Matanzas #15
English (machine translated) | Spanish
THOUSANDS THREE SENTENCE I NUMBER FIFTEEN OF YEAR TWO
President:
Lic. Maria Mercedes Fagundo Morín
Judges:
Lic. Jesus Ramon Garci'a Ruiz
Lic. Jose Luis Rodriguez González
Gladys Bello Alfonso
Aquiline Register Mud
In Cuidad de Matanzas, to seven of April of year two thousands three. VISTA in Oral and Public Judgment before the Room of the Penitentiary of the Popular Provincial Court of Slaughters, acting in functions of the Room of the Crimes Against the Security of the State of the Popular Provincial Court of City of Havana in the CAUSE NUMBER NINE Of YEAR TWO THOUSANDS THREE followed by HIGHLY SUMMARIZED PROCESS by the crimes of ACTS AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA where figure like defendant DIOSDADO GONZALEZ MARRERO, natural of Slaughters, son of Silvino and Antolina, forty years of age, with seventh degree of schooling, unemployed person, married and neighboring of Street Santa Rita number twenty-nine between Maceo and Santa Teresa the Roque, Municipality of Perico, Province of Slaughters, in Provisional Prison by this cause and represented of Office by the Lawyer Jesus Lauro Riaño Ibañez.
Acting like Public prosecutor Yuleiky Lawyer Hernandez Bernal.
BEING PONETE THE JUDGE: Lawyer Maria Mercedes Fagundo Morín.
FIRST BEING: Proven: that defendant DIOSDADO GONZALEZ MARRERO, of the generals before briefed from year thousands nine hundred ninety and six was united to a group of desafectos to the revolutionary process headed at those moments by the contrarrevolucionario Felix Navarro Rodriguez of the Municipality of Perico, Province of Slaughters, until in date twenty-four of September of thousands nine hundred ninety and eight create their own group and begin to organize and to make activities to favor according to their postulates of the human rights, but of one more a more aggressive form, maintaining bonds with illegal grupúsculos contrarrevolucionario and that existed in the province of City of Havana. For such reason day of nine and ninety December thousands nine hundred the seventeen defendant GONZALEZ MARRERO in union of other opponents to the system revolutionary transfer to Santiago of Fertile valleys in the City of Havana with the objective of being made a human chain and of creating disorder to call the attention for the liberation of political imprisoned assumptions and being to in that place were stopped by the corresponding authorities during several days and from that date the been contrarrevolucionarios groups in the United States began to send to their family thirty dollars monthly through people who did the personal delivery to him in the house, beginning thus their commitments with them; and when returning the defendant puts in his situated house in street Santa Rita number twenty-nine in the Pablado of the Roque, Perico a poster with the text; "THEY ARE NOT SCARED" and was in tune to all volume so that outside heard in most of its block the Martí Radio every day, which brought annoyance between the neighbors who therefore pronounced it; day two of November of nine year thousands nine hundred ninety and the defendant had visited the Office of Interests of the United States in Cuba, having made the first contacts and asking for the exit of the country like political refugee, the one that was denied to him at the beginning of the year two thousands, those that caused that it intensified his actions in that year and day twenty-eight of January of the mentioned year, when it was going away to celebrate the march of Antorchas in the town of the Roque, municipality of Perico, the defendant with a group of their followers left with a flag with the inverted star and began to shout "Fidel Down" and "Down Revolución", thing that the intervention of the workers caused who were reunited there responding with slogans like" Alive Alive Fidel "and" the Revolution to him ", which originated had to retire dedicating the desafectos; they hold meetings in his house monthly and make contact with enemy with the American Cuban Foundation in the United States, from which two the thousands by their executive director receive congratulation by the new year in sent writing the sixteen of December of Joe Garci'a, which stimulates it to continue his diligences to overthrow to the "tyrannous regime of Castro" and day eighteen of two the thousands May of one carry out an act in the Park of Perico by the death of Jose Martí and before the presence of the town who came towards them they go of the place; beginning in that same time to also receive money through the Western Union of different citizens with residence in the United States, the twenty-five of two the thousands October of one receive three hundred dollars, the eight of November and the eighteen of December of equal year receive two hundred dollars and three hundred dollars respectively the one that uses to finance its tasks and of distributing between its members.
