PROVINCIAL POPULAR COURT  
CITY OF HAVANA
FIRST CRIMINAL COURT ACTING
FOR THE CRIMES AGAINST THE SECURITY OF THE STATE
JUDGMENT NUMBER: TEN OF TWO THOUSANDS AND THREE (10/2003)

PRESIDENT:                                                               In the City of Havana on the fifth day of the
MIRIAM SILVA DE LA CRUZ                                  month of April of the year two thousand and
                                                                                    three. ---------------------------------------------
                                                                                    PROCEEDINGS in oral, public and
JUDGES:                                                                     Court acting for the Court of the Crimes
                                                                                    Against the Security of the State of the
GLADIS MARIA PADRÓN CANALS                      Popular Provincial Court of the City of
IGNACIO LLOMPART MARTOS                            Havana, Case   number thirteen of the year
GILBERTO FORTES BARBERENA                         2003, followed for the crime of ACTS
ROBERTO DE ZAYAS ADAN                                  AGAINST the INDEPENDENCE and the
                                                                                    TERRITORIAL INTEGRITY of the
                                                                                    STATE in which appear as defendants:
PEDRO PABLO ALVAREZ RAMOS, the son of Carlos and Raquel, fifty-five years of age, a native of Havana, province of the City of Havana, married, unemployed, and a resident of Calle Salvador Allende number eight hundred and nine, apartment ten, between Plasencia and Retiro, municipality of Centro Habana, City of Havana, represented by the designated defense counsel attorney Amelia Rodriguez Cela, and in pre-trial detention for this charge.

CARMELO AGUSTÍN DIAZ FERNANDEZ, the son of Carmelo and Enoelia, sixty-five years of age, a native of Guantánamo, province of Guantánamo, single, unemployed, and a resident of  Calle Neptuno number three hundred and three, apartment seventeen, between Galiano and Aguila, municipality of Centro Habana, province of City of Havana, represented by the designated defense counsel attorney Jorge R. Betancourt Ortega, and in pre-trial detention for this charge.

ACTING AS PROSECUTOR: ATTORNEY DIMAS HERRERA GANDOL.

 BEING THE PRESIDING JUDGE:  ATTORNEY GLADIS MARIA PADRON CANALS.

 FIRST ULTIMATE FACT:  Proven that for some years the defendants PEDRO PABLO ALVAREZ RAMOS and CARMELO AGUSTÍN DIAZ FERNANDEZ have held a position contrary to the Cuban revolutionary process, conducting activities that little by little place the independence and sovereignty of Cuba in danger, aided for the accomplishment of the aforementioned activities by the financing that the government of the United States of America offers them, financially as well as material through different organizations in opposition to the Government and the Cuban State.

For the execution of the aforementioned activities the defendant PEDRO PABLO ALVAREZ RAMOS, from the year one thousand nine hundred and ninety joined the counter-revolutionary organization Harmony Movement. In the year one thousand nine hundred and ninety-one he joined the now extinct General Union of Workers of Cuba and in February of one thousand nine hundred and ninety-four he became a member of the Labor Union of Cuba for the purpose of supposedly defending the interests of the Cuban workers.

On June twenty of the year one thousand nine hundred and ninety-five the counter-revolutionary micro-group Unitary Council of Cuban Workers was created, and being designated as its President the defendant PEDRO PABLO ALVAREZ RAMOS,  and the defendant CARMELO AGUSTÍN DIAZ FERNANDEZ  as Secretary of Religious Matters and Dissemination, council that through the defendants has established relations with groups and organizations who have been against the Cuban Revolution,  among them the Latin American Central of Workers, directed by Eduardo Garcia Moure,  well-known opponent to the Cuban cause, and an agent for the Central Intelligence Agency of the United States of America for several years, World Confederation of Workers, the organization Solidarity of Cuban Workers, and the National Movement of Workers, the last two located in Venezuela, with the General Confederation of Workers of Venezuela directed by Carlos Ortega, who is a fugitive of the Venezuelan authorities, a great opponent to the Cuban government and the government of Hugo Chávez, protagonist of the coup d'etat in Venezuela, and leader of the strike at Petroleos de Venezuela, organizations that advocate the international isolation of Cuba and the Cuban labor union movement, in order to give the impression to the world that in Cuba exists an extensive and powerful independent labor union movement.

