Matanzas #2
English (machine translated) | Spanish
SENIENCIA I NUMBER: TWO OF TWO THOUSANDS THE THREE
PRESIDENT:
Lic. Maria Mercedes Fagundo Morín
JUDGES:
Lic. Jose Luis Rodriguez González
Lic. Jesus Ramon Garci'a Ruíz
Gladys Bello Alfonso
Aquiline Barros Register
In the City of Slaughters, to four days of the month of April of two thousands the 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 EIGHT Of TWO THOUSANDS the THREE, followed by PROCEDURE SUMARISIMO and the crime of ACTS AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMY OF CUBA, where they appear like defendant:
FELIX NAVARRO RODRIGUEZ, of forty and nine years of age, son of Jose and natural Maria of Perico, in this province of Slaughters, citizen Cuban, married, of doceno degree of schooling, agricultural working occupation in the Basic Unit of Cooperative Production "Sergio González" of Perico, perceiving an ascending monthly basic wage to one hundred forty and eight pesos, neighbor of the Peatonal Street number Six, between Seventeen and Field, in the locality and Municipality of Perico, in the Province of Slaughters, PROVISIONAL PRISON by this subject and represented by Mara Lawyer Elena Leon Cruz; and IVAN HERNANDEZ CHEEK, of thirty and two years of age, son of Rosendo and Asuncio'n, natural of Columbus, in this Province of Slaughters, unmarried, with tenth degree of schooling, unemployed person, and neighbor of the Street Table number Thirty and two, between San jOse and Concha, in the locality and Municipality of Columbus, in the Province of Slaughters, PRISON PROVISIONAL by this subject and represented by the Lawyer Amhed Murga Ferrer.
Acting like Public prosecutor the Lawyer Humberto González Figueroa.
BEING PONENTE THE JUDGE: Lawyer Jesus Ramon Garci'a Ruíz.
FIRST BEING: Proven that the defendant FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK knew themselves in year thousands nine hundred ninety and two, in occasion to be extinguishing privative sanctions of freedom by crimes of Enemy Propaganda, in well-known the Provincial Prison of Slaughters like Combined South; site where they arranged that to the fulfillment of such pains they would continue in his contrarrevolucionarias activities. Of such luck that when leaving this Establishment, both criminals contacted in City of Havana with the named citizen Elizardo San Pedro Marín, the one that by that date presided over grupúsculo of desafectos to the Cuban Revolution; deciding with the same one to integrate to it him, to extend it until our Province of Slaughters and to execute here the activities that they had like objective; staying in that group until year thousands nine hundred ninety and nine in which discrepancies between FELIX NAVARRO arise the RODRIGUEZ and Elizardo San Pedro Marín those who lead to that in date twenty-five of nine and ninety May thousands nine hundred the separation will be made specific, integrating then east criminal and encartado IVAN HERNANDEZ CHEEK a new group of desafectos to our revolutionary process along with other resident people in our province, happening to lead this group just conformed own FELIX NAVARRO RODRIGUEZ, whereas IVAN HERNANDEZ CHEEK was in charge of which public relations of that denominated, beginning to a series of meetings to define their plans of activities, receiving Literature of subversive content and against the revolutionary process which studied, debated and distributed between their members, as well as that repeatedly asked for the other people who integrated this group that did not participate in activities of the social organizations and instituted masses in our country nor collaborated in those tasks in which the popular participation was requested, looking for therefore the imbalance of our effective sociopolítico system.
Between the main activities unfolded by encartados FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK to the front of the group of desafectos that agglutinated from the day before mentioned, she was the one to celebrate encounter and meetings in his respective situated addresses in the Peatonal Street number Six, between Seventeen and Field, in the locality and Perico Municipality and the Street Rafael Eagle number Twelve, between Columbus and Gonzalo de Quesada, in the locality and Municipality Columbus, both of this Province of Slaughters, building this one last one where IVAN HERNANDEZ CHEEK resided provisionally and without registering itself of official way since ours territory Michelle was affected by the cyclone; encounter and meetings that took advantage of the criminals FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK ideologically to motivate to the rest of the members of contrarrevolucionario grupúsculo, in order that they executed tending actions to generate a state of anomalous public situations which they were in consonancia with the objectives of the Government of the United States of America to overthrow the revolutionary and popular power in our country, actions in himself that not necessarily had to lead to a direct confrontation with the town, according to instructions that were received by the criminals in the printed materials that were occupied to them in
its addresses.
Between the activities anticipated by them for such aims was the one to make denominated a second national encounter of farmers and Cuban independent cooperativistas, to execute in the site known like Property "the Paulina", in the Municipal territory of Perico, Province of slaughters, and next to day thirteen of nine and ninety November thousands nine hundred, with the objective to diminish the activities of the Latin American Summit of Chiefs of State and Governments that would be made in our country by that date, inviting to foreign members of diplomatic missions and other citizens; coming to draft a document to name of grupúsculo directed by these defendant, by means of which they requested permission to celebrate this activity to the President of the Municipal Government and this one request by a member of grupúsculo in the Office of that appeared, consisting in the writing that: "it would be of great grief to have to celebrate it without the authorization of that Organ"; accompanied in addition of the order of the day of the encounter that never got to be celebrated.
Also, two years back, that is in two the thousands the criminal FELIX NAVARRO RODRIGUEZ, was made accompany by others by his followers, day twenty-eight of January until the bust of Jose Martí, who is located in the park of the municipality of Perico, with the purpose of placing a floral offering to him in name of his grupúsculo, identifying the flowers with a tape allusive dedication to his organization; what it was observed by the people who were in the park, who were irritated before the provocation of the criminal and retired the tape immediately dedication when the desafectos went away.
