Havana #7
English (machine translated) | Spanish
POPULAR PROVINCIAL COURT
CITY OF HAVANA
ROOM OF CRIMES AGAINST THE SECURITY OF THE STATE
THOUSANDS THREE SENTENCE I NUMBER SEVEN OF TWO
PRESIDENT
ARMING TO TOWERS AGUIRRE
JUDGES
GLADYS MARIA PARDON CANALS
IGNACIO LLOMOART MARTOS
ZAYAS ROBERT ACCEPTS
GILBERTO FORTES BARBERENA
In City of Havana, to four of April of two thousands the three.
VISTA in oral judgment, I publish and extraordinary summary proceeding before the Room First 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 twelve of two thousands the three, followed by the crimes of Acts Against Independence or Integrity
Territorial of the Penal State and Infractions of the Law number the eighty and eight-of Protection of National Independence and Economy of Cuba-in which they appear like defendant:
MARTHA BEATRIZ ROQUE HAIR, natural of Havana, fifty and seven years of age, daughter of Francisco and Dolores, with university scholastic level, of unmarried and neighboring civil state of street Luis Estévez two number fifty and apartment three between Cortina and Figueroa, Municipality Ten of October, City of Havana, to size holds to prevent of provisional prison by this one Cause and defended by designation by the Lawyer Amelia Rodriguez Cove.
ARNALDO RAMOS LAUZERIQUE, natural of Havana, sixty years of age, son of Ramon and Evangelina, with joinable university student, of married civil state, without I tie labor and neighboring of Manglar Street number three hundred fifty and four between Franco and Oquendo, Municipality Habana Center, City of Havana, subject to size to prevent of provisional prison by this one Cause and defended by the Lawyer Amelia Rodriguez Cove.
NELSON MOLINE HAWTHORN, natural of the City of Havana, thirty and eight years of age, son of Nelson and Charity, of married civil state, without I tie labor and neighboring of Street Velasquez thousands number three eight hundred twenty-three interior. Passage Rico Quarry, Jacomino Distribution, Municipality San Miguel de Padro'n, City of Havana, subject to size to prevent of provisional prison by this one Cause and defended by the Lawyer Jorge R Betancourt Ortega.
JUAN ADOLPH FERNANDEZ SAINZ, natural of Pine of Rio', fifty and four years of age, son of Adolph and Clara, with university scholastic level, of married civil state, without I tie labor and neighboring of Belascosin Street five number four hundred sixty and apartment nineteen between Ditch and Health, Municipality Habana Center, City of Havana, subject to size to prevent of provisional prison by this one Cause and defended by the Lawyer Amelia Rodriguez Cove.
MIJAIL BARZAGA LUGO, natural of Granma, son of Manuel and Gladis, thirty and five years of age, with twelfth degree of schooling, without I tie labor and neighboring of seventeen Street number two hundred thirteen between six and eight, Distribution Extension of San Matías, Municipality San Miguel de Padro'n, City of Havana, subject to size to prevent of provisional prison by this one Cause and defended by the Lawyer Amelia Rodriguez Cove.
NELSON ALBERTO AQUIAR RAMIREZ, natural of City of Havana, fifty and seven years of age, son of Jose Alberto and Charity, with scholastic level technical means in electronics, of married civil state, without I tie labor and neighboring of Street twenty-eight number one hundred, between seventeen and nineteen, Forbidden fifty and seven Distribution, Municipality Seat of the Revolution, City of Havana, subject to size to prevent of provisional prison by this one Cause and defended by the Lawyer Amelia Rodriguez Cove.
Acting like Public prosecutor: The Lawyer Carlos Silva Pugo.
BEING PONENTE THE JUDGE: LAWYER ARMING TOWERS AGUIRRE.
FIRST BEING: Section First
Proven that the defendant assured Martha Beatriz Roque Cabello from kill some time dedicates itself to make activities directed to the destabilization and disrepute of the Cuban State, supporting the campaigns that in this direction foments and develops the Government of the United States of America, reason why as of the month of thousands December of two one created a Web site in a North American servant of Internet, for use of the self-appointed Cuban institute of Independent Economists "Manuel Sanchez Blacksmith", the one that used propagating articles and works that disfigured the total reality economic Cuban making responsible and totally to Government of Cuba by the economic crisis that lives the country, without never recognizing the consequences that in that order derives from the well-known policy of economic aggressiveness and blockade whereupon the own American government tries to ruin the freedom and firmness of the Cuban town.
