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Pinar Del Rio #1
English (machine translated) | Spanish
THOUSANDS THE THREE SENTENCE I NUMBER ONE OF TWO
PRESIDENT:
Lic. RAUL DIAZ CHURCHES
JUDGES:
Lic. JOSE RODRIGUEZ DIAZ
Lic. CELSO LUIS PLASENCIA DELGADO
CARLOS MANUEL CASTRO CAPETILLO
LUIS MORALES DUARTE
In Pine of the River, to five of April of two thousands the three.
VISTA: In Oral and Public Judgment in Highly summarized Process, before the Room Fourth of the Penitentiary of the Popular Provincial Court of Pine of the River, based on the Room of the crimes Against the Security of the State of the Popular Provincial Court of City of Havana, the Cause Number two of Two Thousands the Three followed of office by the crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE, and anticipated in four articles section one interjections to and b, six section one and three interjections to and b, seven section one, three and eleven of Law eighty and eight of thousands nine hundred ninety and nine, in that they appear like defendant: VICTOR ROLANDO STREAM CARMONA, son of Rolando and Martha, fifty and two years of age, unemployed person, natural of Pine of the River, province of Pine of the River, civil state married and neighboring of the Street Adela Azcuy number ten, between Gerald Medina and First of May, in Pine of the River, defended by the lawyer designated of office, Yurixander Lawyer Garci'a Hernandez and insured with the measurement to prevent of Provisional Prison in this cause, HORACIO JULIO FRAGMENTATION HAND GRENADE LAMB, known by Fragmentation hand grenade, son of Horacio Julio and of Accepts Rose, of thirty and six years of age, unemployed person, natural of Sandino, province of Pine of the River, civil state married and neighboring of the Street Clodoveo Pedroso number one hundred thirty and six, the Martinas, in Sandino, province Pine of the River, defended by the lawyer designated, Licensed Queen Maria Velíz Zayas and insured with the measurement to prevent of Provisional Prison in this cause, FIDEL SUAREZ CRUZ, known by Papote, son of Fidel and Candlemas, thirty and two years of age, occupation Small Agriculturist, natural of Sandino, province of Pine of the River, married and neighboring civil state of the Cooperative of Production Farming "Carios Manuel de Ce'spedes", of the Sandino municipality, Pine of the River and defended by the designated lawyer, Lawyer Fernando Alexis González Carmenate and insured with the measurement to prevent of Provisional Prison in this cause and EDUARDO DIAZ FLEITAS, son of Antonio and Andrea, fifty and years of age, occupation Small Agriculturist, natural of Consolation of the South, province of Pine of the River, civil state married and neighboring of twenty Street number thousands eight hundred three To, in the town Relationship of Horseshoe in Consolation of the South, defended by the designated lawyer, Lawyer Assenesch of the Mercedes Avila Milián and insured with the measurement to prevent of Provisional Prison in this cause; while the Fiscal Ministry was represented by the Lawyer Gustavo Elías Fernandez Martinez.
BEING PONENTE THE JUDGE: LAWYER RAUL DIAZ CHURCHES
FIRST BEING : Proven that the defendant assured with the measurement to prevent of Provisional Prison, Víctor Rolando Carmona Stream of fifty and two years of age and other generals briefed in the heading of this resolution, from beginnings of the decade of the Nineties broke his bonds with the Cuban revolutionary process to which he was integrated and, betraying the principles that defended, with the only and deliberate intention to change our Socialist project, authenticated recently by the will of more than eight million of Cuban, and to obtain in exchange for it money and other means in personal benefit, made in this province of Pine of the River, specially in the municipality of the same name, the following facts:
Nine hundred ninety and two to different contrarrevolucionarios grupúsculos were integrated from thousands from which he was separated by his egocentrista and misadjusted character, until in thousands nine hundred ninety and eight self-proclaimed "Independent Journalist", tying to the denominated news agency "CUBANET" been in Puerto Rico, initiating therefore an intense campaign of denunciations against the Cuban Revolution, through badly called "Radio Marti", Mambi Radio "and" the voice of the United States of America ", located in North American territory occurring to know, of that form, in the cupola of the internal counterrevolution and at international level, which was worth that Jorge to him Holyer, present Director of the archirreaccionaria and terrorist "National Foundation Cuban American", it congratulated it by means of letter by the developed work. One tied closely with the Office of Interests of the United States of America in Cuba, and very specially with his ex- female leader, Mrs. Vicky Huddleston, who he took care of in his home in the month of February of the years two thousand, and of that he received money, Literature, communications equipment, and computers, to make his work and thirty and nine receiving radios of high frequency destined to catch foreign transmitters, receiving recently in his home, next to a group of contrarrevolucionarios to the present Head of that Office, Mr. James Cason that have to him provided financing, Literature and radio equipment of great power stop to hear mentioned the emitting foreigners, which has distributed the defendant between different people from this province. Similarly she has maintained narrow relations of work and friendship with Omar Lopez Montenegro, active member of the "National Foundation Cuban American", who has provided to money in cash and other average ones like portable radios of high frequency, headsets, batteries, shippers of batteries, FAX equipment, fotocopiadora and foods to him, the one that deals with it brother in the systematic correspondence that between both maintains; with Janissett Rivero González, ringleader of the Cuban Democratic Directory group contrarrevolucionario "in Exile", been in Miami, from that also have received money and books, and with Frank Hernandez Trujillo, connotado ringleader of the call "Support battalion to the Dissidence", from that has received money and specially
medicines, that have distributed by means of a "been independent medical doctor's office" in Guane, and through other contrarrevolucionarios elements. This has allowed to the defendant STREAM him CARMONA to change substantially its way of life then with the money obtained by the denunciations that have done, and the financing that the United government of the State through the mentioned organizations has offered him, acquired one moto dials "to four Jawa three hundred fifty and" red color with circulation plate number PRD two hundred six who use he and their close friends in their antisocial activities, as well as bought varied household-electric, movable equipment and repaired the house. In the last years it has developed a work against the Revolution of such magnitude that the contrarrevolucionaria organization "Human Rights been Watch" in Miami, granted a prize to him in metalist, denominated recently "Hellman Hammett" by her served to the Empire.
