LOPEZ BAÑOGUEZ, son of Marcelo and Maria, natural of City of Havana, thirty and nine years of age, unemployed person, neighbor of seventh number thirteen thousands nine hundred thirty and eight, between Fourth and South, Guanabacoa, City of Havana, defended by Lic. Teresa González Morales, like designated lawyer and in provisional prison by this cause. -
Acting like Public prosecutor: Edelmira Pedrís Yumar
Being Ponente Judge Juana Yasmila Perez Hernandez
FIRST BEING: Proven that the defendant OSVALDO ALFONSO VALDES, HECTOR RUlZ PALACES, THORNY OSCAR MANUEL CHEPE, HECTOR FERNANDO MASEDA GUTIERREZ, WHITE MARCELO RODRIGUEZ and MARCELO MANUEL LOPEZ BAÑOBRE, from the Nineties to the present time they have come dedicating to participate in activities that reduce the independence of the country and its sovereignty tying with organizations been in Miami. EI accused OSVALDO ALFONSO VALDES, who funge like President of the Liberal Divided call Democratic of Cuba, organization does not authorize according to the Cuban laws, in year thousands nine hundred ninety and eight drafted a document titled "To the foreign investors with interests in Cuba" which also was signed by the Co-accused MASEDA GUTIERREZ, and outside trasmitido by different routes from communication, including the Office of Interests of the United States in Cuba and taken to other diplomatic seats, affirming this document that the Cuban workers saw affected their interests by the form of use through empleadoras organizations conminando the foreign investors to not to recognize the labor regime instituted in the country and which Arcs take refook in the Principles that were elaborated previously by antiCuban terrorist organizations with seats in Miami, the United States and financed by the Government of this country, warning to them that to continue with its attitude "the new democratic government" who would settle in cubas them he could consider indebted and would demand them, which unquestionably would affect the investments and therefore the economy of the country. Also the defendant ALFONSO VALDES, PALACES RUIS and WHITE RODRIGUEZ, drafted and signed a denominated document "Cuba": Proposals of Measures to leave the crisis ", dated in Havana, the nineteen of December of two thousands the two, made by the union of different illegal organizations denominated" All Uniting "which was spread to the foreigner being these measures of form clear a route to implement the measures that the Law Helm-Burton establishes to increase the blockade of the United States against Cuba, because they are very similar to these; this union was made to proposal of subtle form of civil employees of the Office of Interests of the United States in Cuba to give image of the internal competing organizations before the Latin American Summit to be celebrated; the defendant OSVALDO ALFONSO VALDES, maintained narrow connotados relations with terrorist the Frank Hernandez Trujillo, President of the Organization been in Miami Grupo de Apoyo to the Dissidence that IE sent money and other goods, being this organization financed by the United Statet for Agency International Development (USAID) of the government of the United States and who also receives money of other terrorist organizations like CABA, American Cuban Foundation, Directory Revolutionary, Democratic Action among others, also with Carlos Alberto terrorist Montaner been in Spain and President of the Cuban Hispanic Foundation, that in its letters IE oriented like gaining followers creating "martianos circles" and to pay twenty dollars to him to the leaders of these, requesting in these by the death of Fidel, in addition in thousands year two one emitted next to the defendant HECTOR PALACE RUIZ an international call to look for support his discredited cause sending it to the millionaire of Cuban origin been in Miami Eduardo Perez Bengochea, of well-known conduct to the service of the government of the United States, that also it sent to these people helps monetary, who these two defendant, from year thousands nine hundred ninety and nine always sent message to "the democratic" governments and diplomatic seats in dates near Latin American Summits discrediting the government of our country looking for a sentence same by the nonfulfillment of the human rights; that the defendant ALFONSO VALDES was called by a civil employee from the USAID to the Office of Interests of the United States in Havana to verify if received the aid that to them was destined in money, equipment, books, and others, to foment and to develop to his work giving in three opportunities conferences in badly called Martí Radio, having narrow relations with Mr. James Cason, Head of the mentioned Office of lntereses, that participated in the creation of the Youthful Section of the Party in its address, in addition the defendant HECTOR PALACE RUIZ, received remittance of money, foods, books and