Matanzas #9
English (machine translated) | Spanish
IT SENTENCES I NUMBER:NINE OF YEAR TWO THOUSANDS THREE
PRESIDENT:
Lic. Maria Mercedes Fagundo Morin
JUDGES:
Lic. Jesus Ramon Garci'a Ruiz
Lic. Jose Luis Rodriguez González
Gladys Bello Alfonso
Florencio Perez Duquezne
In the City of Slaughters, to five 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, the CAUSE I NUMBER
SEVEN Of TWO THOUSANDS the THREE, followed by PROCEDURE SUMARISIMO and the crimes of ACTS AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA where they appear
like defendant:
ARIEL SIGLER AMAYA, of thirty and nine years of age, son of Librado and Gloria, natural of Pedro Betancourt, Provincial of Slaughters, married, University, of occupation Dock worker in Planta de Oxigeno of the Agro-industrial Complex "Cuba Libre" of the Municipality of Pedro Betancourt, in this Province of Slaughters and veintidos neighbor of the street I number nine hundred twelve between nineteen and veintiuno, Municipality of Pedro Betancourt, Province of Slaughters, represented by the defender of Licensed Office Jesus Lauro Riaño Ibañez and in Provisional Prison by this cause; and,
GUIDO SIGLER AMAYA: of forty and six years of age, son of Librado and Gloria, natural of Pedro Betancourt, Province of Slaughters, married, with twelfth degree, unemployed person, veintidos neighbor of the street number two thousands one hundred three, between veintiuno and veintitres Municipality of Pedro Betancourt, Province of Slaughters, represented by the defender of Licensed Office Jesus Lauro Riaño Ibañez and in Provisional Prison by this cause.
Acting like Public prosecutor Licensed Ia Yulaxi Crespo Domínguez.
BEING JUDGE PONENTE: Lawyer Jose Luis Rodriguez González.
FIRST BEING: Proven which the defendant ARIEL SIGLER AMAYA and GUIDO SIGLER AMAYA, of the other generals who have been briefed, began in year thousands nine hundred ninety and six to try to undermine the bases of the political system of our State democratically decided by the town of Cuba, tying with elements contrarrevolucionario, treating in those circles subjects related to those interests and making cuestionamiento of the revolutionary process, as well as of its main leaders; and like result of the interchanges maintained with several groups contrarrevolucionario in that stage the criminals ARIEL and GUIDO SIGLER sixteen of six and day , AMAYA November thousands nine hundred ninety created a contrarrevolucionario corpuscle to the service of the Government of the United States of America.
Months later, in year thousands nine hundred ninety and seven, reconstructed grupúsculo, passing to be their two main ringleaders the criminals ARIEL and GUIDO SIGLER AMAYA, positions that at the present time those defendant even hold; having its seat in the address of ARIEL SIGLER AMAYA in the Municipality of Pedro Betancourt in this Province of Slaughters.Ramificándose later in other localities of the territory as they are Jagüey Grande, Jovellanos and Ca'rdenas; making these criminals like subsequent actions to its integration, activities you publish, encounter and meetings where they discussed subjects of political subjects, gave contentivos documents of the declaration of the human rights; and they began simultaneously to contact with contrarrevolucionarios elements been in the outside of the country, tying with members of other internal grupúsculos and ringleaders of these as they are Felix Navarro Rodriguez and Tomás Fernandez Tiers in the Municipality of Perico, here in Slaughters, as well as with Oscar Elías Bicet, resident contrarrevolucionario in City of Havana; giving participation in the activities developed and headed by them to its relatives but close friends, who integrated with Ariel and Guido Sigler Amaya this group of desafectos.
It is so as of year thousands nine hundred ninety and nine intensified the actions of the criminals ARIEL and GUIDO SOGLER AMAYA, that made new activities you publish defying the social order, inviting different people from that they attended meetings and acts in order to create a state of local crisis that affected the Cuban revolutionary process; congregations these that were fulfilled so much in the building where reside Ariel Sigler Amaya as in seats you publish and other places of Pedro Betancourt, mentioning themselves in this case the one of the Day of the Mothers, when the criminals ARIEL and GUIDO SIGLER AMAYA with other followers directed themselves Down to the park of that municipality his congregating themselves in that place and vociferating phrases like "the dictatorship", "Down Fidel" and "Live the human rights"; repeating a similar public activity the ten of December of that same year; whereas from nine and ninety June thousands nine hundred, all Wednesdays of every week and in the schedule from eight and thirty to eight and forty at night summoned and carried out meetings that they denominated "of watch" by political the imprisoned assumptions in our country; activities these that they developed with financing received from the outside through members of the organization "Planted by the Freedom and the Democracy in Cuba" that directs connotado contrarrevolucionario that lives in Miami, named Angel D'fana, with which the defendant maintained in this period weekly telephone communication and they gave account to him of the watch days which they made, as well as of the money that that sent to him, which ARIEL and GUIDO SIGLER AMAYA distributed between the components of his grupúsculo and soon accounts of it in writing to mentioned Angel D'fana rendered to him on two ocassions at least.