That in 2002 with the aid of the Office of Interests of the United States of America in Havana and the organizations already mentioned, Independent Library "in the address of its mother, situated created a call" in the street "Adela Azcuy" number ten in the city of Pine of the River, to which put by name "Kings Magos", equipping it with more than six thousand titles, magazines and other publications, whose content is directed to discredit our political and social system, as well as to his leaders, and by own managements, using itself his relations, it obtained that the multimentioned Office of Interests distributed regularly in all the Pinareña Province subversive Literature to other created libraries, by means of a vehicle with diplomatic plate.
In addition, by an own characteristic of its personality, Integra and is cooperated as soon as anti-Cuban project can provide money to him or nobody benefits to him or the Empire.
That also defendant HORACIO JULIO FRAGMENTATION HAND GRENADE LAMB, of thirty and six years of age, EDUARDO DIAZ FLEITAS of fifty and years of age, and FIDEL SUAREZ CRUZ of thirty and two years of age, whose other generals also brief themselves in the heading of this resolution, in order to undermine the bases of the political system of the State democratically decided by the town of Cuba, encouraged by the hostile and aggressive policy of successive American governments and its effort to foment the development of the internal subversion, knowing that the defendant VICTOR ROLANDO STREAM CARMONA one considered his same contrarrevolucionarios aims, decided to tie with this one last one for which they began to provide articles, chronicles and other works to him, distorting the Cuban reality, mainly in the spheres of the health, the education, the medio.ambiente, as well as the prestige of the leaders and the economic, political and social structure of the Cuban State, being in charge to the defendant STREAM CARMONA, by its different conduits, to make get the information at the different news agencies not credited by the Cuban Government, in correspondence with the aims of the Government of the United States, tending to inside promote and to organize contrarrevolucionarias actions and outside the territory of the Republic of Cuba.
Similarly, defendant HORACIO JULIO FRAGMENTATION HAND GRENADE LAMB, EDUARDO DIAZ FLEITAS along with the defendant STREAM CARMONA, settled down bonds and contacts with the Office of Interests of the United States in Havana, participating in meetings and encounter with the main civil employees of the last periods of mandate, that contributed to the financing and the average materials for the development of this activity and oriented how to respond to the requirements of the mentioned office to give continuity to the projects of the North American government to destabilize the Cuban Revolution, those that were carried out in the address located in the street Adela Azcuy number ten, where this one last one had established the library already mentioned, being able to state during the investigation, the periodic visits to the Office of Interests of the defendant DIAZ FLEITAS and STREAM CARMONA, in order to extract information and copies of the news, receiving from same the indications to make its activities, directed to guarantee the American injerencista policy:
Collaterally to the information that gave to the defendant FIDEL to him SUAREZ CRUZ to the defendant STREAM CARMONA to be able to fulfill its activities exactly subversive, it organized another Library in the town of Cayuca, Manuel Lazo, municipality of Sandino, province of Pine of the River, to which it denominated "San Pablo", and like a others more, all the subversive and contrarrevolucionaria documentation was to him proveída at this one last one, through the Office of Interests already mentioned, as well as Fragmentation hand grenade Lamb systematically supplied to the call "Independent Medical Doctor's office" of Guane, with sent medicines of the United States de Norteamericana by the contrarrevolucionario Frank Hernandez the Trujillos, who to him were given by Carmona Stream.
During the investigativo process one took care to the defendant the material equipment to them, books and Literature that maintained in their power, to obtain his objectives, specifically to the Stream Carmona, a total of two hundred dollars North American, entered in deposit in the branch number fifteen the forty and one of Credit union and Commerce of Pine of the River, by means of the check eight number zero three twenty-five thirty and and one card TRANSCARD of numeration sixty seventeen eighty and one nineteen sixty and two fifty and nine ninety and three fifty and one, with a one hundred balance to of fifteen ground zero three dollars, doing a total of three hundred fifteen ground zero three, in that currency
Accused EI VICTOR ROLANDO STREAM CARMONA, broken ties with all socially useful activity, that is not related to the neighbors, nor participates in the activities of the organizations of masses of their place of residence, with criminal records in the Cause number one hundred thirty and two of thousands nine hundred ninety and six of the Popular Provincial Court of Pine of the River, by the crime of Attack, sanctioned to a Year and six months of Deprivation of Freedom and in number one hundred of two the thousands of the Popular TribunalMunicipal of Pine of the River, by the crime of Speculation and Monopolizing to six months of Deprivation of Freedom.
Accused EI FIDEL SUAREZ CRUZ, even pronounces against the political organizations and of masses of open way and of disobedience and confrontation against the authorities of the locality where it resides, being object of several official warnings by its expressions against our maximum leaders, and sanctioned in Cause seventy and six of year two thousands of the Popular Municipal Court of Sandino by the crime of Disobedience to six months of Deprivation of Freedom subsidized by Limitation of Freedom, that was revoked to him.
Accused EI HORACIO JULIO FRAGMENTATION HAND GRENADE LAMB, broken ties with all socially useful activity, maintains poor men relations with their neighbors, does not participate in the activities of the revolutionary organizations, being sanctioned in one and ninety Cause thousands ninety thousands nine hundred of the Popular Provincial Court of Pine of the River, by the crime of Illegal Appropriation to Three Years of Deprivation of Freedom
Accused EI EDUARDO DAIZ FLEITAS, is small agriculturist, who is not related to the neighbors, nor participates in the activities of the organizations of mass of their place of residence, being sanctioned in Cause twenty of two the thousands of the Municipal Court of Ten of October by the crime of Disorders Public to a Year of Deprivation of Freedom subsidized by Limitation of Freedom, and previously by another contrarrevolucionario crime that expired like criminal record.