other average ones to develop his work of the well-known terrorist Frank Trousers, Hernandez Trujillo, President of the Support battalion to the Dissidence, being at the moment the President of the Society of Social Sciences, illegal grouping, having in his address of Ias Ilamadas independent libraries, created program to request of already mentioned organizations been in Miami who financed this project with received money of the USAID that is of the government of the United States, being most of sent books of subversive and contrarrevolucionarios cuts, in addition offered to information through foreign means of press and others been in Miami always distorting the Cuban reality, receiving in his house to these journalists, having narrow relations with Mr. Cason, Head of the Office of Interests, of where he even had passes, with that met like ALFONSO VALDES, visiting its house by activities open whom this he gave and where he was invited, also next to the defendant ALFONSO VALDES and ESPINOSA CHEPE, met in several opportunities at different Hotels from the Capital with Congressmen Norteamericanos, students and professors of that country, in some occasions to request of some civil employees of the Office of Interests, like William Smith. Accused EI THORNY OSCAR MANUEL CHEPE, was dedicated to write articles and to offer falseada and distorted information of the Cuban reality, mainly of the economic point of view, giving to these articles to magazines and newspapers of subversive and contrarrevolucionario cut, and their pages in Internet like Cubanet, Encounter, Challenge among others receiving in return from fifteen to one hundred dollars, in addition it took for his writings the information given by the official organs to the national press and magazines and yearbooks that received in the Office of Interests and by the access to Internet and all type of document, facilities that IE offered this seat since these articles that wrote were used by this for his intentions to discredit to the government and Ia Cuban society, also he received remittance of money through Ia Transcard Agency, also received also money and means to develop to his work from civil employees of the Office of lntereses, of organizations been in Miami like the Support battalion to the Dissidence, having a hard space in titled Martí Radio "Speaking with Chepe" where he offered distorted information of the Cuban economy as much participating in meetings and receptions in the Office of Interests like in house of civil employees of this and other diplomatic seats where mentioned Office IE oriented that it also gave the documents that which wrote he was monitoreado by this. The defendant HECTOR FERNANDO MASEDA GUTIERREZ, is member of the Liberal Democratic Party of Cuba and Director of the Liberal Training center both illegal ones, wrote articles on Ia situation of the country distorting same Ia responding to the directions of the Office of Interests, which visited frequently like other diplomatic seats and this IE offered to possibilities as soon as access to Internet, information and reproductions of documents making possible to him this to this Office the monitoreo of the Cuban society, in addition published these articles in different magazines, newspapers and pages Liberal WEB like Cubanet, Encounter, Profiles which IE paid between fifteen and twenty-five dollars, having a Fax that it bought with money of the also illegal group "Honor", of independent journalists, in one of the meetings with North American citizens in the Office of Interests one of these IE suggested made articles of social cut, that is indeed the subject of occupied articles to him, maintaining relations with the University the International of Florida who receives bottoms of the USAID, that is, of the government of the United States for the subversion in Cuba, to obtain and to disclose distorted information of the Cuban reality, which did through the magazines already mentioned and badly called Martí Radio, also maintained relations with the citizen Wilson Curting, person of terrible antecedents, tie to terrorism international and friend of diplomat American Otto Reich, to who IE gave several of its articles so that it published them abroad and in return it would receive money, being occupied these in the Cuban customs when leaving this citizen in March two thousands the one, being some of the titles of these articles following "works the forced in Cuba", "Havana, capital of the sexual tourism", "New Cuban soldiers of the cyberspace", among others, also of the visits that made to the different diplomatic seats towards report directed to the Office from Interests to communicate the fulfillment of this activity, which controlled this office. The defendant WHITE MARCELO RODRIGUEZ, doctor of profession although towards several years that the same one did not exert, car is titled member of the Medical