Santiago #3
English (machine translated) | Spanish
POPULAR PROVINCIAL COURT OF SANTIAGO OF CUBA
ROOM OF THE CRIMES AGAINST THE SECURITY OF THE STATE
THOUSANDS THE THREE SENTENCE I NUMBER THREE OF TWO
JUDGES:
LIC. MARIA HOPE MlLANES TORRES
LIC. JOSE FERNANDEZ LESCAILLE
LIC. WHITE MANUEL MELENDEZ
VALENTIN CRICKET SOLORZANO
NORA GALANO RODRIGUEZ
In Santiago of Cuba, to four days of the month of April of two thousands the three.
VISTA in oral and public judgment before the Room of the Crimes Against the Security of the State of the Popular Provincial Court of Santiago of Cuba, in Highly summarized Procedure, cause number THREE of two thousands the three followed by three crimes of Law Eighty and Eight of thousand nine hundred the ninety and nine OF PROTECTION OF NATIONAL INDEPENDENCE and ECONOMIA OF CUBA, in which it appears like CLEAR defendant SANCHEZ ALTARRIBA, Cuban, natural citizen of the Campechuela municipality, Granma province, of forty and nine years of age, Loved son of and Tomasa, married, vacated, of the racially mixed complexion, with twelve degree of schooling, with identity meat number five, three, zero, eight, one, two, zero, seven, nine, zero, nine, neighboring of Santa Rosa number one hundred four between Virgen and Santiago, Santiago of Cuba, in provisional prison by this cause and defended by the Lawyer Alberto Fumero Batista, designated.
BEING PONENTE LICENSED JUDGE JOSE FERNANDEZ LESCAILLE
FIRST BEING: Proven, that the defendant assured in provisional prison CLEAR SANCHEZ ALTARRIBA, of forty and nine years of age and the other generals briefed in the file and that we give by reproduced, in order to destabilize the Internal Order of the Nation, the loss of the sovereignty and independence, and with it the destruction of the Socialist Social Regime of Cuba, from half-full of year thousands nine hundred ninety and seven, was integrated to several contrarrevolucionarios grupúsculos, comprising of which, it on two ocassions visited the Office of Interests of the Government of the United States of America with seat in the City of Havana, rendering account of his folded actions to the injerencistas interests of this one towards our country; and he participated in organizativas meetings and other activities, that in many occasions caused disorders intentionally, looking for the confrontation with the forces of the Public Order, and with the population that repudia; actions that included preparation of twenty-nine contentivos information of expressions distorted on the penitentiary regime of Cuba, and invented abuses of the authorities of the country against the contrarrevolucionarios grupúsculos to which it belonged, that the country like, seventy and five denunciations by supposed acts of harassment of the Cuban regime against its person, those that it sent to the mentioned Office, of Interests, and in other opportunities to contrarrevolucionarios elements in charge of the spreading of information through the been enemy radio broadcasting station in the United States, like "Radio Marti '" and other averages of diffusion of analogous nature, to create with it state of an opposite and false opinion on the Cuban reality; what indeed it obtained, to the being to him disclosed by these average part of the sent information. Continuing with his eagerness to discredit to the Cuban Social Regime, the defendant SANCHEZ ALTARRIBA showed in writing the civil employees to him of the North American Intereses Office (SINA), the necessity that they welcomed it like political refugee in that country, with the false argument of constantly being persecuted by the Organos of the Security of the State of Cuba, request that was to him denied considering that was to him insufficient, still, its subversive trajectory what it entailed it to increase his treasonous actions, so is thus, that in the month of January of year two thousands two, participated in the creation of contrarrevolucionario other grupúsculo, where performance like one of its main ringleaders and who presented/displayed before the civil employees of the SINA like a new group for the internal subversion in Cuba. All these actions allowed the judged one to acquire several documents such as, forty and pamphlets, four steering wheels and other forty and five of different ones nature that had as denominating common the attack to the established Social System in Cuba, from which fifty and five came from the foreigner, mainly, of the United States, Spain and Puerto Rico, all with articles and notes of Cuban, proimperialistic, contrarrevolucionario content Anti and from opposition to the Government of Cuba, some of obtained them personally by him in the mentioned Office of Interests, those who soon distributed to the rest of the members of his grupúsculo, and others acquired in meetings and activities contrarrevolucionaria of hands of other traitors of the Mother country, between which the denominated material stands out "All Uniting" that call to transform the Cuban Constitution, its laws, and to that the Cubans critically demand the respect to their citizen rights supposedly violated. That encausado SANCHEZ ALTARRIBA, to fortify his capacity of activities against the Cuban Revolution, not only has bonds with the SINA, but also, with contrarrevolucionarias organizations of the outside, such as, "Cuban Democratic Directory EI" and the denominated "Training center for a National Action": that despite to be warned by the authorities in year two thousands two so that stopped in its unpatriotic and contrarrevolucionarias actions, the same one made contingency not covered by law, and continued their subversive activities, acting in correspondence with the dictations contained in the laws promulgated by the United States of North America against Cuba, and the subversive transmitters that from that country transmit without number of hours to the day of the news and deceptions against the Socialist Social Regime of Cuba.