In order to carry out their intentions, and obtain good results,  they have established close links with officials at the Interests Section of North America in Havana, Cuba, among whom are the previous chief of the USINT[1], Vicky Huddleston and the present chief James Cason, participating in different activities that take place at the SINA installations, and at the private residences of these gentlemen, prepared by them to help the counter-revolutionary micro-groups that have their headquarters within the Cuban territory, among them the Unitary Council of Cuban Workers, of which, as indicated previously, the defendants are members, and thus the relation of the defendant ALVAREZ RAMOS with this section that offers endorsement to the potential refugees from this organization. The defendants ALVAREZ RAMOS and DIAZ FERNANDEZ also maintain close links with officials and counter-revolutionary organizations located in the city of Miami, in the United States of America, among  which are the Support Group of the Dissidence, directed by the famous opponent to the Cuban revolutionary process  Francisco Hernandez Trujillo, known as Frank, who, since the Nineties has been a member of diverse groups in the United States of America which have had as their objective to subvert the Cuban internal order, group that receives direct financing from the government of the United States, and from other opposition organizations,  to fortify the subversive work in Cuba, through people like the defendants.

During the execution of his illegal activity the defendant ALVAREZ RAMOS has written different articles and letters directed to these opposition groups about presumed violations of the fundamental principles and rights of the Cuban workers, and to demonstrate their endorsement and support to different counter-revolutionary activities carried out in other places, among these
[1] N.T. SINA in the original in Spanish for Seccion de Intereses de Norte America

documents we can mention letters to the Central Workers Union of Venezuela, in one of these he states in one of its paragraphs that “Venezuela does not deserve to be enslaved as Cuba has been, for forty-four years  we Cubans have suffered  the most cruel and dogmatic dictatorship in all of the American continent...”: reports to the International Workers Organization,  calls to the Chiefs of Government and of State of Latin America falsifying the truth about Cuba’s reality, offending the leaders of the revolution, and seeking  the international isolation of Cuba, with the sole intention of changing the prevailing political regime in the Republic of Cuba, according to the interests of the United States of America.

The defendant DIAZ FERNANDEZ, self-proclaimed President of the Cuban Independent Labor Union News Agency, has also written different articles in which he has tried to falsify the truth about what really happens in Cuba, in which he supports decisions by the United States of America,  as for example  the economic blockade. One of his articles is titled, “Yes to the Embargo” and in its last two lines he states, “from this shore we will remain firm and continue fighting until the present communist regime has been expelled from Cuba,” he is also  the permanent correspondent to the magazine Challenges, that is published in Venezuela in which he has published writings distorting the Cuban reality according to the interests of Yankee imperialism, as has been mentioned before,  he has written other articles in the magazines New Cuban Press, Letters from Cuba, in the radio station Radio Martí, he has made congratulatory speeches for its seventeenth anniversary; on the other hand, he has links with the press agency Cubanet, which  is financed by the Agency for International Development of the United States (USAID),  has received short-wave radio receivers, and office supplies from officials  at the USINT, which were distributed to different people, complying with the subversive objectives of the North American state.

For the operation of the organizations of which the defendant are members, they have received large sums of money, material goods, subversive literature from the different groups they maintain contacts with, and the defendant ALVAREZ RAMOS as representative of the Unitary Council of Cuban Workers,  has solicited financing from the United States, sheltered by theAct of Cuban Solidarity, Two thousand one. Project of law Helms-Lieberman, created in order to destroy the Cuban Revolution in a term of four years with an allocation of one hundred million dollars,  by means of a declaration dated June two thousand one, and which in its last paragraph it is stated that... “it is our duty to express how infinitely thankful we would be if in any measure  or proportion that we are supported and be given supportive assistance through any humanitarian, charitable, or labor institution , never directly from governments, since this would feed even more the official propaganda of the Cuban government.

