Havana #8
English (machine translated) | Spanish
POPULAR PROVINCIAL COURT
YOU TAKE CARE OF HABANA
SALA D.C.S.E
Sentence number: EIGHT OF TWO THOUSANDS THE THREE (8-2003)
President:
Caesar Morales Acosta
Judges:
Alicia Valle Diaz
Marks Vinicio Salellas Suárez
Julio Cesar Viaña Galárraga
Virginia Gainza Rodriguez
In Cuidad of Havana, to five of April of year two thousands 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 sixteen of two thousands the three, followed by the crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE. In which they appear like defendant.
EFRÉN FERNANDEZ FERNANDEZ, son of Néstor and Olga, 54 years of age, natural of Havana; Province of City of Havana, of married civil state, vacated and neighboring of the Clavel street number 582 I entered Tulipán and Concepcio'n, Municipality Hill, Province City of Havana, defendant of office by the Lic. Waldo Jacobo Mijans Gálvez and in provisional prison by this cause.
REGIS CHURCHES RAMIREZ, son of Carlos and Isabel, 33 years of natural age of Havana: Province City of Havana of civil state unmarried unemployed person and neighbor of Future apt number 269 4 between B and Beales, Lawton Distribution. Municipality Ten of October: Province of City of Havana, defended by designation by the Lic. Jose Enrique Peace Leonard and in provisional prison by this cause.
ANTONIO RAMON DIAZ SANCHEZ, son of Ramon and Maria of 40 years of age, natural of Havana; Province of City of Havana, of married civil state, vacated and neighboring of 122 street number 2903 between 29 and 31 Reparto Zamora Municipality of Mariano; Province of City of Havana defended by designation by the Lic. Carlos Enrique Navarro Duarte and in provisional prison by this cause.
OMAR RODRIGUEZ YOU SALUTE, son of Jesus and Olivia of 37 years of age, natural of Havana: _ province of City of Havana, of state civil marry vacate and neighboring of street C number 41 between Weapon and Maria Rule, Municipality of Ten of October, Province of City of Havana defend by designation by the Lic. Antonio Lorenzo Hernandez and in prison provisional by this cause.
JUAN ROBERTO DE MIRANDA HERNANDEZ son of Jose de Milagro of 37 years of age, natural of the province of Camaguey, married civil state vacated and neighboring of Bell tower number 354 between San Rafael and San Miguel. Municipality of Habana Center. Province of City of Havana defended by designation by the Lic. Jose Angel Garrido Rodriguez and in provisional prison by this cause.
Acting like Public prosecutor: Lic. Enrique Childhood Cricket.
BEING PONETEL THE JUDGE: LIC. TO STOP MORALES ACOSTA
FIRST BEING: Proven that the defendant ANTONIO RAMON DIAZ SANCHEZ, REGIS CHURCHES RAMIREZ, EFRÉN FERNANDEZ FERNANDEZ and JUAN ROBERTO DE MIRANDA HERNANDEZ, all insured by the measurement to prevent of Provisional Prison by these facts, positions in common agreement, because the three first militate in the illegal one and contrarrevolucionaria CHRISTIAN denominated organization MOVIMENTO OF LIBERATION and I also complete in the illegal and contrarrevolucionaria denominated organization SCHOOL OF INDEPENDENT PEDAGOGOS OF CUBA, which have their respective programs of action and they conform elements to the same subversive intentions and noticeable pretensions to obtain substantial sums of money in currency because they know that their services are paid by the Government of the United States of America through their Section of Interests been in Havana with the firm intention to eliminate the Socialist State the Independence and the Sovereignty of Cuba, seted out to support and to collaborate with the Government of the United States of America for the overthrow of the Revolution and of this form to facilitate the annexation from Cuba to Yankee imperialism.
The defendant ANTONIO RAMON DIAZ SANCHEZ, with views to manage his aims to undermine the independence and sovereignty of our Mother country through the overthrow of the Revolution always under the direct trusteeship of the Section of Interests of government of the United States of America in Havana then was oriented, organized, guided, planned and paid his destabilizing activities from year thousands nine hundred ninety by that historically enemy power of our country, date in which paper gets ready to fulfill so denígrate being the selected route it to participate as soon as conspirative encounter of allowed their patrocinadores it in his already mentioned Section of Interests in Havana, site this where it incubates or trasmiten but hostile you order against our town government.
It has been possible to credit to his relations with Ricardo Zúñiga Head of the Press office and Culture of the Section of Interests of the United States of North America of Havana with that contacted so that this it provided an interview to him with Kevin Whitaker, who holds the position of Coordinator of the Office of Cuban Subjects of the Department of State of the United States obtaining his intentions then [ ilegible ] interview was celebrated in the house of James Cason, Head of the Office of Interest of Havana receiving directions and breath so that it continued with brought his and contrarrevolucionaria activity.
Without he can need dates exact but if arched between the months of June and Julio of year two thousands two, I together participate other ringleaders of the contrarrevolucionarios grupúsculos in a lunch of goodbye to Vicky Hiddleston, exjefa of the Section of Interests of the United States of America, where they received indications of his masters Again as well as average financiers and materials to continue in their intentions to overthrow the Cuban Revolution and among other things gave themselves to him there, radios trasmisoras of short wave mark TECSUN, with a great power of pick up for the listening of the transmitters terrorist and pirate that of illegal and immoral form invade our wireless space with views to trasmitir an ample contrarrevolucionaria programming.
He does not conform to his performance and with views to obtain a greater payment by his repudiables services in favor of North American imperialism the defendant DIAZ SANCHEZ dedicated itself to trasmitir information distorted of the Cuban reality towards the subversive emitting radios of the United States of America those that without a doubt some play a preponderant role in the strategy to overthrow the Cuban Revolution also sent contrarrevolucionarios information to the publication Magazine Nueva Cuba Press the one that has like publisher and director to the contrarrevolucionaria of Cuban origin Nancy Perez Crespo been at the present time in the city of Miami the United States of America.