During the process a registry in the address of the defendant practiced and they took care the typewriter whereupon the defendant made different documents, proclamations, information, letters, pamphlets of the magazine CUBANET, magazines "Dissident", volumes on amnesty of political prisoners, pamphlets titled "WITHOUT CENSORSHIP", pamphlets "Propose of Measurement To leave the Crisis", two pamphlets guides "ALL UNITED ones", informs into the activities of grupúsculo "Young Cuban Movement pair the Democracy" informs into the activities made by grupúsculo "Political Club of Prisoners and Expresses", listings of participants in the subversive activities, lists of the members of grupúsculo, four documents sent to the Office of Interests of the United States in Havana, of date nine of six and ninety November thousands nine hundred, thirty of November of two the thousands, two of May of two thousands one and eight of October of two thousands the two, documents on ethical oath of grupúsculo and its statutes, seven writings sent to Mrs. Katleen List, Coordinator for Refugees of the Office of Interests of the United States, a document sent to the SINA by the defendant, a document sent to Yanicet Rivero Gutiérrez of date first of September of two thousand two, declaration of President George Buch, on examination of policy towards Cuba, three card and bonds of quotation of encausado corresponding to different grupúsculos contrarrevolucionarios from that it belonged, six photos to color of members participant in different activities subversive, and other documents of cut similar, which used as it bases material, in their majority for the development of their contrarrevolucionarias activities. That the defendant is a person who maintains a social conduct total opposite mind to the norms and principles of the Socialist and actively contrarrevolucionaria Society; one meets with people of his same characteristics, and was executorily sanctioned in cause three hundred seventy and five from thousands nine hundred ninety and one by the crime of Illegal Exit of the National Territory to two years of deprivation of freedom by Popular the ProvinciaI Court of Guantánamo.
SEGUNDO RESUL TANDO: That to form conviction of the facts previously related, the Room considered and I value '; the declaration of the judged one, that trying to weaken the real objective of its actions, alleged that its intention was not to overthrow and to destabilize the Cuban Government, since a small group of people cannot obtain it; but their actions demonstrate that its eagerness was to subvertir the internal order of our society like previous step for it, in agreement with the strategy drawn up and oriented through the radio broadcasting station that minutes after minutes during the twenty-four hours of the day deceits against the established Socialist Social Regime in the country spread; nevertheless, it recognized to have made all and each one of the activities that are imputed to him; and it tries to justify the different actions that against the revolution it develops from year thousands nine hundred ninety and seven, alleging not to be in agreement with the Laws of the Country, to hide thus, his true intentions to match to him to the enemies of the Revolution, since all the activities made by and the grupúsculos to that it has belonged, agree inescapably total and with the directions of the Government of the United States of America to subvertir the internal order in our country, pair all the possible routes, to notch the prestige of the Revolution and its leaders, internationally and thus to obtain objective his to asphyxiate our Be in favor of all the routes;affirmation this one that we sustained to dog the pertaining to a witness tests practiced during the investigativo process and ratified in the plenary one, which by its espontaneidad, seriousness, and firmness is welcomed like indubitadas by the Room, to constitute fehaciente testimony, and, beside the point coincident with the express acceptance on the part of the judged one of the actions that it developed during that period; those that analyzed of set and valued integrally with the rest of the contained documentary evidences in the file, allow us to arrive at the total conviction that the facts happened such and as they have been exposed and that such did not have another objective that to subvertir the established socialist social order in Cuba; the abundant tests contributed by the investigation, in the essential, the foundations of the denunciation act, the document occupation and civil registry innumerable, the typewriter, false, flying pamphlets, letters, information, magazines, denunciations, listing of participant people in contrarrevolucionarias activities, lists, carneses, and photos, like unequivocal tests of its participation in the facts that are attributed to them, guaranteed by the results of the Center of obrantes Monitoreo of the enemy radio to folios from forty and the four to forty and the six of the file; the typed result of the expert work on written by hand text investigation, companies and texts; made by the Provincial Laboratory of Criminology, obrantes to folios from seventy and the nine to eighty and the four of the file, where certifica that the paid information to "Radio Marti '" in the period included/understood in year two thousands two were referred to the CLEAR defendant SANCHEZ ALTARRIBA. As well as, which the typed texts were made in the typewriter American model, WOODSTOCK without visible serial number marks and that the shaped manuscripts and the mixed companies in them were made by the CLEAR defendant SANCHEZ ALTARRIBA, which demonstrates that the same one is the direct executor of those documentations.
THIRD BEING: That the Fiscal Ministry maintained like definitive its obrantes accusatory conclusions fojas three, four, five and six of the roll of the cause.
FOURTH RESUL TANDO: That the defense elevated to definitive its accusatory conclusions of fojas sixteen and seventeen of the roll of the cause.