In addition, two thousands the two in the Park of the Freedom of Columbus prepared the celebration of an act witnessed by notary public the twenty of May of, in Slaughters; for whose aims they anticipated different previous actions that he executed IVAN publicly HERNANDEZ CHEEK, when from early hours in the morning removed and placed in the front of the building that inhabits in Columbus a Cuban Flag, showing the neighbors to him of the place that made to commemorate the day of National Independence, which motivated the express discord of the neighbors of this site; and in spite of it IVAN HERNANDEZ CHEEK maintained the flag placed throughout the day in the front of the house; going later, accompanied by other members of grupúsculo mentioned, until the Park of the Freedom of Columbus and being in the front of the building where they are the offices of the Municipal Assembly of the Popular Power unfolded the national flag that carried and kept a minute from silence; and before the intervention of a group of citizens, they declared to shouts that would not let take off the flag and that would do what they wanted then, retiring of the place the criminal IVAN HERNANDEZ CHEEK and its acolytes immediately.
Continuing in their work desafecta, encartados FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK dedicated themselves to visit the Office of Interests of the United States of America, been in the capital of our country, connecting themselves with the main diplomatic representatives of that government, where they arranged the concrete form in which they would receive subversive documentations, financings for his activities desafectas and the way in which they would use FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK, the existing means in this office to trasmitir information distorted of our reality to foreign mass media and the service of the North American government.
For these reasons in February of past two thousands two, the First Secretary of the 0ficina of Interests of the United States in Havana, named Vicky Hudleston, visited the addresses of the criminals FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK in Perico and Columbus, respectively contacting and meeting with such, being interested this civil employee diplomatic to know first hand and by mouth the defendant the activities that these executed, the treatment that indeed received from our authorities and other elements about the internal situation of our country and such encartados, satisfied the noticeable interest with this one North American diplomat.
Thus the things and continuing within the frame of the relations already established, both defendant visited together the Office of Interests of the United States of America in Havana in date twenty-eight of October of two thousands the two, to ten in the morning, with views to continue illustrating to their civil employees on our country and to receive materials printed opposite to the Cuban revolutionary process.
In the context of the permanent contacts that the criminals FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK maintained with the civil employees of the Office of Interests of the United States of America in Havana, these facilitated a visit to the matancero territory of the new one in charge of this diplomatic office, James Cason the one that took place four of November of the last year two thousand two in the house of FELIX NAVARRO RODRIGUEZ, being preceded of a telephone call from this office to the same one with the objective of which it prepared the conditions of celebration of the encounter with the ringleaders of the grupúsculos of desafectos nailed in the province of Slaughters, being celebrated this one with the purpose of that this maximum representative of the North American Government knew close by and by own Vista, the operation and the activities that such grupúsculos made here, putting record photographic of the alluded to meeting, in whose photography they were in addition to FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK, the grupúsculeros brothers Ariel and Guido Sigler Amaya and other desafectos to our social process.
Also it was demonstrated that the defendant FELIX NAVARRO RODRIGUEZ, from his same beginnings like indifference to our revolutionary process, settled down relations with the denominated Cuban National Foundation - American and with its main leaders, between these, with the well-known More grey-haired Jorge, deceased at the present time, as well as with the named Luis Zúñiga Rey, and with Francisco Jose Bald Hernandez, more known like Pepe Hernandez, as of the year two thousands two, with which he contacted by telephone, updating them on the made activities; nowadays subsisting those bonds with such and other people who integrate in the United States the Cuban counterrevolution.
Thus the things and with the objective to continue distorting our reality, encartados FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK established direct relations with transmitters that trasmiten from the American territory towards our country, in which case and mainly after two the thousands, the alluded to criminals offer individually elaborated notes them of press on distorted situations of the Cuban society; acts these that have noticeable reiteration with the named people Ninoska Perez Castellón, Alvaro Inzúa, Angelina Mora and other journalists which they toil in the call Radio Martí de Miami in Florida, whom these news in the programs named "In syntony" have trasmitidos, "To the light of the truth", "a single Town" and "Contact with Cuba", getting the criminal FELIX NAVARRO RODRIGUEZ to give to a letter elaborated by him in the Secretary of the Council of State of our country day twenty-nine of Julio of two thousands the two, to ten and the average one in the morning asking for the resignation of the President of the Council of State Cuban and the day thirty and one of Julio of that same year own FELIX NAVARRO RODRIGUEZ was in charge to give reading to the content of such document - telephone route for an emission of the Martí Radio towards Cuba, whereas the five of following August, this criminal returned to take part in a program of that subversive transmitter by telephone being explained that had not received answer of its letter, as well as the reasons by which considered that our maximum leader, the Commander-in-Chief Fidel Castro, had to leave the power.
Within this conglomerate of performances, the criminal IVAN HERNANDEZ CHEEK placed in a Web site of the network of Internet, whose access obtained in the own Office of Interests of the United States of America in our country two informative notes or articles, the seven and the fourteen of March of this year two thousands three with the titles "Expel young teacher" and "marginal district Is in danger", with the firm intention to discredit the present time of Cuba and to distort the happened thing within that same set of activities organized by them; one credited in addition which the day sixteen of two thousands the three February of the defendant IVAN HERNANDEZ CHEEK were placed in the environs outer of the night club "the Rock", to the locality and Municipality of Columbus, in this matancera province, and began to distribute to him to the passers-by that pamphlets of content in opposition to our revolutionary process accepted, being noticed this action by other people, taking part and warning the authorities which motivated that IVAN HERNANDEZ CHEEK retired immediately of the site.
