Santiago #7
English (machine translated) | Spanish
POPULAR PROVINCIAL COURT OF SANTIAGO OF CUBA
ROOM OF THE CRIMES AGAINST THE SECURITY OF THE STATE
IT SENTENCES I NUMBER SEVEN
IN The CITY OF SANTIAGO FROM CUBA To The SEVEN DAYS Of the MONTH DE ABRIL Of YEAR TWO THOUSANDS THREE.
JUDGES:
LIC. MARIA And MILANES TORRES
LIC. JOSE FERNANDEZ LESCAILLE
LIC. WHITE MANUEL MELENDEZ
VALENTIN CRICKET SOLORZANO
NORA MARINA GALANO RODRIGUEZ
VISTA in oral and public judgment before the Room of the Crimes Against the Security of the State of the Popular Provincial Tribune of Santiago of Cuba, in PROCEDURE SUMARISIMO, the CAUSE I NUMBER FOUR Of YEAR TWO THOUSANDS THREE, followed by Ios crimes of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE and THREE CRIMES CONTAINED IN LAW EIGHTY and EIGHT OF THOUSANDS NINE HUNDRED NINETY and NINE, PROTECTION OF NATIONAL INDEPENDENCE and the ECONOMIA OF CUBA, followed between parts, of one the Fiscal Ministry, represented by the Lic. Bileardo Clary War, and of the other, the defendant JOSE DANIEL FERRER GARCIA, Cuban, natural citizen of the municipality of Palma Soriano, province of Santiago of Cuba, son of Daniel and Amelia, thirty and two years of age, married, vacated, with twelve instruction of degree, identity card number seven zero zero seven two nine two seven five zero, neighboring of seven nine street final number three hundred eighteen, White Hill, Palmarito de Cauto, municipality "Julio Antonio Mella", province of Santiago of Cuba, in provisional prison by this cause and defended by the Lic. Alberto Fumero Batista, designated; JESUS MUSTAFA FELIPE, Cuban, natural citizen of the municipality of Palma Soriano, province of Santiago of Cuba, son of Alexander and Juana, fifty and nine years of age, married, vacated with eighth degree of schooling, identification number four four zero four zero six zero five one one, neighboring of Camilo eight Cienfuegos number one hundred fifty and three between the Guaos and Cállamo, Distribution the Ceiba, municipality of Palma Soriano, province of Santiago of Cuba, in provisional prison by this cause and, defended by the Lic. Guillermo Mateo Maldonado, designated; ALEXIS RODRIGUEZ FERNANDEZ, Cuban, natural citizen of the municipality of Palma Soriano, province of Santiago of Cuba, son of Alfredo and Paula of thirty and three years of age, married, vacated, with twelve schooling degree, identity card number six nine one two zero seven two eight five four seven, neighboring one of Dark-brown number fifty and four between Rius Rivera and Moncada, municipality of Palma Soriano, and province of
Santiago of Cuba, in provisional prison by this cause and defended by the Lic. Erick Yaniell Estévez Goatherd, designated; SERIOUS LEONEL DE PERALTA ALMENARES, known by "Puchungo", Cuban, natural citizen of municipo "Julio Antonio Mella", province of Santiago of Cuba, son of Leonel and Mariluz, twenty and six years of age, unmarried, unemployed person, with twelve schooling degree, document of indentidad number seven six zero five three zero one three seven four, neighboring of street three B number one hundred sixty and eight between fourth and villa, Palmarito de Cauto, municipo "Julio Antonio Mella", province of Santiago of Cuba in provisional prison by this cause and defended by the Lic. Elizabeth Anixa Vázquez Gual, designated; RICARDO ENRIQUE SILVA GUAL, Cuban, natural citizen of Palma Soriano, province of Santiago of Cuba, son of Miguel Santiago and Elina Rosa, twenty and nine years of age, unemployed person, college student, Medical profession, with permanent identification number seven three zero four one nine zero five one one, neighboring of eight Martí street high number four hundred fifty and eight between Eduardo Chivás and Oscar Lucero, municipo of Palma Soriano, province of Santiago of Cuba, in provisional prison by this cause and defended by the Lic. Jorge Serious Luis of Peralta Mesa, designated.
