Sentencing Documents

FIRST BEING: Proven which, the defendant JULIO ANTONIO VALDES GUEVARA, known by YUYO, of fifty and years of age and other generals before briefed in year thousands nine hundred ninety and four integrated itself to grupúsculo contrarrevolucionario made up of around ten people and who are in the city of Manzamllo, Granma Province.

SECTION A: Proven that, the defendant like person in charge within grupúsculo, of the self-appointed Independent Library, it accumulated, books, magazines and pamphlets of editions and been contrarrevolucionarios authors abroad, mainly of Miami, State of Florida, the United States of America, that exhorts to the civil disobedience, distorts the historical events and the performance of personalities and I illustrate thinkers and patriotic revolutionaries, with vindication towards the market economy and to the liberation of the regulating function of the State on the economic activity of the country, with noticeable political interest of subvertir ideologically to the reader, with the clear intention, of by means of the confusion, adding people to the counterrevolution and to cause the destruction of political, economic and social the order existing in Cuba, that is defended by the immense and overwhelming majority of its town; bibliography that it disclosed between the members of his group and other people, occupying him to it in registry conducted in its address in date nineteen of March of two thousands the three, the units of this library; consisting of: thirty and two pamphlets on the letter of the human rights; manual on Security and a Hygiene of the Work; a bulletin of the Cuban committee pro human rights in Spain; three named Letters of Cuba, published magazines in Puerto Rico; two units of the Vitral magazine; folletín with photocopies of the news of the TIME newspaper of the United States; eight units of Dissident magazine EI; two units with information of the Diocese of the Rescuing Santísimo; thirteen unit of pamphlet CUBANET published in the United States; a bulletin of the foundation published in Spain; a unit of the magazine Spaces; two units of folletín By Cuba published in the United States; two units of folletín Forge, published in the United States; a bulletin Arena published in the United States; photocopy on Cuban exile in Miami; photocopies of the Christian Movement of Liberation; folletín on Participativa Democracy; two units of the Classic text book, published in Dominican; two units of Secret the Martí book, published in New York; a unit of the Martí book in its own words; two units of the Dengue book, published in the United States; five magazines Hispanic Cuban, published in Spain; folletín twenty-four of February; a unit of the book Jose Martí the invention of Cuba, published in Spain; two units of the book the repressive Machinery of Cuba, published in the United States one in Spanish and another one in Ingles; a unit of the book the Conquest of the Nature and the Environmental legacy of the Socialism in Cuba, published in Mexico; a unit of the book Letters from Burma, published in Spain; a unit of the magazine Encounter, published in Spain; a unit of the book Looking for an Economic Model in Latin America, published in the United States; folletín on the Letter of the Fundamental Duties of the Cubans; two units on declarations of Geroge W. Busch on policy towards Cuba; two pamphlets on the political realism of Christian; three newspaper units without censorship published in the United States, unit Cuba a newspaper Free Press, published in Miami; a unit of the pamphlet on: independent sociocconómica information; copy of an article of the Miami Herald, published in the United States; paskin on the freedom published by the Christian movement of liberation: paskin on censorship to the collaborators; capias of several pronounced speeches even different people,en the delivery of awards Sajarov to Osvaldo Paya Sardines.

SECTION B: Proven that, from their incorporation to the contrarrevolucionario group in year thousands nine hundred ninety and four, the defendant JULIO ANTONIO VALDES GUEVARA have been dedicated to spread the false news, inexact, intentionally manipulated that distort the Cuban reality, sending them directly and through self-appointed people independent journalists to the emitting radio ironically call "Radio Marti '" who trasmite from Miami, State of Florida, the United States, which has made of set with its wife CRUZ DELIA AGUILAR MOOR, ROBERTO MARTINEZ SCALLION and other members of the group which are not judged by these facts, with the clear intention to confuse the people who listen to the transmitter so that they distorsionadamente receive events, or done false and to generate irritation, displeasure, opposition to the economic, political and social system created and that are sustained with the popular support to obtain their destruction thus,