In order to execute their activities throughout desafectas this period and to way of payments by their services, the defendant begin to receive monetary resources of the Government of the United States of America, concealed way, by means of supposed friends and relatives, taking advantage of the mechanisms the Western Union that represents in Cuba CIMEX S.A.; receiving both the sum of three thousand one hundred thirty and two thousand dollars, between November of two the thousands one and March of this current year, as well as that in other occasions received money of this type through people who came to Cuba; being visited in addition by civil employees to the Office of Interests of the United States in Havana, that gave equipment to them and technological, Literature and other materials manifestly
opposites to the revolutionary process.
Finally, the eighteen of March of this year two thousands three were stopped the criminal FELIX NAVARRO RODRIGUEZ, finding it raises him, somas of two hundred veintiún weight in American national currency and one hundred eighty and six dollars; and in that own date a house search was made, occupying to it him among other things more than fifty books, one hundred three pamphlets of sites CUBANET, more than one hundred fifty pamphlets of other denominations, all contentivos of contrarrevolucionaria propaganda, two photos in which they appear a group of desafectos to the Revolution next to James Cason, the Head of the Office of Interests of the United States in Cuba, a radius marks TECSUN, a typewriter, a computer marks COMPACT with associated printer a furniture destined its use, five compact disc, six casettes of audio, ten plastic chairs; after stopping to the criminal IVAN HERNANDEZ CHEEK and to register its address in the alluded to date, they were occupied among other objects, more than twenty casettes of video, four casettes of camcorder, a computer diskette, three radios marks new TECSUN, another radius marks COBY, four minirecorders, medicines, sixty magazines and thirty pamphlets, as well as some documents of contentivos sites of Internet of propagandas, the injurious news and information to the revolutionary process,
That the defendant FELIX NAVARRO RODRIGUEZ, of the generals of identification before briefed, is tie like agricultural worker to a Basic Unit of State Cooperative Production, but lack repeatedly to its position of work to participate in the contrarrevolucionarias activities, maintaining a position pro imperialistic, dedicating themselves in addition to the prohibited game, has good relations with its neighbors, has been noticed by its acts against the Revolution; and executorily nine hundred in the cause were sanctioned by the Popular Provincial Court of City of Havana the thirty of three and ninety December thousands three and ninety veintiuno thousands nine hundred by a crime of Enemy propagandas to three years of Deprivation of Freedom.
That the defendant IVAN HERNANDEZ CHEEK, of the identificativas generals previously reviewed, does not make nor made useful work socially in his life, does not participate in the organizations of masses of the country, is pronounced publicly in opposition to our revolutionary process and officially has been noticed by the police organs due to these activities, directed to break the internal procedure of the country; it consists that executorily it was sanctioned by the Popular Provincial Court of City of Havana by a crime of Enemy Propaganda to two years of Deprivation of Freedom, replaced by Correctional Work with Internamiento; although it is not credited to him in the criminal records.
SECOND BEING: That to give by proven the facts before related our Room it valued frees and consciously the set of documentary evidences and personal contributed by the parts in the Oral Judgment. Thus we have in its declaration the defendant FELIX NAVARRO RODRIGUEZ, was precise, when recognizing its contrarrevolucionarias activities and until it constitutes grupúsculo own, detailing to the forms in that he executed each one of its acts directed - without place to doubts to contravene the development of our socioeconomic and political project thus responding to the interest of the Government of the United States and the organizations who from that country internally foment and help to the operation of the grupúsculos, like which he headed, recognizing that received among other things pamphlets and Literatures; being verified this last with the occupation in its mordacious and aggressive writing address and material forms that were given an expert opinion on by specialists, whose opinions consist inserted in fojas one hundred eighty and seven and one hundred eighty and eight, of whose content we knew their character aggressive, concluding that such, by their volume and quantity was not for personal use; as well as that the authors of these documents are of reactionary ideology and virulent contrarrevolucionarias positions as they are Cuban in the outside the Carlos Alberto Montaner and Gustavo Arcos, as well as the Czech Vaclac Havel; on the other hand this one same criminal FELIX NAVARRO RODRIGUEZ confessed to have had direct encounter with Vicky Hudleston and James Cason, American representing maximums in our country, as well as that informed to them about questions of extreme interest for that government, such as the situation and perspective of groups of people which they are arranged to servile in his confrontation to our Revolution, also recognizing that the encounter with James Cason took place in its own one
house in the town of Perico, with previous telephone communication of the Office of Interests North American, corroborating the judges who between the assistants to that encounter were as much FELIX NAVARRO RODRIGUEZ as the criminal IVAN HERNANDEZ CHEEK, when observing the photos that consist to foja two hundred fifty and eight of the File; FELIX NAVARRO RODRIGUEZ recognized that he receives originating money of the North American territory although alleged that comes from pockets of relatives and friends, verifying the Room who are not thus when analyzing the documentary one of foja sixty and seven of the summary, where consists that this one encartado in days six, fifteen and sixteen of November of two thousands the one, received remittances from the City of Miami by the quantities of three hundred, two hundred and three hundred dollars respectively of the way that orients in Manual of security and the hygiene of the work (it guides for the population facing difficult conditions) occupied the defendant to them and where it says to them that the money was sent to him to traverse of third, concealing its origin to avoid to be detected; this defendant recognized in addition who maintains bonds with people who are active contrarrevolucionarios in territories North American, of which we aimed, its virulent aggressive positions against our State and Town, according to appears in their biographical syntheses contributed by the public prosecutor in the own act of the oral judgment, being very symptomatic that when the Public prosecutor asked the defendant FELIX to him NAVARRO RODRIGUEZ on the people who sent monetary remittances to him, this one expressed that it did not want to speak more on these; while, the criminal IVAN HERNANDEZ CHEEK was sparing in plenary, and when he expressed that he take refook in the declared thing in the investigativa phase, he sent us to the content of fojas forty and five, one hundred thirty, one hundred thirty and one and one hundred thirty and two of the file of preparatory phase, at whose moment he related basically just like we have declared proven on its person; verifying as far as this one and to FELIX NAVARRO RODRIGUEZ by documentary route - the thickness of the facts that occurred by happened in his against; so that when we analyzed notes of information that go from foja five to the twenty-three, we know the amount the malicious news that both defendant propalaron by the radio waveses Marti '; adding itself to these notes, the articles elaborated by FELIX NAVARRO RODRIGUEZ and that was published by diverse means