SECOND BEING: That the Court to form conviction of the proven facts considered of the act of the oral judgment, the declarations of the witness Juan Camejo Register, that is the Provincial Delegate in Pine of the River of the movement of Independent Libraries, the one that explained how the representatives of the Office of Interests of the United States periodically provide to articles and varied bibliography, exposing how they meet to debate on human rights and democracy and received radio receivers to listen to foreign transmitters, between which logically is Martí Radio and that in addition moto Jawa three hundred fifty and four bought next to the defendant Stream Carmona one, which originally was of its property and that was destined to use it in activities of its grouping, being clarified publicly that considers an opponent to the revolutionary system, being this certain and explanatory declaration considered like of the facts in analysis; on aspects related to the subject of the independent libraries, also the witness René Oñate Sixto declared, who is librarian in one of them, reaffirming the form of acquisition of the texts whom she has, which are provided by the Office of Interests of the United States, affirming that it participated in meetings with representatives of this office in address Carmona the Stream and that in this struggled subjects of Democracy and Human rights.
Doctor Janoy medicine Humberto Hernandez Piñero, of self-assured way, exposed how he founded and toils in an independent doctor's office that works in its address in the town of Guane in Pine of the River, how the idea is financed by residents in the United States, that sends medicines and insumos periodically to him, in addition to technical equipment to carry out its parallel tasks to the Cuban system of health, and why the defendant Carmona Stream is the soul of the process, how the defendant Fragmentation hand grenade Lamb supports in the project, although is not member of the "Independent Medical School", everything which is sure evident and known publicly and once again demonstrates how the mentioned processings have participation in several projects to the unisonous one and that all go directed to a same aim that is, without doubts, to create expectations of political and social changes and to influence in the process of internal destabilization of the country.
The witnesses Jesus Floro Perez Hernandez and Jesus Domínguez Hernandez, of way make specific and sign explained details of shipments of you exceed and other articles that regularly were taken to the address of the defendant Carmona Stream in the street Adela Azcuy number ten in this city and province of Pine of the River, and how these were brought in official vehicles with diplomatic plate, which ratify that they came from the Office of Interests of the United States, and are recognized by the defendant and therefore she happens to be part of the probatory element without cuestionamiento some. On the other hand, the witnesses Margarito Guzmán Perez, Avilio Manuel Garcerón Lazo and Miguel Puebla the Lopez, who are neighboring of the Relationship of Horseshoe and know, several years ago to the defendant Eduardo Diaz Fleitas, exposed how this she assigns according to his decision medicines that receive from the United States and like it is known by all in the zone that directs to a competing group of the calls "Human rights", making activities, meetings, using our national flag and exposing posters, where freedom for the political prisoners and of conscience is requested, in a frank challenge to the legal, political and social system, everything which creates malaise in the settlers of place and repudio, because such activities are directed to create extreme situations in the social order and to instigar to those who close reside to maintain activities of this type, which under no concept can be allowed nor be tolerated.
The witnesses Celso Estanislao Salgueiro Pause, Adalberto Jesus González Rodriguez, Alfonso Camejo Cruz, Pedro Manuel de Celis Maza, Francisco Peraza Viamonte, Lorenzo Calzada Sanchez, all residents in the town of the Martinas, Sandino, and of Manuel Lazo in Guane, the own province of Pine of the River, places where they made his encartados activities the Fragmentation hand grenade Borrego and Suárez Cruz, firmly explained as both had a noticeable and public behavior of opposition to the revolutionary system, being their work in this sense directed to nuclear members with that objective, doing activities of this cut, summoning even to acts of civil disobedience that always were restrained by public interest action, exposing how in the address of Suárez Cruz a "Independent Library" with publications of all type existed and where periodically personaba a plate vehicle
diplomat of the Office of Interests of the United States that brought Literature of the type which we will analyze later; adding the mentioned witnesses the antipopular impact of acting of such defendant, because it went directed to destroy the conquests of our town of the way infuriates and opportunist more, pretending to be paradigms of the human rights and the citizen attention, camouflaged his intention, with the book loan of noticeable tendency to an opposite ideological direction to the Revolution, with the medicine delivery provided by the own Empire that denies the commerce of this type or by means of third countries with Cuba, making difficult the attention specialized and the medicine supplying to Cuban children before the imperative of the Law Helms- Burton, because he is ironic and contradictory who if its eagerness is the social welfare, and the economic possibility is manifest, why is only provided medicine by means of competing groups? it is not perhaps a route to play with the necessities of the human being and to inoculate the twisted ideology to him that they proclaim, and the clear eagerness to fight to serve in all you order them to Yankee imperialism.
Another clear and diaphanous witness Was trimming it Baths Martinez, who fungía like President of the Popular Council of the Martinas to the passage of the cyclones that whipped the province in year two thousands two, which ratified the elements contributed by the witnesses which already they were analyzed in relation to the defendant Fragmentation hand grenade Borrego and Suárez Cruz, but contributes an interesting element and is to have seen in the zones of disaster by the passage of meteors, to the defendant Carmona Stream, that did not know in that date, but that next to the Fragmentation hand grenade Lamb, looked for information on the attention from the Government affected of the zone and the other subjects with objective to serve as base for the preparation of information that later would be emitted towards foreign transmitters in form of cuestionamiento to the revolutionary process, narrating the witness as of accused energetic way it requested to him to the today that they retired of the place, thing this that they did, observing that had with himself a small recorder to put record of the investigated thing, being this other of the averages provided by the government of the United States for such aims.
Finally, the Court examined to the witness Antonio de la Cruz Hernandez Argudín, who exposed that it was present when they read the declarations which the defendant Carmona Stream rendered in the phase of investigation, which are coincident with the obrantes in the File, and gave faith of how the processing he refused to sign, everything what he was recognized by the same one, reason why not to exist contradiction some, happens to be made proven and coincident with the spirit to declare of the Carmona Stream; besides to listen to the witness and Bernardo psychologist Fernandez Hernandez, who clarified that the Carmona Stream refused to be examined, alleging to have perfect state of mental health, which demonstrated that the dispositions were fulfilled that the Law of Penal Procedure regulates for these processes.