BEING PONENTE LICENSED JUDGE MARIA HOPE MILANES TORRES
FIRST BEING : That the defendant assured in provisional prison JOSE DANIEL FERRER GARCIA, JESUS MUSTAFA FELIPE, ALEXIS RODRIGUEZ FERNANDEZ, SERIOUS LEONEL DE PERALTA ALMENARES known by mote of "Puchungo" and RICARDO ENRIQUE briefed SILVA GUAL, of the age and other generals, who occur by reproduced, came evolving like mercenarios to the service of the government of. The United States de Ameríca, historical enemy of Cuba, that increases every day its hóstilidad against the country, in its attempt to snatch the sovereignty conquered by the heroic fight of the Cuban town, in order that Cuba loses its autonomy, to destroy the Cuban Revolution and the socialist regime, by means of the weakening of their ideological bases, to reach the failure of the economy and to eliminate the independence and sovereignty of Cuba, receives numerous material and financial resources provided by the North American administration, through civil employees and agents in the outside, as they are Daniel González Casas, member of the National Foundation Cuban American, Frank Hernandez Trujillo, ringleader of the Support battalion to the Dissidence, both opened terrorist and enemy connotados of the Cuban Revolution; being thus, that from approximately the year thousand nine hundred ninety and seven FERRER GARCIA and MUSTAFA FELIPE begin of joint form to participate in different actions and enemy operations from the revolutionary process, activities to which later in year thousands nine hundred ninety and eight are gotten up SERIOUS DE PERALTA ALMENARES and in years two thousands and two thousands one also add the defendant RODRIGUEZ FERNANDEZ and SILVA GUAL, meeting all Tuesdays of every week in the address of the defendant JESUS MUSTAFA FELIPE, located in Camilo Cienfuegos number fifty and three between the Guaos and Cállamo, Distribution the Ceiba, municipo of Palma Soriano, Santiago province of Cuba, with the objective to plan and to organize enemy operations to the effective legal norms in the country, where they analyze magazines, bolentines, pamphlets and documents several contentivos of subjects of antiCuban, subversive and proimperialistic content, essentially opposite to the Cuban socialist model, that were occupied to them in the registries that became in each one of the addresses of the defendant as they are "Cuba propose to leave a crisis", Elections who are not ", Reasons without reason", "jailed People", magazines "Hispanic Cuban", "Cubanet", "Dissidents", "Vitral" and others, which to opened doors to invite all the citizen whom it loved to participate in them and thus to spread his tergiversadoras ideas of our reality, fulfilling the strategy designed by the United States. That through Daniel González Casas de Frank Hernandez Trujillo, actions finance ilegítimas, they supply with cameras, radio to it receiving marks Tecsun, computers, and other equipment and products like the occupied ones, besides to cover its expenses. Thus the things, the defendant JOSE DANIEL FERRER, with money recibio through Western agency Union, in its subversive eagerness distributed to other people in different games money superior to the fifty thousand pesos, after making its corresponding conversion, which also makes SILVA GUAL with the thousand dollars sent by González Casas, by the same mentioned agency, tying in equal sense through FERRER GARCIA to the contrarrevolucionario Hernandez Trujillo, receiving from this one what they do in calling "medicine aid", with which it remained and it distributed with equal described intentions and that were some of occupied them. In house search GARCIA takes care to FERRER the amount of fifty dollars and thousand three hundred eighty and five pesos, originating of his illegal activity, money entered the Credit union and Commerce of Santiago of Cuba. That like part of the planned provocations, defendant MUSTAFA FELIPE, position in common agreement with the rest of the defendant, amplify traverse of average technicians to all the town that surrounds it, materials that discusses, and almost daily also towards with the enemy transmitter "Radio equal Marti" or others of caráter, turning the outer walls of its house propagandistic mural, having like purpose, subvertir the internal order and the citizen tranquillity, causing alterations of the order in the community, by the rejection that towards such práctices the settlers of the place refute, those that soon filmed to present it form falseadas in That similar actions to these realize also Wednesdays of every week in domiciled of the defendant JOSE DANIEL FERRER GARCIA, located in seven street end, marked I number three hundred eighteen, White Hill, Palmarito de Cauto, municipality of "Julio Antonio Mella", provincial of SANTIAGO of Cuba, where in addition to JOSE DANIEL DE has a participation activates SERIOUS defendant LEONEL PERALTA ALMENARES, who organizes it, looks for materials, spreads them through projections of videos, reading and commentaries of texts with the only aim of server faithfully to those who pay to him and utlizan like súbditoa the United States of America.
Others of the activities that all these defendant throughout develop this time with the only aim to debilitate the international image of the democratic essence of the system, to discredit the moral of the authorities, high leaders of the country, were the emission of more than one hundred denunciations of facts totally distorted, and falseados as far as the real reason and form of occurrences, that were occupied to him to these in the house searches that were done to them or that credited through the Center of Monitoreo the International of the Ministry of Communications, their emission and the integral text that as locution Radius essentially utillzan the foreign transmitters of subversive cut "Marti '", "Mambi Radio '" and "Radio Peace", all of the government of the United States, for it each one, firstly gathered together and wrote the information and they mainly pay by ALEXIS RODRIGUEZ FERNANDEZ and JOSE DANIEL FERRER GARCIA, which does not limit that anyone of the rest did it, as asi happened. That in date eight of September of thousand nine hundred the ninety and nine defendant JOSE DANIEL FERRER GARCIA in order to alter the order and to try a climate of tension and uncertainty in the Cuban population, he organized in the Sanctuary of Cobre of the municipality and province of Santiago of Cuba a march with eight people, between whom also was SERIOUS defendant LEONEL DE PERALTA ALMENARES, carrying each one posters with contrarrevolucionarias proclamations that they urge the civil disobedience, not being able to be able its intentions to move by all the town, to make be worth through its publications that in Cuba exist antagonistic political differences, that is a tool of the work enemy, by the fast and spontaneous answer that received from the neighbors of the place. That in date eight of nine and ninety December thousands nine hundred in occasion of to have celebrated in the Popular Municipal Court of "Julio Antonio Mella", municipality of the same name, the province of Santiago of Cuba, an oral Vista against one of the brothers of the defendant JOSE DANIEL FERRER GARCIA, this one and SERIOUS defendant LEONEL DE PERALTA, vociferate offensive phrases in the part of outside of the building of the Court altering the order, to bother the tranquillity of the citizens; being so before such manifestations great part of the citizens who were in the surroundings approached them and of voluntary form they attacked them like answer to his provocations, being dissipated this situation when the members of the Revolutionary National Police were personaron in the place and protected the defendant. Persisting in its intentions to end the sovereignty of Cuba, and to distort before the public opinion what occurs in the country and to look for an advertising show, approximately to six and the thirty passed of the day veintiuno dazzling of January of two thousand one JOSE DANIEL FERRER GARCIA, SERIOUS LEONEL DE PERALTA ALMENARES and JESUS MUSTAFA FELIPE, in occasion to be transferred mounted in the back part of a truck to the Ilegar to the town known by the Salty one, of the Contramaestre.provincia municipality of Santiago of Cuba, jointly with other citizens they were intercepted by agents of the internal procedure of the Revolutionary National Police in order to occupy contrarrevolucionarios documents to them of content that these Ilevaban with himself and after requiring the delivery, they begin to show challenging words against the agents of the public order, those that when being you accompany by coarse phrases and obscene they do not reproduce, to the object to cause in a those violent answer, and when not obtaining its intentions they were embraced between the three and going to all the present people they shout to alive voice among other expressions: "Down the Dictatorship"; "Minions of Castro", "Police that live on the Town," Freedom ", exacerbando of that form the spirit of the five hundred people, that voluntarily was Ilegando, causing hard interchange with the population, receiving fast and activates answer of the other citizens who traveled in the truck and of settler passers-by and Ios of the site that were congregated there. Similarly, responding itself to a same objective, in hours it does not need a day nondetermined at night but the month of April of year two thousands two, the defendant ALEXIS RODRIGUEZ FERNANDEZ personó in the street Rius Rivera between Lora and Villuenda of the municipality of Palma Soriano, in occasion to be celebrating an Assembly of Surrender of Accounts of the Delegate of the Popular Power, dealed with to publicly take part and to show opposite ideas to the revolutionary process, with the only aim to boycott or to prevent happy desarollo of the meeting and to cause therefore the distrust, the doubts and the malaise between the voters and the Delegate of the zone, like one of the strategy that persecutes the enemy against our process or electoral system, which IE was not allowed by the voters reunited there.