Thus in these publications the mentioned defendant appeared like President of the aforesaid Institute that is not new recruit in the Registry of Associations assigned to the Ministry of Justice of the Republic of Cuba.
In the referred Web site, which the encartada Roque Cabello entered traverse the denominated computer science direction: www.cubacei.org, the same one established bonds with other Web sites of the Government of the United States and been contrarrevolucionarias organizations in this country, such as the call National Foundation Cuban-American, Brigade two thousands five hundred six, the Office of Interests of Washington in Havana and badly called "Radio Marti '."
Thus the things, during two year two thousands the encausada Martha Beatriz insisting on his to act antilegal granted several interviews to before alluded to emitting contrarrevolucionaria "Radio Marti '", financed by the North American government in who also it offered information partial and distorted about Cuban the sociopolítica and economic reality, those that were disclosed by this transmitter with the objective of subvertir the legal order in the country and feeding the campaigns on disrepute the socialist State of Cuba, directed by the same government of the United States.
With similar intentions, the judged Roque Cabello in year two thousands two I make numerous journalistic articles on economy, with such personal approaches from hipercriticismo to the Cuban Government with respect to the difficulties that in the economic order the country crosses and total amnesia in relation to the new outbreak of the blockade economic of which the same object by the American government, whose writings were published in capitalist magazines of countries, such as the magazine "Encounter with the established Cuban culture" in Madrid, which published one of mentioned articles titled "the transition to the democracy in economic Cuba," Some considerations "and the magazine" Carra of Cuba ". [ ilegible ] of the Freedom number fifteen of two thousands two, printed by Eagle Inc. Lithographers. Miami that disclosed the titled article "Chronic of the Island. Without human rights ", whose organs of press are united to those of the United States in the campaigns difamatorias of the Government of the United States against the Cuban revolutionary State.
For the execution of combat operations previously related, the incriminada Roque Cabello received sufficient financing and a considerable material aid, fundamentally of the Agency the International of Development of the United States, through the president of the Support battalion to the Dissidence, resident citizen in the United States Frank Fernandez Trujillo, obtaining to ventajar economic and of other classes.
Also the indicated one maintains Straits nexuses with diplomats of the Office of Interests of Washington in Havana like the ex- female leader of this Section Vicky Huddeston and his successor James Carson from whom it obtained advising material information and means for the best performance of his subversive activities, which included the recruitment of those gratificados people had to add itself to the group of onerously by these services to the North American government in its policy harassment to the Cuban revolution.
With date twenty of March from two thousands three to eight in the morning took place a registry to him in the address to the defendant Martha Beatriz Roque Cabello on the part of officials of the Direction of Penal Instruction of the Department of the Interior, taking care hundreds of bulletins, pamphlets, books, and published magazines abroad, many of which, with contrarrevolucionario content, they were provided to him by civil employees of the Section of Interests of the United States in Cuba. Also five radios took care marks to TECSUN model to him R nine hundred seventy (R 970) that by the different frequency bands which they have allow to catch the twenty frequencies by which it transmits the subversive transmitter with seat in Miami, unfortunately well-known by "Radio Marti '", whose radios gave them in the mentioned Office of Interests for their distribution between groups of Cuban dissidents. A microcomputer took care in addition marks Gate, a printer and a fotocopiadora Cannon mark, a microrecorder, diverse compact discs and facsímile mark Panasonic that was sent to him by before mentioned Hernandez Trujillo, in whose equipment information was contained about members of the contrarrevolucionarios groups of extreme right of Cuban exile in the United States, between which are Ileana Rosa Lethinan and the Lincolns Diaz Ballart both North American congressmen of well-known antiCuban political perspective.
That the defendant Martha Beatriz Roque Cabello, of the other generals and circumstances that consist in cars, is a person who the present time does not participate in the activities of the social organizations and masses in its place of residence. Subsequent to year thousands nine hundred ninety began to tie to contrarrevolucionarios grupúsculos and ejecutoramente were sanctioned in the Cause Number four of thousand nine hundred ninety and eight of the Room Crimes Against the Security of the State of the Provincial Court Popular City from Havana to three years and six months of deprivation of freedom by the crime of Other Acts Against the Security of the State to commit sedition.