The aforementioned organizations Unitary Council of Cuban Workers and the Independent Union News Agency of Cuba, lack the corresponding authorization of the Direction of Associations of the Ministry of Justice. With the same aim of destruction towards the socio-political regime prevailing in Cuba, the defendant created the library Emilio Maspero,  containing subversive and counter-revolutionary literature that was provided by the government, (sic) and groups in opposition to the Cuban Revolution, they also created a Web site for the publication of their counter-revolutionary postulates, which could be visited by people from different parts of the world.

Due to the activities previously exposed that were carried out by the defendants ALVAREZ RAMOS and DIAZ FERNANDEZ,  it was decided by the authorities to arrest them, therefore,  on March eighteen of the year two thousand  three, at approximately six in the  afternoon, a search was conducted at the residence of ALVAREZ RAMOS, located at Calle Salvador Allende number eight hundred and nine, apartment ten, between Plasencia and Retiro, Centro Habana, City of Havana, resulting in the confiscation of a large number of documents, books, magazines, annotations, notes, correspondence, photos, invitations, stickers, propaganda, with a counter-revolutionary content; flags of the United States of America, eleven small TECSUN radios with its accessories, a mid-size SONY radio, a GRUNDIG radio, two battery chargers, seven portable SAKAR battery chargers, eleven antennas, five MAXELL micro cassettes with their cases, ten audio cassettes with six boxes, a video eight cassette, six round seals with the label Solidar Nose (sic), a typewriter  and a cardboard with the logo for the library “Emilio Máspero”. That same day, March eighteenth, at eight fifteen at night a search was conducted at the residence of the sister of the defendant ALVAREZ RAMOS, citizen Barbara Hernandez Ramos located at Calle Malecon. number four hundred and sixty-one, apartment fourteen, between Perseverancia and Campanario, Centro Habana, City of Havana, in which documents, denunciations, pamphlets, notes, annotations, books, bulletins magazines, agendas, notebooks, all with a subversive content, telephones agendas, three typewriters,  a TECSUN radio, a SONY video player, two rolls of paper, a computer with all its accessories, a fax machine, eleven BETA video cassettes, and twelve music cassettes with their case were confiscated, goods, that together with those confiscated at the residence of ALVAREZ RAMOS were the product of the activities that they were carrying out.  On  March nineteenth of the year two thousands and three, at approximately four in the afternoon a search was conducted at the residence located on Calle Neptuno, number three hundred and seven, apartment seventeen, between Galiano and Aguila Centro Habana, City of Havana, where the defendant DIAZ FERNANDEZ resides, and where the authorities confiscated two mini recorders, a KAIWA radio, four TECSUN radios, five headsets, three electrical transformers, fifteen DIGITALIS rechargeable batteries,  five batteries, and abundant documents, books, correspondence, notes, pamphlets and magazines with a content opposed to the principles of the Cuban Revolution, goods that are used for the illegal activity.

 That the defendant PEDRO PABLO ALVAREZ RAMOS, fifty-five years of age and the other particulars which were documented and we take as reproduced, of an average social, political and moral conduct does not participate in the activities of the mass organizations, has poor relations with his neighbors, belongs to the counter-revolutionary micro-groups, maintains relations with people disaffected to the Cuban revolutionary process, with no criminal record until present.

  That defendant CARMELO AGUSTÍN DIAZ FERNANDEZ, sixty-five years of age, and the other particulars which were documented and we take as reproduced, of an average social, political and moral conduct, does not participate in the activities of the CDR[1], is unemployed and does not have any prior criminal record at present.