In date four of November of two thousand two judged ARIEL and GUIDO SIGLER AMAYA, in order to obtain recognition on the part of the North American authorities, they concurred to a meeting that was celebrated in the address of the contrarrevolucionario Felix Navarro Rodriguez in the Peatonal street number six, between seventeen and Field, in the locality and municipality of Perico, in our matancera province; attending that encounter the maximum Head of the Office of Interests of the United States of America in Havana James Cason, who came accompanied from his second; executing in that opportunity several activities, standing out that criminals SIGLER AMAYA were presented/displayed to James Cason like ringleaders or directors of grupúsculo that they had armed, interchanging with the American diplomatic representative ideas to promote the civil disobedience and to fulfill activities against the revolutionary power, getting even to pronounce the narrow bonds acquired with that meeting when they took a photo with James Cason like memory from this.
In addition, in order to disclose and to distribute Literature with tending content to disorder our revolutionary process, the defendant ARIEL and GUIDO SIGLER AMAYA occurred to the task of gathering together books and pamphlets that integrated to a call independent library in the address of first of these encartados; receiving, as much of the outside as of the Office of Interests North American, different printed materials and documents from contrarrevolucionarias organizations, bulletins of Internet taken from dedicated electronic sites in that activity, other texts of contained similar, as well as others referred to our Nacional Hero Jose Martí distorting it; comprising of this library titles like "the Democratic Ideas", and "Arms of the Freedom", published in the United States of America, "EI global resurgence of the Democracy", published in Mexico, "Towards the great nation", "Views of dawn in the tropic", among others, whose authors reside in the own United States; having in existence in the mentioned library several units of the Universal Declaration of the Human rights that were given encartados ARIEL and GUIDO SIGLER AMAYA in visit that carried out to the Office of Interests North American in Havana, having contacted in that occasion with the Diplomatic Civil employee named Patricia and knowing itself that the criminals went frequently to that diplomatic seat to compile documentation desafecta to the present Cuban process.
Continuing against the project Cuban political partner defendant SIGLER AMAYA created in the address of medical ARIEL an independent clinic that conformed to medicines that received assiduously from North American territory, such as Hidrocortizona, tablets of Levoyil, Ludrina, tablets of Pectabismal, Tylenol, equipment against the asthma mark DEVO/PVO two with its accessories, all of American manufacture, with the supposed aim to offer medical attention to the desafectos that attended the place thus to discredit the Cuban system of salad public.
As it leaves from the unfolding of activities that came developing these defendant SIGLER AMAYA and to obtain a recognition within the internal and external contrarrevolucionarios, as of year two thousands were dedicated to write up letters on supposed violations of human rights committed in our country, being sent to him several of these to the named contrarrevolucionaria Martha Beatriz Go'mez Hair with the objective to disclose false events in the Cuban territory as if they were real; emphasizing the criminals in many of these its protágonica participation; sending other news to him of that same virulent cut to the denominated transmitter Martí Radio, of Miami, and in the same one was put to the air immediately; as well as that also gave other falseadas information to place them in Web sites of Internet through the Office of North American Interests about nonexistent disturbances in Cuba those that they were disclosed in the outside.
Being so by the different contrarrevolucionarias activities that ARIEL and GUIDO SIGLER AMAYA executed judged, they were stopped by authorities the past eighteen of March of two thousands the three; and in made registry that same occasion to the ARIEL house took care to him, among other things: Two thousand seventy and six dollars American, ten pesos convertible Cuban, sixty pesos in national currency, numerous documents written by hand and between which is one titleholder "extrajudicial Sanctions applied by the Security of the State against the dissidents, opponents, defenders of the human rights and other people of contestataria attitude", two calls of aids made in computer titled "Pedro Luis Boitel Vive", several documents drafted in computer with contrarrevolucionarios texts, several made information to typewriter on the activities executed during two thousands the two, a written report to machine titled "Annual Report on the Repression exerted by the Cuban regime against the members of this organization ", another written report to titled machine" Letter opened to the countries members of the Commission of Human rights of the UN ", a document containing the trajectory of Julian Sabino Trujillo Rodriguez in a contrarrevolucionaria organization, other two documents drafted in computer titled" Castro, you do not condemn our brothers ", a writing to machine titled" Increase of the repression to the population ", numerous folletines, between these some titleholders" Movement All united ones ", a registry of members of this contrarrevolucionaria grouping, a document on control of book loan of the alluded to library, two typewriters in badly been UNDERWOOD mark, an asthma equipment marks PULMO MIST NIDEK, a die with its pad of identification of grupúsculo a radio shipper, two small radios mark TECSUN, photos of members of the group of desafectos, a black suitcase with an electrical vivadror for muscles, four you pass for the entrance to the Office of Interests of the United States sent by the Press office and Culture of the same one, a wood medicine kit with great amount of contrarrevolucionaria Literature, a written by hand letter shipment to the Provincial Delegation of the Ministry of the Sugar soliciing wage increases in the workers, several cassettes of video, numerous medicines, an equipment of asthma DEVO/O two with his accessories, a document dated in the thirty of January of this year directed to Angel D"fana explaining to him distribution and use of the money that that had sent to them from the outside, as well as another original copy and report similar dated in twenty-seven of four and three February two thousands on great yellows sent by the Press office and North American Culture in our country to the brother of the criminals named Miguel Sigler Amaya. In addition a ring of commitment, two rings of silver-plated color and one chain of silver-plated color were occupied him that they do not have to do with the facts.
