Santiago #5
English (machine translated) | Spanish
POPULAR PROVINCIAL COURT OF SANTIAGO OF CUBA
ROOM FIRST PENITENTIARY IN FUNCTION OF SALA
OF THE CRIMES AGAINST THE SECURITY OF THE STATE
THOUSANDS THREE SENTENCE I NUMBER FIVE OF YEAR TWO.
IN The CITY OF SANTIAGO OF CUBA, To The FOUR DAYS Of the MONTH DE ABRIL Of YEAR TWO THOUSANDS THREE
PRESIDENT:
LIC. BARTOLO GONZALEZ RAMIREZ
JUDGES
LIC. NELSON DELGADO RODRIGUEZ
LIC. IVIS GILBERT DIAZ
JOAQUIN VALON JIMENEZ
ENRIQUE ROOMS JUSTIZ
VISTA in oral and public judgment, by means of Highly summarized Procedure before the Room First Penitentiary based on the Room of the Crimes Against the Security of the State of the Popular Provincial Court of Santiago of Cuba, the Cause number TWO of year two thousands three, followed by THREE crimes anticipated in the Law number Eighty and Eight of thousands nine hundred ninety and nine, Protection of National Independence and the Economy of Cuba; in that they appear like parts, the public prosecutor and the defendant LUIS MILAN FERNANDEZ, natural Cuban citizen of the Santiago Municipality of Cuba, Province of equal name, son of BIas Israel and Olga, thirty and three years of age, with membership card of Identity number seven zero zero two two two zero eight seven two seven, occupation Medical, married, neighboring of B-veintisiete Building apartment ten, Urban Center "Antonio Maceo", municipality and Santiago province of Cuba, with measurement to prevent of Provisional Prison by this cause and defended by the Lawyer Amaryllis Ambruster Rosalez, designated by the defendant
BEING PONENTE LICENSED JUDGE IVIS GILBERT DIAZ
FIRST BEING: Proven that the defendant LUIS MILAN FERNANDEZ, as of the month of August of year two thousands, began to make contact with the enemy with people and to meet with groups who per years have dedicated themselves to make confrontacionales activities directed to create the displeasure and the distrust in the population towards the Revolutionary State and the Cuban Government, to injure the prestige of its political and administrative institutions giving a distorted image of its leaders, to cause the instability of the effective socialist system, trying to promote the loss of heart and the lack of confidence towards the efforts by the economic development, to subvertir the politicosocial system established in the country, thus stimulating actions of civil disobedience by the internal counterrevolution and its ringleaders, the contrarrevolucionarias facilitadoras of the annexionist pretensions of the government of the United States and organizations in the outside, that of set plans of multiple aggression elaborate and carry out actions with which they foment and they stimulate such intentions.
That direct bond of political and social the defendant with grupúsculos that they tried to change the economic order, was the means that it provided to him to strengthen his opposite ideological motivations to the revolutionary government and their interests and already solved to comprise active of all the actions directed to those aims, shortly time managed to evolve in important rolls, being protagonist of significant actions carried out by a contrarrevolucionaria organization to that it was integrated, in whom progressively held diverse positions, among them, Director of a Training center, in which it distributed compatible courses, seminaries, conferences and other activities with the ideological bases that they professed, sustained in the interpretation erroneous that gave to the exercise of the Democracy and the observance of the Human rights, all it in favor of the interests of the government of the United States and these patrocinadoras contrarrevolucionarias organizations of the referred hostile actions against the sovereignty and independence of this one Country, that differ from the Cuban reality, the effective constitutional text and the legal ordering in general, whose articulated he is latent spirit of the Universal Declaration of the Human rights, treating therefore the defendant to obtain in its followers an opposed generalized civil disobedience to the common interests of the nation. These courses, with which they were affiliated following of the ideas of the defendant, were carried out of clandestine way in houses of some members of the counterrevolution, located in different parts from the city of Santiago of Cuba, using for it material of studies received from the outside, provided fundamentally by the mentioned contrarrevolucionarias organizations from the United States, among them, the book "Martín Luther King against all the exclusions", written by Vincent Roussel, whose content is based on ideas that could be used to promote the social disorder and the civil disobedience; "the Hispanic-Cuban" magazine number four of thousands nine hundred ninety and nine, coined by the call Christian Movement "of Liberation", in which one takes the blame to