 SECOND ULTIMATE FACT: That even though the defendants stated that the objectives they pursued as members of the aforementioned organizations was for the true rights of the Cuban workers to be recognized, and that they never conducted activities against the revolutionary process, nor against the prevailing political regime, the Court to form the conviction of the facts

that are stated as proven, considered the documentary evidence consisting of acts of resolution of entry and registry on pages three to twenty-one of Volume one in which a detailed listing appears of all the goods that were confiscated from the defendant ALVAREZ RAMOS at his residence; act of resolution of entry and registry on pages twenty-nine to thirty-three of Volume one of the search at the residence of the sister of ALVAREZ RAMOS, in which there is a mention of all the confiscated objects which belonged to this defendant; act of resolution of entry and registry on pages one hundred and forty-eight to one hundred and fifty-six of Volume one related to the confiscation that took place at the residence of the defendant  DIAZ FERNANDEZ; illustrative photo charts of the respective confiscations on pages twenty-three to  twenty-eight of Volume one on the goods from ALVAREZ RAMOS, pages thirty-four to thirty-nine of Volume one representing the goods from this defendant that were at the residence of his sister, pages sixty-three and sixty-four of Volume one in which appear photographs of the radios that were confiscated from him, and on pages seventy-six to seventy-eight of Volume one illustrating the DIAZ FERNANDEZ’s possessions; the confiscated documents which appear in Volumes two, three and four of the file of the preparatory phase, as well as expert examinations on writings by the defendant published in different magazines, confiscated magazines,  documentation for the confiscated electronic equipment, certifications of the reception and delivery of money, economic assistance, and food purchases made by the accused, and for themselves; log of visitors to the Emilio Máspero library, corroborating the existence of the said library, video cassettes about the establishment of the library, with images of the Cuban American National Foundation,  which corroborates the links  of the defendants with the opposition groups to the Cuban political regime located in the United States of America; a report of the Unit for Protection to Diplomatic Missions of the Department of the Interior that appear on pages seventy-nine to eighty-two of Volume one, corroborating the relationship  the defendant PEDRO PABLO ALVAREZ RAMOS has with the United States Interest Section, since in the same document it is stated that this defendant visits the place periodically, with this document being ratified by the testimony given during the oral trial by witness Danger Poll Douglas who functions as an official in the Department of Attention to the Population located at the aforementioned Interest Section,  who testified that he saw the two defendants enter the USINT building on a  weekly basis, since they had open passes,  or appeared in a listing that is issued daily,  listing the people that will be allowed to visit the mission that day, passes that appear on pages of the file; certificate issued by the Director of Associations of the Ministry of Justice on pages eighty-four of Volume one in which it is stated that the Unitary Council of Cuban Workers does not appear registered in the Ministry, certification that was ratified by the witness Carmen Arbesun Rodriguez, Director of Associations of the Ministry of Justice, during the act of the oral trial; certification issued by the messenger service agency Cubanacan Express,  which appears on pages  eighty-six to eighty-eight of Volume one in which it is communicated that defendant PEDRO PABLO has received packages via that agency, that fundamentally were medicines and weighed between 4 and 5 kilos, certificate which was also ratified by the witness Carlos Pablo Tejeda Pineda during the oral trial, testifying that both defendants received packages through that channel, which fundamentally were medicines,  and they weighed between four and five kilograms; certificate on pages ninety-four of Volume one in which it is documented that defendant PEDRO PABLO has received packages via DHL, subject about which the witness Andrés Benítez More testified once again that the defendants were customers of that messenger service; certificate on pages ninety-two of Volume one fact that the defendant PEDRO PABLO does not use the service offered by Cubapost; report on pages ninety-four to ninety-seven of Volume one that corroborates the links the defendant PEDRO