In the year two thousands two, after which members of the grupúsculos in the outside contact with him, begin to send the news and articles for the Martí Radio and from the twenty-five of January of two thousands the two sent information like the related ones to: "the reconstruction of the houses affected by the hurricane" Michelle "," Denouncing supposed violations of the human rights in the province of Slaughters "," Insisting not to participate in the votings of the last elections of the Popular Power "," Inconformidad with the visit of the industralists American in the fair of Havana "," Results of the meetings of the group "," Uninformed made by the liberation of the political prisoners ".
Day twelve of September of two thousands the two make an act in the Cemetery of Citron in the Province of Slaughters by the death of one of their members that were one of the representatives of their grupúsculos in that town, fact this that also informs to the Radio transmitter Martí and receive bottoms by means of the Western Union, day five of February, six of June and twenty of June all of year two thousands two where they send one hundred to him, one hundred eighty and three hundred dollars respectively for the activities of his group and the acquisition of equipment that will help to improve the quality of their communication with the United States and of the documents that had to make, receive a computer and money for the purchase of a FAX which do acquiring in the Stores established to the effect in our country one of PANASONIC mark (Rx-fp.101) which transfers for the address of the citizen Jose Vázquez Acosta in the Martí street number seventy and five in the Municipality of Perico, Province of Slaughters to have this one last one installed telephone service and with the use of that equipment sends different writings and messages as of June from year two thousand two different contrarrevolucionarias organizations that they are in the United States; continuous the relations with the opponents Marcel Valenzuela Salt and Yanisset Rivero Gutiérrez, ringleader of a contrarrevolucionaria organization in Miami. Form leaves from the certificates created in August of two thousands the two by the contrarrevolucionario Angel Pablo Polanco Torrejón, that they evolved like Independent Journalist of Noticuba Agency that had to be in favor only conformed of three people in who was defendant DIOSDADO GONZALEZ MARRERO by the province of Slaughters, between whose tasks they had the positioning of posters in places public, with technological means already received. In May of two thousands the two make their first Bulletin to spread in Cuba and in the outside their activities, elaborate folding of all their actions and inform on the watch that made in their address, day eleven of September of two thousands the two, from eight and thirty to eight and forty at night in favor of "the freedom without exile" and talks on the imprisoned brothers like Oscar Elías Bicet, Jorge Luis Garci'a Perez Antune and others, as well as write an article stimulating to the civil disobedience since it had not been possible to overthrow to the regime of Castro after as much persuasivo effort.
Between years two thousands one to two thousands the three already mentioned defendant GONZALEZ MARRERO through official channels received through division CUBAPACK ten medicine packages of forty pounds each one valued in two hundred two pesos with thirty cents dollars, coming from State United, creating an independent clinic in their house and communicating to their coterráneos the possibility gratuitously of obtaining in their house the medicines that needed.
The defendant repeatedly mentioned also commemorated the twenty-four of February of the subsequent years to the fact, by the demolition of the small planes of "Brothers to hides", exposing posters in the public thoroughfare or as opposed to its address such as: "Freedom to the Prisoners political" and "Down the Dictatorship", this last one that was occupied to him within a briefcase in traspatio of its house I lock was stopped the eighteen of March of the present year.
Sixteen of two thousands the three January of the defendant GONZALEZ MARRERO, again visit the Office of Interests of the United States in Cuba, Where it receives Literature printed in that country, in addition they give two radios marks TECSM, shippers of current, videotapes, a printer and all its accessories to him and a digital camera everything what fué occupied at the moment of its halting, next to the Fax and to an amount of medicines, a Verjovina blue color with plate MRM number four hundred seventy and seven and two hundred ten dollars, some of these articles had them kept in different places.
Defendant DIOSDADO GONZALES MARRERO, of the generals before mentioned, is of explosive character, maintained bad conduct social, is vacated and he consists to him that nine hundred ninety and seven had been noticed officially by contrarrevolucionarias expressions in public in year thousands, in three occasions in year thousands nine hundred ninety and nine, one in two thousands the five in two thousands one and four in two thousands the two and fué sanctioned in eight and ninety cause twenty-two by the Municipal Court of Perico, by a crime of Evasion of Prisoners, to a fine of two hundred quotas of three pesos each one.