SECTION C: Proven which, the defendant JULIO ANTONIO VALDES GUEVARA in the month of February of the present year two thousand three along with other two members of his grupúsculo, personó in the Office of Interests of the United States of America, been in city of Havana, Cuba, giving itself to civil employees of this office documents that contained information on supposed retaliation against members of their group and other denunciations on presumed violations of the Human rights in Cuba, receiving the blame their request, books and pamphlets of subversive character that added to their library, as well as a radius mobile receiver, with capacity to recepcionar with high fidelity emitting foreigners. Also day three of March also of present three year two thousands the defendant next to other contrarrevolucionarias people received the visit of the second representative and the one in charge of economic subjects of the Office of Interests of the United States of America, carrying out a meeting to doors opened in the address located in the Loynaz street number one hundred twenty-seven between Martí and Jose Miguel Go'mez, Manzanillo, Granma, where the citizen resides Tania of Torre Montesino, and in which she informed to these civil employees, presumed violations of the human rights, referred among others, to its even halting the Police, by to have participated

in a public disorder in the city of Manzanillo, receiving praises of the referred civil employees by its activity and stimuli to continue making its illegal acts to destroy economic, political and social the system effective in Cuba.

That to make its activities contrarrevolucionaria, before described grupúsculo has received material benefits like member of his, mainly ample variety of medicines and three radios mobile receivers, occupying to it him in the registry carried out in its address in date nineteen of March of year two thousands three; a radius marks TECSON in good technical state, with two batteries marks Digitalis of 1,5 volt; a radius marks KAIWA, in good technical state, with two batteries marks Digitalis of 1,5 volt, with a black lining; a radius marks SILVER, without batteries and that it needs the cover of the deposit of the batteries; a shipper of batteries marks Digitalis; an electrical transformer of black color without mark, with its cable; an antenna for radio with its cable black color; two pairs of portable headsets with its connections and cables; a box of drops NOV ASPIRIN with a sealed bottle and its gotero; a bottle of nasal drops marks NASAL SPRAY; two bottles of capsules KIR LAUN mark ASPIRIN, one sealed and another opening to US and in use; two cream tubes of Hidrocortisona; two bottle of IBUCROFEA, one sealed and another one in use; two vitamin bottles C in use; a calcium bottle marks CALCIUN in use; a bottle of capsules DAILY MULTI in use; a bottle of vitamin and in use; two aspirin bottles in use; a bottle of tablets already marks CHILDRENS with several types of capsules in use; a bottle of tablets marks B-50; a bottle of tablets marks ONE DAY MULTIS in use, a bottle of tablets marks to ALERGI MEDICINE; two bottles of tablets mark BETA CAROTENE, one sealed and one in use; two bottles of fó1ico acid tablets (FOLIC ACID) in use; a bottle of tablets marks STOOL SOFTENER in use; a cream bottle marks ANTI DIARRHEAL with nine complete cases and one in use; a syrup bottle marks to sealed IBUPROFEN and a thread package of surgical suture.

That in addition in the conducted registry the nineteen to March of two thousands the three took care to the defendant registry to him of inscription of CRUZ DELJA AGUILAR MOOR like president of the group Golfo of the Guacanayabo before the association of independent economists; an almanac with logotipo of the independent libraries in Cuba; Several documents referred to the denominated Project Varela, including listings of companies; two notebooks mark Caribbean TRD, one with listing of medicine distribution and one in target; a notebook marks Caribbean TRD, that contains other papers written by hand with names, directions and number of identity meat of several people; a libretica like telephone agenda that contains among others the telephone numbers of VIKY RUIZ, ELIZARDO SANCHEZ SANTACRUZ and MARITZA LUGO; three documents of the press of the office of interests of the United States on visa negation; a model in target to promote the civil society in Cuba; documents typed on the project a Hand friend; seven official citation models of the Revolutionary National Police in target; three comprobantes on the medicine shipment to CRUZ DELIA by company/signature CARIBBEAN FAMILY TRVL, been in Miami; thirty documents written by hand or typed with denunciations of supposed violations of the human rights; twenty-two manuscripts on acts of meetings of the group Gulf of the Guacanayabo; eleven documents written by hand on correspondences with people with subjects related to the denunciations; cintillo of the independent library with a listing of deceaseds in tugboat thirteen of March; a magnetic compass with its plastic case green and black color; a typewriter old in good state and its tape; a Cuban Flag of medium size, a wood group to construct a boat prow, a metallic group in prow form, eight aluminum tubas with its ends covered with poliespuma, cassete of audio mark Gaussian of sixty and two minutes and a photographic negative to color.