Segundo Section
Proven that the defendant Arnaldo Ramos Lauzerique from year thousands nine hundred ninety and two began to be related to dissident members of contrarrevolucionarios grupúsculos, to some of whose organizations cattle integrated itself information, knowledge and methods battle to mine the foundations of the Cuban revolutionary State.
Thus the things, the referred one judged after to have received a letter of the defendant Roque Cabello inviting it to integrate itself to the self-appointed "Institute of Independent Economists of Cuba" entered this with the position of Vicedirector, becoming the main collaborator of the defendant Martha Roque in the publication writing on the supposed Cuban economic reality, distorting this materiality when disclosing it in Internet through a pagina Web pertaining to the aforesaid Institute, with views to that this information was used by the North American government in its plans of blockade and campaigns of disrepute of socialist State EC Cuba.
In this period the accused Ramos Lauzerique persisting in his destabilizing intentions wrote several articles debating on the functionality of the institutions of our country, those that he published in means of press of other countries as it happened with one titleholder "Trip to the Seed" with the same hypercritical and partial approach.
As it compensates to the accomplishment of the previous activities the encartado Arnaldo Ramos received in multiple occasions financing of the government of the United States from which it obtained economic and material benefits.
Day 19 of March of 2003 a registry in the address to the mentioned criminal took place to him in who six radios took care to him marks tecsun and kaiwa given by the Office of Interests of the United States for their distribution between the dissidence of wage-earning which they work for agencies of the American government.
That the defendant Arnaldo Ramos Lauzerique of the other generals and circumstances that are left briefed specifically, is a person desafecta to the revolution that did not participate in the activities of the organizations of masses of its place of residence does not have I tie labor and criminal records do not consist to him.
Section Third
Proven which the defendant Nelson Moliné Hawthorn from kill some time comes dedicating to participate in activities of subversive character against the State and the Government of Cuba, receiving for it financing of the government of the United States, as long as these activities attempted against the stability of the State and its prevailing social order, in the Registry of Associations assigned to the Ministry of Justice of the Republic of Cuba dedicating itself since then to the information search on supposed right delos violations of the Cuban workers those that he published through foreign means of Press, such as "Prime New Agency" for the sake of which this information was used by American government in its policy of isolation and blockade to Cuba.
Thus the things, in January of the present year the judged Moliné Hawthorn insisting on its subversive intentions against the Cuban government badly granted to the contrarrevolucionaria transmitter call "Radio Marti '", been in the south of Florida, an interview in which forms unilateral and willful it offered information adulterated with respect to the reasons for several haltings made by the competent authorities of Cuba, doing valuations in the same sense in relation to the political importance of these arrests, all it with the objective solved one of which the mentioned information outside used in campaigns of disrepute against Cuba by all that that is against the Cuban regime, including the North American government.
Day twenty of March of the this year, agents of the Department of the Interior carried out a house search to him to the referred one indicated taking care of multiple books and magazines, foreigners with subversive content, several electronic means and of another nature given by diplomats of the Section of Interests of the United States for the accomplishment of these activities sedititious, a credit card of TRANSCARD by means of which "Group of Aid to the Dissidence" received financing of the contrarrevolucionaria organization (GAD), domiciled in the south of Florida, as well as a directed letter, as its president of the "Confederation of Democratic Workers of Cuba", tothe Latin American Summit of Chiefs of State celebrated in Dominican Republic in which it asked for the application from sanctions to Cuba by conjectured violations of the rights of the Cuban workers, following the policy of campaigns of degradation of the Cuban State that articulate by the government of the United States of America.
That the defendant Nelson Moliné Hawthorn, of the other generals and circumstances that consist in cars, is a person who does not participate in the activities of the organizations of masses in her place of residence, she meets with desafectos elements to the revolution, pose I do not tie labor and has criminal records by ejecutoramente to be sanctioned by the Popular Provincial Court of You take care of of Havana in the Cause number two hundred eleven of thousands nine hundred ninety and six to two years of deprivation of freedom by the crime of Attack.
Section Fourth
Proven which the defendant Juan Adolph Fernandez Sainz in the period that includes the year the two thousand two and first months of two thousands three, published to it united of a Web site in Internet at which it is arrived by means of the electronic direction www.nuevaprensa.com and that is located in a North American servant, diverse journalistic articles with subversive content on varied subjects of the Cuban society, with the evident objective that they were used by all competing forces to the revolution in his campaigns difamatorias against the Cuban State, between which the government of the United States is included.