SECOND BEING: That him Court individually analyzed and as a whole the ample presented/displayed test valuing it of the following form: the declaration of the defendant in the plenary one was detailed and recognized the main facts who was imputed to him being precise when explaining their actions against the revolutionary process what they demonstrated nonsingle his words, but its behavior when showing him to it the Room by means of video the happened thing at the moment of the halting where of forceful form he showed that the objective of all its acts was "to destroy the Comunism and the prevailing social system", clear thirty and nine to the forty and six to the investigativo file on the information spread by Martí Radio in the year two thousand two shipments by DIOSDADO were in addition the examination to documents from fojas GONZALEZ MARRERO where it maliciously distorts the Cuban reality and the effort made by the state for the reconstruction of the houses affected by the hurricane Michelle and describes in one as his articles and it is mentioned very textually: "That is a crime that American industralists come to Cuba to take advantage of the suffering the Cubans, also we are against the rise of the economic embargo" aim of the appointment, demonstrating itself thus its soul of mercenario on the feet of Yankee imperialism and its support to established in the postulate of the "Law Helms Burton", the documentary one of certifico of the ESTECSA of foja ninety and five and ninety and six of the Summary proved the related thing to us to the use of the Fax in the calls that became by telephone thirty seven seventy and two thirty and two where the citizen resides Jose Vázquez neighboring Acosta of Martí Street number seventy and five in the municipality of Perico, witness who demoted in the judgment and of form too much innocent to ours to understand, lent his house for the use of the mentioned one of the mentioned equipment without finding out that trasmitía in him; the documentary one of fojas one hundred four to one hundred the six, one hundred seven and one hundred eight shows the bases to us of its eminently aggressive group, the public certainty and written of one of the acts made and illegality of his grupúsculo being conclusive also the documentary one of foja one hundred nine of already mentioned Summary the consisting of one the "Letter of congratulation of the Cuban Foundation America" received by the sent defendant day sixteen of December of two the thousands in that his Executive Director Joe Garci'a congratulates it and stimulates it to continue: "Defying to the Cuban regime that for more than forty years it has been pressing to our country", being cleared for this one Room which from before that date the defendant and his partisans they are taken care of, directly oriented and financed by these organizations, which corroborates in addition the certifications to the Western Union of Corporacio'n Financiera CIMEX S.A. of foja seventy and five to seventy and seven of the mentioned summary who credit to have received thousand four hundred eighty dollars by this route and the one of foja seventy and eight that certifica to have received by means of Division CUBAPACK ten medicine packages, being credited in fojas eight to the twelve occupations of equipment, medicines and Literature that had the defendant and the documentary ones of fojas one hundred twelve to one hundred fifteen and one hundred the twenty-eight where appears the written Bulletin and elaborated by the defendant of totally contrarrevolucionario cut and stimulating to the social disorder, as well as the certifico of the ESI of Slaughters, of foja one hundred thirty that confirms the access of the defendant by Internet to telephones which they belong "to I conciliate Cuban", organization "planted by the democracy", "marries Cuban democratic" directory "Cuba", which it assures the affirmed thing previously to us, the rest of the documentary evidence helped to certify the visits made by the blame the Office of Interests of the United States in Havana, the money occupied to its wife at the moment of the registry in its genital organs as the police Instructor in his ample exhibition in the plenary one explained well what everything demonstrated without place to doubt its entailment with the facts what together with the pertaining to a witness test practiced with special meaning for the declaration of the witness Gloria Casanova Owners who of convincing form explained that she knew many years ago the defendant and had seen it make manifestations in the public thoroughfare in several occasions with the Cuban flag with its inverted star and shouting slogans "down Fidel" and had heard notifying it by telephones to the Martí radio, because being behind him in an occasion hoping on the public telephone it listened when it said: "here it reports leader DIOSDADO GONZALEZ MARRERO; affirming that in the door of the address of the defendant it existed a poster who nape of the neck took off that it said "they are not scared" and that participated in some of the occasions in which the town left to respond to its competing shouts, but always the replaced one was with revolutionary slogans, and they never attacked it, obtaining that retired, which leaves cleared that the acts