That to the defendant criminal records do not consist to him, nevertheless has not been making any useful activity socially for several years in spite of being apt fisica and mentally for it, nor no other than of honest form it allows him to satisfy its necessities and those with its family; characterizing itself in addition by an aggressive conduct since it has altered to the order, disturbing the citizen tranquillity and the most elementary norms of social coexistence, by means of contemptuous offenses and gestures against other people, as well as other alterations and manifestations

public of crude form; standing out that although is and it catalogues as a contrarrevolucionario does not manage to behave suitable and respectfully as opposed to the immense majority of the population that defends and loves its Mother country, its Revolution and the Socialism.

SECOND BEING: That the Court considers the justiciables facts proven and forms his conviction in the test results practiced in the act of the oral judgment, in such sense the ample examination of the documentary one contributed by the Office of the public prosecutor, consisting of the civil registry and occupation of fojas eleven of the summary in which the books, magazines are detailed and pamphlets that the defendant, diverse types of medicines, the radius receiving with his additions had, and that are signed by the operating one properly, one of the inhabitants of the house and two eyewitnesses, document very detailed and precise in the conducted battles; the own occupied bibliography that are very suggestive only of its simple examination, and ilustrativas of the character of its content and its intentions; the notebook annexed number one that to the performances that group all the documentation related to acts of meetings of grupúsculo to which the defendant, the uninformed ones belongs made, of denunciations and information that were sent to the subversive transmitter already mentioned that are in Miami, specially, those of folios forty, forty and one, from forty and the three to forty and the five, from forty and the eight to the fifty, fifty and three, fifty and six, fifty and eight, from the sixty to sixty and the four and of sixty and the six to the sixty and eight, very ilustrativas of distortions and falsifications that inquire; as well as the report of conduct of the defendant who in detail refers his behavior; the negative certification of criminal records that were emitted by the Central Registry of Sanctioned and the one that in that sense it emitted the investigator, fulfilling both its requirement formal; shooting in video format, ilustrativo of the visit of the civil employees of the Office of Interests of the United States from America to Granma, of the halting of the defendant and the registry carried out in its address, Also pertaining to a witness practiced, the referring one, to the examination of the Yordanis witness Fonseca Leon who with all precision detailed his direct knowledge on the recibimiento that offered the representatives of the Office of Interests of the United States of America, in which the defendant, the deposition of the witnesses Edgardo Arrebola Bring participated, Modesto Rosabal Alarcón and Blaza Belkis Sanchez Arevich, neighbors of the encartado one, who narrated the present aggressiveness in conduct of the defendant, repudio that this one cause in the members of the community of neighbors, his to act irrespetuoso towards the agents of the Public Order, and the testimony of Luis Alberto Rodriguez

Castle, one of the witnesses who participated in the conducted registry, which I corroborate all the occupied one. The expert opinion that builds to folio thirty and four and thirty and thirty and five of the investigativo file, in which ample and in detail it explains the subversive character of books, magazines and pamphlets occupied, according to a deep analysis of his content and format and that was emitted by known and prestigious specialists in the art of the expert Manuel Lauredo Roman; the contentiva documentation of the expert work made on the characteristics and occupied receiving the three technical aspects of radio, that fulfills the requirements formal and that were emitted by a specialist of several years of experience, engineer in communications; the expert ruling issued by the specialist in documentología, with many years of experience in the activity, that presented/displayed its report before the Court in the act of the oral judgment with much precision, on the use of the machine of, to write mechanical occupied in the house of the defendant in the document elaboration of grupúsculo.