Like part of the constant material support, financial and moral that the Office of Interests of Ios the United States of internal enemy America offers Ios of the country, in date veintiuno of January of two thousands the three Mr. James Cason contacted in the address of the defendant JESUS MUSTAFA FELIPE with the defendant JOSE DANIEL FERRER GARCIA, ALEXIS RODRIGUEZ FERNANDEZ, SERIOUS LEONEL DE PERALTA and RICARDO SILVA GUAL, and to I already finish of the visit gets up MUSTAFA FELIPE, where they analyze the importance of the contrarrevolucionarios grupúsculos activity of Ios in the country, their necessities and in addition give Literatures so that it serves as study and spreading to them. Later, day four of March of year two thousands three, the defendant JOSE SERIOUS DANIEL and LEONEL DE PERALTA maintain an encounter with civil employees of the Office of Interests of the United States in Cuba again, in which also they receive literary material, and in the same one they show the necessities to them based on the divulging work of the ideas and I interest North Americans, materials that are not only limited to accumulate but to distribute and to cause the debate between Ios members of illegal grupúsculo contrarrevolucionario, Iiteraturas all that during the instruction process is occupied.
During the investigativo process JOSE took care in registry conducted in the address of the defendant DANIEL FERRER GARCIA a ticket of ten USD serial number nine BL three nine six nine four one eight A; a ticket of twenty USD, with serial number five AK three two four six zero nine nine B; another ticket of twenty USD, with serial number five AG three three six two four nine three H the sum of thousand three hundred eighty and five pesos; a video marks Panasonic, with the serial number FOLLOWS eight zero four one nine, with its remote control; of nine casetes of videos, cable of connection, four tapes of printing mark Epson, two camera, marks Canon, with the serial number six NS three ray one nine zero one one zero zero ray two and the other with the serial number six nine three four one eight zero, a lantern, marks Gameleón in good technical state, six compact discs; fifteen diskettes of computadordas battery shipper marks Digitalis, a computer addition (microphone) addition of computer (transforming mark two Canon K three zero one zero and its connection); treces rolls of black cameras fotográficas(diez and ten photographic target, three rolls outside case; a transformer of radío and headsets; forty and four casetes with box; seventeen casetes without box; an empty case casete; typewriter Robotron mark; Citizen reproducer in badly been with serial number five zero seven zero one seven one zero and as well as medicines. Accused AI JESUS MUSTAFA FELIPE, five IE takes care casetes of audio, magnetic supports (a floppy disk and two CD); receiving radio Tecsun mark model R nine seven zero one with serial number zero nine three two zero zero two zero nine one zero five seven seven; typewriter mark VEB, model ten, without serial number and camera mark KODAC with a lens of thirty to sixty millimeters and takes care the situated house in Camilo Cienfuegos number one hundred fifty and one between the Guaos and Cállamo, municipality of Palma Soriano, where they reside familiar of mentioned processing, and does not bear relation to the facts, the one that is given in quality of deposit to the wife of named MUSTAFA FELIPE Mercedes Elias Rivera, to you are them from the process. Accused AI ALEXIS RODRIGUEZ FERNANDEZ took care a telephone marks Casio to him; a transformer of telephone current; a portable radius Tecsun mark, with serial number OAM two zero zero one one zero two three two four one; a shipper of batteries of one comma thirty and five volts marks Sakar; casete is transparent mark Maxwell with its box: casete of Sony mark; a box of diskettes marks Maxwell; two diskettes blue and a labeled other with red; sixteen casetes of video of the VHS type; an electronic agenda Radioshack mark; a camera mark Jazz lines five zero six with lens of treinte and five millimeters two tapes of use printer mark Epson LQ thousands; six to pulóver new of white color and three thousands of leaves, two surrounded in periodic paper and the surrounded other in his on yellow color. SERIOUS accused AI LEONEL DE PERALTA ALMENARES takes care a receiving radius to him Tecsun mark model R nine seven zero one, with headsets and battery shipper marks Digitalis. Accused AI RICARDO ENRIQUE SILVA GUAL, IE takes care a receiving radius Tecsun mark model R nine seven zero one with serial number OAM two zero zero one one zero two three six two eight; a portable recorder Sony mark, without battery; a Panasonic telephone model number Kx- TC thousands, two cables, accessories of the Fax Panasonic; a Fax Panasonic Kx-fp eighty and five; three casetes, a camcorder marks JVC, model Gr-sxm number twenty-four zero U, series seventeen number one hundred R two eight zero five, with its case, a shipper of JVC and another one of Duracell; a transformer with its cable JVC; two casetes of cárnara of video marks Fuji, with its cases; a new Fax tape in its case; three Fax tapes of use, with five rollers; a box of Sebectum fastener, medicines several; a ticket of; five pesos national coin and one coin of ten cents freely convertible, entered the National Bank of Cuba. Accused EI JOSE DANIEL FERRER GARCIA, at the time of committing the facts is broken ties labor, is characterized being a problematic person with their neighbors and until with their own Ilegando family physically mistreating their mother, thing this that still makes. It was involved in repeated occasions in fights, was militant of the UJC, it begins to have opposite ideas to the socialism as of year 1997, intellectually it throws an intelligence coefficient that locates it in you limit them under intelligence with poor adaptation means, of ostentation of an intellectuality and aspiration over its real aspirations, arising within him the interest from being a minister after the supposed fall of the Revolution and Socialismo in Cuba, and its work directs it on that base, in spite of having an aggressive personality, simulates to act different by the intentions that encourage it and criminal records do not consist to them. Accused EI JESUS MUSTAFA FELIPE, worked in the Control of Ambulance of Palma Soriano like operative, soon happened To help of Ambulance in the same organization. He is defending of the aggressive foreign policy of the United States, justifying all his to drive in the international conflicts, always emphasizing the annexationism