JUDGMENT NUMBER: 2 OF THE YEAR 2003

PRESIDENT:
Attney.  María Mercedes Fagundo Morín       In the City of Matanzas on the 4^th day of
                                                                  April of the year 2003.
JUDGES                                                    PROCEEDINGS in the Oral and Public
                                                                  Trial before the Penal Court of  the
Attney. José Luis Rodríguez González               Provincial Popular Tribunal of Matanzas
Attney. Jesús Ramón García Ruíz                 acting in the functions of Gladys Bello
Alfonso                                                       the Court of Offenses Against the State
Aquilino Padrón Barros                            Security of the Provincial Popular Tribunal
                                                                  of the City of Havana in
                                                                 CASE NUMBER 8 TWOTHOUSAND
THREE, followed by SUMMARY PROCEEDINGS and for the offenses of ACTS AGAINST THE PROTECTION OF THE NATIONAL INDEPENDENCE AND THE ECONOMY  OF CUBA where appear as defendants:

FELIX NAVARRO RODRIGUEZ, forty-nine years old, son of José and María, born in Perico in this Province of Matanzas, Cuban citizen, married, twelve-grade education, working as agricultural laborer in the Basic Unit of Cooperative Production "Sergio González" of Perico, receiving a basic monthly salary of one hundred and forty eight pesos, resident of Calle Peatonal # 6 between 17 and Campo in the locality and municipality of Perico in the Province of Matanzas, in PRE-TRIAL DETENTION for this matter, and represented by Attorney Mara Elena León Cruz, and IVAN HERNANDEZ CARRILLO, thirty-two years old, son of Rosendo and Asunsion, born in Colon in this Province of Matanzas, single, with a tenth-grade education, unemployed and resident of Calle Mesa # 32 between San José and Concha in the locality and Municipality of Colon, Matanzas and in PRE-TRIAL DETENTION for this matter and represented by Attorney Ahmed Murga Ferrer.

Acting as Prosecutor Attorney Humberto González Figueroa.

PRESIDING JUDGE: Attorney Jesús Ramón García Ruíz.

FIRST ULTIMATE FACT: Proven that the defendants FELIX NAVARRO RODRIGUEZ AND IVAN HERNANDEZ CARRILLO met in the year 1992 when they were serving sentences of deprivation of  freedom for the offenses of Enemy Propaganda in the Provincial prison of Matanzas, known as Combinado Sur; place where they agreed that upon the expiration of their jail terms, they would continue with their counter-revolutionary activities. In such way  that upon leaving the Penal Institution, both convicts made contact  in the city of Havana with the citizen Elizardo San Pedro Marín, who by that time was the president of a micro-group of disaffects to the Cuban Revolution, agreeing to join him, to expand it to our Province of Matanzas and carry-out the activities they had as an objective, remaining with that group until the year 1999, at which time,  discrepancies arise between FELIX NAVARRO RODRIGUEZ and Elizardo San Pedro Marín, which led to their separation becoming effective as of May 25, 1999, this convict and the defendant IVAN HERNANDEZ CARRILLO created then a new group of disaffects to our revolutionary process together with other residents of our province,  becoming the leader of that recently formed group the same FELIX NAVARRO RODRIGUEZ, while IVAN HERNANDEZ CARRILLO was took charge of what they called public relations, starting a new series of meetings to define their plan of activities, receiving literature of subversive content and against our revolutionary process, that they studied, debated, and distributed among its members, they also solicited repeatedly from the other people  in their group not to participate in activities of the social and mass organizations established in our country,  and neither to collaborate in those assignments in which the popular participation was requested, looking to destabilize our current socio-political system.

Among the principal activities displayed by the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO in charge of a group of disaffects they organized on the already-mentioned date  was to hold meetings and gatherings at their respective residences, located at Calle Peatonal # 6 between 17 and Campo, in the locality and municipality of Perico and in the Calle Rafael Aguila # 12 between Colon and Gonzalo de Quesada in the locality and municipality of Colon, both in this Province of Matanzas, this last house being where IVAN HERNANDEZ CARRILLO resided temporarily, and without registering himself officially, (a requirement) ever since our territory was affected by hurricane Michelle; meetings and reunions that the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO exploited to ideologically motivate the rest of the members of the antirevolutionary micro-group, so  they would carry out actions tending to create abnormal public situations that would be in compliance with the objectives of the Government of the United States of America to overthrow the revolutionary and popular power in our country, actions that would not necessarily have to result in a direct confrontation with the people, according to instructions received by the convicts in the printed materials that were confiscated at their homes.

Among the activities planned by them for such purposes, it was the one of holding a so-­called second national meeting of independent Cuban farmers and cooperativists, to take place at a location known as Finca “La Paulina”, in the municipal territory of Perico, Province of Matanzas,  and around November 13, 1999 for the purpose of minimizing the activities of the Iberia-American Convention of Chief of States and Governments that would take place in our country around that date, inviting members of the diplomatic missions and other foreign citizens; proceeding to elaborate a document in the name of the micro-group directed by the defendant, asking the President of the Municipal Government for permission to celebrate this activity, and a member of the group presented the application in the office of the president, stating in writing that "It would be a great shame having to celebrate it without that Organ’s authorization”, accompanied by the Order of the day for the meeting that never took place.

 In the same way, two years ago, which is to say, in the year 2000, the defendant FELIX NAVARRO RODRIGUEZ, on January 28  had others of his followers accompany him to the

bust of José Marti located in the park of the municipality of Perico for the purpose of placing a wreath in the name of his micro-group, identifying the flowers with a ribbon allusive to his organization; this was seen by the persons present at the park,  who became irritated by the provocation of the defendant, and immediately retired the ribbon when the disaffects left.