PABLO has with the ringleader of the Support Group to the Dissidence, Frank Hernandez Trujillo, who expressed that by means of the agency VA CUBA this defendant received two packages coming from the United States containing medicines, and the  sender was Hernandez Trujillo, document that  was endorsed and ratified by the witness Horlirio Cuesta Diaz, general manager of the Cubapack Division in the act of the oral trial,  where it showed the content in this certification, adding that defendant DIAZ FERNANDEZ also had received packages but with a different sender; certification on pages ninety-nine of Volume one in that it is stated that defendant PEDRO PABLO has not received remittances of money through Transcard Agency, although on pages of the file there is a document that states that he has a Tanscard card has to which a deposit of one thousand three hundred dollars was made, money that he already withdrew; documentary evidence which is corroborated by testimony of the witness Jorge Oliver Landa,  that is a lawyer of the Financier Cimex, and express that both defendant have cards. In the case of CARMELO AGUSTIN he has received money, and the sender is the agency CUBANET, and in the case of PEDRO PABLO he gave the same testimony in relation to the agency CUBANET, which disseminates articles written by  Cuban  independent journalists abroad, and is financed with funds that the congress of the United States of America grants for the subversive work against the government of Cuba; certification which appears on pages one hundred and one of Volume one in which it is documented that the defendant ALVAREZ RAMOS has not received money from the agency American Internacional Service S.A.; appearing on pages one hundred and three to one hundred and eighteen of Volume one in which different statements offered by defendant PEDRO PABLO to Radio Martí in one of which he states that “Cuba is a dependent country and will continue being one due to the stubbornness of the government” phrases that reveal the true feelings of the defendant and his true intentions against Cuba; certification on pages one hundred and twenty of Volume one in which it is stated that the defendant PEDRO PABLO has published or has been mentioned in foreign media abroad, making reference to his work in opposition to the interests of the revolution and of Cuba. Certification on pages one hundred and twenty-two of Volume one, issued  by the Office of foreign immigration in which it is stated that the defendant PEDRO PABLO has made two trips, one to Mexico and another one to Venezuela, with a refusal of a visa for exit towards the United States. Statement on pages one hundred and twenty-four to one hundred and thirty of Volume  one, which indicates the national and international calls made by the telephone installed at the house of the mother of the defendant PEDRO PABLO, information that was verified and corroborated with the testimony, in the act of the oral trial, of witness Eligio Caballero, who acts as Director of the Unit of Information and Soft Wear(sic) of the Telecommunications Company of Cuba,  S. A. certifications on pages one hundred and thirty-two to one hundred and thirty-five of Volume one in which it is stated  that the international telephones with which communication was established from the previously analyzed telephone corresponds to Radio Martí, as was corroborated by the  witness Gerardo Gomez Parets, Technical Director of the Office of Security for Computer Science Networks, during the celebration of the oral trial. On pages two hundred and thirty-one to two hundred and thirty-five of Volume one, appears the information related to the defendant DIAZ FERNANDEZ regarding the receipt of packages via different messenger services, which were corroborated by the witnesses who were mentioned before.  Also, an analysis was made of a documentary made by a member of the Training Center of the Department of State Security in which he made statements about the subversive policy of the government of the United States of America, in which he also raised the point of alternative solutions, in which the exposition made by the defendant ALVAREZ RAMOS is demonstrated in one of the letters that received comments regarding the search for financing,  but by means of institutions that did not have any relations with the government, although certainly this financing came from the government. Also analyzed were the conducts of the defendant as complementary investigation in which it is expressed the attitude maintained by the defendants in its respective places of residence, and that appear on pages of Volume one, as well as negative certifications of criminal records. -----