School of Cuba, illegal organization with narrow bonds with another illegal organization, the Commission of Human rights and National Reconciliation, directed to letters to well-known terrorists and contrarrevolucionarios like Frank Hernandez Trujillo who the Ilamó directly and White Enrique whom the Liborio Operation directs, from Puerto Rico, distorting and exaggerating the economic and social situation of Cuba with the outside greater objective of which the amount of supplyings of medicines, clothes, and means including difamatorios books of political content of the Cuban Revolution, that these people and organizations IE ordered having this Medical School like intention to destabilize the Ministry of Public Health, to undermine the existing social system in Cuba through track two of the Law Helms-Burton, and through the medicine delivery to needed people little by little to jeopardize them with the new civil society that would restore itself in the country, demonstrating that they if they could solve his problems, having conversations with American civil employees on the work by made him. The defendant MARCELO MANUEL LOPEZ BEÑOBRE, develops to activities like "spokesman and secretary" of the illegal organization "Commission of Human rights and National Reconciliation", dedicating itself to send information to international organisms like Amnesty International and Human Race notifying of the sanctioned people to capital punishment in the country but without explaining the reason by which he was imposed which distorts this information declaring these sanctions like extrajudicial murder of the Cuban State, which aid to condemn to our country in the Commission of Human rights in Geneva, because to this also IE sent copy that was given to the Office of Interests before which the defendant LOPEZ BAÑOBRE had to update the report twice to the year and was prepared in this place on the form in which it had to do it, approaching this a the families of the sanctioned ones capital punishment so that they went to the mentioned international organizations and received by its activities a payment of sixty dollars monthly.
That all the defendant made systematic visits to the Office of Interests of the United States in Havana where they had easy access to his facilities, meetings and receptions in this office of interests and houses of civil employees of this like the present head of the same James Cason participated in who IE offered to the seat and its residence for the meetings and the activities, having from their participation in the opposition an improvement in their standard of life, receiving from hands of these average civil employees to develop their work, like radios, these, to distribute between the population, digital camera, of video, having these seals where they consist that they were given by the Support battalion to the Dissidence. To all defendant IE several means between which are computers, Fax, radios, cameras, to scanner, printers, engravers, videos, medicines, and great amount of books, pamphlets were occupied and magazines.
The defendant OSVALDO ALFONSO VALDES, does not have labor bond, although he has increased his standard of life, is known in his place of residence that is dedicated to contrarrevolucionarias activities, IE do not consist criminal records.
The defendant HECTOR PALACE RUIZ, of sixty and years of age, does not have labor bond and in spite of which he has increased extraordinarily his standard of life, he is known that he is dedicated to contrarrevolucionarias activities and receives visits of journalists and diplomats in his address, ejecutoramente was sanctioned by the Popular Municipal Court of Santa Clara in the Cause Number Two Thousands Five hundred Sixty and Five of the year Thousands Nine hundred Ninety and four by a crime of Associations, Illicit Meetings and Manifestations to nine months of freedom deprivation.
The defendant THORNY OSCAR MANUEL CHEPE, of sixty and two years of age, does not have labor bond even though has increased his standard of life, he is known in his place of residence that is dedicated to contrarrevolucionarias activities and receives visits of journalists and foreign citizens, IE do not consist criminal records.
Accused EI HECTOR FERNANDO MASEDA GUTIERREZ, of sixty years of age, does not have labor bond although its standard of life has increased, is known; in their place of residence that is dedicated to contrarrevolucionarias activities, criminal records do not consist to him.
The defendant WHITE MARCELO RODRIGUEZ, does not have labor bond, knows itself that he develops contrarrevolucionarias activities within the sector of the health, do not consist criminal records to him.
The defendant MARCELO MANUEL LOPEZ BAÑOBRE, does not have labor bond, knows itself in his place of residence that is dedicated to contrarrevolucionarias activities, IE do not consist criminal records.