In addition, they prepared the celebration a public activity on May 20, 2002 at the Park of Liberty in Colon, Matanzas, towards that end, they foresaw different prior actions,  carried-out by IVAN HERNANDEZ CARRILLO when, since the early morning  hours,  he placed a Cuban Flag in front of the house he lives at  in Colon, manifesting publicly to the neighbors that he was doing this to commemorate the day of national independence, which motivated the expressed disagreement of the neighbors; in sprite of that, IVAN HERNANDEZ CARRILLO maintained the flag for the whole day in front of the house, he later went to the park Libertad of Colon accompanied by other members of the already mentioned micro-group, and being in front of the building housing the offices of the Popular Power Municipal Assembly, they displayed  the national flag  they were carrying,  and maintained a minute of silence; , and confronted with the intervention of a group of citizens, they started to yell that they would not allow anyone to take away the flag and that they would do whatever they wanted at that time, leaving the place the defendant IVAN HERNANDEZ CARRILLO and his followers immediately  after that.

 Continuing with their disaffect labor, the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO started to visit the Interest Section of the United States of America located in the capital of our country, making a connection with the main diplomatic representatives of that government,  where they agreed on the concrete way in which they would receive subversive documentation, financing for the disaffect activities,  and the way in which FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO would use the facilities of that office to disseminate distorted information of our reality to the foreign media in the service of the North American government.

 For these reasons in February of 2002, the First Secretary of the Interest Section of the United States in Havana, named Vicky Hudleston, visited the residences of the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO in Perico and Colon respectively, contacting and meeting with them, the diplomatic functionary becoming interested in knowing first-hand, and from the mouth of the defendant the activities that they were carrying out, the treatment that they were receiving from our authorities and other details regarding to the internal situation of our country, and in fact,  the defendant satisfied the marked interest of the North American diplomat.

 With things being this way,  and continuing within the frame of the already-established relations, both defendants visited together the Interest Section of the United States of America in Havana on October 28, 2002 at 10:00 AM with the purpose of continuing to inform the functionaries about our country, and to receive printed materials contrary to the revolutionary process.

In the context of the permanent contacts of the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO maintained with the functionaries of the Interest Section of the United States of America in Havana, they facilitated a visit to the territory of Matanzas by the new chief of that diplomatic legation James Cason, which took place on November 4, of the past year 2002 and which took place at the residence of FELIX NAVARRO RODRIGUEZ,  being preceded by a telephone call from that legation  to the defendant with the objective of having him prepare the conditions for the celebration of the meeting with the leaders of the micro-groups of disaffects established in the province of Matanzas, which took place for the purpose  that this maximum representative of the North American government got to know first-hand and personally,  the operations and activities that such groups were carrying-out in here, leaving photographic proof of the meeting in which picture appeared, in addition to FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO,  brothers Ariel and Guido Sigler Amaya,  and other disaffect elements to our social process.

 It was also demonstrated that the defendant, FELIX NAVARRO RODRIGUEZ, from his beginnings as a disaffect to our revolutionary process established relations beginning in 2002 with the so-called Cuban American National Foundation and its main leaders, among them, the well-known Jorge Mas Canosa, presently deceased, and also with Luis Zuñiga Rey, and  Francisco José Hernandez Calvo better known as Pepe Hernandez, with whom he maintained telephone contact, updating them about the activities that they had carried out, those links still exist at present,  with them and with other persons who are part of the Cuban antirevolutionary movement  in the United States.

 Everything being this way, and with the objective of continuing to twist our reality, the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO established direct relations with radio stations that transmit from the North American territory to our country, in which case, and even more after 2002, the already mentioned defendants provided press releases individually prepared regarding distorted situations of the Cuban society; acts having a marked reiteration with individuals named Ninoska Perez Castellon, Alvaro Inzua, Angelina Mora,  and other journalists that work in the so-called Radio Marti in Miami, Florida who have broadcast such news items in the programs called " In tune”, " In the light of the truth”, " Only one People”, and " Contact with Cuba”, even having the defendant FELIX NAVARRO RODRIGUEZ delivered a letter written by him to the Secretary of the State Council of our country on July 29^t", 2002 at 10:30 AM, requesting the resignation of the President of the Cuban State Council, and on July 31^St of that same year, the same FELIX NAVARRO RODRIGUEZ read the contents of that document via telephone during a program in Radio Marti directed to Cuba, while  in August  5^th the convict again began to participate by telephone in a program of that subversive radio station, explaining that he had not received response to his letter,  and also the reasons why he thought that the maximum leader,  Commander in Chief Fidel Castro,  should relinquish power.

  Inside this conglomeration of actions, the defendant IVAN HERNANDEZ CARRILLO placed on a website on the internet, access he obtained from the Interest Section of the United States of America in our country, two informative notes or articles on March and March 14 of this year 2003 titled " They expelled a young teacher”, and   "Endangered a Marginal Neighborhood” for the firm purpose to discredit the current situation in Cuba and twist what occurred inside this same group of activities organized by them; it was also accredited that on February 16, 2003 the defendant IVAN HERNANDEZ CARRILLO placed himself in the immediate exterior of the cabaret La Roca in the municipality of Colon, in the Province of Matanzas, and started to distribute to those pedestrians that accepted them,  pamphlets with a content contrary to our revolutionary process, being noticed this action by other persons, who intervened and warned the authorities, which caused for IVAN HERNANDEZ CARRILLO to abandon the place immediately.