In addition to the documents analyzed, the Court evaluated the testimonies of the witnesses Andres Reyes Meriño, a witness to the search conducted at the residence of the defendant ALVAREZ RAMOS and testified about the confiscations made during the search; also analyzed was the testimony of the witness Agustín Lopez Gomez, an official of the Central Workers Union of Cuba, who testified about the counter-revolutionary character of the organizations located in Venezuela and with which the defendants maintain relations.

On the other hand, the Court considered the expert examination done that appears on pages fifty-eight to sixty-two and from one hundred and eighty-seven to one hundred and ninety of Volume one, on the technical condition of the radio equipment confiscated from the defendants, and which yielded  the following conclusions: that the examined equipment was in good technical condition, that no device or accessory alien to the functioning of said equipment was detected, that these are not commercialized in Cuba, and the most important thing is, that according to the design, they become ideal means for the reception of radio signals from abroad, expert examination that was ratified in all its parts by the expert Justo Esteban Mesa Fernandez, the expert examination appearing on pages sixty-six and sixty-seven of Volume one, from which the following conclusions were reached:  that the writings sent to be analyzed have an identification value and that they were made by defendant PEDRO PABLO ALVAREZ RAMOS; and expert examination which appears on pages one hundred and ninety-four and one hundred and ninety-five of Volume one from which the experts conclude that they have identification value and that they were made by the defendant CARMELO AGUSTIN DIAZ FERNANDEZ, expert examinations that were ratified by expert Maritza Diaz Domínguez. In addition, the Court evaluated the testimony of  expert Jorge Alberto Cuba Merchant who ratified the expert examination done on the fax equipment confiscated from the defendant PEDRO PABLO.

Finally, the testimony of the witness Lieutenant Colonel Víctor Alvarez Valle, Police Instructor Head of the Section of the Department of State Security was taken into consideration in which he offered an ample information on the investigations carried out during the process of instruction of the file which demonstrated the responsibility of the defendants in the act for which they are being accused,  in addition, he testified about the links they had with  well-known opponents to the Cuban Government and State, like Francisco Hernandez Trujillo, Eduardo Garcia Moure, Carlos Ortega. He also testified about the links of the defendants with Rene Laureano who is the representative of the Unitary Council of Cuban Workers abroad, an individual who has proven responsibility in terrorist activities against the Cuban people, among them, a  dynamite blast against the Central Telephone Office of Tallapiedra, the same has elaborated plans to introduce counterfeit money in Cuba, and has directed acts of sabotage against the Cuban power sector, with individuals recruited within the country, aspect with which he demonstrated the links of the defendants to elements in opposition to the Cuban Revolution. Ratifying all the investigations that were conducted and the conclusions to which they arrived as far as the responsibility of the defendant in the act.

The Court, after having performed a deep analysis of the evidence presented during the act of oral trial, reaches the conclusion that the facts occurred as it was proven and that the defendants are responsible for them. 

THIRD ULTIMATE FACT: That the Public prosecutor maintained and raised to definitive his pleadings which appear on pages three to eight of the file.

FOURTH ULTIMATE FACT: That the attorney for the  Defense, Jorge R. Betancourt modified his pleadings which appear on pages twenty-two of the file for those of pages fifty-five of the same file in the sense of recognizing the facts in the first, to describe in the second the criminal infraction prescribed in article six, section one of Law Eighty-Eight, and in the fifth to request a  sanction of three  years of deprivation of freedom subsidized by the limitation of freedom. That the attorney for the Defense, Amelia Rodriguez Calá on the other hand,  maintained and raised to definitive her temporary conclusions which appear on pages twenty of the judicial file.

FIRST CONCLUSION OF LAW: That the fact stated as proven constitutes a crime of ACTS AGAINST the INDEPENDENCE Or the TERRITORIAL INTEGRITY OF THE STATE, prescribed and sanctioned in article ninety-one of the penal Code, since in accordance with what it states the  defendants, for several years, were members of counter-revolutionary organizations in order to fight for the interests of the United States of America, and from within these organizations they made speeches to counter-revolutionary radio stations, making statements against the Government and Cuban State, manifestations that do not reflect the reality of the State. In addition, they had in their possession large amounts of literature that was given to them by officials of the Interests Section of the United States with the objective of subverting the  economic, political and social internal order.  In addition, through their  writings that reflected their desire to see the Cuban Revolution destroyed, reason why the acts they carried out  had as their  final objective the change of the political regime, and the dependency of the Republic of Cuba to the greatest power existing at the moment. In addition, little by little they destroy the integrity of the state, not only its physical integrity, but also its moral integrity, typifying the crime that has been imputed.

SECOND CONCLUSION OF LAW: that the defendants PEDRO PABLO ALVAREZ RAMOS and CARMELO AGUSTIN DIAZ FERNANDEZ are guilty, as authors, of the crime of  ACTS AGAINST THE INDEPENDENCE OR THE  TERRITORIAL INTEGRITY OF THE STATE since they committed the crime by themselves in accordance with what is prescribed in article eighteen,  sections one and two, clause a) of the Penal Code.