SECOND BEING: That the Court to arrive at the conviction of the facts that occur by proven misestimated the declaration of the defendant, PALACE RUIZ, ESPINOSA CHEPE, MASEDA GUTIERREZ, WHITE RODRIGUEZ and LOPEZ BAÑOBRE, who denied their participation in the facts, taking into account that the defendant ALFONSO VALDES recognized his participation and showed that he knew that the bottoms which received for the development of its activities like President of the Liberal Democratic Party of Cuba, were originating of the government of the United States, valuing the pertaining to a witness ones, practiced in the act of the oral judgment that of ample form the contrarrevolucionarias activities corroborated to that all the defendant dedicated themselves and all the means and materials that received for this activity on the part of civil employees of the Office of Interests of State United in Havana and been terrorist organizations in Miami, being clear the working witnesses of several hotels of the capital which ALFONSO VALDES, PALACE RUIZ and LOPEZ BAÑOBRE recognized the defendant, like the people who saw meet in these places with North American congressmen, students and professors, being seen in their addresses diplomatic civil employees and foreign journalists according to stated several of the witnesses, being precise the witness Iván Jose Luis, Joanicot, Agent of the Security of the infiltrated Cuban State in been the terrorist and contrarrevolucionarias organizations anti Cuban in Miami, The United States, arriving to be the second of Frank Hernandez Trujillo in the Support battalion to the Dissidence, knowing that this organization receives money of the USAID, that is directly of the American government to send it to the antiCastro organizations in Cuba and that other groups of violent character against our country like Ex- Club, CABA, American Cuban Foundation and other IE give money to the Support battalion to the Dissidence for subvention of the dissidence in Cuba and the grupúsculos like which the defendant belong, being one of the people more mentioned within these circles the defendant HECTOR PALACE RUIZ, knowing who Frank Hernandez Trujillo, Frank Trousers and Carlos Alberto Montaner was Agents of the company, needing the agents the Security of the State Pedro Luis Veliz Martinez and Odilia Collazo Valdés, who occupied the positions of President of the Medical School of Cuba and the Party Pro Human rights, respectively, their activities next to all the defendant with the civil employees of the Office of Interests of the United States, having received of these and of been terrorist organizations in Miami, that directly receive money of the government of the United States through the USAID helps material, information, bibliography, modern means of communication, having to offer to this Office of Interests information and by direction from this to others diplomatic seats, periodic, magazines, and foreign organizations always in reduction of national integrity and the security of the country being monitoreados having to give to periodic reports and for which they had, all type of facilities within the Office of Interests, even being controlled by a civil employee of the USAID to know as the budget arrived at them destined and received all the defendant, specifying to Veliz Martinez who the mentioned Medical School from Cuba to who RODRIGUEZ belonged WHITE, I am created by directions of the organizations of Miami to destabilize the Cuban system of health and to undermine the prevailing regime in Cuba through track two of the Law Helms-Burton, being ratified instructors and experts their information and expert works, in addition always considered the documentary one that ALFONSO VALDES by connotado the terrorist Carlos builds in the file as far as letters directed to the defendant Alberto Montaner and its answers demonstrating a fluid communication soliciing first and giving the second helps material, talking about in contemptuous form of the Cuban Revolution, and giving to this person to the defendant the directions on the form in which it had to work to gain followers paying to them to these, the certifications of the reiterated visits from the blame the Office of Interests of the United States in Havana, the certifications of the Center of Press the International where she appears credited all foreign publications and radio transmissions where written work and interviews to the defendant being these occupied to many of them and always speak discrediting the government of Cuba, the social regime, causing that our country appears like rapist of the human rights, the certifications of CIMEX S.A., the remittances of money received by the defendant, being significant the document signed by MASEDA GUTIERREZ and ALFONSO VALDES titled "To the foreign investors with interests in Cuba", that was occupied to several of the defendant and by hand of ALFONSO VALDES in a occupied and given an expert opinion on notebook, and that outside published and given to know diplomatic seats being a threat to which they invest previously in Cuba, in line with documents emitted by been terrorist organizations in Miami, which it makes clear to the position of the defendant and its organizations in the country and its objective to affect the Cuban economy, like; the titled document "Cuba: measures to leave the crisis "elaborated by the union of all these grupúsculos and signed by the defendant ALFONSO V ALDES, PALACE RUIZ, and WHITE RODRIGUEZ, with the objective to present it the agent chief executives of the Latin American Summit and that also outside; published abroad it is a route for the implantation of the Law Helms- Burton who breaks out again the blockade to our country, being in the same line for example the contained measurement as number two corresponds by section fifteen of title two, section two hundred one of the mentioned Law "To help to a democratically elect government in Cuba to fortify and to stabilize its national currency", measures three and seven correspond with twelve section one hundred section one a) of the Law as far as the money remittances, the formation