THIRD BEING: That the Fiscal Ministry maintained and elevated to definitive at its opportune procedural moment, its obrantes provisional conclusions to fojas from the three to the seven of the roll,

QUARTER BEING: That the lawyer of the defense maintained and elevated to definitive at her opportune procedural moment her provisional conclusions that seventeen and eighteen of the cause at their opportune procedural moment conform folios.

FIRST CONSIDERING: That the proven facts integrate three Crimes against National Independence and the Economy of Cuba, anticipated first in I articulate six,

section one three, interjections a) and b) since in agreement appears in the facts to the defendant was occupied him ample bibliographical material of subversive character that it had in his power, second anticipated and sanctioned in I articulate seven section one and three, because it was proven that he is a permanent collaborator with a foreign transmitter that illegally invades the radioelectronic space of the country and that it has like objective ideologically to attack the Cuban town; and another sanctioned anticipating and in I articulate four section one and two interjections a) and b) then in agreement the defendant is stated provided to civil employees and representatives of the Government of the United States of America information, activities in which always participated with the aid of several people and by that systematically he received material resources as they are medicines and electronic equipment, and in order to facilitate the objectives of the Law Helms Burton, the blockade and the economic war, to break the internal order, to destabilize the country and to eliminate the Socialist State, all these crimes anticipated in Law eighty and eight "Of Protection of National independence and the Economy of Cuba ",

SECOND CONSIDERING: That the defendant is responsible penal for the three crimes described in the previous one considering, for author as settles down it I articulate eighteen two section one and interjection a) of the Penal Code, by to have executed the facts in case

same.

THIRD CONSIDERING: That in the commission of the crimes the aggravating one does not concur that imputes the Public prosecutor anticipated in three article fifty and interjection n) of the Penal Code, because the official warning to that it talks about east interjection must be made by means of act in that consists the causes that determine it, which on the matter it express the warned one and it closes under the company/signature of this one and the operating one, in agreement seventy and five of section two of the own referred Law establish article; formalities that are not appraised when not appearing like documentary evidence any act where consist official warning to the defendant; as ch) of the Penal Code alleged by the defense is not appraised either extenuating predicted in two article fifty and interjection, the defendant limited itself, to only recognize the imputations that were formulated to him, his confession was not spontaneous as he is demanded in the own norm, that he estimates ignorance of authorities corresponding, that must inquire into their participation, indeed by the own defendant, whom he requires therefore of the initiative of the encartado one, which has not happened in this case; also any other extenuating or aggravating circumstance does not concur.

QUARTER CONSIDERING: That he is not indispensable to the defendant civil responsibility by his participation in the proven facts.

FIFTH CONSIDERING: That to adapt the measurement of the sanction to impose, in agreement the established thing in articles twenty-seven and forty and seven of the Penal Code, this Court considers that acting of the defendant of is elevated social danger, because putting itself in fact, to the service of foreign the power, most powerful and aggressive of history, beside the point enemy of the Cuban Revolution and its town, has persistently attacked the stability social and cooperated intentionally with aggressive and pertinaz enemy propaganda that is sent against the Cuban town and that looks for to obtain the disrepute in the socialist system and the Revolution that maintains it, as well as of his main political leaders and of its military institutions, becoming mercenario when receiving material benefits of this power by its illegal activities and to be in permanent disposition to fulfill its orders directed to destroy the economic, political and social order established in the country; behavior that firmly is repudiado by the members of the community where resides and of the immense majority of the town. The present circumstances of the international relations in which an aggressiveness is pronounced every greater time of the referred superpower and a weakening of the mechanisms of the Community the International to guarantee the world order, La Paz and the equality of all the States, as well as a well-known increase of the injerencista activity in our country, specially of the civil employees of the Office of Interests of the United States of America in Havana, accentuates the danger of activities like which it has made the defendant, who characterizes itself in addition by an aggressive conduct and irrespetuosa in the social order and in spite of not consisting criminal records to him he is deserving ofa severe sanction.