THIRD CONCLUSION OF LAW: That in the commission of these crimes, circumstances modifying the conviction of guilt do not concur.

FOURTH CONCLUSION OF LAW:  that the conviction of guilt carries with itself the obligation of civil character to compensate for damages and damages produced by the action, according to what is prescribed in article seventy of the Penal Code, not being applicable in this case.

FIFTH CONCLUSION OF LAW: That the Court, in order to adapt the measure of the sanction considers what is prescribed in articles twenty-seven, thirty, forty-seven and fifty of the Penal Code, in which it is considered what is prescribed in article seventeen section two of the same legal text for defendant DIAZ FERNANDEZ since, at the moment of the trial he is older than sixty, and that in spite of being the defendants primary violators of the penal norm, the conduct maintained by them in their respective places of residence is not the most adequate, since they do not participate in the activities programmed by the mass organizations, they meet with people opposed to the Cuban government; that the actions they committed have a high social danger since they were directed to change the socio-political system prevailing in Cuba, system that was chosen by the Cuban people, so that a minimum of people, within whom are the defendants,  want to change them, to take the country to the situation it was at before the revolutionary triumph on January first, nineteen fifty-nine, of dependency to the United States of America, which is not the same one now as it was forty-four years ago, that in the present situation  lived by the Cuban people, of blockade and constant threats, interference, and campaigns directed to the destruction of the Cuban Revolution, the conduct of the defendants, constitute a step forward so that the desire of Yankee imperialism is fulfilled to intervene in Cuba and to demolish socialism. Therefore, considering the facts previously indicated, we understand that the re-education of the defendants can only be obtained with sanctions of deprivation of freedom.

JUDEGEMENT:  We sentence the defendant PEDRO PABLO ALVAREZ RAMOS and CARMELO AGUSTIN DIAZ FERNANDEZ as authors of the crime of ACTS AGAINST THE INDEPENDENCE OR THE TERRITORIAL INTEGRITY OF THE STATE to TWENTY-FIVE YEARS OF INCARCERATION to defendant PEDRO PABLO ALVAREZ RAMOS, and SIXTEEN YEARS OF INCARCERATION to defendant CARMELO AGUSTIN DIAZ FERNANDEZ,  with the accessories anticipated in articles thirty-seven, sections one and two and forty-three, sections one and two of the Penal Code: consisting, first in the deprivation of the public right, that is, loss of the right to the active and passive suffrage, as well as of the right to hold positions of management in the organs corresponding to the political activity of the state, in state economic units, and social and mass organizations for the same time as the main sanction; and second, of confiscation of the goods used for the perpetration of the crime, besides the ones obtained from the illegal activity.

As far as the goods confiscated from the defendant PEDRO PABLO ALVAREZ, the confiscation of the twelve TECSUN radios with its accessories, the mid-size SONY radio,  the seven portable SAKAR battery chargers, the eleven antennas, the five MAXELL micro cassettes with their case, the ten video cassettes with the six boxes, the video eight cassette, the six round seals, the four typewriters, the SONY video reproducer,  the computer with all the accessories, the fax machine, the eleven BETA video cassettes, the twelve music cassettes with their case and the American flags. As far as documents, magazines, notes, books, agendas, photos, invitations, stickers, propaganda, proceed with their destruction.

As far as the goods confiscated from the defendant CARMELO AGUSTIN DIAZ FERNANDEZ confiscation of the two mini recorders, the KAIWA radio, the four TECSUN radios, the radio without a brand name, the four cables for the headsets, the three power cables, the fifteen

rechargeable batteries. As far as other documents, books, magazines, notes, agendas, correspondence, proceed with their destruction.

As far as the preventive measure, take into account the pre-trial detention imposed for each one of the  defendants.

Notify the present resolution to the parts, advising them of the right that they have to interpose an appeal in the term of three working days from the date of notification of the same.

Remit copies of this judgment the Provincial Department of Penitentiary Institutions. .

Thus by this  our judgment, we pronounce it, order it and sign it.