By all it and in payment to their servile attitude the civil employees of the Section of Interests of the United States of America in Havana granted to him happens permanent to their Diplomatic Seat, to facilitate their work like faithful lacayo to their services everything which has served to him to have the possibility of disinforming to the world through the Newspaper New Herald who publish in language ingles and Spanish in the city of Miami.
During the process of instruction, in registry made to the defendant DIAZ SANCHEZ I take care in addition a computer with a its peripheral as well as laptop known by laptop, abundant Literature of contrarrevolucionario content and other documents to him all which were provided to them by the Section of Interests of the United States of America with the purpose of which it used them against the Cuban Revolution.
The defendant JUAN ROBERTO DE MIRANDA HERNANDEZ begins his contrarrevolucionarias actions in year 1994 penetrated in the Embassy of Belgium with the intention to travel to the United States of North America beginning in his sad paper of mercenario to the service of that powerful state later folded itself to grupúsculo contrarrevolucionario and with date nonneeded with exactitude but if framed in the decade of the Nineties with the objective to prevent and to overthrow the established political system in Cuba.
In 1996 he created the illegal one and contrarrevolucionario School of Independent Pedagogos of Cuba of which car was titled its head in addition dedicated to criticize of deliberate and malicious form the objectives of the Cuban system of education as well as it tried to diminish the profits in this sphere of our revolutionary process: Although its supreme objective era to obtain the overthrow of the Cuban Revolution.
That DE MIRANDA HERNANDEZ with views to obtain its marsanos interests tried contacts with the Section of Interests of the United States of America in Havana, as well as other been diplomatic seats in our country, for that reason was associated to the illegal movement of independent Libraries and maintaining one in its own house, that beside the point has a great volume of contrarrevolucionaria and subversive Literature, being provided all those materials by the government of the United States of America through its diplomatic seat in Cuba, and the same via a also received medicines and foods for aids to the internal counterrevolution although also sometimes give medicines to him to other people who they needed.
Frank credited itself to the bonds of the defendant with the contrarrevolucionario Hernandez directive Trujillo of the denominated organization Support battalion to Disidencia (GAD), that is in Miami, the United States of America and is financed by the government of that country and as it shows concrete of this relation it was occupied him to the defendant a Fax equipment and a video flattered by already mentioned Hernandez Trujillo.
As faithful collaborator to the service of the United States was invited to a reception conducted in the seat of the Section of Interests of that country in Havana being present in same the his female leader Vicky Hudleston, opportunity in which the defendant spoke to the guests on the supposed errors of the Cuban educational system as well as trasmitió a great servility and gratefulness without you limit the great empire.
OF MIRANDA HERNANDEZ, in addition to previously narrated, he has bonds with been terrorist elements in Miami as in the connotado case of contrarrevolucionario of Cuban origin Nelsy the Ignacio Castro Matos ringleader of the Parido group of the Town pertaining to ALPHA 66. In the investigativo process a letter directed to the prementioned Matos took care to him where it asked for aid to him for his mercenarias and treasonous activities in Cuba also I seize another letter to him directed by the terrorist and gangster Organization National Foundation Cuban American, signed by its executive director Joel Garci'a occupying him to it also data for the location in the City of Miami de Ricardo Bofill.
OF MIRANDA HERNANDEZ it was dedicated to specially recommend to civil employees of the Section of Interests of the United States of America of Havana and to their section of refugee and also to the department of e'migre's of the Spanish government to name of his contrarrevolucionarios grupúsculos like persecuted assumptions politicians in Cuba so that they were dealed with as sheltered MIRANDA HERNANDEZ received payments by his servile performances of hands of the contrarrevolucionario Frank Hernandez Trujillo and through the agency been in Miami Va INC. Cuba, as it can be appraised by the occupations of the comprobantes of receipts; also several units of the magazine took care to him in their power democracy, subversive Literature that is brought to Cuba by the diplomatic channels of the Section of Interests of the United States of America.
Also they occupied the amount to him of 2080 dollars USD, great amount of medicines, photos, contrarrevolucionaria Literature between which the book stands out the repressive machinery of Cuba.
Defendant EFRÉN FERNANDEZ HERNANDEZ tied to the counterrevolution at the end of the Nineties without he can need dates exact and getting to hold the position of the secretary of the autotitulado one responsible for the contrarrevolucionaria organization denominated Christian Movement Liberation receiving by these services in favor of a foreign state firstly the sum of forty dollars and later the honoraria was promoted up to eighty and six dollars monthly.
As good mercenario the defendant FERNANDEZ FERNANDEZ had to its position the control of the documentation as well as the delivery of money of the different servants from the government of the United States of America that integrated their organization:
Individual that I am credited in the investigatory process with the occupation of great amount of comprobantes of payment and a notebook of financial control of grupúsculos sayings.
In his eagerness to overthrow our Socialist State and to end Cuba as independent and sovereign country has been dedicated of malicious form to disinform to the world through the trasmisiones of false information on a supposed climate of insecurity and state of siege in Cuba, it stops of this form as good mercenario to help its master of the north to maintain the blockade economic and financial against our mother country, with the purpose of overthrowing the Revolution using as average to trasmitir its poisonous messages and badly called emitting pirate and contrarrevolucionaria RADIO MARTI and different foreign news agencies, these information sometimes made when it received calls for such aim and another one the same one towards the calls.
FERNANDEZ FERNANDEZ received from hands of the codefendant REGIS CHURCHES RAMIREZ the sum of thousand five hundred dollars to maintain his badly healthy activities contrarrevolucionarias and to pay the services of other mercenarios.