small deprived companies, the free hiring; the measurement number twenty corresponds with number three of section two hundred five of the mentioned Law as far as the dissolution of the Department of Security of the State, the Committee of Defense of the Revolution and the Brigades of Fast Answers, and number twenty-five with the two of section two hundred five as far as the freedom to political the prisoners and the verification in the jails on the part of international organizations of Human rights, being clear the objective to put on the way to facts established in this injerencista Law of the sovereignty and independence of our country, also valued documents of the Cuban Hispanic Foundation on the shipment of information and articles of THORNY defendant CHEPE, being very important the document occupied to the defendant PALACE RUIZ as far as the program for Cuba of the USAID, organ of the American government, being its aim to subsidize to all the existing competing groups within Cuba receiving like budget money for the organizations between whom they are Freedom House, Center for a Cuba Libre, Group of Aid to the Dissidence, University the International of Florida, Cuban Committee for the Human rights, among others, being these sums of money very elevated; also the letter sent to Perez Bengochea in name of the Social Training center was valued, that directs to the defendant PALACE RUIZ, giving him authorization to publish in any means articles of "All United ones", including to fojas of the file the message of these grupúsculos to the Ninth Latin American Summit, is also probatory of the entailment of these groups with the Cuban organizations anti in exile the document Support battalion to the Dissidence sending a check to Liborio Operation, léase White Enrique with the Senator Christopher Dodd orienting the advisable thing to warn to him people in Cuba, existing ample information to him of these grupúsculos through the defendant giving account to the Office of Interests and other organizations in Miami of the use given to the money that they sent to him for the development of his work and the money that defendant IE did delivery to other opponents, valuing the writings and occupied articles to MASEDA GUTIERREZ that weaken the society and Cuban reality and that were published in magazines and periodic subversive foreigners of cut to changes from which it received money, as well as the writings occupied to LOPEZ BANOBRE on the sanctioned ones to capital punishment that gave to international organizations, Office of Interests and other diplomatic seats being made with objective damage the image of Cuba and obtain the sentence of this like rapist of Human rights, because they are not indicated the reason for this type of sanction when in all the cases are by violent and degrading crimes prevailing of exceptional form, occupying also in the computer of this defendant the Decalogue for the Creation of Circles of Social Resistance that they have like aim to destabilize and to undermine the social system calling to organize itself, to look for followers, to paint posters and to distribute octavillas among others, in addition the occupied letters to WHITE RODRIGUEZ directed to the terrorists Hernandez Trujillo and White Enrique asking for medicines and equipment to them like coordinator to the Medical School of Cuba, and that also received in addition to these goods money and means of already mentioned organizations been in Miami, valuing in addition the certifications to the Ministry of Justice crediting that no of the organizations to whom the defendant belong are registered according to the laws and therefore are illegal, the resolutions of registry and act of occupations where the means occupied to all the defendant like computers, Tele Fax, videos, cameras, radios and books in their majority are described subversive, medicines, and that are given by the Office of Interests and been terrorist organizations in Miami, the complementary investigations of the defendant and the certifications of criminal records being the only reincidente PALACE RUIZ, because the rest is primary violators of the penal norm, also court misestimated the related criminalístico expert work to companies that presented/displayed the public prosecutor in the act of oral judgment, but after reproducing and practicing the documentary evidences, in addition the same one is not categorical and it does not contribute nor it modifies as far as probanza of the facts, misestimating also the done red letter with ilegible company/signature and the two typed without companies then it is not possible to be determined that made them, if valuing directed by Carlos the Alberto Montaner to the defendant ALFONSO VALDES and that it proves his narrow communication and as the first IE orients in its work within Cuba, misestimating the documentary proposals by the Lic. Teresa in its writing of conclusions then they are of the later year 87, 88 and 94 without to this consists that the defendant has some psychiatric suffering fehacientemente being left for the court the participation of each defendant in the imputed crimes proven.