of foreign press, being such from foja one hundred sixty and two to one hundred sixty and the seven of own twenty summary, standing out one of June of the last titled year: "I am going to continue having straight" where she defines herself as matancero she illustrates, without fear and she alleges that with she prewalls it whereupon our government undertook the process of the last constitutional reform did not give time him to him and to its acolytes of miamense exile to give directions of how behaving Cuban, through the radio transmitter Martí, indicating in the same one, that with our overwhelming and millionaire approval of the alluded to project of reform, we were giving continuity to a system to which she tries to estigmatizar with his inadmissible improperios; to add it to this list of documentary important two notes of press installed in the Web site of Internet that operated IVAN HERNANDEZ CHEEK in the Office of Interests of the United States in Havana, those that one hundred forty and nine build to fojas, one hundred fifty and one hundred fifty and one of the investigativo File, knowing that is the journalistic articles in which it accuses our government to cesantear to a teacher and to threaten to the inhabitants of a marginal district its demolition, distorting therefore the facts truely happened. Also goods occupation of and object in the addresses of both encartados, standing out material literary were examined the acts of described by the experts like rebels; and to be considered, according to consists in fojas one hundred eighty and seven to one hundred ninety and the five of rolIo of preparatory phase; and pointing of these acts of occupations the radii TECSUN that have not been commercialized in our country and already they they had them because the Office of Interests of the United States of America gave them, to equip them with average technicians that maintained them in better conditions for listening to compatible transmitters their intentions, according to raised in the oral judgment the expert in that matter; occupying to it him to FELIX NAVARRO RODRIGUEZ a computer that also gave an expert opinion on itself by a specialist, whose opinion consists united to fojas from two hundred the nineteen to two hundred the twenty-five of this same file and was revealed that in their supports of data appeared information of character in opposition to our social system; giving an expert opinion on also medicines occupied to both defendant, in which case one concludes documentarily that one is produced medicines abroad and that they have not been elaborated in Cuba and they are not commercialized in the pharmacies of our country;having by credited the fact related to the encounter of presumed farmers whom they tried to organize the blame when analyzing the writing of foja one hundred twenty-two and one hundred twenty-three of the File. Beyond the pertaining to a witness one the declarations of all the people who demoted with that character in plenary, where most of such affirmed that in front of the houses of both criminals he was frequent to sight new vehicles and with diplomatic plates, in addition to to have observed, which in several occasions go by their importance, the people that came in such automobiles lowered with packages and you exceed yellow in its hands and they left them in the alluded to houses. All these deponent ones are Vista witnesses because they reside near the encartados ones and they were spontaneous and coherent when they informed to us on which they knew, giving potentiality to the positions that were formulated against FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK; honoring pertaining to a witness of the citizen Snows Higinia Rojas Alvarez, Jose Antonio Leon Calderón, Esteban Cabrera Soa, Rogelio Perez Caves, Aurio Antonio Lopez Cué, Jose Manuel Morales Mena, Irma Cáceres Loves and the Police Instructor Lieutenant Colonel Gustavo Diaz Villalobos; first the number of the plate of the car that stopped in front of the house of IVAN HERNANDEXZ CHEEK, being one about the Office of Interests of the United States in Cuba, assuring in addition that in that house to meetings and activities of desafectos to our revolutionary process frequently were developed, vehicle wrote this one that also observed Jose Antonio Leon Calderón, who indicated in addition that IVAN HERNANDEZ CHEEK, was dedicated to organize activities in sites public of Columbus, calling to him the attention to him and the other people, who this defendant reunited people with such illicit aims there, where could happen any thing, according to the own words of this testimoniante; whereas the witness Esteban Cabrera Soa, who is husband Higinia Snow, reiterated what that said on the alluded to vehicle and was categorical when giving account to the Room of the interchange of words that maintained with IVAN HERNANDEZ the past CHEEK twenty of May of two thousand two, when this one unfurled a Cuban banner in the front of its house to commemorate that date that means the restoration in Cuba of the Seudo- Republica, illustrating to us as far as that this one criminal was challenging when maintaining this flag in the mentioned site; informing later the Aurio witness to us Antonio Lopez Cué who that same day, IVAN HERNANDEZ CHEEK was made accompany by few people who followed it until the front of the house of Government of Columbus, where towards guard the witness, expressing who the defendant stopped and unfurled the same banner and vociferated that they let to them do those that they wanted and that in addition vió that IVAN HERNANDEZ CHEEK participated all Sundays in meetings that became in the house of a member of their named group Gilberto Horseman, whereas was I specify the witness Jose Manuel Morales Mena when affirming us that vió to this one same criminal near the Night club "the Rock" into Columbus distributing a contrarrevolucionario pamphlet and immediately inquired it to the authorities; silverplating the Rogellio witness Perez Caves that FELIX NAVARRO knows the criminal RODRIGUEZ to be neighboring of the town of Perico and that twice vió that this one headed other people who went to the park of that locality to put to him floral offerings to our Apostle having these flowers allusive tapes to his grupúsculo and then other revolutionary citizens which they were there were and took these provoking tapes; the witness Irma Cáceres Loves, assured that when was the President of the Government of Perico, was sent to a request of authorization of a tried encounter alternative farmer to him, including the program of this subversive activity; also the Police Instructor I corroborate all the previous one adding who the mentioned encounter of "Independent" farmers would be made with the purpose of obstructing an event of maximum level that would become in our country by that date; it emphasized one by one of the activities and aims of the defendant, describing it as wage-earning as the North American Government and disturbing of the order with its actions you publish, as much in Perico as in Columbus; knowing the personal conditions and of conduct each one of the criminals, when the complementary investigations contributed by the same Police Instructor were examined, by the declarations of much of the witnesses who asserted that we are in the presence of desafectos individuals to the social revolutionary process of Cuba and when analyzing the content of the certification of criminal records positive of FELIX NAVARRO RODRIGUEZ, who consists inserts to fojas one hundred fifty and four of the summary; whereas with respect to IVAN HERNANDEZ CHEEK really it was not possible to be credited of way makes specific that the subsidiary sanction consists to him or not like criminal record that mentions the sentence certification that contributed in plenary the Public prosecutor, contrasting she with Sanctioned the public certification of the Central Registry of without annotations that build in the own File to foja one hundred fifty and five. The declared facts proven are these and not other different ones from the narrated ones in this resolution.