 In order to execute their disaffect activities during this period, and as a form of payment for their services, the defendant started to receive monetary funding from the United States Government in a disguised manner, through supposed friends and family members taking advantage of the services of Western Union, represented in Cuba by CIMEX S.A.; both receiving the amount of $3132.00 between November 2001 and March of this current year, and  that in other occasions they received this type of money through persons that came to Cuba,  being also visited by functionaries of the Interest Section of the United States in Havana,  who delivered technical and technological equipment, literature and other materials manifestly against the revolutionary process.

Finally, on March 18 of this year 2003, the defendant FELIX NAVARRO RODRIGUEZ was arrested, carrying with him the amount of two hundred and twenty-one pesos in national currency, and one hundred and eighty-six American dollars, and on that same day, a house search took place,  confiscating among other things, more than 50 books, 103 pamphlets of CUBANET, and more than 150 pamphlets of other denominations, all containing antirevolutionary propaganda, two pictures in which appear a group of disaffect to the Revolution with James Cason, the chief of the Interest Section of the United States of America in Cuba, one radio TECSUN-brand, one typewriter, one computer COMPACT-brand with its printer attached to a piece of furniture destined for that use, 5 compact disks, 6 audio cassettes, 10 plastic chairs; after detaining the defendant IVAN HERNANDEZ CARRILLO and searching his home on the already mentioned date, other items were seized, among them more than 20 video cassettes, 4 video camera cassettes, a computer disk, 3 brand-new TECSUN radios, and another COBY-brand radio, 4 mini tape recorders, 16 magazines and 30 pamphlets and also some documents from the internet, containing propaganda, news and information harmful to the revolutionary process.

That the defendant, FELIX NAVARRO RODRIGUEZ with the already-mentioned personal identification information, was working as an agricultural worker in the Basic Unit of the Cooperative of State Production, but has been repeatedly absent from his place of work in order to participate in antirevolutionary activities, maintaining a pro-imperialist posture, being also engaged in gambling, he has good relations with his neighbors, has been warned due to his activities against the Revolution,  and was judicially sentenced for the offense of Enemy propaganda to three years INCARCERATION by the Provincial Popular Tribunal in the City of Havana on December 30, 1993 in the cause  21 of 1993.

That the defendant, IVAN HERNANDEZ CARRILLO with the already-mentioned personal identification information does not work, and has never performed socially-useful work in his life, he does not participate in the mass organizations of the country; he manifests himself publicly against our revolutionary process and has been officially warned by the police due to his activities directed to breakdown the internal order of the country. It is also certain that he was judicially sentenced by the Popular Provincial Tribunal of the City of Havana for the offense of enemy propaganda to two years INCARCERATION substituted by correctional work with training although it does not appear in the penal records.