THIRD BEING: That the Fiscal Ministry elevated to definitive its provisional conclusions that they build to fojas from the one to the fourteen of the roll.
QUARTER BEING: That the lawyers of the defense also elevated to definitive their provisional conclusions that forty and two build to fojas, forty and eight, forty and nine, fifty and two, sixty and four and sixty and five of the roll.
FIRST CONSIDERING: That the facts that are declared proven constitute the completed crimes and intentional of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE and PENAL INFRACTIONS OF the EIGHT LAW I NUMBER EIGHTY and LAW OF PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, anticipated and sanctioned in articles ninety and one of penal code and four two section one and a) and b) six two section one and a), b) seven section one and three, eight section one and two, nine two sections one and b), ten and eleven, all these of the mentioned law number eighty and eight, since in agreement one appear of such all the comisores in interest of a foreign state, in this case the one of the United States, executed facts with the intention of underwent damage independence and the integrity of the Cuban state, in addition, provided directly by means of the Office of Interests and by other routes information to the government of the United States to facilitate the objectives of the law "Helms- Burton", the blockade and the economic war against our country, directed to break the internal order, to destabilize the country and to eliminate Socialist State and the independence of Cuba committing the facts with the aid of more than two people and by means of remuneration, also accumulated, reproduced and spread materials ofsubversive character of foreign organizations and agencies and dependencies of the government of the United States to support the objectives of the law "Helms- Burton", the blockade and the economic war, committing these facts with the aid of two or more people by means of remuneration, collaborated such in addition with intentions described with radio transmitters, newspapers, magazines and other foreign means of diffusion, in exchange for remuneration, disturbing the public order with these same objectives, promoting and organizing such, making in addition directed acts to harm the economic relations of the Cuban state with foreign investors to favor the mentioned injerencista law, the blockade and the economic war against ours town making these always with profit spirit, obtaining remuneration in return, urging through several means the population to execute these acts, receiving and distributing to average financiers and materials coming from the government of the United States, his agencies, civil employees and organizations deprived for the accomplishment of the acts already described.
SECOND CONSIDERING: That the defendant are responsible penal for authors for the referred crimes OSVALDO ALFONSO VALDES, HECTOR PALACE RUIZ, THORNY OSCAR MANUEL CHEPE, HECTOR MASEDA GUTIERREZ, WHITE MARCELO RODRIGUEZ and MARCELO MANUEL LOPEZ BAÑOBRE, by them to have made by themselves in agreement establishes the article eighteen two sections one and a) of the Penal Code.
THIRD CONSIDERING: That in the commission of these crimes the modifying circumstances of the criminal responsibility concur: for all the defendant of the article fifty and three ABC interjections of the penal code, since part of groups integrated by more committed these facts forming than three people, by profit since they obtained money and other goods and facilities by these, causing serious consequences for the integrity and independence of our country, taking advantage of the special situation has indeed this due to the economic problems derived from the international situation and the policy of the government of the United States, persisting in these activities still after being noticed officially by competent authorities, making them against people and activities prioritized for the economic development of our country as they are youth, the foreign investments and public health, by the existence of several aggravating ones is to appreciate, also for all the defendant the extraordinary aggravation of the sanction anticipated in four article fifty and point two of the Penal Code.