Own EI eighteen of March last IE was made a house search to the defendant GUIDO SIGLER AMAYA, having occupied him to it among other things: several documents and bibliography of contrarrevolucionario character, related to grupúsculo to which it belongs, a telephone agenda where they appear the names of resident people in different localities from our country and telephone numbers, being observed in this agenda the telephones of some embassies, sixteen medicine bottles of American manufacture, and a telephone modern mark CITIZEN of black color without instaIar.
Accused EI ARIEL SIGLER AMAYA at the time of committing these facts worked like dock worker in Planta de Oxigeno of the Agro-industrial Complex "Cuba Libre", of Pedro Betancourt, being catalogued like a good worker there, although it knows that it has made manifestations against the revolutionary process in that place, questioning the measures that has taken the direction from the country, in its place of residence is not integrated to the social organizations and of masses, has been warned officially by the Revolutionary National Police in several occasions by his acts and they do not build criminal records to him.
Encartado GUIDO SIGLER AMAYA did not maintain bond labor when he broke the law of this form, in his place of residence he does not participate in the organizations of social masses and and was warned officially by the police authorities due to participating in alterations of the order and by their conduct desafecta to the Revolution, without criminal records consist to him.
SECOND BEING: The narrated facts have their fundamentación in the tests practiced in the act of oral judgment, such as the confession of the defendant ARIEL SIGLER AMAYA, who before the judges recognized that as of year thousands nine hundred ninety and six belong to a pacifico movement that has held different positions, that thousands one assumed the presidency of the group the sixteen of November of the year two, being demonstrated by the tests practiced in the oral Vista that said grupúsculo has like intention the one to promote and to organize contrarrevolucionarias actions, accepting that the group that directed reunited every month in its address, that Wednesdays of every week in the schedule of eight and thirty to eight and forty at night, memory made watches in of prisoners political, that all the sixteen of November of every year celebrate the anniversary of their group activity before which they make in his ILLEGIBLE ILLEGIBLE address, that it has created in his house a library whose books were brought most by a Panel of white color and by members of the organization who directs and who was to Ia disposition of the members of the group and of the population, to which she was lent to them, that received medicines through different citizens and who these came from the United States, that they created a doctor's office in his building where she worked his sister and her sister-in-law, who her sister-in-law was the one who gave medicines to the members of the group and to the neighbors that needed them, recognizing that maintained bonds with independent journalists to whom it offered information him on violations of the human rights, that had relations with the contrarrevolucionarios Tomás Fernandez Tiers and D"fana Angel this one last resident in the United States which it knows like President a Movement Ia Democracy the Human rights, that to same the Ilaman to the United States Wednesdays of every week with the objective to report of the watch that they make in their address and that also agree that day with the watch that carried out D"fana in the United States with its group, lIamadas these that are paid in the outside by this organization, which Martha knew the citizen Beatriz contrarrevolucionaria Roque connotada Cabello that invited it to a civic assembly next to its brother also accused GUIDO SIGLER AMAYA, assembly this that was made in the year two thousands three, that in addition maintains tied with the citizen Felix Navarro Rodriguez, ringleader of grupúsculo contrarrevolucionario, recognizing before the juzgador organ who in two or three occasions she received money of people who reside in the outside which did not know and that this money distributed it between the members of the group that presided over; that in the registry made to their house seventy took care to him two thousands and six dollars American and ten pesos convertible saying that is fruit of the saving of all its life and does not have to do with the money that received from the outside, which was left denial with the documentary evidences contributed in the summary which one hundred seventy and six, one hundred seventy and seven, one hundred seventy and eight and one hundred eighty build to fojas, certified by the financier CIMEX S.A. the one that according to the data base WESTERN Union is credited that Miguel Sigler Amaya and Juan Francisco Sigler Amaya first in thousands year two one received five hundred dollars, as well as in year two thousands two received two thousand four hundred dollars and the second in year two thousands three received two hundred dollars, being the sender of this sum of money among others connotado the contrarrevolucionario D"fana Angel, being corroborated of this form that the contrarrevolucionario group that the defendant ARIEL SIGLER AMAYA directs, the subversive activities who makes are financed by been contrarrevolucionarias organizations in the United States. Also the criminal recognized that he had visited the Office of Interests of the United States in Cuba jointly with his brother GUIDO SIGLER AMAYA in the year two thousands, being taken care of by the civil employee of this office named Patricia who finds to front of Department of Human rights, who I give to several general purpose maps of the human rights, that with date four of November of two thousands the two participated in a meeting in the address of the contrarrevolucionario Felix Navarro Rodriguez in the Municipality of Perico by invitation of the same one in which was present the Head of the Section of Interests of the United States in Cuba, named James to him Cason to whom to him informed questions of extreme interest for their government as well as explained the structure to him of the group and the activities that made against the Cuban Revolution, recognizing the encartado one that made a report directed to the contrarrevolucionario D"fana Angel in whom it explained the distribution to him that had given to the received money document that was occupied to him and that appears as documentary evidence and also expressed the operating judges to him who the radii, the vibrator, the shipper and other goods that was occupied him had received them within the packages that came with the medicines in addition admitted that the information that sent to the Martí call badly their content was on violations that were committed against the members of the group that directed.