THIRD BEING: That the operating Public prosecutor maintained his conclusions accusatory, elevating to definitive those that build to fojas from the five to the seventeen of the roll of the cause.
QUARTER BEING: That the defending lawyer of the defendant FELIX NAVARRO RODRIGUIEZ, maintains her definitive provisional conclusions elevating to the inserted ones to fojas twenty-seven and twenty-eight of the own roll of the cause; whereas the lawyer who defends to the criminal IVAN HERNANDEZ CHEEK I modify hers, elevating to definitive those that consist to fojas twenty-nine, thirty, forty and eight and forty and nine of the same mentioned 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 anticipates the effective Law number eighty and eight, of sixteen of nine and ninety February thousands nine hundred, in its eight articles section two; four, separated one and two, interjections a) and b); six, separated one and three, interjection b); and seven sections one and three; because the defendant FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK with the open intention and I animate conscious that the Government of the United States of America accedes to the objectives of the Law "Helms Burton", the blockade and the economic war against the Cuban town, directed to break the internal order, to destabilize the country and to eliminate the Socialist State and the Independence of Cuba, promoted, organized and urged third people to make disturbances of the public order in the towns where both reside; being undeniable that like ringleaders of the grupúsculos that formed and directed, they were dedicated here to motivate other people so that they participated in activities that our town repudia by its character contrarrevolucionarios, standing out between these activities of acolytes his, congregations in sites public, before the glance of honest citizens who felt bothered in their convictions mother countries when they observe the way in which other fellow citizens dedicate themselves to denigrate the process political partner of the country. Doubts that the acts and battles conducted by each one of these favorable defendant do not exist went to create an objective and subjective state between the few members of their grupúsculos so that these and until they themselves could fulfill the superior aims of their or mandantes ones:EI North American Government really; the acts and battles conducted by FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK are also fitted in the penal type established in article eight, separated two, of the mentioned Special Penal Law, when these ringleaders of grupúsculo contrarrevolucionario dedicate themselves to give reading him to documents, stimulating the spirits of the people congregated previously
by them, indicating the way to them in that they had to behave and to participate in those acts summoned by them; and when they move the will to them to act, then we are before typical actions and suffered by the Law because it has been promoted, it has been organized and it has been urged third disturbing the general order with the purpose of facilitating the referred intentions of the American Government. In this case it is necessary to leave seated the criterion, of which to disturb the public order is not single to alter the tranquillity of a site, nor to produce confrontations physical between people. To disturb implies to remove to a situation from its normal state to another different state, that produces or can derive in a judgment of different houses and not admitted by the masses,;que is what they make the encartados ones, with the purpose of breaking the internal order, which goes more alIá of the mere order of public, since it extends to the social order. Secondly, we have tipificado for encartados the crime anticipated in article four, separated one and two, interjections a) and b), of this special penal legal norm; integrated because they personally trasmitieron information to him about its contrarrevolucionarias activities to the maximum representing of the North American government in our country; and it fulfills it twice at least when they were visited and they met with such diplomatic civil employees, or when they visited together that diplomatic seat in the capital of the country; giving to them to data on its organizations desafectas, which by itself facilitates to that government the internal possibilities to manage its intentions to eliminate our revolutionary process and our independence and sovereignty, breaking out again the blockade imposed to the country for more than forty years; this makes possible their together comisores and receiving remuneration of concealed and disguised way as supposed familiar remittances or of resident friends in the United States, turning of such form those activities in a way of life and an office. In third term we have described another crime preceptuado in article six, to separated one and three interjection a) and b) of the Law number eighty and eight before mentioned, because the own defendant in these performances accumulated material of subversive character of the Government of the United States of America, those that were given to them by diplomatic civil employees of that country in ours; and nonsingle we spoke of Literature, pamphlets, folding or book of opposite authors to our social project and ideologists of Capitalism, but that we also talked about to propagandistic videos casetes of contrarrevolucionarios ringleaders in the outside and of actions executed in Miami, directed to create a state of internal subversion in Cuba and in addition they distributed that material between third people, as much in its meetings as in sites public; things these that represent a way doubtlessly to such spread with aims and illicit objectives; in this case reiterativo happens that we speak of a lucrative interest of both defendant. And finally Integra the crime anticipated in article seven, separated one, and three, of the multimentioned Special Penal Law, since their active agents sent repeated distorted information of our social, economic and political reality to the radial and written press to the service of the North American Government, thus collaborating with both, that is, with the government and North American means of massive diffusion, in the profit of the objective of the war that they have to us raised. And all these actions execute the criminals in exchange for the money that third people and organizations send to him from North American territory through; of that its mercenarismo consists and by those acts it is that it is judged to them.