carried out by the small group of GONZALEZ MARRERO they affected the citizen tranquillity, in addition Gloria expressed who knew by her neighbor Maria who lives in her same building and that belongs to the bandita of GONZALEZ MARRERO who if it needed to him medicines that could go to the house of the defendant and who now if he were well because they were sent inside to him was distributing it and in addition vió to make to Maria purchases that habitually did not do, which confirms the conviction of the Room that grupúsculo of the defendant was paid by the United States through the reactionary groups that are there complemented by explained by the Zaida witnesses of the Charity the Ferrer Rock, Enma Rock Owners and the Instructor Juan Carlos Robaina Pine that a count did of how from the year thousands nine hundred ninety and six DIOSDADO GONZALEZ MARRERO that comes from a humble and revolutionary family, began with its misdeeds desafectas and the form in which during all these years it was making done by which it was warned and neutralized in some occasions, happening such of ascending form, and already lately it narrowed still more his relations with desafectos to the process like Marcel Valenzuela, Oscar Aryan, Angel D'fana and Yanisset Rivero Gutiérrez, allowing him to the Room to assure with the examination of the content casettes occupied videos and the documentary one that abounds on their antiCuban conduct, the entailment of GONZALEZ MARRERO with D'fana then both celebrate the call watches that D'fana does weekly in the city of Miami, also considered the expert one that gave proven to the total Security of as they are it the Windy expert Alexander Specialistic Ávila in Radio, that ratifies that the occupied equipment is not commercialized in Cuba and has the characteristic of being multiband, double convection and discharge selectivity and sensitivity and allows to hear transmitters that with no need emit their signal in distant countries of antennas, that in addition adveró the expert work us to foja eighty and eight of the summary; the Licensed expert Jorge Luis Cañizares who formed part of the team of specialists that reviewed the materials, Literatures occupied in the DIOSDADO address and such exposed the incitador character to the destabilization of the social system of the country of one of direct form and another one of masked form, ratifying the opinion that build to foja ninety and eight, ninety and nine to one hundred the two, the rest of the experts which they appeared gave faith of the handwriting of occupied documents and it corresponds with the defendant, as well as the diskettes of computers that reflect the different activities from the group in his you watch and others, and that the examined and occupied medicines are fundamentally made in the United States and not commercialized in Cuba, everything what completes the proven security of the fact.
THIRD BEING: That the operating Public prosecutor maintained his conclusions accusatory, elevating to definitive those that build to fojas from the five to the fifteen of the roll of the cause.
QUARTER BEING: That the defending lawyer of the defendant GONZALEZ MARRERO maintains his conclusions elevating to definitive those of fojas twenty-three, twenty-four and twenty-five of the same roll.
FIRST CONSIDERING: That the declared facts proven integrate the crimes of ACTS AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA that establishes the Law number eighty and eight of date sixteen of nine and ninety November thousands nine hundred; and article integrates in to act of comisor predicted in seven, interjection one of mentioned Law, because in order to obtain objectives of "Law Helms Bulton", which within his postulates it is the provision of resources to individuals that would be used in the national territory to fulfill the subversive and annexionist intentions of the empire, to close the circle of measures of blockades to the Island, to isolate it completely depriving it of the access to the foreign investment and all possibility of external financing and possibility of market, to destabilize the country and the independence of Cuba; since the same one collaborated by means of the shipment of the news and articles by telephone routes to the Martí Radio exposing a distorted reality and responding to the intention before deciphers, texts these also were spread in the United States by newspapers and magazines. Also interjection one and two of Law eighty and eight integrates their acts the crime in eight article because or mentioned the comisor one organized, promoted and made disturbances of the order public in or mentioned intention when executing acts in the public thoroughfare as they were to journey with the chained hands and a Cuban flag, with the inverted star; to shout in public thoroughfare phrases like "Down Fidel", "Freedom for prisoners political", to reunite in parks cemeteries to make acts opposite to processes revolutionary, if we consider that stops our Room, to disturb implies to remove a situation from normal state to another different state, that produces or can derive in a judgment of different things and not admitted by the masses, that it upsets the tranquillity or it alters the prevailing social order or it bothers and it does not require necessarily of a physical confrontation but also can be verbal, as it happened before acting of defendant, and in addition intregra the crime to article eleven of the prementioned Law then the defendant directly and by means of third received money, equipment like fax, radios, camera, etc, materials like books, pamphlets and magazines coming from the government of the United States of his agencies, dependencies, civil employees or of deprived organizations whose interests responded all the facts made by him and distributed a part of the same ones between their desafectos followers to the Cuban revolution.