QUARTER CONSIDERING: That the responsibility takes with himself the obligation of civil character to compensate the damages and damages produced by the action, not being indispensable in the present case.
FIFTH CONSIDERING: That the Court to adapt the measurement of the taxable sanctions considered the preceptuado thing in articles twenty-seven and forty and seven of the Penal Code, as far as the aims of the sanction, being this not only the one to repress but to reeducar to the defendant in the respect and fulfillment of the laws and norms of the socialist coexistence and the measurement of the same one being fixed it within the term established by the law, guiding itself by the socialist legal conscience and considering the degree of social danger of these facts, the participation of each defendant, the concurrent circumstances with the moving bodies of the accused ones, antecedent and characteristic individual; valuing very specially in this case the social danger of these facts and the moving bodies, being this one the profit eagerness and a easy life, being these wage-earners of the government of the United States that it promotes, organizes, finances and directs to these elements to traverse, not only of the terrorist organizations anti Cuban who are in this country, also financed and organized by them, but of governmental agencies and its own civil employees everything which has maintained during four decades treating to destroy independence and the economy of Cuba, that has broken out again with laws like the Helms-Burton and the amendment Torricelli, this last one anticipates the provision of average financiers and materials for the development of contrarrevolucionarias activities within Cuba to these despicable subjects that, against the interests and manifest desires of the immense majority of its town they try to intensify the economic war that this foreign power takes against our country and to destroy its political and social system, supporting and collaborating with the objectives of already mentioned injerencistas laws, not behaving neither like Cuban nor like patriotic, grouping itself for these aims in illegal organizations, appreciating in the case of the defendant HECTOR PALACE RUIZ, the adecuativa circumstance of five article fifty and section one and three c) of the Penal Code, because ejecutoramente it was sanctioned previously by a crime of different species, while the rest of the defendant is primary violators of the penal norm, being known their activities contrarrevolucionarias in their places residence and has even been noticed by competent authorities valuing that the defendant OSVALDO ALFONSO VALDES, recognized their participation in the facts showing their repentance and its desire of reincorporar itself to their family, understanding by all the exposed one that according to the established thing in our laws, in defense of our town, of integrity independence and sovereignty of our mother country in just imposing severe privative penalties of freedom to all the defendant as it establishes article thirty of the Penal Code.
WE FAILED: OSVALDO sanctions itself to the defendant ALFONSO VALDES, HECTOR PALACE RUIZ, THORNY OSCAR MANUEL CHEPE, HECTOR FERNANDO MASEDA GUTIERREZ, WHITE MARCELO RODRIGUEZ and MARCELO MANUEL LOPEZ BAÑOBRE, as authors of the crime of ACTS AGAINST the INDEPDENCIA Or the TERRITORIAL INTEGRITY Of the STATE and PENAL INFRACTIONS OF the LAW I NUMBER EIGHTY and EIGHT, LAW OF PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMICA OF CUBA, anticipated and sanctioned in articles ninety and one of Penal Code and four two point one and a) and b), six two point one and a) b), seven point one, two and three, eight point one and two, nine point one and two and ten and eleven all of the Law Number