SECOND CONSIDERING: That the criminals FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK are declared authors responsible for all and each one of the crimes described by the Room, because they directly executed the descriptos facts in this Sentencia by themselves and; 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 one or another one of 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 main that will receive the defendant FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK this Room took into account the stipulated thing in articles twenty-seven and forty and seven, separating one, of the Penal Code; so that we must begin exposing that or or the legal value that has been attacked by encartados sayings, that come to be our National Independence and the Economy of the country implies for all a high concept that is transformed in
support of the Mother country like supreme good of our town; of there the tremendous danger that springs from its acts, not of its consciences; being in concrete first, that is, its illegal acts, those that we will sanction; requiring of a penalizadora projection that is to tone with this same danger on the basis of the principle of proportionality admitted in right; we do not have to leave site to doubts as far as that one is to repress facts of complicity with the enemy, which by own nature is enough repudiable, like same its lack of patriotic conscience is much more repudiable in them, the one whom they have changed by a conscience economic to make of his conduct a lucrative way of life, happening an internal scale extension of the vividoras conducts of the contrarrevolucionarios ringleaders which they act, they direct and through those who finance these activities from the outside; one treats, neither the more nor the less, that we must defend with these arms of the penal right particularly dictation for individuals like them our partner-political and economic system; and mercenarios like FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CHEEK, that they integrated I exercise on salary of soldiers of the Government of the United States in this one battle which they free against our town by real the independent and sovereign existence, deserve to receive high penal answers. Thus the aims of reproach, social reintegration and preventive cut will be our goal by means of the privative one of freedom that we will impose to them per temporary periods approached the superior limits of the infringed penal types; needing then the joint formation of and the only one that article fifty and six establishes, separated one, interjection b) of the Penal Code, with that same criterion of severity. To all this we must add to him that both accused they are individuals that have openly shown their opposite positions to the revolutionary project that national and from several years back already tells on judicial experiences for that reason, in which case FELIX NAVARRO RODRIGUEZ happens reincidente specific to the shelter of article fifty and five, separated one and three, interjection a) of the Penal Code, because executorily it was sanctioned previously by a crime of Enemy Propaganda; whereas IVAN HERNANDEZ CHEEK also was sanctioned by similar penal type, but we cannot welcome in the public prosecutor its request to him in that sense of specific reincidente, because he prevents the own legal norm which we applied to these facts, having to clarify that the sanction that received and fulfilled this one criminal thirty and two of this legal text were a subsidiary of article noun, without have been credited in cars that the sanctioning Court of that opportunity fulfilled or not established it in the section seventh of that same rule, in the sense to communicate to the Ministry of Justice the extinction to him of the pain for the cancellation of the antecedent, something that could have happened and that is different from the situation of article sixty and seven, separated third, of same Code Penal, every time the crimes Against the Security of the State generate criminal records which they cannot be cancelled of office, but by mandate of the sanctioning Court, as mentioned other is the assumption; then before the doubt which it implies to not know the Judges if it were arranged to the Ministry of Justice or and the own reason that reaffirm this one when appearing in target the public certification sent by the Central Registry of Sanctioned, does not celebrate in favor of the criminal IVAN HERNANDEZ CHEEK, although it does not stop being a concrete antecedent of inestimable conduct. Also we must include in this one analysis of legal foundations that both accused will be receiving of the anticipated accessory sanctions in article thirty and seven of the Penal Code, that is mandatory, because they will be private of its freedom; and the one of confiscación of goods that estatuye article three, separated two, of the Law number eighty and eight of sixteen from February of thousands nine hundred ninety nine, related as forty and four are with article, separated one, two and three, of the mentioned Penal Code; clarifying simultaneously that a part of the occupied goods to FELIX NAVARRO RODRIGUEZ will not fall under this accessory to be indispensable goods to satisfy the necessities with the relatives safe from the defendant; solving as it follows:
WE FAILED: RODRIGUEZ sanctions itself to FELIX NAVARRO, like author of the crimes of ACTS AGAINST the PROTECTION OF the NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, of article eight, separated two, of the Law number eighty and eight of sixteen from nine and ninety February thousands nine hundred, to EIGHT YEARS OF FREEDOM DEPRIVATION; of article four, separated one and two, interjections a) and b), of the same one, to FIFTEEN YEARS OF FREEDOM DEPRIVATION; of article six, separated one and three, interjection b), of the own one, to SIX YEARS OF FREEDOM DEPRIVATION; and of its seven article section one and three, to SIX YEARS OF FREEDOM DEPRIVATION; receiving like joint sanction and only the one of TWENTY-FIVE YEARS OF FREEDOM DEPRIVATION .
HERNANDEZ sanctions itself to IVAN CHEEK, like author of the crimes of ACTS AGAINST the PROTECTION OF the NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, of article eight, separated two, of the Law number eighty and eight of sixteen from nine and ninety February thousands nine hundred, to SEVEN YEARS OF FREEDOM DEPRIVATION; of article four, separated one and two, interjections a) and b) of this one, to FIFTEEN YEARS OF FREEDOM DEPRIVATION; of article six, separated one and three, interjection b) of this one, to SIX YEARS OF FREEDOM DEPRIVATION, and of article seven, separated one and three, of this norm to FIVE YEARS OF FREEDOM DEPRIVATION, receiving like joint sanction and only the one of TWENTY-FIVE YEARS OF FREEDOM DEPRIVATION; that they will fulfill both defendant in the Establishment Penitentiary that designates the Department of the Interior to them.