the Cuban government and his leaders of the economic situation in Cuba and explains like solution to the problematic one, the denominated "Project Varela" for which it urges the town to a competing mobilization; "Vitral" and "Dissidents", of September and October of year two thousands one, are of revisionist and reformist character, in them a distorsionador analysis becomes of the economy of Cuba on which it is said that possibilities do not exist to develop the personal initiatives and proposes like via solving it, the modernization of the State and the civil society; the pamphlet "Entérate", that has an incorrect approach of Cuba, denies its democracy and discredits the work of the Revolutionary National Police and the Cuban educative system, criticizes in addition documents to the Fifth Congress of the Communist Party of Cuba and another pamphlet denominated "With Cuban Humor", elaborated on the United States, is based on jokes against the Cuban Revolution and its leaders, giving an image distorted of this one, in order not to make laugh but to denigrate; all these materials responded in their totality to current months of reformist, revisionist, annexionist direction, imperialistic and neoliberal pro, with an ideological tendency that are characterized by the manipulation, the ideological diversionismo, the distortion, the irrespeto, the ridicule, the disrepute, insidia, the premeditation, the promotion of the confusion and the instigación to the dissidence.
Another one of the contrarrevolucionarias ways of the defendant LUIS MILAN FERNANDEZ to become echo of the hostile policy and difamatoria of the government of the United States and organizations against the Cuban government, was by means of its enter another group of opposition, integrated by some doctors, from who, based on its profession that it made possible to him to know interioridades some aspects related to the sector of Public Health in the province; it made and public expressions by means of writings repeated that it wrote up, sobredetermine the proportions the problematic reality of certain that they could have occurred in the sector, wanting with it to reduce the profits and the prestige that on world-wide scale the Cuban system of Public Health exhibits; actions difamatorias that carried out not only with writings that made directors of the sector, with marked spirit of revolt, but with articles that its diffusion wrote so that they were spread in the outside by means of information to the service of the enemies of the Revolution, thus obtaining.
By the subversive work carried out by the defendant in the contrarrevolucionaria organization to whom he belonged, he managed to become a personage of importance for the dissidence, and is so the twenty-eight of January of year two thousands one, when being unified his grupúsculo with another one of the province with seat in Santiago of Cuba, were proposed and designated by their national direction like ringleader of the new integration of contrarrevolucionarios created, coming to leave from that moment his work as doctor and dedicated itself entirely to the performance of this position, from which continued his opposite workings to the interests of the Cuban Revolutionary Government who came developing; receiving from then from hands of the contrarrevolucionario ringleader Jose Daniel Ferrer Garci'a, coordinator of several contrarrevolucionarios grupúsculos in the Eastern provinces, ascending monthly games of money to an average of five hundred forty pesos in American national currency or twenty dollares, those that used in their personal benefit, fungiendo as well as wage-earning to the service of these organizations opposed to the Cuban socialist system and the annexionist aims of the Government of the United States.
EI accused immersed in their intention to corrupt the internal order of the nation and to destroy their political, economic and social system, with the objective marked one to urge the internal civil disobedience, creating a climate of insecurity in the country spreading towards the outside distorted information of the Cuban reality, like one of the ringleaders of the contrarrevolucionaria organization to whom it belonged, I create to compile information and written the way of desafectos, to which denominated "Bureau to him of Press", where it conformed from the information that received, designed articles affluent, with diversionary and difamador shade against state institutions, like the Department of the Interior, the Organos of the Popular Power and the Cuban Electoral System, with which it obtained an informed space in badly called emitting "Radio Marti '" with seat in the United States, through which the malintencionados difamatorios articles were trasmitieron, those that made arrive by telephone route in multiple occasions and with identical intention were interviewed person by this same one via in other occasions more.