Encartado GUIDO SIGLER AMAYA when declaring before the judges accepted that he belongs to the direction of the group that directs its brother ARIEL SIGLER AMAYA, who this organization is pacifica and she is dedicated to study the letter of the human rights being demonstrated the opposite in the development of the practice of documentary evidences in the oral Vista and by the pertaining to a witness one practiced which but ahead we will analyze, also she admitted that she received medicines through the calls mules of North American nationality, that the library that was in the address of its Ariel brother he contained all type of Literature and he was destined to the members of the group and the town, admitting that I participate along with his brother Ariel in a meeting that took place in the address of the contrarrevolucionario Felix Navarro Rodriguez who had invited them to the same one, in which was the Head of the Office of Interests of the United States in named Cuba present James Cason to who they explained to him like was structured his group and the activities that made throwing a memory photo the one that consists like documentary in the roll of the cause.
In addition it expressed before the juzgador organ which monthly Wednesdays met and did watch all from eight and thirty to eight and forty at night, in memory of the political prisoners, which they have organized activities the twenty-eight of January and the twenty-four of February with the objective to put flowers to Martí and the victims of the independence war, admitting that it has sent by means of lIamada telephone different information from bad Ia called radio transmitter Martí from the address of a member of his group Antonio Roja who IE has offered information to independent journalists on violations of the human rights in Cuba, that in an occasion visited wing office of Interests of the United States in Cuba place where Patricia was taken care of by the named citizen, Civil employee of this office which it takes care of the human rights, who gave the general purpose map to him of the human rights, accepting that had bond with the contrarrevolucionario Oscar Elías Bicet to whom they supported in apparent an uninformed one which he himself made day seven of nine and ninety June thousands nine hundred in City of Havana, admitting that it has relations with the contrarrevolucionario D"fana Angel through telephone calls, having knowledge that the same one is in the United States and that belongs to a group of Human rights, in addition recognized that it has sent the news badly call radio transmitter Martí directly and through the contrarrevolucionario Tomás Fernandez Tiers.
EI juzgador organ has valued separately and as a whole the ample practiced documentary evidence in the oral Vista, as they are the resolution of the registry conducted in the address of the defendant ARIEL Sigler AMAYA, where appears occupied numerous goods and money which it demonstrates all his present contrarrevolucionario, who appears to fojas from the three to the seven of the file of preparatory phase, fototabla ilustrativa of the registry conducted in the house of judged, which thirty and the nine build of fojas eight to, as well as the video observed by the judges in the oral judgment which it demonstrates the characteristics of the house, location of the independent library where they appear books, magazines, pamphlets and posters, as well as the location and shows of Independent the Medico Doctor's office in which great foreign amount of medicines and equipment of origins are observed, shows of the money in occupied cash, Cassete of videos and recorder, contrarrevolucionarios documents, photographies of the content of casettes of video, in which they appear the defendant ARIEL and GUIDO in a contrarrevolucionaria meeting, fragments of paper with corresponding number telephone aI department of human rights of the Office of Interests of the United States in our country, telephone numbers of been contrarrevolucionarios in City of Havana and other localities, everything which demonstrates the bonds that maintained the judged ones with the contrarrevolucionarios groups of the country, with the SINA and their civil employees. Also the documentary one has been valued that appears to foja forty and one to fifty and the one of consisting of the Sumarial File summary of the content of casettes of video and recorders occupied in the building of the defendant ARIEL, with the corresponding transcriptions that corroborate the contrarrevolucionario content of their texts and images, identified false denunciations to the calls independent journalists as well as contrarrevolucionarios interviews; the documentary one appears from fifty and the five to fifty and the eight that it includes/understands fototablas ilustrativas of the photographic comparison of the occupied die, that demonstrates its sent document use to give character him official and pertaining to encartado ARIEL. Valuing in addition by the juzgador organ the investigation to conduct of the defendant ARIEL SIGLER AMAYA who builds to foja eighty and three to eighty and the five, as well as made official acts of warning to the same one that eighty and six to the eighty and nine both of the Sumarial File build to fojas. Fototablas ilustrativas of the address of the defendant GUIDO SIGLER AMAYA who appears to fojas from ninety and the two to ninety and the eight, the acts of warnings official made to the criminal GUIDO which one hundred fourteen to one hundred the sixteen of the Investigativo File consist to fojas, as well as documents of analysis of the materials with contrarrevolucionarios texts occupied in the house of the defendant GUIDO who demonstrates to their contrarrevolucionaria activity those that consists to fojas one hundred fifty and nine and one hundred sixty. Considering the Juzgador Organ documentary that build to fojas one hundred sixty and two, one hundred sixty and three and one hundred sixty and the four specially consisting of ones information which two thousands two and two thousands three were paid to the transmitter bad called Martí Radio between years referred judged ARIEL SIGLER AMAYA, the documentary one that builds to fojas one hundred seventy and one hundred seventy and one consisting of certifico emitted by the Commander of the Unit of Protection to the diplomatic seats by means of which I am demonstrated that encartado GUIDO SIGLER AMAYA I visit this Office day twenty-nine of January of two thousands the three. Also it has valued the documentary one that consists of one hundred the twenty-two to two hundred fifty and nine consisting of certifico and documents sent by the Director of Press the International of Outer Relations by means of which it is demonstrated that encartados ARIEL and GUIDO SIGLER AMAYA, they have published and they have been mentioned in numerous articles of different means of presses and foreign communication, making references to its opposite work to the interests of the Revolution.