SIXTH CONSIDERING: That necessarily it is had to strip to the defendant of the goods and objects that were used for the commission of the crime or were destined to those effects as establishes I articulate forty and three, separated one and two from the Penal Code, because by its nature evidence that these constituted an essential aid to the criminal for the commission of the illicit described penitentiaries; as well as other nontie goods to the judged facts, in which it turns out originating to arrange his confiscación in accordance with the established thing in I articulate forty and four ordinal one and two of the own Law before briefed, because it is evident that they bear relation to criminal acting of the defendant.

WE FAILED: That we must sanction and we sanctioned to the defendant JULIO ANTONIO VALDES GUEVARA like author of the crimes anticipated in four article two section one and interjection a), to Fifteen years of freedom deprivation, by the crime anticipated in article six, separated one and three interjections a) and b), to Seven years of freedom deprivation and by the crime anticipated in article seven, separated one and three, Five years of freedom deprivation, and is dominated to him like joint and unique sanction to fulfill the one of TWENTY YEARS OF FREEDOM DEPRIVATION; sanction that it will extinguish in the penitentiary center that determines the Department of the Interior conforms the established thing in the corresponding regulations. The accessory sanction of deprivation of rights anticipated in seven prevails to him article thirty and section one and two of the Penal, consisting of Code 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.

Also as accessory sanction has comiso the goods and occupied, consisting of objects a box of drops NOV ASPIRIN with a sealed bottle and its gotero; a bottle of nasal drops marks NASAL SPRAY; two bottles of capsules KIR LAUN mark ASPIRIN, one sealed and another opening to US and in use; two cream tubas of Hidrocortisona; two bottle of IBUCROFEA, one sealed and another one in use; two vitamin bottles C in use; a calcium bottle marks CALCIUN in use; a bottle of capsules DAI L and MULTI in use; a bottle of vitamin and in use; two aspirin bottles in use; a bottle of tablets already marks CHILDRENS with several types of capsules in use; a bottle of tablets marks B-50; a bottle of tablets marks ONE DAY MULTIS in use, a bottle of tablets marks to ALERGI MEDICINE; two bottles of tablets mark BETA CAROTENE, one sealed and one in use; two bottles of fólico acid tablets (FOLIC ACID) in use; a bottle of tablets marks STOOL SOFTENER in use; a cream bottle marks ANTI DIARRHEAL with nine complete cases and one in use; a syrup bottle marks sealed IBUPROFEN; a thread package of surgical suture; thirty and two pamphlets on the letter of the human rights; manual on Security and a Hygiene of the Work; a bulletin of the Cuban committee pro human rights in Spain; three named Letters of Cuba, published magazines in Puerto Rico; two units of the Vitral magazine; folletín with photocopies of the news of the TIME newspaper of the United States; eight units of the magazine the Dissident; two units with information of the Diocese of the Rescuing Santísimo; thirteen unit of pamphlet CUBANET published in the United States; a bulletin of the foundation published in Spain; a unit of the magazine Spaces; two units of folletín By Cuba published in the United States; two units of folletín Forge, published in the United States; a bulletin Arena published in the United States; Photocopy on Cuban exile in Miami; photocopies of the Christian Movement of Liberation; folletín on Participativa Democracy; two units of the Classic text book, published in Dominican; two units of Secret the Martí book, published in New York; a unit of the Martí book in its own words; two units of the Dengue book, published in the United States; five magazines Hispanic Cuban, published in Spain; folletín twenty-four of February; a unit of the book Jose Martí the invention of Cuba, published in Spain; two units of the book the repressive Machinery of Cuba, published in the United States one in Spanish and another one in Ingles; a unit of the book the Conquest of the Nature and the Environmental legacy of the Socialism in Cuba, published in Mexico; a unit of the book Letters from Burma, published in Spain; a unit of the magazine Encounter, published in Spain; a unit of the book Looking for an Economic Model in Latin America, published in the United States; folletín on the Letter of the Fundamental Duties of the Cubans; two units on declarations of Geroge W. Busch on policy towards Cuba; two pamphlets on the political realism of Christian; three newspaper units without censorship published in the United States, unit Cuba a newspaper Free Press, published in Miami; a unit of the pamphlet on independent socioeconomic information; registry of inscription of CRUZ DELIA AGUILAR MOOR like president of the group Golfo of the Guacanayabo before the association of independent economists; an almanac with logotipo of the independent libraries in Cuba; several documents referred to the denominated Project Varela, including listings of companies; two notebooks mark Caribbean TRD, one with listing of medicine distribution and one in target; a notebook marks Caribbean TRD, that contains other papers written by hand with names, directions and number of identity meat of several people; a libretica like telephone agenda that contains among others the telephone numbers of VIKY RUJZ, ELIZARDO SANCHEZ SANTA CRUZ and MARITZA LUGO; three documents of the press of the office of interests of the United States on visa negation; a model in target to promote the civil society in Cuba; documents typed on the project a Hand friend; seven official citation models of the Revolutionary National Police in target; three comprobantes on the medicine shipment to CRUZ DELIA by company/signature CARIBBEAN FAMILY TRVL, been in Miami; a comprobante on the medicine shipment to CRUZ DELIA of company/signature CFTS, been in Miami; a comprobante on the medicine shipment to CRUZ DELIA of INC. company/signature V ACUBA, been in Miami; several written by hand documents, autobiography and endorsement of Roberto