SECOND ULTIMATE FACT: that to give as proven the acts already mentioned,  our Court freely and consciously weighted the collection of documentary and personal proofs provided by the parties in the oral trial. So we have that in his testimony the defendant, FELIX NAVARRO RODRIGUEZ, was precise when he recognized his antirevolutionary activities and also that he has his own micro-group, detailing the ways in which he carried out each one of his acts, directed without a doubt - to contravene the development of our own social, economic and political project, responding this way to the interest of the United States government and of the organizations that from that country are fomenting and helping the functioning of the internal micro-groups, such as the one he headed, admitting that he received among other things pamphlets and literature,  the latter being verified by the confiscation at his residence of his scathing and aggressive writings, and printed materials, which were analyzed by specialists, whose conclusions appear in pages 187 and 188, from which we learned about their aggressive character, concluding that the same,  due to its volume and number were not for his personal use, and also that the authors of such documents are of a reactionary ideology, and virulent antirevolutionary positions,  such as the Cubans in the exterior Carlos Alberto Montaner and Gustavo Arcos, and also the Czech Vaclac Havel; on the other hand,  this same defendant FELIX NAVARRO RODRIGUEZ confessed having had direct meetings with Vicky Hudleston and James Cason, maximum North American representatives in our country and that he informed them about matters of great interest to that government, such as the situation and perspective of groups of people that were willing to be servile in their confrontation with our Revolution, also admitting that his meeting with James Cason took place at his house in the town of Perico, with a previous phone communication from the Interest Section of the United States, corroborating the judges that among the assistants to this meetings  were FELIX NAVARRO RODRIGUEZ,  and the defendant IVAN HERNANDEZ CARRILLO once they observed the pictures that appear in page 258 of the file; FELIX NAVARRO RODRIGUEZ admitted that he received money coming from the North American territory although he alleged that came from the pockets of his relatives and friends, verifying the Court that was not case after analyzing the documentary in page 67 of the summary,  where it is stated that the defendant, on the dates of November    6^th, 15^th, and 16^th, 2001 cashed remittances from the City of Miami for the amounts of $200, $300, and $200 respectively in the way they were instructed to in the Manual of security and hygiene at work (guide for the population facing difficult conditions) seized from the defendant, and where they are told that the money that was being sent through third parties, disguising its origin in order to avoid detection, this defendant also recognized that he maintains relations with people who are active counter-revolutionaries in the North American territory, we already mentioned their virulent aggressive positions against our State and People, according to what appears in their biographic synthesis provided by the public accuser in the same act of oral trial, being very symptomatic that when the Prosecutor asked the defendant FELIX NAVARRO RODRIGUEZ about the people that were sending him monetary remittances he exclaimed that he did not want to talk more about them; while the defendant IVAN HERNANDEZ CARRILLO was more sparing during the plenary, when he expressed that he was invoking what was declared in the investigative phase, and directed us to the content of pages 45, 130, 131 and 132 of the file of Preparatory Phase,  at which time he related basically the same  we already have declared as proven regarding his person, also verifying in regards to him and to FELIX NAVARRO RODRIGUEZ -via documentary evidence-the majority of the acts that were given as taken place against them, so that when we analyze the news releases that appear in pages 5-23 we know of the amount of malicious news that both were broadcasting through the waves of Radio Marti, adding to this releases the articles written by FELIX NAVARRO RODRIGUEZ, and that appear published by diverse media in the foreign press, being the same in pages 172-177 of the same summary highlighting one of June 20^th of  last year titled “I will continue to have the right” where he defines himself as an eminent citizen of Matanzas, without fear, and that the haste with which the government carried out the process of the last constitutional reform, did not provide enough time to him or his followers in exile in Miami, to come up with directives through the radio station Radio Marti, as to how the Cubans should behave, also pointing out that with our overwhelming and millionaire approval of the already-mentioned project of reform,  we were giving continuity to a system that he pretends to stigmatize with inadmissible improprieties; to be added to this list of transcendental documents,  the two press releases placed on the website operated by IVAN HERNANDEZ CARRILLO at the Interest Section of the United States in Havana, which appear in pages 149, 150 and 151 of the investigative file, knowing they are the journalistic articles in which he accuses our government of expelling one teacher, and threatened the residents of a marginal neighborhood with its demolition, twisting this way the truth about what really happened. Also examined were the warrants of confiscation of goods and objects at the residences of the defendant, standing literary material classified by the experts as subversive, judged according to what appear in pages 187-195 of the file of preparatory phase, pointing out the TECSUN radios that have not been commercialized in our country, and that they possessed them because the Interest Section of the United States of America gave it to them,  to endow them with technical means to maintain  better conditions to listen to radio stations aligned with their own purposes,  according to what was declared at the oral trial by the expert on that matter, being seized from the defendant FELIX NAVARRO RODRIGUEZ a computer that was also expertised by a specialist,  whose conclusions appear on pages 219-225 of this same file, and it was revealed that in its hard disk appeared information of a character opposed to our social system; also being analyzed the medicines seized from both the defendant,  in which case it is documentary concluded that those medications are of foreign production, that they have not been elaborated in Cuba, and are not commercialized in in our country’s  pharmacies,  having as fact that related to the meeting of so-called farmers that the defendant pretended to organize once we analyze the writing on pages 122 and 123 of the file. Of the testimonials,  it transcends for its importance the declaration of all the persons that appeared in the depositions with that character in the plenary,  where the majority of the same affirmed that in front of the houses of both the defendants, it was frequent to see new vehicles with diplomatic tags, in addition to having observed that in several occasions the people riding in such vehicles would come out of the cars with boxes and yellow envelopes in their hands, leaving them at their houses. All of these deposing witnesses are visual witnesses because they live near the defendant, and were spontaneous and coherent when they were informing us what they knew, giving confirmation to the charges that were formulated against FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO, also standing out the testimony given by the citizens Nieve Higinia Rojas Alvarez, José Antonio León Calderón, Esteban Cabrera Soa, Rogelio Pérez Cuevas, Aurio Antonio López Cué, José Manuel Morales Mena, Irma Cáceres Amores and the police instructor Lieutenant Colonel Gustavo Díaz Villalobos; the first one wrote the tag number of the automobile that stopped in front of the house of IVAN HERNANDEZ CARRILLO, being one of the vehicles of the Interest Section of the United States of America,  giving assurance that at that house they were carrying out frequent meetings and activities of disaffects to our revolutionary process, this vehicle was also seen by José Antonio León Calderón who also pointed out that IVAN HERNANDEZ CARRILLO was dedicated to organize activities in public places in Colon, having given him and others warning, that this defendant gathered people for illicit purposes, that anything could happen, according to the witness' own words; while the witness Esteban Cabrera Soa, who is the husband of Nieves Higinia reiterated what his wife had said regarding the vehicle,  and was categorical when testifying in the Court regarding the exchange of words that he sustained with IVAN HERNANDEZ CARRILLO in last May 20^th, 2002, when he displayed a Cuban flag in the front of his house to celebrate this day that signifies the establishment in Cuba of the Pseudo­-Republic, illustrating us to the effect that this defendant was defiant by maintaining the flag at the already-mentioned place; later informing us the witness Aurio Antonio López Cué, that on that same day, IVAN HERNANDEZ CARRILLO accompanied by a few people that followed him to the front of the house Government of Colon where the witness was standing guard, the defendant stopped and displayed the same flag and yelled that they should allow them to do what they wanted, and that he also saw that IVAN HERNANDEZ CARRILLO was participating every Sunday in meetings that were taking place at the house of one of the members of the group named Gilberto Caballero, while the witness José Manuel Morales Mena was explicit when he affirmed that he saw this same defendant close to the Cabaret "La Roca" in Colon distributing an antirevolutionary pamphlet, and that he immediately informed the authorities, the witness Rogelio Perez Cueva who knows the defendant FELIX NAVARRO RODRIGUEZ because he is a resident of the town of Perico stated that he saw him twice leading other persons to the park of that locality in order to offer a wreath to our Apostle, having the flowers ribbons allusive to their micro-group, and that then, other revolutionary citizens that were there went and torn-up that provocative ribbons; the witness Irma Caceres Amores assured us that when she was the president of the government of Perico, they sent her an application of authorization of a pretended farmer's meeting, including the program of these subversive activities; in the same manner, the police instructor corroborated all the above mentioned, adding that the already mentioned meeting of "Independent" farmers would take place for the purpose of obstructing the event of maximum level that would take place in our country on that day; he pointed out the activities and purposes of the defendant classifying them as salaried employees of the North American government, and disturbers of the order with their public actions in Perico and in Colon; knowing the personal conditions and conduct of each of the defendant when they examined the supplementary investigation given by the same Police Instructor, by the testimony of many of the witnesses who ratified that we are in the presence of individuals disaffects to the social revolutionary process of Cuba, and when analyzing the content of the certification of positive penal records of FELIX NAVARRO RODRIGUEZ which appear on page 154 of the summary, meanwhile regarding IVAN HERNANDEZ CARRILLO we cannot ascertain in a concrete manner if it counts or not as a penal record the subsidized sentence mentioned in the sentence certificate provided by the Prosecution in the plenary, contrasting this with the public certificate of the Central Registry of Sentenceed without notations that appear in the same File on page 155. The proven declared acts are these, and none other different from the ones narrated in this resolution.