The Court has considered the ample contributed pertaining to a witness test in the act of oral judgment, being due to emphasize by his importance declared by the witnesses the Pedro Luis Figueroa Ferrer, Iván Delgado Leon and Mayra Suárez Guillén, who before the judges expressed that they have been present at different activities made by the defendant ARIEL and GUIDO from last names SIGLER AMAYA, as well as its families and other people who are members of their contrarrevolucionario group, like for example the meeting conducted in the month of September in year thousands nine hundred ninety and nine in the Park of the Town of Pedro Betancourt in which encartados and the his group they were taken from the hands and they read a text of the Bible and when finishing began to shout "the Dictatorship Down", We want Freedom for the political prisoners "," the Human rights Live "and before the approach of the town that responded to him with phrases" Alive the Revolution "such retired of the place. That in another occasion in the month of nine and ninety May thousands nine hundred in the own Park of Pedro Betancourt being the day of the mothers, the same group headed by judged ARIEL and GUIDO, shouted slogans "nonjails", "Down the Dictatorship" and "Down Castro Dictator" being repudiado by the present town of the place with slogans "Alive the Revolution", retiring this group before the indignation of the population, that also day ten of December of nine year thousands nine hundred ninety and the same group met in a centric street of Pedro Betancourt, headed by encartados ARIEL and GUIDO who shouted "the Dictatorship Down", "We want Freedom for the political prisoners", also being repudiado by the present population. In addition the declaration of the Elio witnesses has been valued González Márquez and Clara Luisa Serra the Martinez who reside approximately to two blocks of ARIEL and GUIDO those that expressed that two thousands two and two thousands three have observed in several occasions in the year that at the address of the defendant ARIEL has arrived a white panel with diplomatic plate number twenty, ten, fifty and two, where have lowered packages and you exceed yellow and the same one has signed some documents. EI witness Aniceto Navarro González I ratify that it has seen that in the vestibule of the address of encartado ARIEL in year two thousands two have taken place activities simulating a caldosa, where have met the members of this contrarrevolucionario group shouting "Down the dictatorship", which these maintain tuned the radio transmitter Martí to all hours with the high volume, that when the defendant are in the street and see an official of the authority, they are thrown in the floor and they begin to shout "Down the Dictatorship" and to say that they do not give him, creating of this form alteration of the order in the place. EI witness Leonardo Valdés Aztizarrain who resides in front of the building of the criminal ARIEL and has seen that constantly at this address different people arrive, parquean vehicles with different plates, that they bring packages and boxes to him, in this house take place meetings frequently and shout phrases like "Ending the Castro tyrant", as well as "To end the Dictator", who in an occasion the brother of the defendant Miguel Sigler Amaya that are member of that contrarrevolucionario group approached to him and he asked for to him that he got up the group to them, which not fué accepted by him, also expressed that in the house of the criminal ARIEL they sen accustomed to to tune Martí Radio to all volume which caused malaise in the neighbors, the witness Migdalia Herrera Acosta who demoted that she participated like eyewitness of the registry that was made to the address of encausado ARIEL SIGLER AMAYA having observed in the interior of the building a signboard to him that said "Independent Library" that in the place books took care and newspapers who were not Cuban, in another area of the building there was a signboard that said "Independent Doctor's office" where was great amount of medicines, in the quarter of the defendant ARIEL took care a drawer with great amount of you exceed yellow, in a drawer took care more than thousand dollars to him American, as well as Cuban money, casettes of recorder and video, two radios and in a book the American sum of thirty dollars. EI witness Jorge Rego González expressed that it participated like witness in the registry made in the address of encartado GUIDO and could observe that to the same one they occupied to him, pamphlets a black new telephone and a medicine drawer among other things. By I complete counted on ample exhibition that made Instructor Police Greater Osmel Escalona Sanchez which explained that defendant ARIEL and GUIDO form part of one of organizations but aggressive of province of Slaughters, which they had like objective to destabilize the population and to narrow the bonds with other contrarrevolucionarios groups of the country and thus to contribute to the campaign which it carries out the Government of the United States against the Cuban Revolution, that all the activities that made were financed by the contrarrevolucionario D'fana Angel, which demonstrates it in occupied documents, by means of which render account to him to the same one of the caused expenses, evidently by money sent by him, who said grupúsculo tried to give a Pacific shade, but their acts exposed when having a signboard to it that said, "Nobody can win to us", that made telephone calls to badly called radio transmitter Martí denouncing supposed violations of human rights.