ACCESSORYLY he dominates himself to them the both encartados sanction of Deprivation of Rights that includes/understands the loss of the right to the active and passive suffrage, as well as of the right to carry out positions of direction in the organs corresponding to the administrative political activity of the state, in state economic units and social organizations and of masses during the time that are extinguishing the main sanction received by this tenor. Also accessoryly one dominates FELIX NAVARRO RODRIGUEZ and IVAN to him HERNANDEZ CHEEK the sanction of confiscación of goods that consists of stripping to both of the goods that were occupied to him in these judicial performances, transferring them directly to the Cuban State.
In the case of the criminal FELIX NAVARRO RODRIGUEZ this accessory sanction is partial, leaving it to the free disposition of that defendant televising mark SANYO to color, with series zero, zero, zero, one, three, eight, two, the recording radio stere of double casetera marks to SANYO with the series P-four-eight-one-seven-eight, a reloadable lamp SONY mark with series DB, the Mixer model VINCET, a ventilator marks to TROPICE model IMPUD, a pedestal ventilator marks CARRINGTON, model MP-ocho-cero-seis, a refrigerator beige color mark LILLIMAR, as well as a plate; to be goods that are of familiar use and to satisfy the necessities with the same ones.
While, the following goods and occupied objects happen to the State Patrimony:
A) The fifty cents in convertible Cubano Pesos, one hundred eighty and six dollars, and a six hundred ninety and weight with twenty cents in national currency that appear deposited in branch number three thousands eighty and one of and the Credit union four hundred Commerce of Slaughters, according to obrantes certificates to fojas one hundred fifty and nueve-A and one hundred sesenta-A and B of the summary; those that will be entered to the bottoms of the Box of Compensations of the Ministry of Justice.
B) the goods and objects occupied to the defendant IVAN HERNANDEZ CHEEK and that appears detailed fojas twenty-five, twenty-six and twenty-seven of the File of consisting of Preparatory Phase a package of white leaves sealed in naylon are transparent with the name of office of depot, nine casettes of videos defined by episodes with I title "the most powerful force" (a century of nonviolent conflicts) each one in its case with I title "Overthrow of a dictator", eight casettes of video in its case having different titles, a Cassete of video in its sealed case that has like title "Voices from the island of freedom", two casettes of music in its case containing subversive recordings, three casettes of video marks Panasonic SHG, another one more of the same characteristic marks to SONY and another mark MAXELL sealed VHS-C, a computer disc marks SONY where Survey is appraised like title "movement by the democracy Pedro Luis Boitel", two cards with the empty title of identification, and denex club samplem, on target containing a thrown photographic negative, a new roll in its case and another emptiness, two digital shippers rapid to changer of which one has three batteries marks to DIGITALIS, three small radios mark TECSUN, with its two batteries, being two of these in his case, a radius marks COBY small without batteries, a camera small mark BIG FINDER, two small horns of audio with its electrical cables, three rollitos of cable for connections, one naylon small with two electrical devices with its installation, an electrical device mark SEVEN STAR, with its installation, an electrical cable mark RANGE SONIC, with its installation, four microrecorders, one with a Cassete in its interior, another mark CROWN with a Cassete inside, another empty mark AIWA and the other small ABR of casettes having one in its interior, a video Cassete JVC with its two cables and their control or remote control, book with I title "Martín Luther King", a battery loosen ten plastic plomos of medium size coming from Puerto Rico that contain magnesium, oats fiber, vitamins B, M, BEC, beer leavening, vitamin C, dolumite, oil of fish, manganesio, vitamin with carotene, a transparent nylon with three small pomos of tablets ecotrin, another nylon of plastic pomos with vitamin tablets, tylenol, papaya, captopril, calcium, claritin, rynatan, cefbil and sudogest, six pomadas tubes of containing hidrocortisona, sistin, triple antibiótic sintment and lidamantle, three small plastic pomos of sulfadiazine, picolinato zinc, crononutriente, antibiotic and augmentin, thirteen plastic pomos of medium size that contains super-B-complex tablets, vitalent, allergy medicine, two pomos of ibuprofen, one of these emptiness, two pomos of non-aspirin, two pomos of vitamin C, pain to reliever completes multivitamins, aspirin gin, thirteen small pomos of size, two of which they are of crystal containing lindano, non aspirin, fordera nasal sprayn, sertin, nortri ptyline, hidrochloride, claritin chestrub, phazime aciphex nasonex, astelin rhinocort aqua, forty and seven paqueticos of nylon sealed with medicines of tablets and capsules, seven tablets containing forty and one tablets of sweats fed nasal, decongestant nine nylon is transparent inside folding with medicines, one of which has the name of IVAN HERNANDEZ CHEEK, as well as that also says "Slaughters, Jovellanos, house of Tomasito", a great amount of curitas Band-aid, two small boxes, one of which contains six you exceed of lapels and the other six you shiver with tablets of obstetrix-cien, other six you shiver, containing fifty and eight tablets of amitriptilina MCI, five you shiver with twenty-four tablets of hidrochloride, three you shiver of tylenol, five you shiver with ten red capsules of daytimesufrels, two tirillas with four tablets, fourteen tablets of meprobamato, two tirillas with twelve tablets P-b, two small cases with champú, two spray, eighteen magazines vitral of religious content, twelve magazines more with different contents, nineteen pamphlets denominated Without Censorship, of subversive content, thirteen denominated pamphlets CUBANET of subversive content, four new denominated pamphlets EI herald, nine books with the title "Flash", fifty and four magazines with the title "Dissident", thirteen magazines with the title "the unit", four "Manual of security and hygiene of the work", an agenda with the title "Telephone", several you exceed yellow with the name of IVAN HERNANDEZ CHEEK, of the culture and press office of City of Havana, several texts of Literature of religious content, sixty and six empty cards ON