In support to the strategy of the North American government to fortify the Cuban competing groups, with the shipment of resources like aid to the training for its subversive activities, to tune with facility referred badly the emitting call "Martí Radio" that like vehicle of direction to those contrarrevolucionarios elements that from Cuba do all the possible one to demolish effective the economic and social system political, the defendant MILAN FERNANDEZ, in needed date did not receive through Jose Daniel Ferrer Garci'a, coordinator of several contrarrevolucionarios grupúsculos in the Eastern provinces, coming from the Session of Interests of the United States in Cuba, a radius marks TECSUN, model R nine seven zero one, with serial number OAM two zero zero two zero one zero three three three one, of manual tuning and three bands of work, with special characteristics that a fine adjustment allows and more detailed at the time of tuning a station with double conversion of frequency in his third band that makes more sensible and more selective and allows the syntony of anyone of the frequencies in this band, discriminating the interference on the base frequency, everything what makes possible better quality in the reception of signals, national as as much international, being an equipment designed for the international broadcasting, the one that the defendant used to listen to the transmissions of the emitting mentioned one, like assiduous listener who was of the subversive Programs of cut.
Also in the first days of the month of March of the present year, the defendant forming part of grupúsculo of contrarrevolucionarios to the service of the annexionist interests of the United States, also met in the house of the contrarrevolucionario Manuel de Jesus Diaz Preval, known by "Pachi", located in Passage one number nine between the Streets thirteen and Brave Flexible in Reparto Santa Barbara, Santiago city of Cuba, where they hoped to a civil employee of the Session of Interests of the United States in Cuba, that when arriving participated in that meeting with grupúsculo of desafectos, and after engaging in a dialog with them by space of approximately one hour; he gave to them among other units, the titled pamphlet "Transition", contentivo of several articles of contrarrevolucionarios authors, with the objective of which they were used like means of preparation to dissidents in occasion of the competing activities to that they dedicated themselves, having been the defendant MILAN FERNANDEZ who personally received them and showed present the his content, once their patrocinadores retired.
In occasion of the investigativo process in date eighteen of March of year two thousands three, in the address of the defendant took care voluminous amounts of documents written by hand by him, contentivos in their majority of the referred messages and subversive notes of character; manifold and varied books, magazines and pamphlets with the same character, as well as two cameras that had received on the part of the dissidence for the accomplishment of their competing intentions, mentioned radius TECSUN, as well as photographies and a bracelet of used black color in such actions.
EI accused LUIS MILAN FERNANDEZ, counts on thirty and three years of age, does not appear registered with sanction in the penal legal order, graduated like doctor in the year thousand nine hundred ninety and four, whose formation was possible by the gratuitous educational system established by the Cuban Revolutionary Government, like an elementary, proporcionador of necessary professional and cultural the knowledge and training guarantee of men and complete, carrying women of genuine patriotic and protective feelings of the communal property for the nation; leaving the processing its professional activity in order to dedicate itself entirely to its subversive workings, in contrast to the government and the effective social order that formed it.