necessity, was known that it discusses frequently with his wife, it offends it and it mistreats. From year thousands nine hundred ninety and one began to express their opposite position to the system, tying as of year thousands nine hundred ninety and four to equal people dog aims, IE consist registered antecedent police officers by disorders public and was noticed officially by the Revolutionary National Police by habitual vagancia and IE does not consist criminal records. Accused EI ALEXIS RODRIGUEZ FERNANDEZ, Integra to the illegal group in year two thousands, motivated by their pretensions to obtain endorsement to emigrate definitively towards the United States, but at the present time has stopped of the initial intentions, due to the confidence that it has in which the opposition will overthrow to the Revolution in a smaller term of three years and has been executorily sanctioned by the Popular Provincial Court from Guantánamo, in the Cause number eight hundred eleven of thousands nine hundred ninety and four by the crime of llegal Exit of the National Territory to three years of Deprivation of Freedom. SERIOUS accused EI LEONEL DE PERALTA ALMENARES, alias "Puchungo", in year thousands nine hundred ninety and eight begins to develop enemy operations openly to the socialist system, maintains a standard of life over their economic possibilities, it does not have I tie labor living on the money that IE gives for work of opposition in Cuba and IE does not consist criminal records. Accused EI RICARDO ENRIQUE SILVA GUAL, is Doctor, began to work in year thousands nine hundred ninety and seven and from that year to the month of May of year two thousands two were object of eight disciplinary measures, by repeated indisciplines in their service, as they were: bad attention to patients, little permanence in its job, lacks of with respect to its superior and injustificadas absences, which entailed the administration of the center to apply the disciplinary measurement of definitive separation; the defendant throughout the investigativo process has cooperated, showing his repentance and IE does not consist criminal records.
SECOND BEING : That the Ilega court to the conviction that the facts happened in the form related and not of another one, because therefore is corroborated with the examination of the practiced tests, those that value according to the rules of the logic and the reason, Ilegando to the conviction to partly welcome the declaration lent by the accused Jose Daniel Ferrer Garcia, Jesus Mustafa Felipe, Alexis Rodriguez Fernandez, Serious Leonel of Peralta Almenares and Ricardo Enrigue Silva Gual, all time, who although admitted to become jumbled in acciones.que have been described opportunely, denied the intention that took them to make it and that to judgment of the juzgadores has not been other that to subvertir the order establecio in Cuba, to try to help to overthrow the legitimate government of this country, to end the Revolution and the Cuban sovereignty, which demonstrates with the direct bond of JOSE DANIEL FERRER GARCIA and RICARDO ENRIQUE connotados SILVA GUAL with contrarrevolucionarios, integral of contrarrevolucionarias organizations which from exile they serve as instrument to the injerencista policy of the United States of America in the internal subjects of Cuba, like has been with Daniel González Casas and Frank Hernandez Trujillo, first who appears like member of the National Foundation Cuban American, and second known ringleader the organization been in Miami "Support battalion to the Dissidence", which has been justified by the own testimony of the accused, agreeing this with documentary of money receipt and the medicines that those did Ilegar to them to JOSE indifferently DANIEL and RICARDO ENRIQUE, in agreement it says to fojas from the six to the ten of Tomo One from the investigativo file and folio nine to the twenty-four, and from fifty and the five to the sixty of Tomo Five from the file from governmental; the civil registry where the occupation of the money in currencies and national currency is credited that IE were occupied directarnente to JOSE DANIEL and his corresponding entrance to the National Bank of Cuba, together with Ios fragment documents of paper also occupied to JOSE DANIEL where received money of the outside consists directly, in the month of February of the year two thousand two and in Ios months of January to March of the year two thousands three, as well as the corresponding delivery of this one to different people, that in number of sixteen, received it, credited documentarily to the being occupied and to comprise of the phase file, to folios of two hundred forty and the eight to two hundred sixty and the eight of Tomo One,y folio one hundred ten from Tomo Five. That also the result of the four and seventy analysis is valued that to folios one hundred to one hundred seventy and the nine of Tomo One, and from folio seventy and three to seventy and the eight of Tomo Two, in which reviewed one hundred ten materials; between books, magazines, bulletins and of them seventy and one respond to currents of diversionary direction, imperialistic, reformist and neoliberal pro;a three and one and sixty fojas to the sixty, obrante one in Tomo Three; consisting the material analysis of diecineuve occupied to RODRIGUEZ FERNANDEZ, and demonstrating themselves that its objective and purpose are the one to criticize all whatever at any cost it has to do with the process revolucionariom, of indisponer to the population, promoting the civil disobedience and to destroy the revolution; in the case of SILVA GUAL the thirteen materials that IE were occupied characterize by their diversionismo, the irrespeto, the manipulation, the distortion, the disrepute, the promotion to the confusion and the instigación to the dissidence;y from one hundred the thirty to one hundred fifty and the five of Tomo One, considers on the content of Ios sixty and one casetes of occupied videos to FERRER GARCIA; of fojas sixty and five to sixty and the seven of Tomo Two, and Ios five referred to MUSTAFA FELIPE, of which one concludes that fifty of them contain information characterized by the diversionismo, the manipulation, the distortion, the disrepute, Ia incidia, the promotion of the confusion with noticeable interest to increase the well-known dissidence and the intention of routes to obtain support of the outside, contentivos many of them of denunciations and other types of information offered by this defendant which is credited of fejas eighty to one hundred twenty and the three and from one hundred the twenty-eight one hundred seventy