FIRST CONSIDERING: That the facts that are declared proven integrate, three predicted crimes and sanctioned in four articles section one, six seven section one and section one of Law Eighty and Eight of thousand nine hundred the ninety and nine OF PROTECTION OF NATIONAL INDEPENDENCE and ECONOMIA OF CUBA, since in agreement appears of such, the agent directly provided and by means of third a civil employees and dependency of the Government of the United States of America, information to facilitate the objectives of the Law Helms Burton, the blockade and the economic war against Cuba, directed to break the internal order, to destabilize the Country and to eliminate the State Socialist and the Independence of Cuba; and with equal intention he accumulated, he reproduced and he spread subversive materials of his dependencies, civil employees and of foreign organization; and with those same pretensions Marti collaborated with the subversive radio broadcasting station ":José '" sending the false news to him on political and social occurring of our Country, which was spread.
SEGUNDO OONSIDERANDO: That he is responsible for the three attributed crimes before related and him, for author, the defendant, CLEAR to have made SANCHEZ ALTARRIBA them by itself, in agreement with preceptuado in the article eighteen two sections one and a) of the Penal Code.
THIRD CONSIDERING: That in the commission of the crimes the aggravating circumstance of the criminal responsibility concurs, of three article fifty and n) of the Penal Code, because the defendant committed the facts after to have been object of an official warning by the competent authority.
QUARTER CONSIDERING: That the criminal responsibility Ileva with himself the obligation of civil character to compensate the damages and damages produced by the action, those that in this case are not to appreciate
FIFTH CONSIDERING: That to adapt the measurement of the taxable sanction the Room considers the foundations established in seven articles forty and section one, twenty-seven, and fifty and five section one, three interjection c) of the Penal Code, the high social danger of the facts and the defendant, since fulfilling the directions emanated of the Government of the United States of America, spread, among other averages, by the subversive radio broadcasting stations, that from that territory trasmiten without I number of hours to the day of the false news implemented to orient the policy of that government to promote, to organize inside and to direct to contrarrevolucionarios elements and outside the territory of Republic of Cuba; who by more than four decades has invested numerous financial and material resources in the accomplishment of innumerable actions concealed with the objective to destroy the independence and the economy of country using for such aims to individuals, as the defendant, recruited within the National Territory, constituting a permanent and systematic aggression against Independence and Sovereignty of Cuba, violatoria of the Right International and the norms and principles that govern the relations between States; proclaiming itself like policy of that State against the nation; to such an extent, that has legally authenticated laws that give legitimacy him. These actions have not only served as breath to the grupúsculos formed with unpatriotic people like the defendant, but that is used in addition, as pretext to legitimize the blockade against the nation, to look for its international isolation, and is used like propagandistic element for the manipulation of international the public opinion to try to justify a violent action, as "humanitarian intervention" could be a call. That the judged one is a person who maintains a totally opposite social conduct to the norms and principle of the society socialist, and actively contrarrevolucionaria; generic reincidente, of a crime that has not been legalizeed and that is effective in the Cuban Penal Code; and which subversive activities like the developed one by him, demand to have inescapable to repel the aggressions of which the town of Cuba is object, with an agreed penal answer with the gravity of the facts.
WE FAILED: That we must sanction and we sanctioned to the CLEAR defendant SANCHEZ ALTRARRIBA like author of THREE CRIMES AGAINST the PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, to TEN YEARS OF DEPRIVATION [)E FREEDOM by the FOUR crime of I articulate SECTION ONE; FIVE YEARS; OF DEPRIVATION OF FREEDOM by the crime of SIX article SECTION ONE and THREE ANUSES OF DEPRIVATION OF FREEDOM by the crime of SEVEN article SECTION ONE, all of Law Eighty and Eight of thousands nine hundred ninety and nine, PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA and like JOINT SANCTION and UNICA TO FULFILL, prevails FIFTEEN YEARS to him OF DEPRIVATION OF FREEDOM, which it will fulfill in a Penitentiary Establishment that designates the Department of the Interior, with the accessories established in articles thirty and seven three sections one and two and forty and three sections one and a) b) of the Penal Code, consistent first in of deprivation of right public, that includes/understands the loss of the right to the active and passive suffrage, as well as the right to hold positions of direction in the organs corresponding to the administrative political activity of the State, in state economic units and social organizations and of masses by the term of the imposed penalty.
As far as the measurement to prevent of provisional prison imposed the defendant, is ratified, and it arranges that when doing the liquidation of the sanction, computes the preventive one suffered.
As far as the occupied thing, his is arranged comiso; that the typewriter old of black color WOODSTOCK mark, with tape, without visible serial number, American model, is given to the Popular Power of Santiago of Cuba, and leaves its free disposition. And the six photos, the three carneses and the bond of quotation, arrange that they are united to the file like conviction pieces. The destruction by means of the method is had incineration of: eight comprobantes of fines, two diplomas, a small agenda, fifty and four pamphlets, three magazines, eighty and two writings and denunciations, two acts, forty documents, four steering wheels, twenty-nine information and of thirty and three listings and groups.
Notifíquese this resolution to the parts and remítase copy of the same one to the centers that come
Against this sentence Resource of Abrogation can be interposed before the Room of the Crimes Against the Security of the State of the Popular Supreme Court within the three following working days to the notification of the part that establishes it
ASI BY THIS, OUR SENTENCE, WE PRONOUNCED IT, WE COMMANDED WE SIGNED.