The Organo Juzgador valued as a whole the expert test practiced in the oral Vista like fué declared by the skillful Doctor Moisés Jorge Castro Alonso, Specialist in pharmacy that expressed that vió the occupied medicines and such are not commercialized in Cuba such being produced in the United States, skillful Captain Orlando Pantoja Diaz considered on writings that appeared in occupied documents and receipts of payments verifying itself that it was the letter of encartado ARIEL SIGLER AMAYA, the expert Jose Cardinal red Luis Cañizares whom by means of video it presented that all Ia occupied Literature had subversive content, tendiente to break the order, that by his character and the amount of unit went directed to our population, by I complete the Aryan expert Windy Alexander ratified its opinion and expressed that the occupied radii have the capacity of double conversion, of aIta selectivity and sensitivity, which allows with a telescoping antenna to be able to catch the transmitters, as well as this type of radio is not commercialized in our country. Being all these forceful tests as a whole sufficient and to form firm Ia conviction in the members of the Court of the responsibility of both defendant in the facts that have occurred like proven.
THIRD BEING: That the operating Public prosecutor modified his provisional accusatory conclusions, elevating to definitive those that build to fojas of the five to Ia veintiuno and fifty and fifty and nine of the roll of Ia cause.
QUARTER BEING: That the Lawyer who defends to both defendant in this cause maintained his provisional conclusions elevating definitive those that build to fojas thirty and one, thirty and two and thirty and three of the same roll of the cause.
FIRST CONSIDERING: That the facts that we have declared proven integrate the crimes of ACTS AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA that anticipates and sanctions the effective Law number eighty and eight of sixteen of nine and ninety February thousands nine hundred, in its articles four, separated one and two interjections a) and b); six, separated one and three, interjection b); seven, separated one; eight sections one and two and eleven; because their comisores, with the special spirit to facilitate the objectives that were anticipated by the government of the United States from America when dictating the Law Helms-Bulton, the blockade and the economic war against our town, directed to break the internal order, to destabilize the country and to eliminate the Socialist State and the Independence of Cuba, IE directly gave to the maximum to representing diplomat of the North American Government eu our country information related to the integration of the grupúsculos contrarrevolucionario in our territory, informing them in addition to their activities and disposition to serve to them as laborers in this war that frees that country against our political project, economic and social Socialist. In second term Integra special the penal type of article six, separated one and three, interjection b) of the legal text alluded to noun because such protagonists of the facts accumulated printed material of subversive character that IE provided directly and indirectly the same North American government with the purpose of creating an internal state of subversion in our country, spreading this contrarrevolucionario material between its followers, even, creating a minilibrary in the seat of his grupúsculo; and in it it was corroborated that the active agents perceived remuneration sent to their people by the North American government of concealed form. Thirdly Integra the criminal type preceptuado in seven article section one of the own mentioned Law because the encartados ones sent repeated falseada or distorted information of our partner-political and economic reality to means of massive diffusion used by the North American government to reach the aggressive aims that have demonstrated during all these years towards our country. Also cualifica the tipicidad of article eight, separated one and two, of the applicable special legal norm in this case because such comisores of the preceding crimes they promoted the execution of disturbances of the public order, and even disturbed by himself that, when they were dedicated to summon the celebration of activities you publish in open sites and the place where they reside, with the purpose of denigrating Ios postulated and the historical roots of our revolutionary process. In this case one becomes essential to reiterate the criterion of Room of which to disturb the public order, as very textually it appears in that infringed rule is not locked in in the simple idea that with an act the tranquillity of a site is altered or physical confrontation between people is generated, but that to disturb, like legal concept, implies to remove a situation from its normal state towards another anomalous one or different that can lead to the people from that surroundings in a opinion different from impermisibles things for the popular masses in our country extending then from the social order, that is greater than the public order.
Finally a crime of article eleven has been described as the own one, because irrebatible happens that the comisores of these facts received by means of third average financiers coming from Ias gubemamentales coffers of
The United States to be able to also commit the preceding crimes described by this Room, evident and being verified that those bottoms distributed between the other members of his grupúsculo to monetar received them like payment by their stateless and treasonous services.