and to the one, and from two hundred the eight to two hundred the twelve of Tomo One; the rest of casetes of audio is recorded with music of that they are used in his subversive aims, as well as the obrantes of fojas one hundred eighty to one hundred ninety and the seven of Tomo One Evaluating the negative certifications as far as not comercializacón in our country from the camera of black color, marks Canon, with lens of thirty and five millimeters, which demonstrates the equipment that to its Ilegaba person from the outside. The result of the expert report is also valued on Written by hand Text Investigation emitted by the Provincial Laboratory of Criminology of Santiago of Cuba of fojas two hundred forty and four to two hundred seventy and nine, and where it is emphasized that the documents investigated in their totality except one single one were written by the accused. That one values the documentary ones which they guarantee its social and moral conduct to fojas from the seventeen to the eighteen, the one that together with the opinion expert psychiatric made, visible to folio two hundred eighty to two hundred ninety and three of the investigation file, we formed conviction the juzgadores by the elements that contribute of the personality of the judged ones. That in the case of JOSE DANIEL, its aspiration considers to become a personality, despite Ios limits under intelligence that it has. On equal sense, probanza of the facts committed by SERIOUS the LEONEl accused DE PERALTA ALMENARES, is based on the practiced probatory material in the act of judgment of the oral judgment, such as its declaration, recognizing all the facts, as well as to be member of the competing group, emphasizing in addition on its bonds with the rest to the defendant, although denies to maintain Ios bonds with the United States of America, aspect this that the Room misestimates since like it has considered has been demonstrated the contrarrevolucionario character of the activities that this one develops and to Ios nexuses with the Office of Interests of Ios the United States, the registry made in the house where the encartado one resides, whose act builds to folio two of the sumarial file, where a radius took care among other things marks Tecsun, whose technical characteristics were indicated like the origin previously, a headset and the battery shipper marks Digitalis, several documents; result of the made expert work to ten manuscripts where the distribution of money consists that already has made the processing to other people, crediting itself that they were elaborated by him. Certificate emitted by the Center the International of the Ministry of Outer Relations of the Republic of Cuba, obrantes to folios forty and six of the sumarial file where it is credited that the same one has made subversive publications or has been mentioned in means articles different from the outside. That Ios made assignments by the defendant RICARDO ENRIQUE SILVA GUAL has been demonstrated with the practiced probatory volume in the act of the oral judgment, in which recognized its participation in such, explaining with luxuries of details the form and métoda that uses, meaning that funge like financier of the competing group, whose coordinating he was the citizen Jose Daniel Ferrer, who maintained bond with members of the American Foundation Cuban in the United States of America, which IE sent financial and material resources for the accomplishment of the subversive activities, that leaves from the money that received distributed the members to it for the development of the activities, giving sample of repentance and asking for of the Court an attenuated pain, it emphasized to others on the bonds that ALEXIS maintains with the defendant RODRIGUEZ FERNANDEZ, SERIOUS LEONEL DE PERALTA ALMENARES and JESUS MUSTAFA FELIPE, people who participated in the meeting who took place in the MUSTAFA house, with the Secretary of the Office of Interests of the United States, corroborated his saying with the considerable number of magazines, pamphlets, casetes of video, between many others according to consists in act of occupation of folios five to the eight of Tomo five from the phase file, whose contrarrevolucionario, diversionary and subversive character, was shown by experts of high professional level, that later of a meticulous analysis they concluded the contrarrevolucionario character of the content of the occupied documents, whose report builds to folio forty to forty and five of the sumarial file, the radius marks occupied Tecsun the encartado one, equipment of high fidelity, able to receive with great clearness the enemy propagandas that are transmitted from the outside and which they have been distributed to facilitate its conspirative work, whose characteristics are exposed in technical certification that builds to folio sixty and eight of the phase file. Summary of the analysis made to the content of Ios casetes occupied the defendant, by experts, Ios as credits to the diversionary content, subversive and same contrarrevolucionario character of Ios, whose report builds to folio sixty and seven of article seventy and four of the referred Volume. EI result of the expert work on written by hand text investigation made by the Provincial Laboratory of obrante Ciminalística to folios ninety and seven to one hundred thirty of the file in which it is credited that Ios written by hand was elaborated by encartado in which tergiversadamente informs the life into the Cuban society, acting of the Organos of the Department of the Interior and the figure of the Commander-in-Chief Fidel Castro Ruz. Certification of the Ministry of Justice having credited the illegal character of the group that says to Ilamar Christian Movement of Liberation, sight to folio sixty and three of the file, Labor Certification on the defendant SILVA GUAL, Vista to folio eighty and seven of the summary, where appear the repeated ones measures of type administrative and Ios reasons that caused their imposition and definitive separation of the organism of the health, everything which colige with Ios testimonies of the examined witnesses, since they have been all Ios proposed by the part accusing and assumed by some of defending learned Ios, since they were you answer, explaining the reason of knowledge of its saying, being all presénciales witnesses of made provoking acts indifferently by Ios accused FERRER GARCIA, MUSTAFA SERIOUS FELIPE and DE PERALTA ALMENARES, related to the happened events when coming out of the Sanctuary of Cobre, in front of the entrance of the Municipal Court of Notch, in a truck of passengers, parked