 THIRD ULTIMATE FACT: That the acting prosecutor maintained his pleadings raising to definitive the ones appearing on pages 5-17 of the file of this Cause. - 

FOURTH ULTIMATE FACT: That the defense lawyer of the defendant FELIX NAVARRO RODRIGUEZ maintained her pleadings raising to definitive the ones on pages 27 and 28 of this file; while the defense lawyer representing the defendant IVAN HERNANDEZ CARRILLO modified his, raising to definitive the ones appearing on pages 29, 30, 48 and 49 of the same mentioned file.

 FIRST CONCLUSION OF LAW: That the act declared as proven integrate the offenses of ACTS AGAINST THE PROTECTION OF THE NATIONAL INDEPENDENCE AND THE ECONOMY OF CUBA provided in the current Law Eighty Eight of February 16, 1999 in their article 8 section 2; 4 section 1 and 2 subsections a) and b); 6 sections 1 and 3 subsection b) and 7 sections 1 and 3 because the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO, with the open purpose and conscientious desire that the government of the United States of America achieve the objectives of the “Helms Burton” Law, the blockade and the economic war against the Cuban people directed to break-down the internal order, destabilize the country, and finish-off the Socialist State, and the Independence of Cuba, promoted, organized and instigated third parties to disturb the public order in the towns where they both resided, being undeniable that as leaders of the micro-groups that they created and directed, were dedicated to motivate other people to participate in activities that our people repudiate due to their antirevolutionary nature, standing out among the activities of their followers, congregations in public places, before the eyes of honest citizens who felt bothered in their patriotic convictions after observing the manner in which other citizens were dedicated to denigrate the socio-political process of the country. There are no doubts that the acts and actions carried-out by each one of them was directed to create an objective and subjective state favorable among the few members of the micro-group, so that them, and they themselves could accomplish the assignment of their superiors or bosses: definitely, the North American Government; the acts and actions carried out by FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO fit within the criminal type established in article 8 section 2 of the already-mentioned Special Penal Code because they were leaders of antirevolutionary groups dedicated to give lecture to documents, stimulating the feelings of people previously gathered by them, indicating to them the way they should behave and participate in those acts convoked by them, and when they are moved by the will to act, then we are faced with typical actions, penalized by Law because it has been organized and instigated third parties to disturb the general order with the end of facilitating the referred purposes of the North American Government. In this case it is necessary to establish the criteria that disturbing the public order is not only to alter the tranquility of an area and it is not only to produce physical confrontations among people, to distort implicates to take a situation out of its normal state to a different state that derives or could derive in a judgment of different things and not admitted by the masses,; (sic) which is what the accusers were doing for the purpose of breaking down the internal order, and that goes beyond the mere public order because it transcends to the social order. Secondly, we have typified for the defendant the offenses provided in article 4 sections 1 and 2 subsections a) and b) of the special penal judicial norm integrated because they personally transmitted information regarding their antirevolutionary activities to the maximum representative of the North American government in our country, and they did that at least twice, when they were visited and met with that diplomatic representative, and a second time a when they both visited together the diplomatic legation in the capital of this country, delivering data regarding their disaffect organizations, which by itself facilitates to that government the internal possibilities of accomplishing their purposes of eliminating our revolutionary process, and our independence and sovereignty, worsening the blockage imposed to this country more than forty years ago; this is facilitated by the defendant together and receiving monetary remuneration in a secretive manner, and disguised, as supposed remittances from family members or friends living in the United States, transforming in such a manner these activities into a way of life, and  a job.  Thirdly, we have qualified another offense provided in article 6 section 1 and 3 subsection a) and b) of the already-mentioned Law Eighty-Eight because the same defendant, during their activities accumulated material of a subversive nature from the government of the United States of America, which were delivered by diplomatic functionaries of that country in ours, and we are not only speaking about literature, pamphlets, stickers or books of authors contrary to our social project, and ideologues of capitalism, but we are also talking about video cassettes with propaganda from antirevolutionary leaders abroad, and about actions carried out in Miami directed to create a state of internal subversion in Cuba, and besides, they also distributed that material to third persons, either at meetings or at public places, which represents without a doubt, a way of distributing the same for illegal purposes and objectives; in this case it becomes it becomes reiterative that we talk about a lucrative intent of both the defendant. Lastly, it integrates the offense provided in article 7 sections 1 and 3 of the multi-mentioned Special Penal Law since their active agents sent in a reiterated manner twisted information regarding our social, economic and political reality to the radio and written press at the service of the North American government, collaboratingthis way with one and the other, in other words, with the government and the North American mass media, in order to accomplish the objective of the war they make us face.  And all these actions where carried out by the defendant in exchange for money that was sent from North American territory through third persons and organizations,  in that consists their mercenary nature, and for these acts they are being judged.

 SECOND CONCLUSION OF LAW: That the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO are declared authors responsible of all and each one of the offenses classified by this courtroom because they executed the actions described in this sentence by themselves and directly according to what is provided in article 18 section 2 subsection a of the Penal Code.