SECOND CONSIDERING: That the defendant ARIEL and GUIDO SIGLER AMAYA are declared authors penal responsible for all and each one of the crimes before described by the Room because they committed by his own hand and conscience, that is, directly; in accordance with the established thing in article eighteen, separating two, interjection a) of the Penal Code.
THIRD CONSIDERING: That in this judged subject modifying circumstances of the criminal responsibility for some of the encartados ones do not concur, as the Public prosecutor and the defender of these raise well.
QUARTER CONSIDERING: That we do not have either to be pronounced on originating civil responsibility of the crime because the same one did not generate affectations that must receive this legal treatment.
FIFTH CONSIDERING: That to establish the main sanctions that IE will be applied to the defendant ARIEL and GUIDO SIGLER AMAYA, this Room appreciated the postulates established in articles twenty-seven, forty and seven, interjection one and fifty and six, separated one interjection b), of the Cuban Penal Code; being important to indicate in this case that the penal right really, when it penalizes typically by certain acts contemplated in his norms, does with the purpose of repressing the done authors of Ios, to try to reinsertar them to the same society and to prevent so much in them as in the others that repeat similar illicit actions; therefore, if those are the aims that the judges we persecuted in this case is unquestionable, then that we must prevail of the freedom to both defendant per the possible times next to the established maximum limits for each crime, as well as aI to conform the joint and unique sanction to them that necessarily must summarize the others; and this is not but that Ia answer of our Cuban State aI attacks its political bases, social and economic that for more than forty years has been coming suffering on the part of the Government from the United States of America; and if these that today we judged are their wage-earning laborers, we must sanction it proportionally to the danger makes specific that they have demonstrated with its treason to the Mother country acting of that way, especially when we have verified that is individuals who have shown to that opposite conduct aI derecbo and the interests of real independence and sovereignty of the Cuban town from times back, consisting to them reiterated official warnings that demonstrate that are people misadjusted in this point of their lives; applying to it them in addition the accessories of articles thirty and seven and forty and three, separated one from the own mentioned Penal Code, because both are mandatory in this case; solving definitively as it follows:
WE FAILED: That we must sanction and we sanctioned to ARIEL SIGLER AMAYA, like author of the crimes of ACTS AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, of article four, separated one and two, interjections a) and b) of Law eighty and eight of sixteen of nine and ninety February thousands nine hundred, to FIFTEEN YEARS OF FREEDOM DEPRIVATION; by the crime anticipated in article six, separated one and three interjection b) from the own one, to FIVE YEARS OF FREEDOM DEPRIVATION; by the crime anticipated in seven article section one, of supra mentioned Special Penal Law, to FIVE YEARS OF FREEDOM DEPRIVATION; by the crime fixed to article eight, separated one and two, to SElS YEARS OF FREEDOM DEPRIVATION, and by the preceptuado penal type in article eleven of the same mentioned Substantive Law. to SEVEN YEARS OF FREEDOM DEPRIVATION; receiving like JOINT SANCTION and
UNICA THE ONE OF TWENTY YEARS OF FREEDOM DEPRIVATION.
That we must sanction and we sanctioned to GUIDO SIGLER AMAYA. like author of the crimes of ACTS AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, of the article four sections one and two interjections a) and b) of Law eighty and eight of sixteen of nine and ninety February thousands nine hundred, to FIFTEEN YEARS OF FREEDOM DEPRIVATION; by the crime anticipated in article six, separated one and three, interjection b) of the own one, to FIVE YEARS OF FREEDOM DEPRIVATION; by the crime anticipated in article seven, separated one, of supra mentioned Special Penal Law, to FIVE YEARS OF FREEDOM DEPRIVATION; by the crime fixed to article eight, separated one and two, to SIX YEARS OF FREEDOM DEPRIVATION, and by preceptuado penal type in article eleven of the same mentioned Substantive Law, to SEVEN YEARS OF PRIV ACIÓN OF FREEDOM; receiving like JOINT SANCTION and UNICA THE ONE OF TWENTY YEARS OF FREEDOM DEPRIVATION.