Martinez Scallion, like member of the group; thirty written by hand documents or

typed with denunciations of supposed violations of the human rights; twenty-two manuscripts on acts of meetings of the group Gulf of the Guacanayabo; eleven documents written by hand on correspondences with people with subjects related to the denunciations; cintillo of the independent library with a listing of deceaseds in tugboat thirteen of March; copy of an article of the Miami Herald, published in the United States; paskin on the freedom published by the Christian movement of liberation; paskin on censorship to the collaborators; copies of several speeches pronounced by different people in the delivery from the Sajarov prize from Osvaldo For Sardiñas; a radius marks TECSON in good technical state with two batteries marks digitalis of the 1,5 volt; a radius marks KAIW, in good technical state with two batteries marks digitalis of 1,5 volt, with a black lining; a radius marks SILVER, without batteries and lacks the cover of the deposit of the batteries;a shipper of batteries marks digitalis; an electrical transformer of black color without mark, with its cable; an antenna for radio with its cable black color; two pairs of portable headsets with its connections and cables.

The confiscación is had a wood group to construct boat prow; a metallic group in prow form; eight aluminum tubas with its ends covered with poliespuma; cassete of audio mark GAUSSIAN of 62 minutes; a photographic negative to color; a magnetic compass with its plastic case green and black color and a typewriter

old in good state and its tape.

One arranges that on the photographic negative, cassete of audio, medicines, books, magazines, pamphlets and the rest of documents it procédase to his destruction by means of incineration to lack utility; on the three radio receiving with its batteries, the shipper, the transformer and its cable, the antenna with its cable and its case and the headsets has its delivery to the Headquarters of the Inner Ministry of Granma so that they are conserved like material test of the injerencista activity, of the United Government of the State of America against the Republic Cuba; the typewriter entréguese to the Basic Unit of Services of Manzanillo; the magnetic compass with its case entréguese to Gcocuba de Granma; the wood group and metallic and the previous aluminum tubes its disarmament to give to the Company Provincial de Prime Materias of Granma for its advantage.

As far as the Cuban Flag of medium size, its definitive delivery is had to the Municipal Direction of Education of Manzanillo so that him the use that really deserves our national standard.

As far as the measurement to prevent of provisional prison is ratified until as much begins the sanctioned one to fulfill the sanction main.

Sign this sentence, remítase copy of the same one, to the centers that come.

Notifíquese the present resolution to the defendant and the Public prosecutor, doing to know to him that in case of inconformidad it will be able to establish Resource of Abrogation stops 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 one of its notification to the part that establishes it.

Source:www.ruleoflawandcuba.fsu.edu