in the town of the Salty one of Baire of the municipality of Foreman, where each one of the deponent ones in categorical form presented the contrarrevolucionarias phrases used by Ios judged mentioned, the malaise that their acts caused, when affecting the patriotic person and feeling deponent other of the town, indicated that in each one of described actions 10 they were present a number from one hundred to five hundred, like Ilegaban to process face the illegal conduct assumed by Ios, which felt before their Ilegando provocations to the conviction that these actions are committed soon to publish images, to distort the reality of the occurred thing, making see that they were the police authorities, and not presenting the protection that really Ios agents of the interior offered them, to expose it like arguments like supposed violations of of human rights in the country, because when saying of some witnesses, of to have protected had not been in danger their lives. That one misestimates the testimonies of Ios witnesses presented/displayed by the defender of SERIOUS PERALTA ALMENARES, because they did not contribute anything in relation to the reason for his proposal and to confirm itself with other means that this defendant was present in the meeting that in MUSTAFA house FELIPE maintained with the civil employee of the Section of Interests of the United States.
THIRD BEING: that the Fiscal Ministry modified second of its conclusions in the sense to describe Ios done like a single crime of ACTS AGAINST INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE, anticipated and sanctioned in article ninety and one of the Penal Code, maintains third and fourth and, in the villa modifies only in the sense to interest that IE prevails like sanction to SERIOUS defendant LEONEL DE PERALTA ALMENARES the one of Twenty Years of Deprivation of Freedom, for ALEXIS RODRIGUEZ FERNANDEZ the one of Eighteen Years of Deprivation of Freedom and for the defendant ENRIQUE SILVA GUAL the one of Ten Years of Deprivation of Freedom, maintaining unalterable to Ios other obrantes uprisings in the provisional conclusions of fojas three to the eleven of the roll of the cause, that it elevates to definitive; without the Room made use of the formula established in article three hundred fifty of the Law of Penal Procedure.
QUARTER BEING: The defenders of the defendant maintain like definitive their provisional, visible conclusions to fojas thirty and one to forty and the nine of the roll of the cause.
FIRST CONSIDERING: That the facts that are declared proven, constitute a crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE, anticipated and sanctioned in article ninety and one of the Penal Code, Law number sixty and two of thousands nine hundred eighty and seven; integrated because in agreement it appears of relates factual of facts, their comisores for several years have been coming dedicating itself to attempt against the Integrity of the Cuban State, putting itself to the service of the Government of the United States of America, tying and receiving from members of connotadas contrarrevolucionarias organizations, as Cuban American is it the National Foundation and the Support battalion to the Dissidence, and technical civil employees of the Office of Interests of the United States of America in Cuba, resources, diversionary, financial equipment, materials and medical products, Ilevando to routes of facts provocations against the town, altering the citizen order, reproducing, recepcionado, distributing, disclosing the false news on the Cuban reality and its authorities, under the clothes to be defending their human rights, and the aim of their actions in order to destroy the Socialist System and the Cuban State, behaving like agents of the North American Policy to destroy the Revolution, to snatch him independence, putting in risk the Territorial Integrity of the State and its outer security, integrating itself to a supposed movement to demonstrate that in the country antagonistic political differences exist, tool that in their line of work are used by the United States and are a reason for which have decided in calling "intervention humanitarian", that is not but that armed intervention. In the present case it cannot prosper the thesis exposed by the lawyer of the defense of one of the comisores, when it maintains that the facts committed by their defendant must be described by two crimes as the effective Law number eighty and eight of the sixteen of nine and ninety February thousands nine hundred, Law De Proteccio'n of National Independence and the Economia of Cuba, because still and when in the probatory volume they appear injurious activities that they are framed in this special Law, the comisores look for a single intention, to undermine the sovereignty, to put under, to enslave the nation and to look for the annexation from Cuba the United States.
SECOND CONSIDERING: That the defendant are penal responsible JOSE DANIEL FERRER GARCIA, JESUS MUSTAFA FELIPE, ALEXIS RODRIGUEZ FERNANDEZ, SERIOUS LEONEL DE PERALTA ALMENARES and RICARDO ENRIQUE SILVA GUAL, of the qualified crime, for authors to be direct executors of such in correspondence with settled down article eighteen apatados and two, interjection a) of the Penal Code.
THIRD CONSIDERING: That in the commission of the crime extenuating, aggravating and eximentes circumstances do not concur of the criminal responsibility with respect to the defendant JOSE DANIEL FERRER GARCIA, JESUS MUSTAFA FELIPE, ALEXIS RODRIGUEZ SERIOUS FERNANDEZ and LEONEL DE PERALTA ALMENARES, by not to have appreciated in the factual story of the facts; not thus as far as the defendant RICARDO ENRIQUE SILVA GUAL in whom if the circumstance of attenuation anticipated in two article fifty concurs and letter ch) of the Penal Code, invoked by the lawyer of the defense, because in agreement it appears of the probatory resultancia, from the phase of investigation and in the act of the oral judgment its participation in the imputed facts has recognized, cooperating with his elucidation and showing his arrpentimiento, nevertheless in his case it does not concur the circumstances of letters e) and g) of the mentioned rule and that comes interesting its defender when not being demonstrated for first that it argues that the processing is deserving by his conduct of that benefit but all the opposite and in the case of second in way some the requirements are present that constitute it and integrate, being criterion in addition to the juzgadores that this processing consciously knew the consequences that his to act brought for the Cuban Revolution.