SECOND BEING: That the facts previously related are determined by the tests practiced in the act of the oral judgment and the valuation made of the accumulated ones in the file of previous diligences in occasion of the Preparatory Phase of this penal process, from whose complete examination as a whole the certainty of the juzgadores was obtained that everything happened since it has been exposed. When declaring the nonsingle defendant presented the form in which inmiscuyó in those competing grupúsculos to the Cuban Revolutionary Government, but all whatever made to materialize its objectives and the support that received on the part of the government of the United States and the contrarrevolucionarias organizations with seat in that Country, potenciadores of the subversive activities that carried out and although when declaring before the plenary one it wanted to pretend noble motivations that took to him to act asi '; of the simple analysis of all whatever it exposed is appraised his noticeable intention of subvertir the internal order of the Cuban Nation and destroying his political system, economic and social, because it showed how it went climbing in the organizations to that it belonged, monopolizing the confidence of his superior ones by the conspirativas actions that it executed, demostradoras of his marked annexionist aim, reason why performance in important subversive tasks, like the described ones, which they did not have another aim that the one to prepare and to catch followers who added themselves to a civil disobedience generalized in opposition among, to the Cuban electoral system, to the state dispositions that maintain the order social effective, to stimulate the distrust towards the taken strategies to face the adversities generated by the blockade that undergoes the Cuban town, imposed by the Government of the United States by more than forty years and to create a climate of insecurity, lack of credibility and loss of prestige before its fellow citizens towards the Revolutionary Government and his leaders. Questions that in addition to the saying of the defendant, have a probatory sustenance in the other tests obtained in the process of knowledge and practiced in the Oral Judgment, being of preponderant value for probanza documentary examined, in whose accumulation finds resolution of registry carried out in address of defendant, that occupies folios from the two to the six of the file sumarial, in which the immense amount of documents of subversive cut is stated, among them fifty and nine manuscripts done by the blame and other followers the dissidence that in him leaned to denigrate of the government and the economic order, political and social effective, with those that the defendant to spread towards the outside was in charge, fundamentally towards the false United States, facts on the Cuban reality and thus he sobredetermine the proportions vicissitudes confronted in certain cases by the adverse economic situation that has carried the blockade imposed by the own government of the United States. It also consists letter occupations of contained similar, done by the leader blame of the sector of the health, fourteen unit of the denominated "Project. Varela ", by means of which contrarrevolucionarias organizations have tried become constitutional changes in favor of their annexionist and unpatriotic interests, with respect to whom the careful defendant performance functions in Santiago of Cuba so that the Project at issue was materialized what thus it showed when declaring during the Oral Judgment. Great amount of documents around the referred activities took care to him more to that it was dedicated as well as varied books, magazines and pamphlets; that examined by a group of enabled and prestigious experts they considered they came from been contrarrevolucionarias organizations fundamentally in the United States and indicated his subversive and contrarrevolucionario character, documents those and material bibliographical that when constituting tests of conviction presented/displayed to the Court, at the being meticulously examined by their members arrived at the firm conviction of veracity and success from the commission from operating, whose result ratified of its representatives who appeared to declare in the oral judgment; corroborating itself that they were part of means used by the defendant in his intentions of opposition. Similar valuation has done with documents written by hand which forty and four to sixty and the two of the File of Preparatory Phase conform folios from, like part of that one volume that was occupied to him to the defendant, in them is appraised their noticeable slander intention and difamatoria to the service of the government of the United States and the dissidence in general, to constitute journalistic article species similar to those of type, those that were elaborated by the defendant to trasmitir it by means of the antiCuban transmitter radical denominated "Radio Marti '", with seat in the United States of North America and it is thus nonsingle because it visualizes that its calligraphic content is of a single person and in that sense it considered the Provincial Laboratory of Criminology that was elaborated by the defendant LUIS MILAN FERNANDEZ as it consists to folios forty and three and forty and four of the summary, but because of the simple reading of the information of equal type that are visible in folios of the sixty and eight to seventy and the one of the File, that was monitoriadas like spread by that radial transmitter and that consists were paid by the defendant; identical writing form is appraised according to its content and style, those that beside the point appear was emitted to their name; everything what denotes its repeated one to drive spreading the news of that nature to the service of that well-known radial emitting enemy, responding to interests of the government of the