Also judged Fernandez Sainz persisting in their contrarrevolucionarios intentions in years two thousands two and two thousands three, granted diverse interviews and I formulate declarations to the reactionary transmitter "Radio Marti '" in whom ] and distorted of the Cuban reality provided to information [ ilegible and its state institutions, all it obeying the dictations of the policy of loss of prestige of the Cuban State that tries to take to routes in fact the American government, to the aims to confuse to the public opinion and to destabilize the Cuban revolution.
That the defendant Juan Adolph Fernandez Sainz of the generals and circumstances that consist in cars, is a person who does not belong to the social organizations and of masses in her place of residence, she does not have I tie labor takes a comfortable way of life and criminal records do not consist to him.
Section Fifth
Proven which the defendant Mijail Barzaga Lugo in year two thousands two wrote in condition of "independent journalist" in different sites from Internet, such as cubanet, cubaliberal and payolibre, first of them financed by the agency of North American government USAID, diverse articles of subversive and contrarrevolucionario cut, with the tangible objective of that they were used in the campaigns of demerit against the Cuban socialist State, that carries out the government of the United States in observance to its economic policy of blockade and international isolation of the country.
Thus the things in years two thousands two and two thousands three, the aforesaid one judged granted to the antiCuban transmitter and reactionary "Radio Marti '" diverse interviews in which attack subjects of the Cuban society offering partial and deceptive information, those that were disclosed by this transmitter against the legitimate interests of the town of Cuba and in line with the policy that in that sense indicates previously; it has been drawn up by the North American government.
The encartado Barzaga Lugo, by the accomplishment of the narrated activities between received in several occasions financing of governmental agencies of the United States as it is the case of the USAID, obtaining monetary benefits and of other sorts.
That the defendant Mijail Barzaga Lugo, of the other generals and circumstances that are left briefed specifically, is a person who is related to desafectos elements to the revolution, she makes manifestations public of the activities that make against the Cuban State, does not participate in the activities of the social organizations and of masses instead of residence, she does not have I tie labor and criminal records do not consist to him.
Section Sixth
Proven which the defendant Nelson Alberto Aguiar Ramirez interested in obtaining economic benefits of the government of the United States through his agencies or Office of Interests in Havana, so and as happens with the people who with this aim are recruited in the country to execute acts of conspiracy against the socialist State, from the month of September of two thousands two to February of two thousands three distributed by order of SINA fifty radios it marks tecsun model R nine thousands seven hundred one different dissident citizens with the purpose of which they requested to disappoint with quality the twenty frequencies by which it transmits the transmitter contrarrevolucionaria "Radio Marti '" and the rest of the reactionary transmitters been that in the south of Florida that directs subversive transmissions against Cuba.
Thus the things day twenty of March of two thousand three, combined forceses of the Department of the Interior made a registry in the address of the referred one encausado Aguiar Ramirez in whom they occupied abundant Literature of contrarrevolucionario content, sent in some cases by the own president of the GAD in Miami. Frank Hernandez Trujillo, masked in packages of foods and others provided by diplomats of the Section of Interests of the United States in Cuba, seat where the incriminado mentioned one was used to visiting frequently in search of material directions, information and resources to develop its sedititious activities.
That the defendant Nelson Alberto Aguiar Ramirez, delas other generals and circumstances that consist in cars, is a person who praises the violence like via taking to routes of facts her contrarrevolucionarias activities, she is related to desafectos elements to the socialist State, she does not have I tie labor and criminal records do not consist to him.