The defendant FERNANDEZ FERNADEZ, maintains permanent contacts with his masters of the north by medication of civil employees of the Section of Interests that use like clothes and protective shield of its subversive activities its supposed positions of inoffensive diplomats who have equipped it with happens permanent to this diplomatic seat.
The defendant REGIS CHURCHES RAMIREZ, is member of the contrarrevolucionario group denominated Christian Movement Liberation, which has the mission by its patrocinadores to unite outside to all the Cuban contrarrevolucionarios or or within the country.
The defendant CHURCHES RAMIREZ has participated to innumerable encounter with people to the service of the government of the United States of America, with the purpose of receiving indications to improve the conspirative work and managing the longed for dream of the government of that country to annex to Cuba like a state more of the union: in this sense he received and payment to other mercenarios some sums of money and as well as he participated in a campaign of supposed aid to the contrarrevolucionarios prisoners of the country of which one was in charge to put record through the corresponding comprobante of payment, briefing itself always with special care that the mentioned payment was for aid, so and as he had indicated himself to him.
The defendant CHURCHES RAMIREZ, went another one of the guests to the entertainment of gratefulness to the old Head of the Section of Interests of the United States of America in Havana, Mrs. Vicky Hudleston where as good puppets thanked for with their aid as well as its active and instigadora participation against the revolutionary process, actions you infuriate that they posibitaron to him to receive a greater amount of material and financial aid.
That the defendant CHURCHES RAMIREZ, made false accusations to the Cuban Revolution, loaded of hatreds and bad intentions, using to badly called emitting terrorist Martí Radio. Contrarrevolucionaria Literature given by the Section of Interests for the diffusion took care to him in its address, like for example the Cuban Hispanic magazine, Public Arena Letters of Cuba the periodic Transition and others as well as on personal through mail DHL containing other three magazines Arena that had been directed directly to the defendant by Ariel Hidalgo of the Bureau of information of Human rights organization founded by the government of the United States of America.
That the assured defendant OMAR RODRIGUEZ YOU SALUTE of manifest annexionist thought with the noticeable intention to undermine the bases of the political system of the democratic state decided by the town of Cuba, as well as motivated and stimulated by desire to maintain a way of life to expenses and numerous contributions of material and financial resources that the government of the United States of America through the Section of Interests of that country in Havana gave to him, to obtain the overthrow of the Cuban Revolution from year thousands nine hundred ninety and five tied with contrarrevolucionarios groups with the purpose of sending distorted information of the Cuban reality to different illegal publications in ours territory and to transmitters and means of hostile presses to our town and our Revolution in the outside, with the manifest intention to attack the Cuban Revolution in fulfillment of the indications received by the Section Interests of the United States of America in Havana.
As it leaves from his wild race of hostility for our social system and to obtain the overthrow of our government in year thousands nine hundred ninety and five was integrated as reporter in the illegal contrarrevolucionaria grouping denominated Bureau of Independent Press of Cuba with the pretext to give cover when national occurring, but with the true intention to attack the Cuban Revolution distorting our reality and using for it the foreign means use of presses and emitting contrarrevolucionarias been in the United States of America.
With date later, the defendant RODRIGUEZ YOU SALUTE also tied to the illegal agency of contrarrevolucionaria press denominated New Cuban Press like reporter, spreading numerous deceptions and harmful for the processes revolutionary Cuban giving to news coverage to multiple actions of the contrarrevolucionarios grupúsculos through the terrorist transmitter Martí Radius been in the United States of America.
As it leaves from its annexionist pretensions and of the missions allotted to the defendant RODRIGUEZ YOU SALUTE visited in more than thirty and five occasions as of eight year thousands nine hundred ninety and the Section of Interests of the United States of America in Havana, being received and being taken care of in several opportunities by the civil employee of the Press office and Culture of that diplomatic seat Ricardo Zúñiga, with which it simultaneously maintained interchange of diverse subjects of its informative work that received precise information to attack the Cuban Revolution, participating in addition in different encounter with other contrarrevolucionarios and civil employees from the Section of Interests in the residence of the mentioned Ricardo Zúñiga, opportunity in that it received different subversive materials such as news bulletins magazines, Literature and other means in order to develop his work like illegal reporter to the service of the government of the United States of America. Similarly the defendant I visit the consulate of the Section of Interests and the Department of Human rights.
As it leaves from his excellent relations with the Section of interests of the United States in Havana and of their servile annexionist attitude in eight year thousands nine hundred ninety and when occupying the position of female leader of the mentioned Section the civil employee Vicky Hudleston, it was invited to the cocktail of welcome of the same one, participating in this in union of other members of the contrarrevolucionarios grupúsculos.
In year two thousands as it leaves from his hostile work for the Cuban Revolution began to direct in Cuba the illegal contrarrevolucionaria agency New Cuban Press the one that is directed as well in Miami, the United States of America by the Cuban contrarrevolucionaria Nancy Perez Crespo from whom has received with regularity extreme of money by their illegal journalistic activities of frank harassment to the revolutionary process and by the contrarrevolucionarias information that she has provided besides to receive also by different difamatorios articles that trasmite from Cuba, occupying to it several electronic mails sent him from the United States of America in which of she makes reference to the different shipments from money that was done to him.
Reiterating their entailment with the government of the United States of America, in the month of September of year two thousands two, were invited and participated in the residence of James Cason in Havana in the occasion of the presentation of this as new head of the Section of Interests of that country in Cuba opportunity that obtained several subversive books of character to use them in its work of confrontation to the Cuban Revolution.
The defendant OMAR RODRIGUEZ YOU SALUTE is active member of the group of accomplishment of the contrarrevolucionaria magazine and illegal contrarrevolucionaria Of Cuba, which is printed in the Section of Interests of the United States of America evolving in this like photographer, being occupied a unit of the same one of year two thousands three.