United States. The being occupied to the defendant the referred radio marks TECSUN that provided the Session to him of Interests of the United States in Havana to facilitate better syntony with the emitting mentioned one, was put under an expert examination, whose result is stated in the document which eighty and two of the File of Preparatory Phase conform folio, with which the effectiveness of this equipment could be corroborated, designed specially and given to the defendant to arrange it to the service of the Cuban internal counterrevolution. Others of documents shrouds of the nourished number of tests, acreditativas of protagónico roll of the defendant within the internal dissidence, are some of the mentioned letters which it elaborated, of that thirty folios to thirty and the nine of the Sumarial File consist two in six and, in them is stated with evidence, mainly, in one denominated "declaration opened", his noticeable intention of constitutional changes in favor of his opposite ideas to the Government of Cuba and the effective social order, to which it criticizes from a irrespetuosa and challenging position and in another shipment the director of the Policlínico in which it toiled since doctor makes similars uprisings of protest and hostile position against the Cuban Revolutionary Government. It appears in addition as it shows of his cash to come difamatorio against institutions and agents to the service of the social order, an article written by him, that of is already mentioned, visible to folio fifty and seven of the file, with respect to as it appears to folio one hundred four was published by the call "Argentina Commission of Human rights in Cuba", which denotes his diversified slander diffusion, being this time as a supposed victim mistreated by an agent of the public order and it never happened. Effective means of test that I contribute valuable elements to the conviction that was arrived, is the pertaining to a witness one practiced during the Oral Judgment, to which they appeared to declare the witnesses Lang Yin Singh Without, Ruben Darío Rosales Corrales and Lina Esther Rios Vega, all workers of the policlínico where the defendant toiled, the first assistant director, the second epidemiólogo doctor and the third director of the Center, who with their exhibitions showed which they participated in the carried out analysis in occasion of the referred letter of protest that she sent to him to the director of the policlínico and when declaring they trasmitieron the censureable way of the imputed one against the exercise of the democracy in Cuba and its noticeable intentions to encourage to other citizens, doing public its pretension to motivate to a civil disobedience. On the other hand the witness Snows Lebeque Cisneros exposed when declaring the public and open way in which the defendant expressed his hostility against the Revolutionary Government Cuban, because she like nurse of the medical doctor's office in which he worked could know several his contrarrevolucionarias manifestations, to such point to shout in an occasion to alive voice that any day would fill the area of the doctor's office of contrarrevolucionarios posters, adding also, that in an occasion was placed over its sanitary dressing gown of doctor a black bracelet in protest signal, referring in addition its work like professional. In similar way the witnesses Ivón Avalos Vaillant and Feliberto Aranda declared during the judgment Gutiérrez, who as neighboring of the defendant was able to trasmitir to the juzgadores the constant phrases of same against the government and the his leaders treating to create distrust and insecurity towards the Cuban socialist system, making constant imputations in damage of the personality of the President of the Republic and other high leaders of the State and the Revolution; adding both its refusal like expression of revolt against the emanated directions of the central organisms of the State. Witness appeared also to declare Xiomara Diaz Fuentes, neighbor of mentioned contrarrevolucionario Manuel de Jesus Preval, known by "Pachi", who made reference to the meeting that took place in the house of this one, with attendance of a foreigner accompanied by a woman which alIí they arrived in a very luxurious car with circulation plate from the used ones in automobiles of diplomatic seats, being this one the occasion in which as the defendant said she attended a meeting in this address with the presence of the citizens of foreign nationality, by that received the material mentioned ones of studies. He demoted before plenary the Police Instructor, Ramon Alberto Granado Rosell, who as she referred in the Conclusivo Report of the File of Preparatory Phase his position, with all the accumulated tests in occasion of the investigativa stage could corroborate the subversive activities carried out by the defendant, detailing as well as inmiscuyó from the beginnings in meetings that carried out contrarrevolucionarios grupúsculos and the measurement that were entered in them towards more active their participation with opposed truely confrontacionales acts to the Cuban socialist system, to his leaders, stimulating the distrust towards the efforts and alternatives that in the political, social and economic order has been adopted, thus stimulating with his actions to a generalized civil disobedience and in the measurement that this happened narrowed their bonds with other ringleaders of contrarrevolucionarios grupúsculos and organizations of equal character in the outside; property more proliferated every day the slander and desacreditadora diffusion of the Cuban reality, received material and financial support for such aims sent by these competing organizations from the United States and the Session of Interests of that Country in Havana. Also when to declare showed true characteristics personal of defendant, end to which the other witnesses when declaring in the oral judgment and it made reference, concatenated with the report on their conduct and the Negative Certificate of Criminal records, that appear in folios from the seventeen to the twenty and seventy and the two of the Sumarial File, trasmitieron to plenary the one finished idea of their real personality