Interesting without doubts Documentología was expert on practiced in act of Judgment Oral, being examined on the matter expert Manuel Canto'n Ploder, which exposed detailed and professionally, as which were demonstrated that the documents occupied to the processings were drafted by them, was not denied by these and happen to thicken the noncontroversial elements of the debate
Expert novel, interesting and a serious one was it the practiced one by the professors of the University of Pine of the River, all with scientific degree of Masters in Sciences and an extensive professional experience, Efrain Echevarría Hernandez, Juan Alberto Blanco Rivera and Rolando Acuña the Vela'zquezes, who of a didactic way and readily accessible, explained how, after almost reviewing in their totality the bibliography of the library "Kings Magos" that directed to Carmona Stream and a total of six hundred ninety and nine articles elaborated by this one, reached the conclusions that the document sent gathers torespect and that clarifies to the character sensationalist and opportunist of writings of the Carmona Stream and the deficiency of professionalism and logical structure of its "works", but clarified in addition the experts, who this to act of the defendant, without scientific endorsement or proven with false contents, are reason for penal sanction in most of the Courts of the World, because it is means of control of the journalistic violations and in the fight by the balance and the informative truth. Demonstrated it was also, character reactionary of most of texts occupied in this library, that is evident are of same direction that existing in rest of these, because examples of book passages were exposed that attempt against the prestige of the history of the Cuban Nation, highest figures like Martí and the Ché Guevara, being irrespetuosos and irreverent these texts, in addition to being significant that idealiza the North American democratic model, in damage of the true history and development of the democracy, being this clearly political and proNorth American position and historical and not merely progressive, everything what demonstrates the true objective exactly of occupied Literature.
EI greater Iván Blanco Canals exposed in his report conclusivo each detail of Instruction and how it went determining the participation of the defendant in the facts that are imputed to him, being sure concrete and professional, giving operative and configurativos elements of the committed acts, which stops the Room was vital in the explanation of the events.
A witness also examined in accordance with the article three hundred forty section two of the Law of Penal Procedure proposed by the public prosecutor and admitted by the Room, was agent Saúl of the Security of the Cuban State, the Lawyer in Right Mountain Pedro Urra, who during two years was next to Carmona Stream and gave faith of the contrarrevolucionarios acts of this and the activity that knew directly or indirectly the rest of the processings, like members of the competing groups, needing that the objectives of acting of these are to destroy the social conquests, the hypercritic to the revolutionary system and the fight to cause that the North American government finally, obtains his intention and be left under his reins the destiny of the Cuban town, also basing the character lucrative of the activities of the Carmona Stream, that received payments in cash of the news agencies to which it sent his unhealthy commentaries.
All this detailed analysis brought with himself that misestimated the declarations of the defendant in this process VICTOR ROLANDO STREAM CARMONA, EDUARDO DIAZ FLEITAS, HORACIO JULIO FRAGMENTATION HAND GRENADE LAMB and FIDEL SUAREZ CRUZ, because although of way it signs and clear they accept the acts and cause that occurred by proven in this own sentence, being all cronómetricamente demonstrated in the investigation, wanted to demonstrate that in way some their intentions were to facilitate the objectives of the law "Helms Burton", the blockade and the economic war against our town, nor to break the internal order, to destabilize the country nor to eliminate the Socialist State and the Independence of Cuba, which is not exact nor logical, because all his to act it was directed indeed towards that objective, patiently monitoreado and being studied by the authorities of the Security of the State, until this prudent moment at which it became untenable east to act and to name of the Cuban town the encartados ones are processed penal. Proven aspect was the crude takeoff of the standard of life of the defendant Carmona Stream, that of a modest worker happened to count with high sums of money and to invest them in its personal benefit, being occupied several luxurious articles in the address of its wife, articles and materials these, being acquired with the money received by its activity like payment to its personal risk, being the one in charge to distribute extreme of money to the rest of the opposition groups; being weakened the saying by the defendant Fragmentation hand grenade Lamb, when some by his declared not to have received money to drive contrarrevolucionario and it was shown by the judges a receipt signed by his own fist and letter to him, where ten dollars American for their activity were given to him, of the originating money of the United States; another example is it in the case of the defendant Suárez Cruz, who received one hundred dollars originating of that country, according to him, to recover the damages that its house in the cyclone suffered. Its patrimony does not increase east money, it does not receive it by his competing activity? For the judges it is clear particular east and this is only minimum examples.
The previous thing is corroborated with the extensive one and detailed documentary obrante in the performances, such as the acts of occupation and deposit of the goods that in the addresses of the defendant were and that all came from one and another form of the money that was assigned from the United States for the activity in analyses, describing itself and taking care other goods that in the case of Carmona Stream are for personal use, and that thickened their originating properties of the same source and that they demonstrate the destiny from this money that paid served that were to the Empire, which was highly lucrative and proportional to the difficulties that they will have by his to act within a society that repudia and extirpates immediately; other interesting documents are the results of technical revisions to receiving equipment occupied the defendant who demonstrate that they were in perfect state of operation, and in the heat of capacity for the reception of radial signals of the outside, thus was given by representatives of the office of Interests of the United States, with the purpose of spreading to their doctrines and lines of Work. The expert works made to the computer and typewriter were also analyzed occupied to Carmona Stream, that threw that in these equipment it keyed in his writings, which reaffirms what he already recognized from the investigativa phase.
The certificates emitted by Financial Organization CIMEX were consulted Joint-stock company, analyzing the data base of the Wester Union where the money transactions that through such agency the defendant made Carmona Stream, being this one of the official routes are shaped by which it received bottoms from the United States to unfold his activities; also the operations conducted by this defendant through agency TRANSCARO were consulted, via also alternative receiving the referred money coming from the United States, obtaining by the same one of year two thousands one to two thousands the three, a total of two thousand sixty dollars with ten cents, being as balance one hundred fifteen dollars with three cents that are occupied. They analyzed in addition corresponding the certifico by reception Carmona the Stream through CUBAPACK of medicines by an equivalent one of four hundred eighty and six dollars with twenty cents. All the previous documentary evidence the movements of money and medicines that Carmona Stream received from the United States to fulfill its mission in Cuba. Consulted in addition it was it a certifico emitted by CUBAPACK where slogan as the defendant Eduardo Diaz Fleitas received a medicine package coming from the United States, which reaffirms already declared by him, like in the case of the Horacio processing Julio Fragmentation hand grenade Lamb, that so recepcionó sent also the same via, to who a FAX took care marks PANASONIC to him that has perfect technical state and that would be used for the communications and sent of information of agile form, of which it builds act of occupation and deposit.