During the instruction process they were occupied the defendant to him in registry that was made in its address an eight camera to him casetes of video, twelve casetes of audio, manuscripts of denunciations of contrarrevolucionarios contents made by the defendant, received receipts of money, contrarrevolucionarios books of the Section of Interests of the United States in Havana and sent by the Support battalion to Disidencia (GAD) of Manila pertaining to the Press office and Culture of the Section of Interests of the United States of manual America in Havana of the responsible press office, it guides for his members of the Department of States of the United States of America directed to the defendant and other materials related to its contrarrevolucionaria activity.
Also thousands the two with the direction were occupied him to the defendant RODRIGUEZ YOU GREET a paper printed with an electronic mail of date twenty-nine of November of two Camarapent@Yahoo.com pertaining to same where Méndez explains itself to him on the part of Zeldita the money shipments his to act contrarrevolucionario and the delivery to other ringleaders of contrarrevolucionarios groups to which one ties expressing to him of form direct and decided his unconditional support to the economic war against Cuba and the frontal confrontation to our revolutionary process. Similarly another electronic mail dated the fourteen of December of two thousands the two of the mentioned Celdita took care to him Méndez informs the situation to him into the money shipments.
Between the manifold material and publications occupied to the defendant RODRIGUEZ YOU SALUTE, emphasizes a pamphlet containing the ingerencista irrespetuoso speech pronounced by the President of the United States of America, George W. Bush the twenty of two thousands the two May of a page of the newspaper of New York Times of date thirty and one of May of the own year, where it is appraised to the defendant having exerted its workings like contrarrevolucionario reporter, as well as several leaves written by hand with rough drafts of supposed denunciations and information to send to means of press in the outside.
The defendant RODRIGUEZ YOU SALUTE is possessor of a card of I debit Transcard from the month of nine and ninety September thousands nine hundred by where it has received from the United States of America the monetary aid for its illegal and contrarrevolucionarias actions with views to overthrow to the Cuban Government having the mentioned card at the present time the sum of three hundred dollars American. Also it could determine that it has received financing from the United States of America through Banking Agency Financial CIMEX and particularly it received the sum of one hundred dollars of the Camila citizen Ruiz with direction in the capital of the United States of America.
That the defendant FERNANDEZ FERNANDEZ, with thirty and nine years at the time of the facts and without labor bond of bad social conduct previous to the facts, every time does not belong to the organizations of masses, meets with elements with equal characteristics hers and that logically they are desafectos to the revolutionary process and belongs to grupúsculo contrarrevolucionario does not accuse criminal records.
Defendant IGLESISAS RAMIREZ at the time of the facts had thirty and three years of age and without labor bond, of bad conduct every time he does not belong to the organizations of masses, meets with elements members of other contrarrevolucionarios grupúsculos and this closely tie with civil employees of the Section of Interests of the United States of America in Havana does not accuse criminal records.
The defendant DIAZ SANCHEZ with forty years of age and without I tie labor at the time of the facts of bad social conduct previous to these facts it belongs to a contrarrevolucionaria organization, it participates in alterations of the order and it is related to elements opposed to the revolution does not accuse criminal records.
Defendant RODIRGUEZ YOU SALUTE with thirty and seven years of age and without I tie labor at the time of the facts and of bad conduct previous to the facts every time it does not make no useful activity socially belongs to contrarrevolucionarios groups meets with people desafectas to the revolutionary process and to have narrow entailment with civil employees of the Office of Interests of the United States of America in Havana and does not accuse criminal records.
The MERANDA defendant HERNANDEZ with fifty and seven years of age and without I tie labor previous to the facts then socially it does not make no useful activity and this related to contrarrevolucionarios elements and belongs to a hostile organization to the Revolution as well as it has relations with civil employees of the Section of Interests of the United States of America been in Havana does not accuse criminal records.
SECOND BEING: That the Court arrived at conviction as far as the responsibility from the defendant in the facts by the valuation from the following tests and whatever to the defendant DIAZ SANCHEZ the same one denied its responsibility in the facts that is imputed meaning to him that the manager of the Project Varela giving explanation of each one of the positions admitting single that it acquired a radius to listen to the emitter by Modulated Frequency as well as that nape of the neck received Financing of anybody, as far as documentary the Court considers the obrantes to fojas of consisting of volume V of the file result of the monitoreo made in the Center of Monitoreo and Ana'lisis of the Enemy Radio of the Cuban Institute of Radio and Television in which the information sent by the defendant is appraised DIAZ SANCHEZ in the period January of the 2002 to January of the 2003 in which speaks of the Project Varela and of the visit of the ex- president of the United States of America Carter, it refers that the Government fears to him to the Project and does not speak of him in Mesas Round as well as gives information on some members of the counterrevolution that according to him were mistreated by agents of the Security and another courts by Courts of form unjust act of occupation carried out in occasion to take place the registry in their address day nineteen of March of year two thousands three where they appear related like occupied a computer marks to 41 AST VISION model ASTSUGA LR 14 with serial number C5387033 of use with its plug (broken a computer monitor marks to IBM type 8514-001 with serial number 72-1200 269 in his (broken), a computer tower marks to COMPAQ manufacture the USA with serial number 6511hf 622250 in use, five cables with seven takings for computer a Morse with its taking of use, two portable radios mark to TECSUM P9701 model in 6565 Oam-200-122 and the other Oam-200-11023591 both in use acquired through the office of Interests of the United States of America that is in Havana one laptop Marca Macintoch Power Book, 160 M4550 model with of Fc308NC451 series with his adapter it marks to MACINTOSH M6452 model (Aps-46v) serial number 016921 with his plug all the equipment of broken gray color and within a briefcase of black color mark SHORT two VHS films and a headset of black color happens for two people for the Office of Interests of the defendant and Oswaldo Paya Sardiñas three cards of Christian Movement Liberation twelve cards between which they are one of Kevin Whitaker who holds the position of Coordinator of the Office of Cuban Subjects of the Department of State of the United States of America proves this that demonstrates the relations of defendant with a foreign state in addition in the rest to cards of presentation the tendency of this defendant is observed to be related to civil employees of embassies been in the country great amount of books and magazines all of contrarrevolucionarios cuts between which they are "As I arrive the night" from Hubert Matos, connotado contrarrevolucionario other I title "Your you can librarte" and others of the same content. Complementary investigation where the conduct maintained by the defendant in its zone of residence is reflected being appraised that in spite of not being tie labor which has a standard of life over its possibilities demonstrates that the defendant receives remuneration by the contrarrevolucionaria activity to which result of the Criminalístico Expert work is dedicated related to written by hand texts made by the defendant DIAZ SANCHEZ referring to directions of individuals giving positive result in which the defendant sends congratulations by Christmas of the year 2000 to members of the Clandestine Organization Christian Movement Liberation also accompanies expert work on the technical possibilities to the receiving radius mark TECSUN which does possible to listen to foreign transmitters and that they emit programs specially for Cuba between her Martí Radio meaning that this type of equipment is not commercialized in our country; as far as the pertaining to a witness one one considered the witnesses born in the act of the oral judgment by Reynaldo Ortiz Infante, neighbor of the defendant meaning who same this catalogued like a contrarrevolucionario, because it are expressed bad of the Revolution and in individual of the President of the Council of State and Minister who when the attempt of coup d'etat in Venezuela gave a celebration in its address and always it likes to count what Martí listens by the radio transmitter the one of Lassoed Martinez masterful Noa of school with which the defendant had problems every time as masterful guide entrevistó to the daughter of the defendant for its entrance to the UJC and knowing this the defendant being she in the school this went to the same one in offensive form despite the daughter agreed in being processed, which denotes that the defendant is an element that is against everything what this bond with the social activities oriented by the Government in addition is due to add that the Police Instructor ratified them in the act of the oral judgment in his conclusivo report.
As far as the defendant FERNANDEZ FERNANDEZ the fact I am proven by its own declarations because it admitted his responsibility, feeling sorry of his to act then beginning in that activity soon account even occurred that what it was doing did not have sense as documentary the registry carried out in its address considered to the occupation act where they appear occupied two receiving radios marks to TECSUN R9701 models with two batteries dials to Digitalis serial number OAM 20011023249 and 093200200904886 in use, in its respective case, digital recargadora of batteries marks SAKAR, two batteries marks DIGITALIS, E-218924 series, in use, transformer with feeder black color radio antenna black color headset of black color microrecording gray color SONY mark written by hand model MAXELL as well as documents photos related to the activities to which they came dedicating the defendant, standing out a message of the Christian Movement Liberation directed to the town of Cuba with the arrival of the year 2001 titleholder "Waking up of the Cubans" whose content is completely contrarrevolucionario is as a call to the war also appears a titled writing "the life of the Dissidents and the Life of the Leaders" who this signed by the codefendant DIAZ SANCHEZ and the defendant FERNANDEZ FERNANDEZ and a relative of the codefendant RODRIGUEZ YOU ALSO GREET offensive relations of delivery of money to the members by made works and in one occasion by Christmas gift, in some of which they appear the codefendant CHURCHES RAMIREZ RODRIGUEZ YOU GREET and the own defendant FERNANDEZ FERNANDEZ complementary investigation in which the bad conduct of the defendant is reflected, documents these that they were put under expert work having given positive result when concluding that such they were made by the defendant FERNANDEZ FERNANDEZ we must remember that the defendant acted as Secretary of this organization although besides to receive calls of the outside also made works like independent journalist what Luis confirms itself with the certifico emitted by Jose Ponce Caraballo. Director of the Center the Outer International of the Ministry of Relations the one that refers that the defendant FERNANDEZ FERNANDEZ has been mentioned in foreign means means articles different different of press making reference to his opposite work from the interests of the Revolution and of Cuba, thus in the New titled Herald "Violence against the Opposition in the East of Cuba", building other writings published with such courteous contrarrevolucionarios. As pertaining to a witness the testimony lent by Jose considered Manuel Rodriguez Potter who knew the defendant when he worked like ponchero and in addition that this saw the defendant in the house of Josefina Paya place where many cars with diplomatic plates go and where counterrevolution is made having been able affirm that the same one was the person who was in charge to make the people who went there, the report rendered by the Instrado was listened to by which I ratify its conclusivo report meaning the criminal responsibility of the defendant FERNANDEZ FERNANDEZ.