Eighty and Eight, to OSVALDO ALFONSO VALDES TWELVE YEARS OF DEPRIVATION OF FREEDOM, TEN YEARS OF FREEDOM DEPRIVATION, EIGHT YEARS OF FREEDOM DEPRIVATION, FIVE YEARS OF FREEDOM DEPRIVATION, FIVE YEARS OF FREEDOM DEPRIVATION, TEN YEARS OF FREEDOM DEPRIVATION, THREE YEARS OF DEPRIVATION OF FREEDOM and FIVE YEARS OF DEPRIVATION OF FREEDOM respectively by each crime and like JOINT SANCTION and UNICA THE ONE OF EIGHTEEN YEARS OF FREEDOM DEPRIVATION; to HECTOR PALACE RUIZ FIFTEEN YEARS OF PRIV ACION OF FREEDOM, TWELVE YEARS OF FREEDOM DEPRIVATION, EIGHT YEARS OF FREEDOM DEPRIVATION, FIVE YEARS OF FREEDOM DEPRIVATION, FIVE YEARS OF FREEDOM DEPRIVATION, TWELVE YEARS OF FREEDOM DEPRIVATION, THREE YEARS OF DEPRIVATION OF FREEDOM and FIVE YEARS OF FREEDOM DEPRIVATION, respectively by each crime, and like JOINT SANCTION and UNICA THE ONE OF TWENTY-FIVE YEARS OF FREEDOM DEPRIVATION, to THORNY OSCAR MANUEL CHEPE TWELVE YEARS OF DEPRIVATION OF FREEDOM, TEN YEARS OF FREEDOM DEPRIVATION, FIVE YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF FREEDOM DEPRIVATION, respectively by each crime and like JOINT SANCTION and UNICA THE ONE OF TWENTY YEARS OF FREEDOM DEPRIVATION: to HECTOR FERNANDO MASEDA GUTIERREZ TWELVE YEARS OF DEPRIVATION OF FREEDOM, TEN YEARS OF FREEDOM DEPRIVATION, FIVE YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF FREEDOM DEPRIVATION, TEN YEARS OF FREEDOM DEPRIVATION, THREE YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF DEPRIVATION OF FREEDOM respectively by each crime and like JOINT SANCTION and UNICA THE ONE OF TWENTY YEARS OF FREEDOM DEPRIVATION; To WHITE MARCELO RODRIGUEZ TWELVE YEARS OF DEPRIVATION OF FREEDOM, FIVE YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF FREEDOM DEPRIVATION, TEN YEARS OF FREEDOM DEPRIVATION, THREE YEARS OF DEPRIVATION OF FREEDOM and FOUR YEARS OF FREEDOM DEPRIVATION, respectively by each crime, and like JOINT SANCTION and UNICA THE ONE OF EIGHTEEN YEARS OF FREEDOM DEPRIVATION, and to MARCELO MANUEL LOPEZ BAÑOBRE, TWELVE YEARS OF DEPRIVATION OF FREEDOM, TEN YEARS OF FREEDOM DEPRIVATION, FIVE YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF FREEDOM DEPRIVATION, FOUR YEARS OF FREEDOM DEPRIVATION, THREE YEARS OF DEPRIVATION OF FREEDOM, respectively by each crime, and like JOINT SANCTION and UNICA FIFTEEN YEARS OF DEPRIVATION OF FREEDOM, that will fulfill in the Penitentiary Establishment of the Department of the Interior, with the accessories established in the article in the deprivation of right public, loss of the right to the active and passive suffrage, as well as of the right to hold positions of direction in the organs corresponding to the administrative political activity of the State, in state economic units and social organizations and of tables by an equal term to the main sanction, and the established one in articles forty and three one and two and forty and four one and two of the own legal body as soon as to the occupied goods.
As far as the occupied thing comiso is had the money in national currency as in dollars as much, computers, radios, tele fax, photographic, printing camcorders and, shippers of radios, recorders, mini recorders, to scanner, cassettes of VHS videos, videos, medicines, books, pamphlets and magazines and all the occupied one to the defendant who were described fojas of the file.
As far as the measures you will prevent téngase in account the kept one in provisional prison and the same one stays.
Notifíquense to the parts, opportunely remítase copy of this sentence to the Provincial Department of Penitentiary Establishments and notifíquese to these of the right to establish Resource of Abrogation in the term of three working days counted from the notification of the same one.
Thus by this our sentence, we pronounced it, we commanded and we signed.