Fototablas ilustrativas made, was clear and precise and exposes the followed procedure, stops by means of expert work of Documentología to demonstrate that of writings sent to the laboratory was tested by the defendant, which proven was and recognized by them it was, and who also happened to thicken the extensive probatory material that unquestionable is. Ilustrativas others fototablas were made of independent way for each defendant, where photographically it exposes the place of residence of these, the occupied objects, show the benefits of the activity which prepared they had the encartados ones and they give eloquent tests photographic, of several contrarrevolucionarias meetings where they are old and present the First Secretary of the Office of Interests of the United States in Cuba, the address of the defendant Carmona Stream (it see its great relevance in this scope, because personalities of that rank, they are its personal friends and they visit its home), besides photographically to pay attention more significant samples of occupied Literature and their titles. Consulted by the judges also they were the acts of occupation and deposit of the extensive Literature that classified was left by names and authors, in addition to several pamphlets, writings etc., which gives the measurement of the magnitude of this activity, where only, in books it was occupied in the address of the Stream mother Carmona, some thousands of these, which allowed a study detailed and scientific of these texts to the experts proposed by the Public prosecutor, analysis this already done previously, whom they corroborated with the obrante expert report in the file, which is a synthesis of the declared thing and analyzed by such scientists in the act of the judgment oral and that demonstrated the true ideological shade of such Literature, moved away completely of the truth and social justice and of the doctrinales and revolutionary tendencies in the matter of democracy, to the being only invocadoras of the North American system, as paradigm without spots, as it puts to reach at any cost.
They were consulted by the judges in addition, several document groups that to loose cords are united to the file and gather by each encartado, the personal documents that ties dog the contrarrevolucionaria activity, being significant, for example, documents published by international agencies, where the figure of the Carmona Stream is heightened, personal correspondence of this, with been contrarrevolucionarios ringleaders in Miami, as it is the case of Omar Lopez Montenegro that calls its "brother", capias of messages of the National Foundation Cuban American, calling to the civil disobedience, written directed personally to Carmona Stream by the first secretary of Office of Interests of the United States in Cuba, like recognition of its dangerous work, congratulaciones arrivals of the United States by a granted prize "to sell its soul to the devil" and to give noncertain information, on subjects several of the country, that would help to undermine the bases of the Revolution in international the public opinion, several calls of contrarrevolucionario cut, and international calls of this type, etc. In the case of HORACIO JULIO FRAGMENTATION HAND GRENADE LAMB and EDUARDO DIAZ FLEITAS, they build in these own documents to loose cord, several contrarrevolucionarios texts and tie models with the project Varela, project this that goes against the legal order established constitutionally in the country, that with an apparent social shade, of opening, looked for the lack of unity, the disrepute to the organs of being able popular, the disrepute of the Cuban election system and to cause instability and confusion of the population, thus to manage its supreme aims to break with years of efforts, revolutionary profits and to orient our process by neoliberal and entreguistas ways, showing an appearance of preoccupation by the fellow and of totally false material and spiritual cooperation.The Vista in the documentary one occupied to the defendant jumps Fragmentation hand grenade Lamb, that this signed a titled document "Certainty of Harassment", in which certificaba, like provincial delegate of the "Party for the Human rights", when some person was questioned or warned by the organs of the Department of the Interior, which gave a competing curriculum of was worth, to those who had this document, demonstrating it it importance of her company/signature and his of acting within the contrarrevolucionaria organization to whom she belongs. It was analyzed by this same via (prudent loose) documents sent by Fidel Suárez Cruz to the Section of Culture and Press of the Office of Interests of the United States in Cuba, which shows by its content its bond with this State, which also proven was that they provided to him by his conduit, bibliography and money to carry out his activities in the "Independent Library" that in its zone of residence
it had, being contributor next to Fragmentation hand grenade Lamb of contrarrevolucionarias activities of the nature that already were analyzed previously.
Another consulted document, which also was contributed like test, was it a manual that has the appearance of the supplying notebook that all we must to receive the quota which it subsidizes the Cuban State to each inhabitant of this country, which evidently design so that it could be transferred by any person and happened inadvertent, in manual saying, becomes a detailed explanation of how to react before acts witnessed by notary public or of official nature, such as a registry, a halting and an official warning, et cetera, thus training to the adressees of the pamphlet in the obstruction of the solicitd thing, but of even-tempered and professional way, make an explanation of how to act in its activities of opposition and contrarrevolucionarias being had in account the regulated thing in the Law of Penal Procedure, the Penal Code and Law Eighty and Eight of thousands nine hundred ninety and nine, that is, is an evident test of the noticeable reactionary character of the pamphlet and its clear aim of training for the civil disobedience, in the search of the profit of the social disorder and the destabilization of the country.
Another forceful documentary evidence was it without doubts the cassette of video contributed like test by the Public prosecutor and that it was reproduced in the oral judgment, where is explained by a specialist of the Department of the Interior, the development of the contrarrevolucionarias activities in Cuba, acting of the American Cuban Foundation and the dangers and the necessity to put boundary to that challenging internal activity, besides to expose to naked the meetings, conversatorios, conferences, including the activity of the year of anniversary of the inauguration of the "Independent Medical Doctor's office" of Guane in Pine of the River, where the criteria, aims and objectives of the different groups were listened to, and of one or another form appeared the defendant and it is observed like governing element, like nucleus of the events, to the defendant VICTOR ROLANDO STREAM CARMONA.
The Judges had to good to consult the certifications of respective sentences in relation to the information of conducts of each defendant and the complementary investigations of these, which allowed to create a uniform criterion of each one of them, who are concordant with that he is reflected in this sentence. Another important compendium that it was consulted, was the one of information that the defendant sent, with exception of Suárez Cruz, to different organs from press in a personal view, taking to the singing voice the Carmona Stream, who nourished themselves as well of information of the rest of the defendant including the Suárez Cruz and who without verification some sent to the world, which affected the prestige of the revolution in all the orders.
All extensive documentary analyzed, it reunites requirements that Law demands so that validity as it proves have and is total their effectiveness.
THIRD BEING: That the Fiscal Ministry maintained and elevated to definitive its provisional conclusions that they build to fojas three to the ten, of the roll.