THIRD BEING: That the Public prosecutor maintained like definitive his Provisional Conclusions, that they consist in folios from the three to the nine of the roll of the cause
QUARTER BEING: That the Lawyer of the defense on the other hand, maintained her Provisional Conclusions, those that she elevated to definitive, visible to folios from the nine to the twenty-two of the roll of the cause
FIRST CONSIDERING: That the facts that are declared proven integrate THREE CRIMES predicted and sanctioned in articles Six three sections one and interjection b); Seven sections one and three and Eleven of the Law of Protection of National Independence and the Economy of Cuba; that tipifica first since his comisor agent accumulated in his power and spread subversive materials of character of the Government of the United States of America, to support the objectives of the Law Helms Burton, Bloqueo and the Economic War against the town of Cuba, directed to break the internal order, to destabilize the country and to eliminate to the Socialist State and the independence of Cuba. Integra the second then with identical intentions was collaborated with the bad transmitter called "Radio Marti '" with seat in the United States of America and other foreign means of diffusion, positions to the service of the internal and external, competing dissidence to the Cuban socialist system and the state and government of this nation, responding to the annexionist interests of North American Imperialism. For it it made manifold subversive activities in occasion from which by his certainty and implication it received several games of money as it compensates remunerativa to those activities to which it was dedicated completely, fungiendo then like wage-earning of the dissidence, with which it showed in addition his lucrative motivations. Also tipifica the third crime, every time the defendant for the accomplishment of the facts that gave rise to the referred crimes received material goods coming from the government of the United States of America by interval of the Session of Interests of the United States in Cuba; established criminal actions in the articles that they have of common to subvertir the internal order of the nation and to destroy the political system, economic and social, whose plinth emitted Burton "in year thousands nine hundred ninety and six by the Congress of that country sustains itself in the ingerensista" Law Helms as continuity of iron the blockade general of that powerful nation by more than forty years against this small island, expressing itself therefore the will of the extreme right Cuban-American highly worried about the economic recovery that Cuba exhibited for the year of its promulgation, getting worse with her mainly the economic measures, wanting to annul all commercial interchange with others countries, reason why constituted one of the used most aggressive positions in the ultimos times against this country in order to destroy the Cuban Revolution, with which they have tried to perpetrate a hostility climate and continuous I set a trap against our socialist system, limiting at all costs the foreign investments in Cuba and the international trade. With that eagerness to isolate to Cuba of the rest of the world and to force changes in its system of Government, that own law between its objectives openly declares the position of the government of the United States against the interests of the Cuban Government trying to impose a transition government, from which numerous material and financial resources with specific programs that respond to their distribution through the office of interests of the United States or another route and thus to make it arrive at the opposite internal grupúsculos to the government, with special interest in the distribution of materials of study of subversive cut which they promote the civil disobedience, auspicacia, with which have been arranged it has tried to train to the denominated independent, diseminadores journalists of slander materials through different means, questions with which have contributed the defendant, and far from constituting tried the movable nobleman who has wanted to show, it has been fehacientemente credited his mercenaria position to the service of that foreign power, because it is not pacific moving bodies like which it has alleged in his defense, that in way some can serve as sustenance to define the subjective element of the committed crimes, but that its intention or the intention of the blame its illegal one to act, been has determined by the convincing tests examined in his against, conducive clarifying his projections contrarrevolucionarias like one of the ringleaders of those grupúsculos to the service of the government of the United States; of everything what the Cuban society has been itself forced to defend with special protection of its independence and economy in the order Legal-penitentiary.
SECOND CONSIDERING: That he is responsible penal for the referred crimes, for author, the defendant LUIS MILAN FERNANDEZ, by to have executed the facts, by itself in agreement establishes article eighteen in its two sections one and interjection a) of the Penal Code.
THIRD CONSIDERING: That in the commission of the crimes extenuating, aggravating nor eximentes circumstances of the criminal responsibility do not concur
QUARTER CONSIDERING: That the criminal responsibility with himself the obligation of civil character to repair the caused material damage with the criminal action, but in this case is not to him indispensable; to not to have registered patrimonial affectation some.
FIFTH CONSIDERING: That the fundarnentos considered to impose the measurement of the sanction are sustained in the contained legal uprisings in seven articles twenty-seven and forty and section one of the Penal Code, in special the high degree of social danger that showed the defendant from its incorporation the contrarrevolucionanos grupúsculos with his harnessed destabilizing distorsionistas activities within the country, directed to fortify the internal opposition that precipitadamente has acted based on looking for changes in the system political partner and derrotamiento of the Cuban Socialist State; with total forgetfulness of the common guarantees that it provides east system to him to his citizens. His position of agent to service of policy subversive, harmful to our sovereignty, financed, directed and oriented from administration North American, is sample fehaciente of his pretension annexionist, violatoria of laws and rules constitutional effective in Cuba, that produces serious damages to well-being and to interests of our town, without it had repairs in it to even assume the leadership of certain grupúsculos to those who it impregnated his motivations to them in favor of the interests of the opposition, which constitute harmful dangerous personal actions for the national sovereignty, independence and the security, which they do not find justification, to the salary turned thus accomplice conscious with the North American government to subvertir the internal order, contributing to create an atmosphere of conflicts and civil, generating disobedience of difficulties that could become situations of greater confrontation and to even cause a call humanitarian intervention; reason why when forming part of that conspirative conspiracy to which it did not have I hide in tying, devoid of all sensitivity with the danger to that it exposed to the Mother country; demand of an energetic measurement in the penal legal order. Also it was valued that the defendant lacks criminal records and helped to the elucidation of the facts, recognizing all whatever did when declaring so much in the Preparatory Phase as in the act of the Oral Judgment.
WE FAILED: That we must sanction and we sanctioned to the defendant LUIS MILAN FERNANDEZ like author of THREE CRIMES completed anticipated in articles six three sections one and interjection b), seven sections one and three and eleven of the Law of Protection of National Independence and the Economy of Cuba, to EIGHT YEARS OF DEPRIVATION OF FREEDOM by anticipated in the article six three sections one and interjection b), SIX YEARS OF DEPRIVATION OF FREEDOM by anticipated in the article seven sections one and three, FIVE YEARS OF DEPRIVATION OF FREEDOM by the anticipated one in article eleven and like JOINT SANCTION UNICA TO TURN THIRTEEN YEARS OF FREEDOM DEPRIVATION; that he will fulfill in the Penitentiary Establishment that designates the Department of the Interior. They prevail in addition as accessory sanctions the Deprivation to Rights the same period to the one of the imposed, consisting of main penalty the loss of the right to the active and passive suffrage, as well as of the right to hold positions of direction in the organs corresponding to the administrative political activity of the State, in state economic units and organizations of social masses and, as preceptúa article thirty and seven in its ordinal one and two of the Penal Code. And comiso of the goods that served and were destined to the perpetration of the crimes, in agreement establishes three article Forty and section one of the own legal body.
As far as the occupied goods one has comiso and destruction the voluminous amount of written by hand documents made by the defendant, that are outside the file of Preparatory Phase. Comiso of a camera black and golden POLAROID mark color, model nine hundred Z with series eight two one one six one five, with its black case and a roll in its interior, a camera silverplated mark OSKAR, eight empty cassettes of music, four plastic pomos white color and a portable radius small gray color mark TECSUN, model R nine seven zero one, series 0AM two zero zero two zero one zero three three three one, manual corresponding to a radius FR a two hundred AM/FM Shortwave, its shipper of battery, white color, model CH-tres thousands eight hundred, marks to DIGITALIS and two headsets, all in favor of Warehouses of the Ministry of Justice for its free disposition.
The albums and the remaining bibliographical, consisting of documents books, magazines and pamphlets, destrúyase by their little value, like the bracelet black color. Entréguese to the defendant for its free disposition a fabric wallet of the type camouflage, of use, a key ring with three keys, a ring of silver man apparently, a disposable ball-point pen with red blue color, marks MOLIN, a pen to write red color mahogany, a feminine photography of small size and a clock bracelet, marks ACTIVE, of use apparently in good technical state with mechanical bracelet, silver-plated color.
With respect to the Measurement To prevent, is arranged to maintain the Provisional Prison imposed to the defendant LUIS MILAN FERNANDEZ, dedúzcase the time fulfilled like part extinguished of her.
Notifíquese the present 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 stops before the Penal Room based on 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 And WE SIGNED.