SECOND CONSIDERING: That criminal DIOSDADO GONZALEZ MARRERO is author of all and each one of the crimes described by the Room, by them to have executed by itself, according to the tenor of article eighteen, separated two, interjection a) of the Penal Code.
THIRD CONSIDERING: That in these judged facts modifying circumstances of the criminal responsibility for the defendant do not concur.
QUARTER CONSIDERING: That these illicit acts did not generate patrimonial nor moral affectations that must be repaired nor be compensated by means of this resolution, for civil responsibility.
FIFTH CONSIDERING: That to fix the sanctions imposed the Court it considered in the first place the personal conditions of the defendant, as well as its criminal records and the gravity of the committed facts you give that his to act fué worsening with the passage of time and nowadays already he was challenging, bold and attacked the own existence of the Cuban State, the loss of the sovereignty and national independence by means of concert with the government of a country that treats us like enemy and whatever it is the moving body that has determined it cannot be worthy of benevolence and respect, because it is a contrarrevolucionario crime that it does not try to make advance to ours Society but to back down it and is the sacrifice much that our town for the construction of a better Society has done, to allow than individual they serve the interests as an imperialistic system that while it exists will be a danger for the existence ours like independent State; and if we know that the right is not more than the will of the expressed dominant class in Law by consequence is the will of the town in the power in our Mother country and is in name of that Town in which we distributed Justice the Popular Courts, severely must be repressed acts like this one, everything according to articles twenty-seven, forty and seven, fifty and five, separated one and three, interjection c)y fifty and be separated, interjection b) of the Penal Code in relation to the main sanction and article three, be separated two from Law eighty and eight from thousands nine hundred ninety and nine in relation to article forty and four, aparatados one, two and three of the Penal Code in relation to the accessory sanctions, being solved as it follows:
WE FAILED: That we must sanction and we sanctioned to DIOSDADO GONZALEZ MARRERO as author of crimes of ACTS AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA and we impose to him like author of the crime anticipated in article seven, separated one, of Law eighty and eight of sixteen of nine and ninety February thousands nine hundred to FIVE YEARS OF DEPRIVATION OF FREEDOM, like author of the crime of article eight, separated one and two from the mentioned Law to EIGHT YEARS OF FREEDOM DEPRIVATION, like author of a crime of article eleven of the norm referred to EIGHT YEARS OF FREEDOM DEPRIVATION and like JOINT SANCTION And ONLY THE ONE OF TWENTY YEARS OF FREEDOM DEPRIVATION, with the accessories of article thirty and seven one and two of the Penal Code of right deprivation that includes/understands the loss of the right to the active and passive suffrage, as well as the right to hold position of direction in the organs corresponding to the political-administrative activity of the State, in state economic units and organizations of social masses and by I finish equal to the privative sanction of of imposed freedom.