LINE, a poster with the title "Divided by the democracy Pedro Luis Boitel", the related ones to fojas thirty and four and thirty and five of the summary and occupying to the criminal FELIX NAVARRO consisting of RODRIGUEZ Forty and two books of injurious Literature, a case with thirteen sheets of paper coal, one hundred thirteen subversive magazines, seventy and seven pamphlets with I title titled CUBANET, ten pamphlets "Entérate", forty and three subversive pamphlets, twenty-six títulados pamphlets CUBANET, sixty and seven leaves with religious writings, eighty pamphlets of the universal declaration of the human rights and others seven pamphlets of that type, other twenty-two subversive pamphlets of character, fifteen leaves with writings where it is appraised like title in some of these "Movements all uniting", a Cassete of video, a Penal code, two photos of several opponents, one of which is the defendant FELIX NAVARRO RODRIGUEZ, a small agenda of red color with directions, two titled notebooks "Manual of security and Hygiene of the work", sixty titled documents "Project Varela", three hundred questionnaires of collections of companies of the Project Varela, four books with the title "International Norms" to name of FELIX NAVARRO RODRIGUEZ, four books with the title " it fights pacific by the human rights ", eight pamphlets with the title" Movement all uniting ", nine books of religious character, seventeen cards of the information bureau of human rights, nine you exceed of the international service and other twenty-five you exceed white, a case with two batteries marks MAXELL GULD, an electronics with its cable in a nylon, a photo with the name of Pedro Luis Boitel, a certificate and a diploma to name of FELIX NAVARRO RODRIGUEZ, several cuts of newspapers, a pamphlet of injurious character, four pomos of vitamins, pomo of antacid with thirteen tablets in its interior, a bottle of calcium, a bottle of anasilskin, a bottle of flonase, a bottle laxactive altacid, a bottle of ibuprofen oral, a bottle containing iron vitamins, a bottle containing vitamins, two bottles of ibuprofen, two bottles of excedrin, two bottles of kikarkland, a bottle of pentoxifilline, a bottle of passion, a bottle of pain to reliever, a tubito of pomada with its box ocuflox, a tube of desistin, a tubito of hidrocortizone four tubitos of lida mantle HC, eighteen tablets of black color not knowing its content, twelve curitas, one tirilla with seven tablets of 25mg (toprol XL), one tirilla with seven tablets of 100mg (toprol XL), one tirilla of effexor XR containing fourteen capsules, twenty tablets of loperamide, estucheconteniendo in nine inner BU farwax removal AID, in addition a calculating mark BIB DISPLAY, in its box, a typewriter ALEKO in its box, a radius small mark TECSUN in its case, a caculadora BIB DISPLAY, in its box, three compact discs in two plastic cases and of cardboard, a game of cartridges in its case marks LEXMARK, six casettes of audio, existing one without box, two boxes vacias of casettes of audio, a cable of telephone in its case, pomo in his Vita-2 case, a box with three disc marks MAXELL, four manuals of computers, a card with the title of political opponent, several cuts of paper in target, documentation on prohibited games denominated the small ball, it cases out yellow that contains leaves in target, three packages with leaves in target, one of these opening, a nylon containing several medicines, pulóver white with a landscape and the name "independent libraries of Cuba. Aid EI Heraldo ", a shipper with four batteries marks RAPID CHANGER, a computer with monitor, a processor, a keyboard, mouse, two horns marks COMPACD, a source and a printing mark DESKJET to color and its cables, in addition to the furniture where was the same one. And the detailed ones to fojas fifty of own and that took care to IVAN HERNANDEZ to him CHEEK, consisting of a black knapsack and green mark BATLE OF THE CENTURY, which presents/displays in its interior a blue impermeable shelter, four titled magazines CROSSRASS COFFEE, three casettes of video with equal title, fifteen jabas of nylon new, a Granma newspaper and a Palante weekly magazine, a case with arfileres sealed and a plastic glass within one jaba of nylon, five Casettes of music in its sealed box, pomo of perfume new mark AMAZON, a new paste tube, a machine to shave new mark GILLETTE, two ball-point pens of black color and gilded, a pair of espejuelos of black case, four ball-point pens in a case VIDAL, with its comprobante of purchase, a passage or ticket of railroad, a paper containing a direction of San Miguel of the Register, a document or endorsement of circumscription or popular advice, a monedero mark THABA, a membership card of identity to name of FELIX NAVARRO RODRIGUEZ, a case with two glues, ten lists of collections of company/signature of the Project Varela and a written red leaf where it reflects a meeting that was celebrated in date eighteen of March of two thousands the two. All will receive the treatment that follows: The printed materials and other that have shootings and recordings will be destroyed by means of their opportune incineration; what also it will have to take control of written by hand and typed documents; whereas with the rest of the goods between the previous ones they will not have to be given to the Internal Dependency of the Municipal Popular Power of Slaughters so that it determines the organizations that will receive them and used according to its own nature, including the medicines that consist given to the Company Provincial of Pharmacy and Opticas de Matanzas, according to fojas one hundred fifty and six and one hundred fifty and seven of the File of Preparatory Phase; being forced the receiving organizations of such paying its values to him to the Box of Compensations of the Ministry of Justice within following the five working days to the one of its receipt.
As far as the measures you will prevent of PROVISIONAL PRISON that were dictated opportunely on both accused in cars, stay the same ones to subsist the reasons that that day without effect generated it, until this sentence gains firmness and it is executed in the main thing, having left the measures you will prevent referred and paying to it to both as preventive conforms to Law.
Notifíquese this resolution to the Public prosecutor and the defendant, warning him to it of the right whom they have 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 faithful and exact copy of his original one that builds in the roll of the cause that builds in the Secretary.