SECOND BEING:
That the Court formed his conviction on the facts that are declared proven, appreciating for it the ample documentary material that consists in the file of preparatory phase fundamentally the one that consists of the complementary investigations and certifications of criminal records of the defendant sent by the Central Registry of Sanctioned, with that demonstrates what in the factum it affirms in relation to the social conduct of such, as well as with respect to the judged Martha B. Roqué and to the faced Nelson Moliné Hawthorn the criminal records that in their cases are narrated. In addition the resolutions are appraised and acts of entrance, registries and occupation in the addresses of all the defendant, love of fototablas ilustrativas and documents occupied in these house searches with which the expressed thing in the factual story in relation to these individuals is confirmed. Of equal way were valued expert works made by Laboratory Central of Criminology that turned on the revision of the receiving radii occupied the defendant Martha Beatriz Roque Cabello, Arnaldo Ramos Lauzerique, Nelson Moliné Espino and Juan Adolph Fernandez Sainz in that concludes that equipment investigated is in good state technical, that some in our country, who by their design are average suitable to recepcionar transmissions from the outside and that the twenty frequencies used by the subversive transmitter "Radio Marti '", contrarrevolucionarias phons are not commercialized commercial network and the transmitters of the south of Florida against Cuba they can be caught by receiving sayings with high quality; on written by hand texts of the defendant Hair Roque in whom it is arrived at the conclusion that the sent texts have identificativo value determining that their fist and letter were made by like it is probable that they are made by judged happiness; on computer science means in the own case of encartada Martha B. Roque concluding who the occupied means and personals to the Laboratory are in good state, in whose supports of data they appear tracks of documentary and graphical archives, whose content of contrarrevolucionario character was subscribed or sent by national and resident people abroad; was in addition information to representatives of organizations of extreme right of Cuban exile in the United States, digital photographies and electronic correspondence that by their content and mechanisms of formation the bonds of the indicated Roque Cabello in contrarrevolucionarias activities in the outside in addition to expert work made to facsímile prove marks to brother occupied the judged Juan To Fernandez in who the indentificadores of the same one recovered, as well as the number remote access, being these "Shared in common Party", Democracy and 159", respectively, [ ilegible ] of twenty telephone numbers and faxes and the expert work on mecanográficos texts and whose occupied to the encartado Nelson Alberto Aguiar in that one concludes that the sent texts have comparative value being probable that zero zero zero four hundred fifty were made by the maquina to write sent to mark robotron number and the five and impressions of the investigated dies were made with the die sent to the Laboratory like the red present in the die and the pad sent presents/displays chemistry-physical properties and characteristic similars to the used ones in the present dies in the evidences that appear in sent documents. Also the other documentary such as certifications of the Unit of Protection to Diplomatic Seats considered in which it is reflected that the defendant Martha B. Roque, Arnaldo Ramos, Nelson To Aguiar and Juan Fernandez periodically visited the Office of Interests of the United States, the certifications of Financial Agency CIMEN. SA in which they pronounce the amount of money that by concept of remittances received from the United States through the Western Union the defendant Martha B. Roque, Arnaldo Ramos, Mijail Barzaga and Nelson Moliné, I complete that until it had a credit card of Transcard, as well as the certifications of the Agencies of Mensajeria CUBAPACKS by who the encausado Nelson Aguiar received medicines and CUBANACAN EXPRESS by means of which the aforesaid defendant Roque Cabello also received medicines, the certifications of the Director of judged DHI that you credit that the Martha B. Roque and Arnaldo Ramos is usuary of mansejeria by where receive documents and Literature of the outside the certifications of the Company de Telecomunicaciones de Cuba SA where the telephones and successive international calls to the United States on the part of the defendant Roque Cabello, Ramos Lauzerique, Aguiar Ramirez and Molina Hawthorn and the certifications of the Director of the Registry of Associations are briefed assigned to the Ministry of Justice in which it is authenticated that the "Institute of the Independent Economist of Cuba", the Cuban Informed Agency "and the" Confederation of Democratic Workers of Cuba "do not appear new recruits in this Registry.
Also the opinions were valued on publications occupied to the defendant Martha B. Roque in whom test which such they received these with contrarrevolucionario content, as is the magazines "Letter of Cuba" and the book "Martí in the Cuba of today", among others, those that by their content although articles contain of varied invoices the common denominator is to emphasize in all the possible one what can discredit to the Cuban State with partial information and distorting the Cuban reality as well as other journalistic works and union and social thematic articles with of economy, policy, right, written up by the defendant with the same approach of hipercriticismo towards the State and the Government revolutionary without making reference some to the aggressive policy of the Government of the United States against Cuba; also the information of the Center of Monitoreo and Ana'lisis of the Radio Enemy, pertaining to the Cuban Institute of Radio and Television were considered in which the periods and content of the information published by Martí Radio are briefed and that were provided by the defendant Nelson Aguiar, Mijail Barzaga and Nelson the Molines and the unit report of Businesses ENET of the Company of Telecommunications of Cuba in which the telephone numbers of the defendant are reflected who in the historical story talk about that they used this network to thus accede to Internet through his servants using for it cards PIN who are only sold foreign citizens you call to account permanent or temporary, like a tourist or other categories of foreigners who are in Cuba.