QUARTER BEING: That the lawyers of the Sustained defense also and elevated to definitive their provisional conclusions that thirty and the seven to forty and the five of the roll build to fojas from.
FIRST CONSIDERING: That the facts that is declared proven, constitute a crime completed and intentional of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE, anticipated and sanctioned in article ninety and one in relation to the nine section two and the twelve section one of the Penal Code, tipificado because its comisor executed facts in interest of a Foreign State, this case, the United States of North America, when offering distorted information, promoting the civil disobedience, to foment reactionary and parallel projects to the established ones state, autotitulados "Independent", receiving in return clear economic dividends, in money in personal cash and goods and for its contrarrevolucionaria work, with the objective of which it undergoes damage the independence of the Cuban State and the integrity of his territory; a crime completed and intentional anticipated in four article two section one and interjection to and b of Law Eighty and eight of thousands nine hundred ninety and the nine in relation to nine articles twelve section two and section one of the Penal Code, and the three section one of the own Law, tipificado because their comisores with the aid of two either the more people, with spirit of profit and compensate provided directly or by means of third, to the Government of the United States of North America their agencies, dependencies, representatives or civil employees information to facilitate the objectives of the Law "Helms - Burton", the blockade and the economic war against our town, directed to break the internal order, to destabilize to the country and to eliminate the socialist state and the independence of Cuba; a crime completed and intentional anticipated in six article three section one and interjection to and b of the mentioned Law in relation to nine articles twelve section two and section one of the Penal Code, and the three section one of the own law, tipificado because its comisores with the aid of two either the more people and a profit spirit and compensates, accumulated and spread material of subversive character of the United government of the State of North America, its agencies, dependencies, representatives or civil employees information to facilitate the objectives of the Law "Helms - Burton", the blockade and the economic war against our town directed to break the order internal, to destabilize to the country and to eliminate the socialist state and the independence of Cuba; a crime completed and intentional anticipated in article seven lines one ray three of the mentioned Law in relation to two and twelve articles nine lines ray one of the Penal Code and the three ray one of the own tipificado law because its comisores with the profit spirit, by means of gift and compensates, collaborated with emisorass of radio, newspapers and magazine of foreign diffusion, in order to obtain the objectives of the Law "Helms-Burton", the blockade and the economic war against our town directed to break the internal order, to destabilize the country and to eliminate the socialist state and the independence of Cuba; and another crime completed and intentional anticipated in article eleven of multimentioned Law Eighty and
Eight of thousands nine hundred ninety and nine, in relation to twelve articles nine line two and ray one of the Penal Code, integrated because their comisores for the accomplishment of the facts anticipated in this Law, directly or by means of third they received and they distributed financial and material means of another nature coming from the government of the United States of North America, his agencies, dependencies, representatives or civil employees, and of private organizations
SECOND CONSIDERING: That the defendant VICTOR ROLANDO STREAM CARMONA is responsible penal for author for the crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE, anticipated in the Penal Code; and the defendant EDUARDO DlAZ FLEITAS, HORACIO JULIO FRAGMENTATION HAND GRENADE LAMB and FIDEL SUAREZ CRUZ, section one and two, interjections to and b is responsible penal for authors for the crimes anticipated in four articles, six section one and three, interjections to and b, seven section one and three and of article eleven of LAW EIGHTY and EIGHT OF THOUSANDS NINE HUNDRED
NINETY and NINE, LAW OF PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, by to have committed all the acts that are imputed to them by themselves, as preceptúa the article eighteen two section one and interjection to of the Substantive Penal Law.
THIRD CONSIDERING: That in the commission of these facts they concur and the modifying aggravating circumstances of the criminal responsibility, anticipated are appraised in three article fifty and interjection and and n of the effective Penal Code, because the defendant, in spite of to be warned officially by the competent authority, committed the facts that are judged; but in addition they did it taking advantage of Criminal the Blockade that against our Country the United States of North America has been maintaining, for more than forty years, with the only intention to destroy our Socialist System, which has forced to us to implant the special period for time of peace like only via of survival and development; not welcoming the Room the modifying extenuating circumstances of the criminal responsibility that to the shelter of article fifty and two, interjection ch of the own legal body, invoke the defending lawyers of the defendant FRAGMENTATION HAND GRENADE LAMB and DIAZ FLEITAS, because it was of such magnitude the accumulation of tests that in his con presented/displayed the Department of Security of the State, that they did not have left another alternative that to recognize its participation in the facts; but in addition they did not cooperate with the authorities in his elucidation, because at any moment they denied the real objectives that they persecuted.
QUARTER CONSIDERING: That the criminal responsibility takes with himself the obligation of the civil character to compensate by the damages and damages produced by acting ilegítimo of the comisor agent, in agreement with the anticipated thing in article seventy of the Penal Code, in relation to article eighty and two of the Civil Code, which is not indispensable in this case.