That the Court arrived at conviction as far as the responsibility from the defendant FROM MIRANDA HERNANDEZ in the facts imputed by the valuation from the following tests declaration from the defendant who admitted the accusation partly giving explanations of the activities that made with the children in the quarter where resides, and that did not consider it that these were with the contrarrevolucionario objective, that is certain that it pretended like President of the Clandestine Independent School of Pedagogos of Cuba; as documentary one act from occupation in the registry conducted in its address considers the obrantes to fojas of Tomo, where he appears occupied the sum of two thousand eighty dollars USD as well as great amount of medicine, scholastic materials specially to be used by the children, which evidence that indeed the defendant will receive medicines for suministrárselos to his contrarrevolucionarios friends letter directed to Ignacio Castro Matos, where the defendant indicates to him that he is friend of the opposition, in which reflects the political position of the same one and where he refers to him that they had awarded a group of children who had participated in the Aid Greeting to the 20 of May, centenary of our Republica, act that denotes the distant spot that this the defendant of which it means this date for Cuba, the one who frame the submission of the turn governments, to the interests of the United States of America, situation to which loves the defendant and his friends, to return, congratulation received, sent by Jose Garci'a, Executive Director of the National Foundation Cuban American, which proves its bond with annexionist elements. Declarations of president George W. Bus on the examination of the policy towards Cuba, pronouncing day twenty of May of the two thousand two, where this it makes a series of uprisings against the Cuban Government, the one who is supported by the organization directed by the defendant, eatable article invoices medicines sent from Miami letter directed to the defendant OF MIRANDA HERNADEZ by the Director of the Cuban Institute Independent Economists Martha Beatriz Roque Cabello, connotada contrarrevolucionaria the one that just as the defendant was stopped in the month of March to be one from the opponents the government and is processing in another cause summarize of shipment of money to the defendant by Frank Hernandez Trujillo, which he is director of the Support battalion to Disidencia (GAD) which is in Miami this organization is financed by the Government of the United States of America reason why it is clear that the defendant received money, to dedicate itself to the tending criminal activity to create a situation of instability in Cuba, that is not but that the intention for more than forty and four years of the governors of the United States of America, informs into the Center of Monitoreo and Ana'lisis of the Enemy Radio during year 2002, where they appear the communications, where the bonds are reflected that the defendant with a similar organization with seat has in Miami, in which the form in which is appraised the defendant, she denigrates on the System of Education in Cuba, and evokes Jose Martí, who never in his fight to obtain the independence of Cuba thought to be put under that system to which thousands the three described it as MOSTRUO written of date twenty-seven of March of two, made by the defendant in whom it recognizes his relations with civil employees of the SINA, and other activities that came making considering that the activities that towards with the children of the district where it resides and that considered that they did not have political objective that this writing was put under expert work to the effects to verify the veracity of the same one, complementary investigation in which it is reflected the personal characteristics of the defendant certification of criminal records, the one that gave refusal, ilustrativas photo-tables of the activities made by the MIRANDA defendant HERNANDEZ, where part of the occupied goods paid attention, among them the dollars, being able to be observed the library in addition accompany writings presented/displayed by the Defending Lawyer to the defendant in whom eleven people indicate that the reviews that the blame his children made they did not pay anything to him, which the Court I misestimate then the defendant I am not imputed of crime ACTIVITY to him ECONOMICA ILICITA, writing is accompanied.
As pertaining to a witness the testimony of the agent of the Security of the State considered "Ernesto" Robert Martinez Hinojosa who the front of this organization referred the form, because the same one is friend of the contrarrevolucionaria Miriam Garci'a Chávez who is in the United States of America which was the President of the Association of Pedagogos and when leaving the MIRANDA country HERNANDEZ, had left and from this position she began to discredit to the National System of Education and received money of Frank Hernandez Trujillo and through the agency been in Miami the Instructor of the case GOES INC. CUBA ratified his conclusivo report in all his parts, considering that defendant is responsible for the imputed facts.
The Court arrived at conviction as far as the responsibility of defendant RODRIGUEZ YOU SALUTE in the facts imputed by the valuation of the following tests: declaration of the defendant which denied to have responsibility in the facts which it imputes the Public prosecutor to him, and refers that its thought is not annexionist sustaining its attitude to that it was expelled from his work and although I make all the legal managements in the different instances was not restituted to its job, as pertaining to a witness Trujillo Velis considered the witnesses born by Illuminated Felipe, Emilio Eliades Macia Licea, Ambrosio. Ambrosio Perez Aldo Lara Cruz and Caridad Cruz the neighboring Sanchez of the defendant in the place referring an incident in which the defendant incurred occasion to be carrying out the scrutiny of the elections on the act of repudio that took place to him in an occasion, that all know that it works as photographer and claims to be independent journalist and that he graduated like so in the SINA: it was clarified in these interventions that the defendant RODRIGUEZ YOU SALUTE photographed places that by their state gave a distorted image of the Cuban reality, which sent fundamentally to be published in the outer press and of contrarrevolucionaria cut, also I am clarified that the same one lived with levels superior to the rest of the neighbors in spite of being a person who did not have labor bond: also the testimony of the agent of the Cuban Security named Robert considered Martinez Hinojosa known by "Ernesto" who jointly coexisted by several years forming part of the competing sectors and member of the Party of Human rights in Cuba with his wife also agent of the Organs of the Security of the Cuban State, being able to notice itself of the activities that made the defendant and other titleholders independent journalists among them the codefendant CHURCHES RAMIREZ could refer in addition the existing struggle among them by the obtaining to more money, than it was personal of the outside, also he talked about the different magazines that sent their writings and they published it appearing nonsingle his names but also photos hers his entailment with SINA, I speak also of Nancy Perez Crespo which it provided it sum of money, like support to opponents of Revolution Cuban, as documentary one considers the obrantes documents to fojas of Tomo II from the file, where stand out many of photographies taken by defendant RODRIGUEZ YOU SALUTE, where the depressing state of the place and the people is observed that appear in the same ones, which demonstrates the unhealthy intentions of these photographic takings, as far as writings, published by the defendant, such they have a contrarrevolucionario cut with date 14 of 1997 July. Cuba Netnews publishes "Smoothed the address of Jesus Llanes Pelletier and stopped its wife". First of Julio of the own one in the mentioned organ of press it publishes a titled document "Arrested Cuban doctor who alerted on the Dengue" that in addition was published with special character by the New Herald, as well as other writings whom nothing they have to do to improve the Cuban society, but to match to his master then this writing are loaded of poison, certainty of which the writings of the defendant are mentioned and published in means of foreign presses making reference to their opposite work to the interests of the Cuban Revolution, sent by the Director of Press the International of the Ministry of Outer Relations, Jose Luis Ponce Caraballo, complementary investigation where it exposes the social, political moral conduct of the defendant the one that is described as bad, were peritazos the manuscripts that were occupied giving to all positives act of occupation of the registry carried out in their address in which it seems related a recording mark SANYO model TRC1130, series 0311853263, with two batteries of use, a camera in use, marks to BRAWN CANDY, in their case in badly been, another camera marks EXAKTA, model 400, serial number K259358, without roll and of use, another camera SAMSUNG mark serial number 8514303, without roll, a computer battery model PA 24290, nro. P71002004174 of use, twenty-eight casetes of different types, a microphone with its cable a black transformer with its cable, a battery marks to SANYO in its case CR1234 and other consisting of goods papers magazines, the Instructor of the case ratifies its conclusivo report, finding the defendant responsible for the imputed facts.