The Room also analyzed the pertaining to a witness one practiced in the oral, consisting of judgment the declarations of Ramon B. A'lvarez, Evelio Vilarino and Given Jorge, those that know the defendant Martha B. Roque and Arnaldo Ramos gave faith of which such publicly they are related and the judicial instructors Ariel meet with people desafectas to the Revolution Ruiz, Jose Luis Vilches and Luis Emilio Cadaval those who ratified all the expressed one in the conclusivo report and explained with luxury of details the form in which they were developed the investigation of the imputed facts and their conclusions that agree totally with expressed in the factual story and the declaration of Aleida of the Mercedes Godinez that was agent concealed of the Department of Security of the State infiltrated like civil employee of the Office of Statistics of the Ilamado Institute of Independent Economists of Cuba and the Assembly to promote the civil society in Cuba, being raised that these illegal organizations must like object do counterrevolution distorting the Cuban reality in the outside, denouncement in addition the bonds that they have with diplomats of the SINA in Cuba and with elements of the extreme right of Cuban exile in Florida I raise of coincident form in the factum all the referred one to the financing which they receive these organizations of the government of the United States through contrarrevolucionarias agencies like USAID, organizations like the Support battalion to the Dissidence or publications this cut as SEA by Cuba also abounded on the communication channel by electronic mail through the obtaining with cards PIN or by telephone route with radio transmitters, organizations or other contrarrevolucionarios personages of Cuban exile Florida, giving details with respect to the paginas Web that with these aims they have in North American servants, who sometimes the meetings of these grupúsculos were held in the own premises of the seat of the SINA or the residence of the heads of the same one, needed that the judged Arnaldo Ramos is the person of confidence of the defendant Martha B. Roque for all these activities and that Juan Adolph Fernandez fungía in the relations you publish of before mentioned Assembly and that Mijail Barzaga evolved as independent journalist of the same one added that Nelson Moliné also maintains bonds with a deserter ex- leader of the Power station of Workers from Cuba to which offers information him on supposed violations of the rights of the Cuban workers and ratified that through the USAID and from the GAD they received cassettes of video, subversive publications and Literature as well as other means with these aims, raising who the supreme aim of these illegal organizations is to make proselitista work against the revolution within the population.
The Court analyzed in addition the information to the experts in the act of the oral judgment those that ratified in all their parts which consists in its expert works that build to fojas of file of preparatory phase and the confession of the defendant who did it in the oral judgment that in the fundamental thing the imputed facts, denying as admitted to their rights agreed to receive monetary allowance some of the North American government by the accomplishment of the activities that are described in the historical story.
THIRD BEING: That the Fiscal Ministry maintained and I elevate to definitive its provisional conclusions that they build to folio from the one to the eight of the roll.
QUARTER BEING: That the licensed defender Amelia Rodriguez Cove maintained and I elevate to definitive her obrantes provisional conclusions to folios thirty and four, thirty and five, thirty and seven, thirty and eight and forty, while the licensed defender Jorge R. Betancourt modified his provisional, visible conclusions original to folio the thirty and nine and modifications to folios sixty and eight and sixty and nine of the roll.
FIRST CONSIDERING: That the facts that are declared proven constitute the crimes of Acts against independence or the territorial integrity of the predicted and sanctioned State in I articulate ninety and one of the Penal Code with respect to the defendant Martha B. Roque, Arnaldo Ramos and Nelson Moline and of penal infractions anticipated in four articles section first and second interjection letter b and seven section first and three of the Law I number eighty and eight –of protection of national independence and the economy of Cuba in relation to the six defendant Juan Adolph Fernandez and Mijail Barzaga, as well as articles section first and eleven of before mentioned Law with respect to the defendant Nelson Alberto Aguiar, every time aperrillados the Roque Cabello, Ramos Lauzerique and Moliné Hawthorn in interest of the government of the United States of America disclosed information partial and distorted of Cuban the economic and sociopolítica reality contributing to the disrepute campaigns that affect the integrity of the Cuban State, being due to interpret in this step I finish integrity in their single ampler and not restricted meaning to the physical integrity, that is, that includes the moral integrity of the State that also is affected with the continuous campaigns difamatorias on the same one. Also corporifica the crime described for the defendant who name Fernandez Sainz and Barzaga Lugo because they provided directly and by means of the third government of the United States of America, his agencies, dependencies, representatives or civil employees, information to facilitate the objectives of the Law "Helms Burton", the blockade and the economic war against our town, directed to break the internal order, to destabilize the country and to eliminate the socialist State and the independence of Cuba, having made the fact with I animate of profit and by means of gift, renumeración and compensates, collaborating for this with the transmitter "Radio Marti '" and others of the south of Florida, thus like magazines and other foreign means of diffusion and with respect to the defendant who names Aguiar Rodriguez, since he accumulated material of subversive character of the government of the United States of America his agencies, dependencies, representatives and civil employees to support the objectives of the Law "Helms-Burton", the blockade and the economic war against our town, directed to break the internal order, to destabilize the country and to eliminate to the socialist State and the independence of Cuba, receiving for them average financiers, materials and of another nature coming from the government of the United States, his agencies dependencies, representatives, civil employees or private organizations.