FIFTH CONSIDERING: That the Court at the time of adapting the failure, has been guided by the content of article forty and seven of the Penal Code, taking in consideration in the first place the extreme gravity from the facts committed by the personal defendant, and characteristics of such. It see like four people, with deep ambitions and egocentrismo, they were put to the service of the Imperialism and through the Office of Interests of the United States in Cuba, and of other contrarrevolucionarias organizations directed and financed by the Government of that country, and the Mafia been in Miami, like the "Foundation nonAmerican Cuba", the "Group Aid to the Dissidents" and the "Cuban Democratic Directory", among others, they received financial aid of support to the internal grupúsculos, as well as abundant Literature, books and magazines of subversive content dedicated to undermine the ideological base of the Revolution, being organized the calls "Independent Libraries"; but they received modern equipment of communication as well, like FAX, computers, printers and fotocopiadoras, that used to abroad send the distorted and false news to Agency "Cubanet", and to the transmitters "Radio Marti '" and "Mambi Radio '", who were in charge to spread them. Attitude and actions that correspond strictly with the North American policy against Cuba directed to subvertir and destroying the Revolution from within, by means of the fortification of which they denominate like "Civil Society" and promotion of "supposedly Independent" activities. That the four defendant already executorily had been sanctioned by Courts, being appraised Carmona the Stream the causal one of aggravation of the pain, that by multirecidivism establishes the article fifty and five sections two and three, interjection ch of the Penal Code, and in the rest of the defendant, the recidivism that five gathers article fifty and section one and three, interjection c of the own Law In the same way, the Judges that solves appreciated with respect to the defendant Víctor Rolando Carmona Stream their active condition of main protagonist of the facts, and of direct person in charge of the organization of most of the supramentioned contrarrevolucionarios projects, promoter of them and you maintain intellectual and material through his bonds with Office of Interests of the United States in Havana and with stateless of Miami, producing special loathing to observe how it obtains around nuclear to his to professional young people formed under the matchless work educator of the Revolution, that to him padrino and protector call, which is commendable from a penal and rigorous differentiated treatment. In the case of the encartados rest the juzgadores considered to impose one more a more extensive penalty to Diaz Fleitas by their participation individual and entailment previous to facts of this same penal nature, and before such evidences they considered, that in general the aim of the punición only can be reached in a severe regime of internamiento in prison, and is by virtue of it that the Court arranges what follows:
WE FAILED: That we must sanction and we sanctioned to VICTOR ROLANDO STREAM CARMONA to VEINTISEIS YEARS OF DEPRIVATION OF FREEDOM like author of the crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL STABILITY Of the STATE.
And we sanctioned to EDUARDO DIAZ FLEITAS, HORACIO JULIO FRAGMENTATION HAND GRENADE LAMB and FIDEL SUAREZ CRUZ like authors of the crimes anticipated in LAW EIGHTY and EIGHT OF THOUSANDS NINE HUNDRED NINETY and NINE, LAW OF PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, of the following way:
To EDUARDO DIAZ FLEITAS to TWELVE YEARS OF DEPRIVATION OF FREEDOM by the crime anticipated in the article four sections one and two interjections to and b; to FIVE YEARS OF DEPRIVATION OF FREEDOM by the crime anticipated in the article six sections one and three, interjections to and b; to FOUR YEARS OF FREEDOM DEPRIVATION, by the crime anticipated in the article seven sections one and three, and to FOUR YEARS OF DEPRIVATION OF FREEDOM by the crime anticipated in article eleven. A JOINT SANCTION prevails to him and UNICA OF VEINTIUN YEARS OF DEPRIVATION OF FREEDOM according to authorizes six article fifty and section one, interjection b of the Penal Code.
A: HORACIO JULIO PINA LAMB and to FIDEL SUAREZ CRUZ to TEN YEARS OF DEPRIVATION OF FREEDOM by the crime anticipated in article four, separated one and two, interjection to and b; to FIVE YEARS OF DEPRIVATION OF FREEDOM by the crime anticipated in the article six sections one and three, interjection to and b; to FOUR YEARS OF DEPRIVATION OF FREEDOM by the crime in the article seven sections one and three; and to FOUR YEARS OF PRIVAVION OF FREEDOM by the crime anticipated in article eleven. The JOINT SANCTION OF TWENTY YEARS OF FREEDOM DEPRIVATION is dominated to them each one of them, as fifty and six establish article, separated one, interjection b of the Penal Code.
The sanctioned ones will fulfill the punishments imposed in the penitentiary center that designates the Department of the Interior.
One prevails to them in addition as accessory sanctions, the deprivation of Rights the same term that the main sanctions, anticipated in article thirty and seven, separated one and two from the Penal, consisting of Code the loss of the right to the active and passive suffrage, as well as to hold positions of direction in the organs corresponding to the administrative political activity of the State, in State economic units and social Organizations of Mass and; and the anticipated one in addition in article forty and three, separated one from the Penal, consisting of Code comiso of the occupied thing, whose description and destiny that will have to grant to it him will expose next.
As far as conviction pieces one arranges, that occupied and that it fell in comiso, it has the following destiny:
To enter to the Budget of the State through the Box of Compensation, the Three hundred fifteen ground zero three dollars North American.
To give to the Division of Sales of Equipment and Piezas Provincial (DIVEP) the speck Mark "Jawa", Model three hundred fifty and four, red color, with plate of circulation PRD two hundred six.
To give to the Provincial Popular Power of Pine of the River:
Eleven cassettes of audio, a Fax equipment marks PANASONIC with the serial number eight KC RB wax four three one six two, a battery shipper model Bk three four five To, three radios mobile receivers twelve zero zero twenty fifty ten eighteen mark TECSUN one of them with the serial number, and the others do not have it, a recorder of casetes marks SONY TCM three hundred twenty-three, minirecording Iwin- Jx-r twenty-five, a telephone answering machine PANASONIC mark with serial number KVTM one hundred LXB, a radius mobile receiver GRUNDIG mark with the serial number Yb three hundred PE, a fotocopiadora mark CANON and its accessory with serial number TVD sixty and eight six twelve, a typewriter OLIVETTI mark, a recargador of battery model SARAR, a credit card TRANSCAD with the serial number sixty seventeen eighty and one djecinueve sixty and two fifty and nine ninety and nine three fifty and one to name of the defendant VICTOR ROLANDO STREAM CARMONA and another one with the serial number six sixty seventeen eighty and one seventeen zero zero ninety and veintiuno one hundred thirty and to name of Marta Beatriz Carmona Vein mother of this defendant, a printer Epson Lx- three hundred with serial number one W seven Xs zero fifteen six seventy and nine of gray color with its cable of connection, scanner thirty and two zero zero C of gray color with serial number CN nine ATICJ nine PN, with connection cable, a Mouse of gray color Genius mark with their cable of connection of Chinese manufacture, a support of Mouse