The accessory sanction is arranged in addition to confiscación of goods that consists of stripping to the defendant of the goods that were occupied to him in these performances transferring it to the Cuban State which they consist of: five books of injurious Literature, two pamphlets with I title "democratic Letter ínteraméricana organization of the American states", eight photos of a wedding within a church, five photos of meetings, two subversive papers with character content, several slips of paper with annotations of list of games called the small ball, two photographic rolls to color marks INICE, a tin of red color with a label "my aid to the church", a plastic bottle of tablets of alergic medicine a tube of hidrocortisona, a box of tablets of teiazac, a box of ceoxibe (capsules) containing four tablets, a box of valtrex with four tablets and four tirillas loose containing sixteen tablets, three tirillas with eighteen tablets of antidiarrea, fifteen ampulas of ibratropium bromide, a lapicero of blue color with rubber of flock without titled spare part Pensacola Florida, a small nylon with two curitas, a compact disc in its plastic case, a Cassete of video, a card with the title "confederation of democratic workers of Cuba", eight empty boxes of casettes of music, a Cassete with music, cinto green olive tree, eleven papers with subversive writing that contained acts of the competing group, a head handkerchief where it illustrates the imperial eagle with the flag of the United States, a Cuban flag, two radio small mark TECSUN, two batteries, twelve papers written of the game of the small ball, a recording double coffee marks SANKEY of black color and Carmelite, a photographic roll to color with its box marks CONIKA, a book with the title "As Matos arrived the night" from Huber, a paper containing like writing who the municipality of Columbus had appeared posters with contrarrevolucionarios signboards, two shippers with its batteries, a cable of headsets, a notebook of notes, a video equipment marks SAMSUMG, four coats with cement, a bar with I think animal, a Creole apparatus to weld, a briefcase black color, five you exceed of yellow color with the name of Alejandrina independent journalist, twelve newspapers, twenty-two pamphlets with religious content, seven photos of the members of competing groups, fourteen cards, eight pamphlets of religious character, one hundred twenty-five pamphlets of subversive character, a universal declaration on the human rights, a request of inscription of vehicles where plate MRM four seventy appears registered a Verjovina to name of Jesus Churches Alvarez of blue color, a certificate of a recorder of mark SANKEY, a certificate of ownership of a televising mark TRISTI, with a certificate of guarantee of Face KX FP zero one marks folding PANASINIC, fourteen cards with I title "faith in the victory and the freedom will be ours ", eight on a names of citizens Alejandrina and DIOSDADO GONZALEZ MARRERO, two citations to name of DIOSDADO GONZALEZ MARRERO, a receipt of money of the Western Union to name of Reimar González Garci'a, ninety subversive written by hand leaves of character, ten sheets of paper with samples taken from it plants of the different feet of name, twenty-six written machine leaves that have subversive writings, three citations to name of Alejandrina Garci'a, an agenda with subversive content, three sheets of paper with subversive content, a manual of a Fax, a CD of installation of a printer, a maual of one camera mark NIXON, a piece of cardboard written with creyóla that down says "the dictatorship, peace, love and freedom", a postcard to name of the confederation of workers of Cuba, a card of the Popular Municipal Court of Perico, a letter d congratulation of the American Cuban Foundation by the New year, a digital camera mark PHOTOSMA RT three hundred eighteen, four three diskette of and average, a CD, a reader of EC, a cable of printer connection, a WHITE printer of mark, two cartridge of the printer, a cable of connection of the digital camera, a cable of connection of current of micro processor, a card notebook of telephones, two circulations of motos marks Verjovinas, a Fax marks PANASONIC kx Fp one hundred one, a ticket with the denomination of one hundred dollars the USA and two hundred ten dollars that are in deposit.
One arranged in addition to consider that they are indispensable goods to satisfy the vital necessities with the relatives of the sanctioned ones to leave to its free disposition televising black and white, the refrigerator model MNHCK sixteen and ventilators models both TROPICAL mark THRIFTY that were in deposit in their address.
As far as the measures you will prevent of PROVISIONAL PRISON that was dictated opportunely to the defendant stay the same ones to subsist the reasons that that day without effect generated it, until this sentence gains firmness and it is executed, having left the measurement to prevent referred and paying to it to the defendant the preventive one undergone in agreement Law.
Notifíquese is resolution to the Public prosecutor and the defendant, warning him to it of the right that it has to resort it in Abrogation within THREE later DIAS HABILES to the one of the fulfillment of this diligence; and it signs that she is the same one ejecútese according to the terms that contain, getting rid the testimonies that will be necessary to the corresponding organs and organisms.
Thus by this our sentence, we pronounced it, we sent and we signed the judges, whose names to the margin are expressed, by before me the Secretary who Certifica.
CERTIFICO: That it is build-signed and coined faithful and exact copy of his original which in the roll of the cause.