That the Court arrived at conviction that the defendant CHURCHES RAMIREZ is responsible for the crime imputed by the accusing part, when valuing the following tests: same declaration of which denied the charges, indicating that the organization to which she belongs works from her beginnings to transform the errors and pockets of the civil liberties and leaning in the effective Constitution, have carried out all the steps to solve this situation without obtaining it, referred that is friend of Osvaldo Paja Sardines, that admire it and respect recognizes that the organization gives certain sum of money to certain political prisoners, accepted that the information that transmits in multiple occasions to RADIO MARTI, Cnn and other means, these organs of presses called and the information occurred him, I also explain the form that acquired the radius marks TECSU, that although it was in the Office of Interests of the United States of America in Havana, was a flattery that gave to their mother the one him who is journalist: As documentary one considers obrantes documents to fojas of Tomo four from the file, act of the registry of the address of the conducted defendant day twenty of March of the year two thousands three, in which the following goods were occupied him, an electronic agenda mark OSAMA model 160TRC, photos to color where he appears the defendant, his friend Osvaldo Paya Sardiñas and other people, work made by the defendant with date ten of March not saying the year, with I title "Hope and Reality", in which the defendant, according to, in noble and supported aim in the rights whom he confers to him the Constitution berths the Government of Cuba so that it does not recognize nothing of which nine hundred fifty and nine have been made as of year thousands: in spite of the blockade to which this submissive, is based on its work to the Project Varela and it is evoked to Martí, but no of them in its duro to struggle, by the conquest of the independence of Cuba were alloyed to no foreign power, comprobantes of delivery of money of the person blame different which makes as its leader of the Christian Movement Liberation, as well as of certainty of money given by Oswaldo Paya Sardiñas, National Coordinator of Movimiento Cristiano Liberacio'n (MCL), three transfers of the flag of the United States of America and a card of the organization MCL, opinion where a valuation becomes of the content of magazine LETTER OF CUBA, argumentation where it indicates that it is a magazine of partner-historical-cultural content, that publishes chronicles and the news of independent journalists been in the Island and its collaborators in the outside, all dedicated to Cuba, its present society, its history and its culture, the content of the introduction is described highly as subversive, making a call to this, with the purpose of returning to the republican status, it see the following paragraph, "In Castro they are present all evils of the colony and of the Republica multiplied by this genius of badly…" its interminable forty and three years of power they have been but the destructive ones of ours history, appears another opinion on the own magazine number one, of December of the year two thousands two, that gives the same result, who are their collaborators in Cuba Martha Beatriz Roque Cabello, Rene Go'mez Apple tree, Vladimiro Rock, Gustavo Arcos, Oswaldo Paya Sardiñas, Oscar Elías Biscet and others, accompanies a unit, which was occupied in the address of the defendant CHURCHES RAMIREZ, written of the ex- inmates Felix Boune Carcases and Rene Go'mez Apple tree directed to all the opponents, independent, union activists of the Human rights, dissidents, librarians free and independent personalities of Cuba and in exile, I point out sent by Union of journalists of Cuba, where it is indicated that REGIS CHURCHES RAMIREZ, is not member of that institution, result of the expert work made to the writing made by the defendant and directed to Oswaldo Jose Paya Sardiñas, giving positive result the content of the writing this referred to the Project Varela and the managements that same venia making like manager of the project for its presentation the National Assembly of the Popular Power, result of the complementary investigation although the defendant is not integrated to the CDR, nor to another organization of masses, the rest of its family enjoys nonsingle prestige in the place where it resides, but also in its centers of work and in the Cuban society in general, like more significant aspect is related to the cartoons made by the defendant the CHURCHES RAMIREZ, and that is directed to criticize the figure of the president of the Council of State, Dr Fidel Castro Ruz, which appears to fojas 569 of the file, aspect the this that demonstrates position of the same one with respect to the Revolution which is openly contrarrevolucionaria, to which their relations with elements of defined contrarrevolucionarias conducts are united and that have been sanctioned even as it is the case of Vladimirio rock, as pertaining to a witness the testimony lent by the agent of the Organs of the Security considers of State, known by "Ernesto" and named Robert Martinez Hinojosa, the one that by several years work among them and known close by as is their true intentions as well as that was related to civil employees of the SINA the Instructor of the case I ratify his, conclusivo report indicating that the defendant is responsible for the imputed facts.
THIRD BEING: That the Public prosecutor modifies his obrantes provisional conclusions to fojas three to the seventeen of obrante written the judicial roll accompanying foja one hundred by the judicial roll, in the following sense in the VILLA asks for of TWELVE YEARS OF DEPRIVATION FREEDOM for the defendant FERNANDEZ FERNANDEZ and TWENTY YEARS OF DEPRIVATION OF FREEDOM for the MIRANDA defendant HERNANDEZ.
QUARTER BEING: That the Lawyers of defenders of the defendant FERNANDEZ FERNANDEZ, RODRIGUEZ YOU SALUTE and DIAZ SANCHEZ, thirty and one and thirty and two maintained like definitive their obrantes conclusions fojas: thirty and three, thirty and four, thirty and eight and thirty and nine of the judicial roll modifying its conclusions, the defenders of the defendant CHURCHES RAMIREZ and obrantes MIRANDA HERNANDEZA to fojas forty and one and forty and two, accompanying written that rola one to fojas one hundred one to one hundred the eleven by the judicial roll: first he raises that we are in the presence of a fact gathered in Law no. 88 and indicates an alternative A) that consists of the application of I articulate 8,1 of the mentioned Law and the other. B that is the gathered crimes in articles 103,1 and 2: 208.1 and 2 and 209,1 and 2 all of the Penal Code.