of gray color mark Omega, a keyboard of white color of Chinese manufacture with the serial number nine eleven C zero 0 veintiuno zero wax seventy and nine, a keyboard of gray color of make and with their cable of connection, display of computer model J two hundred forty and four Ls two of Chinese manufacture with the serial number seventy seventeen zero one veintiuno thirteen of gray color with protector of screen and his cable of connection, a computer Chinese manufacture Super mark Power of gray color with its cable of connection, two horns of computer multimedia, a stabilizer of voltage and source with serial number ten thirteen thirty seventy and five marks Power COM, a support of Mouse of green color, three tapes of use printer, a lamp of bureau in good state of new operation of white color mark IKCHTE, a battery of computer of black color mark Silver with number eleven zero ninety and nine, a microphone used in the computer multimedia of gray color, a taking of computer connection, five computer discs mark Maxell, two compact discs marks Imation, two marks Verbatiu, one marks to Heweres more mark AHEAD, PIXELA and Tomch Monager indifferently, forty and eight three discs and average of computer in their cases, a cellular mark Ericson of black color, a basket of white color with documents rejected in their interior, one recording radio casetera double of gray color Audio mark Songe in good technical state with serial number sixty and three eighteen, thirteen casetes within a porthole casetes, a minirecording Sony mark of Chinese manufacture model M four hundred fifty, a porthole casetes with four minicasetes, a recording Aiwa mark, model TP-Vs six fifteen of indonesa manufacture, a receiving radius Tecsun mark, model R ninety and seven zero one with two reloadable batteries, loading of digital battery, cable, antenna, headset and transformer of current, a radius awakener marks to Sangean of gray color model AST four hundred four with its reloadable battery, a portable radius of black color Kaiwa mark model KA - nine eighty and nine with serial number twenty fifty and six three thirty and one, eleven batteries of radio, three pairs of headsets and one antenna, a personal computer mark Royal DM thirty seventy, a camera Olimpus mark model TRIPMD three of gray color and black in its case, a camera of gray color mark MINALTA model two hundred M of Chinese manufacture in its case and a roll of photography, a camcorder marks to CANON model NTSC two R forty of Japanese manufacture of gray color in its case and in his interior it has a card with the name of Frank Diaz and the direction of Miami and six cassettes without using in its cases, manual of operation of the camcorder a CANON two R forty, a shipper of video battery marks PANASONIC of black color with the audio cable of connection video and Connection of the camera with this shipper and serial number EOSA thirty and six eight fifteen of Japanese manufacture, a shipper of battery and transformer simultaneously of voltage marks SONY of black color with the serial number nine sixty and three twenty-two thirty thirty and Ac-l model one zero B of Chinese manufacture, shipper of battery of cellular mark ERICSON model four hundred twenty AS forty and four zero zero one with the serial number three zero one thirty and B of Chinese manufacture, a shipper of battery of camcorder mark CANON that as well is transforming of voltage with its connection of Chinese manufacture model Ca- five hundred sixty and serial number ninety and one - fifty and eight five _ ten with the connection audio video and the tape of the camera to load to the neck, a lamp of bureau of color black of manufacture Chinese of six volt, three casetes VHS-C of them two mark TDK and a MAXEL and a porthole casetes mark MAXEL HOCIO, a video cassettera mark PANASONIC color black of manufacture Japanese with serial number de serie EOSA thirteen two ninety and eight model Nv-sj forty twenty PN with his cable of connection to the Television set and current, a televising mark KONKA model K thirteen sixty and nine Or with the serial number de serie and eighteen eighty and eight twenty-six of manufacture Chinese with his antenna, a control remote mark PANASONIC of the video and one mark to KONKA of the television set thirteen casetes of videos UHS in its cases, an extension
type regulates with six connections alternating of white color with a switch of red color, a computer of black color mark Ducal POWER of black color, a computer of gray color mark Radio KD-ochenta model
twelve V and another mark CASIO with its case, a game of screwdrivers of jewelry store in its case, a shipper of battery of one point five volts and nine volts mark to RADIO SHOCK of white color bone of Chinese manufacture model CAT number twenty-three - four hundred five, a reloadable lamp mark DAYTRON model DL twenty BASICA, a four transformer of point five volts of direct current model and sixteen fifty and eight forty and seven, eight series N four wax six and extra of connection in its base, a presilladora color malva, two rolls of seal of escortey red and white color. Two cardboard boxes with a plastic helmet in each one of them mark to SAFEBET of white, red color and malva, nine packages of white sheets of paper of different types, forty and seven filys of yellow color without using in their box of factory, six pencils of white color, a blue rubber. A Digital Shipper Mark SAKR, Series and veintiuno eighty and God twenty-four, three batteries marks blue Digitalis, a Headset TECSON, four lamps ventilators of ceiling in good technical state, twelve pictures of wall adornments, two carpets of floor, an electrical plate mark KAMA SONY, a washing machine VINCE, a ventilator marks TROPICO, a SUPER ventilator DELUX, twelve plastic chairs with his table of white color, a video PANASONIC, a televising Mark PANASONIC, a recording radius SANYO, a ventilator of foot marks ASTOS, a refrigerator marks SANYO, in addition they took care to him indifferently to the defendant in good state of uses and conservation the following ones articles and goods a remote control of camcorder marks CANON, an extension, a current connector, three connectors of audio of video of, two and three channels respectively, connector of camcorder for computer, cable of audio video, connector tiple of video, telephone connector, a FAX marks PANASONIC, and a CD caddy marks MAXELL, a package of ten cassettes marks MAXELL without using and another small change, a lamp GIVES reloadable YTRON, thirteen cassettes of recorder all in its case, a bed colonial style, a conditioned air mark BK 1500, forty and five medicine bottles and loose tablets, fifty and seven cassettes of video, eleven cassettes of audio, five minicassettes, forty and eight discs of three and average one of computers, forty and two lapiceros, twelve spare parts, centropen, fourteen markers, a black table with wheels with three shelves, eighteen agendas of different sizes and seven new ones, a black folder of color with different cards, a package of small sticks in on of nylon, seven you exceed yellow without using, a package of Pad sealed with six and one small change without using, three album photographic, a small box of office material (fasteners, skoltey), an extension with three takings, a protector for electrical equipment of one hundred ten volts, a source of current mark GITRON, a rebovinadora of cassettes marks RANGE SONY, an adapter of cassettes, tripodi for camcorder marks ninitos and two radios mark TECSON, two Cuban flags and an allegorical bust to Martí of bronze.
It is arranged I throw and destruction by means of incineration of the following occupations:
A box of red color that has in its interior five cases with negatives and five rolls to reveal, Four white leaves of the project Varela