 THIRD CONCLUSION OF LAW: That the acts being judged are not concurrent with any modifying circumstances of the penal responsibility for each of the defendant.

 FOURTH CONCLUSION OF LAW: That these illicit acts did not generated inherent or moral affectations that should be repaired or modified through this resolution in the concept of civil responsibility.

 FIFTH CONCLUSION OF LAW: That in order to state the principal sentences that the defendants FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO will receive, this Court took into consideration what is provided in article 27 and 47 section 1 of the Penal Code in a way that we have to begin by exposing the good or the judicial weight that has been attacked by the defendant, and which is our National Independence and the Economy of the country implies for all a very high concept summarized by sustaining of the Motherland as the supreme good of our people,  there lies  the immense danger that derives from these acts, not their conscience, the first being concrete, in other words,, their illegal acts, that we will sentence, requiring a penal projection that is in tune with such dangerousness based on the principal of proportionality admitted in the law, we should not allow place for any doubts about that this is a case of repressing  acts of complicity with the enemy, which is very reprehensible by its own nature,  but it is much more  reprehensible  in them their lack of patriotic conscience, which they have changed for an economic conscience of making their conduct a lucrative way of life, creating an extension at an internal scale of the money-hungry conducts of the antirevolutionary chieftains who act, direct, and through whom they finance their activities from the exterior, it is about, nothing more or less than we have to defend, with these weapons of the penal code particularly dictated for individuals like them, our social, political and economic system, and mercenaries such as FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO, who integrated the army of salaried soldiers of the government of the United States in this battle  they are fighting against our people for the existence of real independence and sovereignty, they deserve to receive high penal responses. This being the purposes of reproach, social reinsertion and preventive character will be our goal through the incarceration that we will impose, for temporary periods close to the superior limits of the penal types infringed; dispensing then of the formation of the joint and only as established by article 56 section 1 subsection b) of the Penal Code, with this same criteria of severity. To all this we must add that both defendant are individuals who have openly shown their positions contrary to the national revolutionary process, and since many years ago, they have judicial experiences because of that. In the case of FELIX NAVARRO RODRIGUEZ becomes a specific recidivist under article 55 section 1 and 3 subsection a) of the Penal Code since he was judicially sentenced before for the offense of Enemy Propaganda; although IVAN HERNANDEZ CARRILLO was also sentenced for a similar penal offense, we cannot approve the public accuser’s request for application of this sentence of specific recidivist for since it is forbidden by the same norm of justice we apply to these acts, having to clarify that the sentence received and served by this defendant was a subsidiary of article 32 of the said substantive judicial text, without being credited in the record that the sentencing Tribunal in that case obeyed or not that which is established in section 7 of this same precept, in the sense of informing to the Ministry of Justice the extinction of the penalty for the cancellation of the penal record, something that could have happened, and which is different from the situation presented in article 67, section 3 of the same Penal Code, since  offenses against the State Security generate penal records that cannot be cancelled ex oficio,  but  by mandate of the sentencing Tribunal, such as in the supposed case mentioned; therefore confronted by the doubt implied in the lack of knowledge by the judges as to weather or not the Ministry of Justice was informed, and the same reason that reaffirms this, since the public certificate issued by the Central Registry of Sentenced appears blank  works in favor of the defendant IVAN HERNANDEZ CARRILLO, in spite the fact it does not cease to be a concrete record of bad conduct . We also have to include in this analysis of judicial principles that both the defendant were receptors of the accessory sentences provided in article 37 of the Penal Code which is preceptive because they will be deprived of their freedom; and that the confiscation of goods established in article 3 section 2 of the Law Eighty-Eight of February 16, 1999, related as it is to article 44 section 1, 2 and 3 of the already-mentioned Penal Code, clarifying at the same time that part of the goods confiscated from FELIX NAVARRO RODRIGUEZ do not fall under such accessory law because they are goods indispensable to satisfy the needs of the relatives under his care, resolved as follows:

 JUDGMENT: We sentence FELIX NAVARRO RODRIGUEZ as author of the offenses of ACTS AGAINST THE PROTECTION THE NATIONAL INDEPENDENCE AND THE ECONOMY OF CUBA, of article 8 section 2 of the Law Eighty-Eight of February 16, 1999 to 8 YEARS INCARCERATION, article 4 sections 1 and 2 subsections a) and b) of the same to 16 YEARS INCARCERATION; article 6 sections 1 and 3 subsection b) of the same to 6 YEARS INCARCERATION, receiving as concurrent and only sentence that one of 25 YEARS  INCARCERATION.

 We sentence IVAN HERNANDEZ CARRILLO as author of the offenses of ACTS AGAINST THE PROTECTION THE NATIONAL INDEPENDENCE AND THE ECONOMY OF CUBA, of article 8 section 2 of the Law 88 of February 16, 1999 to 8 YEARS INCARCERATION, article 4 sections 1 and 2 subsections a) and b) of the same to 16 YEARS INCARCERATION; article 6 sections 1 and 3 subsection b of the same to 6 YEARS INCARCERATION, receiving as final and only sentence that one of 25 YEARS INCARCERATION; that both defendant will serve in the Penitentiary Establishment assigned by the Ministry of the Interior.

CONCURRENTLY: We are imposing to both the defendants the sentence of Denial of Civil Rights consisting of the loss of the right to active and passive suffrage, and also of the right to take a directive position in the governmental organizations in charge of politics - administrative activities of the State, or in the state economic branches and mass and social organizations during the time that they are serving the main sentence received in this case. Also concurrently we are imposing to FELIX NAVARRO RODRIGUEZ and IVAN HERNANDEZ CARRILLO the sentence of confiscation of goods that consists of dispossessing both of the goods that were confiscated in this judicial action and transferring them directly to the Cuban State.