FIRST CONSIDERING: That the facts that are declared proven constitute the crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE, anticipated and sanctioned in article 91 of the Penal Code, since in agreement information appear such Integra then their comisores were executed acts making towards several transmitters and foreign news agencies, tending to give a distorted image of the existing situation in Cuba that does not correspond with the reality, acts these that they have, by object that undergoes damage the independence of the Cuban State and the integrity of its territory, which pronounces in the attitude every more aggressive day, in the governors of the United States of America which made in fulfillment of the interests of the Section of Interests of the United States of America.
SECOND CONSIDERING: That the defendant are responsible penal for the referred crime for authors it to have made by itself so and as establishes 2, article 18,1 and interjection a) of the Penal Code.
THIRD CONSIDERING: That in the commission of the criminal fact if the modifying circumstances of the criminal responsibility concur established in I articulate 53, beginnings a), b) and c) of the Penal Code, been roadside ditch that is a certain fact that the defendant committed the same one by a formed group of two or more people and made it with the firm intention to obtain great benefits, which is demonstrated in the fact that all took as life form this criminal activity what is appraised that such they were not tie to a socially useful activity in spite of being apt physics and mentally for it; causing with his to act serious consequences, because everything it is known that the relations of Cuba with the Government of the United States of America, they have come distorting with the presence in Cuba, of the Head of the Offices of Interests of the United States of America, Mrs. Vicky Hudleston, question that was accentuated with the arrival of the new Head of this Office, James Cason and in such sense they concur, before the extraordinary aggravation of the sanction anticipated in I also articulate 54,2 of the Penal Code, when concurring the three mentioned modifying circumstances.
QUARTER CONSIDERING: That in agreement it establishes article 70 of the Penal Code, the criminal responsibility takes with himself the obligation of civil character to compensate the damages and damages produced by the criminal action the one that does not come the present in case.
FIFTH CONSIDERING: That he happens to adapt the measurement of the taxable sanctions, the Court considers the preceptuado thing in articles 27, 30, 47 and 50, all of the Penal Code, that is primaros violators of the penal norm, without no is tie to a socially useful activity: that the criminal actions committed by the defendant, reveal a high social danger, by the consequences that produce their criminal acts when being directed to destabilize the security of the Cuban State, conducts that worsen given by the situation in which is the country facing a mined single-pole world of threats, interferences, blockade in all you order tending campaigns to destroy the Cuban Revolution being all the defendant their main promoters, when tying with the SINA, is for that reason that considering that his to act criminal responded like intention to put itself to the service of a foreign power, it is precise to then adapt a sanction that is used for the reeducación, in front to the declared intention and behaved shamelessly to organize some from within it forces mercenaria like which it invaded to us by Giron, fulfilling you order of a foreign government or I form armed bands, or assassinated teachers and alfabetizadores, I attack fishing boats, kidnapping, I make thousands of acts of sabotage seeding the terror and the mourning in our country.
WE FAILED: We sanctioned to the defendant ANTONIO RAMON DIAZ SANCHEZ REGIS CHURCHES RAMIREZ, EFRÉN FERNANDEZ FERNANDEZ, JUAN ROBERTO DE MIRANDA HERNANDEZ and OMAR RODRIGUEZ YOU SALUTE as authors of a completed crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the predicted and sanctioned STATE in I articulate 91 of the Penal Code to TWENTY YEARS OF DEPRIVATION OF FREEDOM for the defendant DIAZ SANCHEZ EIGHTEEN YEARS OF DEPRIVATION OF FREEDOM for the defendant CHURCHES RAMIREZ TWELVE YEARS OF DEPRIVATION OF FREEDOM for the defendant FERNANDEZ FERNANDEZ TWENTY YEARS OF DEPRIVATION OF FREEDOM for the MIRANDA defendant HERNANDEZ and TWENTY-SEVEN YEARS for the defendant RODRIGUEZ YOU SALUTE, sanctions that will fulfill in a Penitentiary Establishment of the Department of the Interior, with the accessories of articles 371. and 2 and 43,1 and 2, both of the Penal Code consistent first in deprivation of rights that includes/understands the lost one to the active and passive right to 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 organizations of social masses and by I finish equal to the main sanction as well as the sanction of comiso of the effects and instruments of crime, consists of stripping indirectly to the sanctioned ones of the objects which they served or they were destined to serve for the originating perpetration of the crime as well as of the direct one and of the same one that does not belong to third no person in charge to which the most useful destiny will occur him from the social economic point of view and the devoid goods of utility will be destroyed.
As far as the occupied goods comiso in favor of the Box of Compensation comes to his as establishes article 70 of the Penal Code to knowing, all the goods occupied including both thousand eighty dollars USD, to which the socially useful destiny is due to give him as well as I throw of all Literature books occupied magazines and other documents and that are not to the performances those united that build to fojas 16, 17, 18, 19, 20 of volume I, fojas 137, 138, 139, 140, 141 and 142 of volume II, those of fojas 343, 344, 345 and 346 ofvolume III, those that appear related in fojas 466, 467, and 468 of volume IV and fojas 589, 590, 591 and 592 of volume V.
As far as the measurement to prevent téngase in account the kept one in provisional prison.
Notifíquese the present resolution to the parts and adviértaseles that against the same one can be established the Resource of Abrogation within the THREE WORKING DAY to count of the following day of its notification.
Remítase opportunely copy of this sentence to the mentioned Box of Compensation, as well as to the Main directorate of Penitentiary Establishments of the Department of the Interior.
Thus by this our sentence we pronounced it, we commanded and we signed.