QUARTER CONSIDERING: That she is the person in charge penal, is it also civilly by the damages and damages produced by the action as establish article seventy lines one of the Penal Code in relation to the article eighty and two and following ones of the Civil Code, but of the factual story of the facts it is not credited that it has taken place and consequently it does not come to make uprising in such sense.
FIFTH CONSIDERING: That the Court to adapt the measurement to impose to each one of Ios accused adjusts of general form to the lineamientos of Ios seven articles twenty and seven and forty and ray one of the Penal Code, in special the degree of done social danger of Ios, all time, that the processings make illegal acts to the service of the empire in order to affect National Independence and the Cuban Sovereignty, as well as to such contribute with Ios aims of Laws antiCuban promulgated in the United States, using for it arguments that use the North American administration and the Mafia of the extreme right in their war against Cuba, that in definitive arsenal forms part of ideological of Ios imperialistic and his lacayos, opposites to system political socialist that as form of government, reaffirmed in process plebiscitario popular without precedents, where million participated more than nine of people and for company/signature public and voluntary, eight million one hundred ninety and eight thousand two hundred thirty and seven voters to do to be worth his desire to maintain Socialism in country, in answer to manifestations injerencistas and offensive of President of the United States of America, which gave rise to that the Agreement was adopted by the Supreme Organa of the Power of the State unanimously number five lines seventy and four, by that the twenty-six of June of year two thousands two were approved the Law of the Constitutional Reformation, leaving itself specifically stipulated the irrevocable character of the socialism and the political and social system by designed her. EI Cuban town when taking the political power by means of the triumphant Revolution first from January of year thousands nine hundred fifty and nine, found a state apparatus characterized by a total scorn towards the human rights recognized by the international community of nations, and Ios few that appeared gathered in the constitutional norm of the time were mere declaratory rules, shining by their absence economic, social and cultural Ios Ilamados right. The Revolution soon put in practice the program of economic and social transformations that had paid attention, first in the famous legal plea "History me Absolvera '" and for the materialization of Ios necessary steps for the construction of a socialist society, gathered in the Constitution of the right Republic where fundamental Ios and liberties settle down, the guarantees for their free exercise are expressed and enunciate Ios principles that serve as base for it, as they are right economic and social, right and political liberties, Ios human rights, gathered all in the Magna Carta. The principle has equal constitutional rank of which the exercise of these human rights cannot nor must contribute to that for the sake of their preservation integrity from the society and its socialist regime of government are put in danger, in this sense pronounces article sixty and two of the Magna Carta, of it does not take control the more 13 that to gather the declared thing in article twenty-nine lines two of the Universal Declaration of the Human rights, in the referred thing to that in the exercise of rights and the benefit of liberties, all person is subject to the limitations established by the Law, with the purpose of assuring the recognition and respect to the rights and liberties of the others, and to satisfy the right exigencies with the moral, the public order and of the general well-being. That the defendant intentionally maintain an opposite conduct to the settled down norms, looking for confrontation with the force of the internal procedure and with the population, that lives as parasitic on the society and has made of his act contrarrevolucionario their means of life, when building paid by the empire, since no has I tie labor, and their necessities cover them with the money that receive from the United States. That FELIPE values itself in the case of defendant MUSTAFA and SILVA GUAL, who lost their labor bond by violations of the discipline, when absenting itself in form reiterated to his position of work and in the case of the last one she did not exert his profession with the ethics and the humanismo that is required, to the being applied disciplinary measures to him by I mistreat patients. As far as the defendant ALEXIS RODRIGUEZ FERNANDEZ, its condition of generic reincidente to the being executorily sanctioned by a crime of species considers different from which is judged, in agreement establishes the article fifty and five sections one, three, interjection c) of the substantive Law and in attention to repudio that the acts committed by the defendant cause in the town, in circumstances in which the administration of the United States, hoists different concepts to eliminate the sovereignty of the States and to execute violent actions; and in merit of all exposed the Cuban Penal Right, it has the obligation to protect to the society, the people, to the social, economic order and political effective in the country, everything which this totally protected in the Constitution of the Republic, and being mandate of the town that such punitive facts are reprimanded of severe form and in agreement with the caused danger, is what justifies the pain to impose each defendant.
WE FAILED: JOSE sanctions itself to the defendant DANIEL FERRER GARCIA JESUS MUSTAFA FELIPE, ALEXIS RODRIGUEZ FERNANDEZ, SERIOUS LEONEL DE PERALTA ALMENARES and RICARDO ENRIQUE SILVA GUAL, like authors of a crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY Of the STATE, To TWENTY-FIVE YEARS OF DEPRIVATION OF FREEDOM for JOSE DANIEL FERRER GARCIA and JESUS MUSTAFA FELIPE; TWENTY YEARS OF DEPRIVATION OF FREEDOM for LEONEL HE BURDENS DE PERALTA ALMENARES; FIFTEEN YEARS OF DEPRIVATION OF FREEDOM for ALEXIS RODRiGUEZ FERNANDEZ and TEN YEARS OF DEPRIVATION OF FREEDOM for RICARDO ENRIQUE SILVA GUAL, sanctions that will fulfill in the Penitentiary Establishment that the Department of the Interior designates, with the accessories established in the articles thirty and seven and forty and three, interjections one and three, letter a) and b) of the Penal, consistent Code first in the Deprivation of Rights, that the loss of the right to the active and passive suffrage includes/understands, as well as of the right to hold position of direction in the organs corresponding to the political-administrative activity of the State, in state economic units and organizations of social masses and, by equal term to the one of it imposed penalties; and second consisting of EI Comiso, which it consists of stripping to sanctioned of the goods or the objects that served or were lengthy to be used for Ia originating perpetration indirectly as the crime and the direct one or as such as such, as well as those of use, tenécia or illicit commerce that IE had been occupied.