Accessoryly the one 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 in the organs corresponding to the administrative Political activity of the State, as well as in State Economic Units and Social Organizations and of Masses is dominated to them both defendant during the time in which they are fulfilling the privative sanction of freedom ready by this sentence although it is in anticipated freedom; receiving both also the mandatory accessory of the Comiso of the instruments and effects of these crimes, that consist of definitively stripping them of the goods and objects that were occupied to him in these performances and that keep direct relation with the facts being following: As far as the defendant ARIEL SIGLER AMAYA, those that are related to fojas three, four, five, six and seven of the summary, being the ten convertible Cubano Pesos, both thousand seventy and six dollars and the sixty pesos in national currency those that pay to the patrimony of the State and will be entered to the bottoms of the Box of Compensations of the Ministry of Justice; a written document to titled machine "Extrajudiciales Sanctions Applied by the Security of the State against the Dissidents", a document written by hand with the relation of programmed activities in the month of November; twelve documents written by hand on made antecedents; five acts of meetings; a written document to titled machine "Virgilia by the victims of the Terrorism". an official citation of the Police two calls of aids made in computer with Titulo "Pedro Luis Boitel Vive"; three documents written in titled computers "We celebrate the twenty-four of February"; two documents written in titled computers: "the concepts foundations of the Manifesto of Montecristi; two information made to machine on made activities in two thousands the two; a written report to machine that speaks on repression; a report written to machine on Julian Sabino Rodriguez Trujillo; two documents to titled computers "Castro, do not condemn our brothers", a titled document to machine "Increase of the repression to the population"; a report typed on supposed repressions; a written letter to machine directed to the Congress of the United States; fifty folletines titleholders Movement all united ones; three folletines titleholders Political Testament; a list on the game of the small ball; a document on file order, a document on the registry of visitors to the library; a registry of members of the MIOA. a document on we rendered of books; two typewriters in badly been UNDERWOOD mark; an equipment of asthma m coffer PULMO MIST NIDEK; two hundred fifty and folletines on the human rights; a die and its pad; a radio shipper; two radios TECSUN; a camera in badly been mark DINAMIC; a green knapsack olive tree; on broken target with seventy and two photos with members of the MIOA; a black suitcase with its electrical vibrator; four you happen to enter; SINA;a bottle of police officer of four hundred milligrams; a bottle of antiseptic Spray; a multivitamin bottle with one hundred capsules; a bottle of sugar metabolic HELP, that contains eighty capsules of sundown; ten capsules of prevacid; forty capsules of Kaopectate; a bottle of Bufferin; twenty-four tablets of benadrilina in capsules; twelve Gas-X tablets; three aspirin bottles in infantile suspension; sixty tablets of peptobismol; a bottle of nasal Spray, twenty-four tablets of sudafed; a bottle of infantile Tylenol; two bottles of Motrin; a briefcase cracks with curitas; sterilized gauze and scissors, a plastic box with rolIo of gauze, three a sodium chloride pads, bottle, two ampulas of lidocaina, a syringe and cátete with its additions; on with aplicadores;an equipment of asthma DEVO/PVO2 with its accessories; three cassette VHC; three cassette of small video and five audio cassette of two of them in their case, several documents and bibliography of subversive character, related to the grouping to which the main inhabitant belongs, between these documents were end of eighty and eight comprobantes of payment of the quotation of the denominated grouping "Independent Movement Alternative Option" of who there is a total of twenty-six lIenos bonds with the data of the cotizante member, two units of the religious magazine "New Word" takes care in addition a telephone agenda where names of several people of different localities from our country are written down. As far as the criminal GUIDO SIGLER AMAYA, a total of sixteen bottles of medicines of American manufacture, between which are multivitamin, tablets to avoid acidity, vitamin and, pills of codfish oil, ibuprofen, aspirin without acid, complex B, a tube of pomada composed by three eight antibiotic and tirillas of tablets of a named medicine loperamide, hidrochloroid antidiarreico and a total of eleven batteries of one end five volteos, as well as a telephone I moderate CITIZEN.
These goods and objects that happened to the state patrimony will receive the following destiny: the medicines and medico instruments before detailed and that consist in I deposit in the Provincial Company of Pharmacies and Opticas de Matanzas, according to fojas eighty and eighty and one of the file the free disposition of that organization has left; whereas the rest of the goods related in the previous paragraph will be given to the Internal Dependency of the Provincial Popular Power of Slaughters so that they determine the organizations that will give utility them according to their own nature, except written by hand documents, typed, printed and signed and recorded which also are detailed in advance they will be destroyed by means of its opportune incineration.In the case of the state organizations that they receive to his disposition goods and objects of before detailed, the same ones will be commited to pay their values to the Box of Compensations of the Ministry of Justice within the five later working days to the communication of the Court.
Also as far as the ring of commitment of silverplated color, the ring of silver-plated man and with drawings inlaid around their superior edge, the other ring silverplated with drawings to relief in their superior part of color gilded in form of initials apparently CR and the chain silverplated with fine links of seventy and seven centimeters in length with a medal of silver-plated color that it has to relief to Santa Barbara, who was occupied the defendant to him ARIEL SIGLER AMAYA and consists in deposit in Branch number three thousands eighty and one of and the Credit union four hundred Commerce of Slaughters, according to foja seventy and five a) of the File must to him be given back to this defendant not to have entailment with the crime.
As far as the measures you will prevent of PROVISIONAL PRISON, that was dictated in its opportunity on both defendant in this subject, stay until the sentence gains firmness and is executed the Main Sanction in both cases, being then without effect and paying to it him the time of the same one like preventive it conforms the 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 following 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 and diligences 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
Certifico
CERTIFICO: That it is build-signed and coined faithful and exact copy of his original which in the roll of the cause.