SECOND CONSIDERING: That the defendant are responsible penal in concept, of direct authors of the crimes imputed by them to have executed by themselves in accordance with settled down in the article the eighteen section first and followed interjection letter of the Penal Code.
THIRD CONSIDERING: That derived from the commission of the crime modifying circumstances of the criminal responsibility do not concur in this case.
QUARTER CONSIDERING: That the criminal responsibility takes with himself the obligation of civil character to compensate the damages and damages produced by the action, in agreement the established thing in article seventy of the Penal Code, not being originating in the present case.
FIFTH CONSIDERING: That to adapt the measurement of the imposing sanction Court considers the foundations of articles twenty-seven and forty and seven both of the Penal Code, appreciating for them who the defendant Martha B. Roque and Nelson Moliné are reincidentes, being to him of application to the first established in five article fifty and section third interjection letter to and the second the interjection letter and of the own section and article of before mentioned legal body noun. That the Court considered in addition that is remade special social danger, because they affect hierarchized values as they are the security and integrity of the socialist State and the independence of the country constantly threatened by the aggressive policy and of blockade instituted by the successive governments of the weightier imperial Earth power against a small and worthy country, demonstrating the defendant total inescrupulosidad in his to act when getting ready against its town servilely to the interests of this foreign power with the only motivation to make of its dissidence an average one to obtain a rich personal standard of life, because the Oldest form is not tried here to repress opposite ideas but and universally repudiada of the treason reasons by as the Room esteem that in this case the aims of the sanction were reached with severe pains of freedom deprivation because they do not show the defendant in his behavior after the crime, contrition indication some that makes suppose real possibilities of amendment.
WE FAILED: That we must sanction and we sanctioned in name of the town from Cuba to the defendant MARTHA BEATRIZ ROQUE HAIR like author of the crime of Acts against the independence or the territorial integrity of the State to twenty years of freedom deprivation, to ARNALDO RAMOS LAUZERIQUE like author of the same crime to eighteen years of freedom deprivation, to NELSON MOLINE HAWTHORN like author of the mentioned crime to twenty years of freedom deprivation, to JUAN ADOLPH FERNANDEZ SAINZ like author of penal infractions anticipated in the Law number eighty and of protection of national eight independence and the economy of Cuba, to fifteen years of freedom deprivation, with the accessory sanctions anticipated in the article thirty and seven sections first and second of the Penal, consisting of Code deprivation of right public the same I finish that the one of the penal sanction, as well as one prevails like predicted accessory sanction in the article forty and three sections first and second to him of the own consisting of legal text comiso of the occupied thing.
As far as the occupied goods comiso in favor of the Box Compensation of the Ministry of Justice is had of which they do not comprise of the Cause, and which they build in the file of following preparatory phase to fojas: Volume one: from the five to the twenty-two. Volume two: from the three to the six, from one hundred seventy and the six to one hundred eighty and the six from three hundred the seventy to three hundred seventy and the three, Volume three: from the two to the nine and from one hundred the eighteen to one hundred the twenty-seven.
As far as the measurement to prevent arranged téngase in account the kept one in provisional prison.
Notify this resolution to the parts and remítase copy of this sentence to the Box of Compensation and the Provincial Department of Penitentiary Establishments.
Adviértase to the parts that have I finish of three working days as of the following day and the notification of this resolution to interpose Resource of Abrogation against the same one.
Thus by this one our sentence. we pronounced it, we commanded and we signed.