As far as the measures you will prevent of provisional prison imposed the defendant stay, and one arranges that when doing the liquidation of sanction, serves as installment to the fulfillment of same the time undergone by preventive.
As far as Ios goods occupied to the defendant JOSE DANIEL FERRER GARCIA one has comiso all Literature and documents and their destruction by means of métoda of incineration. Comiso is had a nímero ticket ten USD of nine series BL three nine six nine four one eight A; a ticket of twenty USD, with serial number five AK three two four six zero nine nine B; another ticket of twenty USD, with serial number five AG three three six two four nine three H of the sum of thousand three hundred eighty and five pesos that IE went, must have left the free disposition of the National Bank of Cuba. Comass a video marks Panasonic, with the serial number FOLLOWS eight zero four one nine, with its remote control; of nine casetes of videos, cable of connection, four tapes of printing mark Epson, two cameras, marks Canon, with the serial number six NS thirty and nine ray one zero one one zero zero two ray and the other with the serial number six nine three four one eight zero; a lantern, marks Gameleón in good technical state, six compact discs; fifteen diskettes of computers; battery shipper marks Digitalis, a computer addition (microphone); computer addition (transforming mark two Canon K three zero one zero and its connection): treces rolls of cameras (ten black and ten photographic target, three rolls outside case; a transformer of radio and headsets; forty and four casetes with box; seventeen casetes without box; an empty case casete; typewriter Robotron mark; Citizen reproducer in badly been with serial number five zero seven zero one seven one zero; they are given to the Popular Power of Santiago of Cuba; doces pomos with medicines; two nylon bags the one with tablet of green color and other with white tablets has its destruction by means of the method incineration.
As far as Ios goods occupied to the defendant JESUS MUSTAFA FELIPE, one has comiso all Literature and documents, and their destruction by means of the incineration method; comiso of Ios five casetes of audio, Ios magnetic supports; receiving radio Tecsun mark model R nine seven zero one with serial number zero nine three two zero zero two zero nine one zero five seven seven; typewriter mark VEB, model ten, without serial number and of the camera mark KODAC with a lens of thirty to sixty millimeters, those that are left to the free disposition of the Popular Power in Santiago of Cuba. With respect to the given house to Mercedes Elías Rivera in 15 quality of deposit is arranged to lapse the relative thing to the same one and not to make uprising some not be considered originating.
As far as the goods occupied to the defendant ALEXIS RODRIGUEZ FERNANDEZ one has comiso all Literature and documents, and their destruction by means of the incineration method. EI comiso of a telephone marks Casio; a transformer of telephone current: a portable radius Tecsun mark, with serial number OAM two zero zero one one zero two three two four one; a shipper of batteries of one comma thirty and five volts marks Sakar; casete is transparent Maxell mark with its box; casete of Sony mark; a box of diskettes marks Maxell; two diskettes, one blue and labeled other with red; sixteen casetes of video of the VHS type; an electronic agenda Radioshack mark; a camera mark Jazz lines five zero six with lens of thirty and five millimeters; two tapes of use printer mark Epson. LQ thousands; six to pulóver new of white color and three thousands of leaves, two surrounded in periodic paper and the surrounded other in on yellow color, free disposition of the Popular Power of Santiago of Cuba has left.
As far as Ios goods occupied to SERIOUS defendant LEONEL DE PERALTA ALMENARES has comiso all Literature and documents, and their destruction by means of the incineration method. EI comiso of a receiving radius Tecsun mark model R nine seven zero one, with serial number OAM two zero zero one one zero two three five eight six with headsets and shipper of battery free disposition of the Popular Power of Santiago marks Digitalis, have left of
Cuba.
As far as the goods occupied to the defendant RICARDO ENRIQUE SILVA GUAL one has comiso of all Literature and documents, as well as medicines and their destruction by means of the incineration method. EI comiso of a receiving radius Tecsun mark model R nine seven zero one with serial number OAM two zero zero one one zero two three six two eight; a portable recorder Sony mark, without battery; a Panasonic telephone model number Kx- TC thousands, two cables, accessories of the Fax Panasonic; a Fax Panasonic Kx-fp eighty and five; three casetes. a camcorder marks JVC, model Gr-sxm number twenty-four zero U, series seventeen number one hundred R two eight zero five, with its case, a shipper of JVC and another one of Duracell; a transformer with its cable JVC; two casetes of camcorder marks Fuji, with its cases; a new Fax tape in its case; three Fax tape of use with five rollers; a box of Sebectum fastener, is left to the free disposition of the Popular Power in Santiago of Cuba. Comass a bill of five pesos national coin and one freely convertible currency of ten cents, and is left the free disposition of the National Bank of Cuba.
That the documents that build united to the expendiente of investigation comprise of the cause like conviction pieces.
16
Notifiquese this Resolution to the centers that come against this Sentencia can interpose Resource of Abrogation stops before the Room of the Crimes Against the Security of the State of the Popular Supreme Court within the term of THREE WORKING DAYS, to apartir of the notification to the part that establishes it.
ASI BY THIS OUR SENTENCE, WE PRONOUNCED IT, WE COMMANDED And WE SIGNED