 In the case of the defendant FELIX NAVARRO RODRIGUEZ such concurrent sentence is partial, leaving to the free disposition of the defendant the SANYO-brand color television, serial number 0001382, the SANYO-brand stereo double cassette radio/recorder serial number P48178, one SONY-brand rechargeable lamp, serial number DB, a liquefier model VINCET, a TROPICE-brand fan model IMPUD, a CARRIGNTON-brand pedestal fan, model MP806, one LLILLIMAR-brand beige refrigerator, and also an iron, because these goods are of family use,  and to satisfy their needs.

 While the following goods and objects will pass to the Patrimony of the State:

 A) The 50 cents in Cuban exchangeable currency, 186 dollars, and 91.20 pesos in national currency that are deposited at the branch number 3481 of the Bank of Credit and Commerce in Matanzas according with the certificate that appears in pages 159-A and 160- A and B of the summary which will be added to the funds of the box of indemnification of the Ministry of Justice.

 B) The goods and objects confiscated from the defendant IVAN HERNANDEZ CARRILLO and that appear detailed in pages 25, 26 and 27 of the file of preparatory phase consisting on a package of white sheets of paper sealed in a transparent nylon with the name of office de depot (sic), 9 video cassettes defined by episodes with the title "The most powerful force: a century of non violent conflicts" each one in their case, with the title "Toppling down a dictator", 8 video cassettes in their case containing different titles, a video cassette in its case, sealed, that has the title of "Voices from the island of freedom", two music cassettes in their case containing subversive recordings, 3 Panasonic video cassettes SHG, another one of the same characteristics SONY brand, and another one MAXELL VHS-C sealed, a SONY-brand computer disk where we can see the title “Survey by the Movement for Democracy Pedro Luis Boitel, 2 empty identification cards,  and denex club samplem (sic), a white envelope containing a used roll of  film , a new roll of film in its case,  and another one empty, two digital chargers rapid changer (sic),  one with three DIGITAL-brand batteries, three small TECSUN-brand radios with its two batteries,  two of them in their cases, one COBY-brand radio, small and without batteries, a BIG FINDER-brand photographic camera, two small audio speakers with their electric cables, three small rolls of connector cables, one small nylon with an electric components with its installation, a SEVEN STAR-brand electric component with its installation, a GAMA SONIC- brand electric cable with its installation, 4 mini tape recorders one with a cassette in its interior, another CROWN-brand one with a small cassette inside, another AIWA-brand empty, and another one ABR-brand, of small cassettes, containing one in its interior, one JVC-brand video cassette with its two cables and its remote control, a book titled Martin Luther King, one lose battery, ten plastic containers (N.T. diez plomos plasticos instead of pomos plasticos in the original text. Plomo means lead) coming from Puerto Rico containing magnesium, oat fiber, vitamin B, M, BEC, brewer's yeast, vitamin C, dolumite, fish oil, magnesium, vitamin with carotene, a transparent nylon envelope containing three small bottles of ecotrin pills, another nylon with plastic bottles of vitamin pills, tylenol (sic) pills, papaya, captopril, calcium, claritin, rynatan, cefbil, and sudogest, 6 tubes of cream containing hydrocortisone, sistin, triple antibiotic sintment(sic), and lidamantle, three small plastic bottles of sulfadizine, picolinato zinc, crononutrient, antibiotic, and augmentin, 13 plastic bottles of medium size containing pills of Super B-Complex, vitalent, allergy medicine, 2 bottles of ibuprofen, one of them empty, two bottles of non-aspirin, two bottles of Vitamin C, pain reliever, complete multivitamins, aspirin gin, 13 bottles of small size 2 of which are of glass containing lindano, non-aspirin, nasal spray, sertin fordera, nortri ptyline, hydrocloride, claritin chestrub, phazime aciphez nasonex, asteling rhinocort aqua, 47 sealed nylon small packages with medicines and capsules, 7 strips with 41 pills of Sudafed nasal decongestant, 9 transparent nylons with medicine inside one of which has the name of IVAN HERNANDEZ CARRILLO and also they said Matanzas, Jovellanos, house of Tomasito, a great number of BAND-AID, two small boxes, one of which contained 6 envelopes, and the other one 6 strips of obstetrix- cien, another 6 strips containing 58 pills of amitiptilina MCI, 5 strips with 24 pills with hydrocloride, three tablets of tylenol, 5 strips with 10 red capsules of daytimesufrels, 2 lose strips with 4 pills, 14 pills of meprobamato, 2 strips with 12 pills P-B, 2 small cases with shampoo, 2 sprays, 18 vitral magazines of religious content, 12 magazines with different contents, 19 pamphlets titled Sin censura with a subversive content, 13 pamphlets nominated CUBANET with a subversive content, 4 pamphlets called The New Herald, 9 books titled Flash, 54 magazines titled Dissidents, 13 magazines titles "The Unity", 4 manuals of security and hygiene of work, one agenda titled Telefonica, various yellow envelopes with the name of IVAN HERNANDEZ CARRILLO of the office of press and culture of the City of Havana, various texts with a religious content, 66 empty cards ON LINE, one signed with the title “Party for the Democracy Pedro Luis Boitel". Those related to pages 34 and 35 and a confiscation done to the convict FELIX NAVARRO RODRIGUEZ consisting of 42 books of harmful literature, 67 pamphlets with the title CUBANET, 10 pamphlets titled "Enterate" (Find Out), 43 subversive pamphlets, 26 pamphlets titled CUBANET, 67 pieces of paper of religious writings, 80 pamphlets with the Universal Declaration of Human Rights, and another 7 pamphlets of this type, another 22 pamphlets of a subversive character, 15 with written pages where we can appreciate the title of "Movement All United", one video cassette, one Penal code, 2 pictures of several opposition members, one of them is the defendant FELIX NAVARRO RODRIGUEZ, a small red-colored agenda with addresses, 2 notebooks titled “Manual of Safety and Hygiene at work”,  60 documents titled "Varela Project", 300 questioners of compiled signatures regarding the Varela Project, 4 books titled :"International Norms" in the name of FELIX NAVARRO RODRIGUEZ, 4 books titled “The Peaceful Struggle for Human Rights”, 8 pamphlets titled "Movement All United", 9 books of religious content, 17 cards from the office of information for human rights, 9 envelopes of the international services and another 25 white envelopes, a case with two MAXELL GULD-brand batteries, an electronic component with its cable in a nylon, one picture with the name of Pedro Luis Boitel, a certificate and a diploma in the name of FELIX NAVARRO RODRIGUEZ, several newspaper articles, 1 pamphlet of harmful content, 4 bottles of vitamins, 1 bottle of antacid with 3 pills inside, 1 bottle with calcium, 1 bottle with anasilkin, 1 bottle with flonase, 1 bottle with laxative acid, 1 bottle of oral ibuprofen, 1 bottle containing iron vitamin, 1 bottle containing vitamin, 2 bottles of ibuprofen, 2 bottles of Excedrin, 2 bottles of kikarkland, 1 bottle of pentoxifilline, 1 bottle of pasion (N.T. Pasion in the original text. I wonder what this passion bottle really contained!), 1 bottle of pain reliever, 1 tube of ocuflox cream in its box, 1 tube of desistin, 1 tube of hydrocotrizone, 4 little tubes of lida mantle HC, 18 black-colored pills of an unknown content, 12 band aids, 1 lose strip with 7 pills of 25 mg (toprol XL), 1 lose strip with 7 pills of 100 mg (toprol XL), 1 lose strip of effexor XR containing 14 capsules, 20 tablets of loperamide, 1 case containing 9 farwax removal AID, in addition: 1 BIB DISPLAY-brand calculator in its case, an ALEKO-brand typewriter in its case, a small TECSUN-brand radio, 2 BIB DISPLAY-brand calculators, 3 compact disks in two plastic cases and one in a hard card box, 1 set of cartridges in their cases brand LEXMARK, 6 audio cassettes  without a case, 2 empty cases of audio cassettes, 1 telephone cable in its case, 1 VITA-2 brand bottle in its case, 1 box with 3 MAXELL-brand disks, 4 computer manuals, 1 card with the title political opponent, 12 blank pieces of paper, documentation regarding the forbidden game called la Bolita, a yellow file containing blank pages, 3 packages with blank pages, one of them open, one nylon bag containing several medicines, 1 white pullover with a view and the name of Independent Libraries of Cuba Competition El Heraldo, 1 charger with 4 RAPID CHANGER-brand batteries, a computer with a monitor, one processor, one keyboard, one mouse and two COMPACD-brand speakers, one color DESKJET-brand printer with its cables, and the furniture where it was located. And those detailed on page 50 of the same and that was seized from the defendant IVAN HERNANDEZ CARRILLO consisting of one black and green BATTLE OF THE CENTURY-brand backpack, with an impermeable blue coat inside, 4 magazines titled CROSSRASS CAFÉ, 3 video cassettes with the same title, 15 new nylon handbags, 1 Granma newspaper and a Palante weekly, one sealed case of pins and a plastic cup inside a nylon bag, 5 music cassettes sealed in their box, one new bottle of AMAZONA-brand perfume, one brand new tube of tooth paste, one brand new GILLETTE-brand razor, 2 pens colors black and golden, 1 pair of glasses in their black case, 4 VIDAL-brand pens in their case with the receipt of purchase, one train ticket, one paper containing an address from San Miguel del Padron, one document of circumscription or popular advisory, one THABA-brand wallet, one identity card in the name of FELIX NAVARRO RODRIGUEZ, one case with two kinds of glue, 10 applications of collected signatures for the Varela Project, and one sheet of paper written with ink which reflects the meeting that took place on March 18^th, 2002. All will receive the following treatment: the printed material and others containing films and recordings will be immediately destroyed by incineration, which will also be carried out with the handwritten and typed documents, while the rest of the goods not included above will be delivered to the Internal Branch of the Popular Power in Matanzas so that they can determine the entities that will receive and use them according to their own nature, including the medicines that appear, according to pages 156 and 157 of the file of Preparatory Phaseas delivered to the Provincial Pharmaceutical and Optical Enterprise of Matanzas, the receiving entities are obliged to give their values to the Box

of Indemnification of the Ministry of Justice within the following 5 working days upon receipt.

 Regarding the cautionary measures of PRE-TRIAL DETENTION that were opportunely dictated for the defendant, we are maintaining the same since the motives that generated them still exist until, until this sentence takes place and it is executed in its principle, being without effect on that day the cautionary measures and crediting both according to the law.

 Notify this judgment to the Prosecutor and the defendants; informing them of their right to Appeal within THREE WORKING DAYS posterior to the carrying out of this notice, and sign it to be the same, to be executed according to the terms that it contains, releasing the testimonies as needed to the corresponding branches and organs.

 By this our judgment, we pronounce it, order it, and sign it, the judges, whose names appear at the margin, they declare before me the Secretary that Certifies.

  CERTIFICATION: That it is a true and exact copy of the original, which appears in the coil of the case, that rests with the Secretary.

 Secretary

SEAL