JUDGMENT NUMBER FOURTEEN OF TWO THOUSAND AND THREE (14-2003)

PRESIDENT:                                                            Havana, April seventh of two thousand
                                                                                  three.
TATIANA BEHAR PANTALEON
                                                                                 PROCEEDINGS in Oral and Public Trial
JUDGES:                                                                  before the Court of the Crimes Against the
MARIO RAMOS SANCHEZ                                  Security of the State of the Provincial
MARIA ISABEL GONZALEZ PONS                     Popular Tribunal of the city of Havana,
CARMEN MIRIAM COTO ECHEVARRIA           Case Number Six of Two Thousand
TERESA PEREZ IZQUIERDO                                and Three followed for the crime of
                                                                                 ACTS AGAINST THE INDEPENDEN-
CE AND THE TERRITORIAL INTEGRITY OF THE STATE, on the one part, the Prosecution,
represented by attorney Osiris Martínez López and on the other, public defender Attorney Salvador Cabrera González representing the defendant ALFREDO FELIPE FUENTES,  a native of Artemisa in Havana, the son of Mauro y Caridad, age fifty-three, legal identity document number four, nine, cero, five, two, six, one, six, one, two, seven, single, a college graduate with a degree in economics, unemployed, a resident of Calle 55, number 4007, between 40 and 42 in the municipality of Artemisa, Havana, without a prior criminal record, and in pre-trial detention for this charge.

BEING THE PRESIDING JUDGE: MARIO RAMOS SANCHEZ.

 FIRST ULTIMATE FACT:  Proven that since the triumph of the Revolution in 1959, and with it the start of the process of installation of a State, representative of the interests of the people, without subjection or subordination to any foreign government, the United States of America began a political process directed to overthrow said State belonging to all the people, utilizing to this end, whatever means and methods necessary, and which throughout all these years and until the year 2003 have manifested themselves in the most diverse forms, which has cost Cuba the loss of many lives, and suffering to others, as well as a high economic cost which has impeded a better development in this aspect, and consequently has limited major social benefits.  In this aggressive and hostile endeavor to overthrow the Cuban state which counts with the support of the majority of the population, demonstrated in the free and democratic elections that have taken place during these years for the election of the entities of the Popular Power[1], as well as to adopt the present Constitution and its reforms for confirmation of the said Constitution, the different governments of the United States of America have presented formulas with the aforementioned objectives in mind, and have implemented laws ever more aggressive against our country, among which are notable the Torricelli and Helm-Burton Laws, where that government combines, with the aforementioned  purpose of open aggression, also a policy of subtle and deceitful destabilization.  That all these political actions directed to achieve the breakdown of the sovereignty of the Cuban state have been denounced publicly on multiple occasions  in the different forums and by representatives of our country, a fact well-known both nationally and internationally, in spite of which that government persists in those state policies that have relied upon during these years, with the help of diverse elements within and without the country in order to carry out the activities in order to achieve those ends.  In this context and trying to take advantage of the state of economic deficit originated in our country at the beginning of the decade of the

nineties, among other reasons[1], by the very economic blockade imposed on our fatherland by the aforementioned neighboring country, this country begins its activities of opposition and undermining of the legal norms and in sync with the aforementioned policy, the defendant ALFREDO FELIPE FUENTES starts contacting people with similar purposes, reason why in 1991 he accepted the proposal of the citizen Indamiro Restano Diaz to join the Non-Legalized Organization “Movimiento Armonía”, inclined to actions against the Revolution, where he did not carry out other tasks than those of keeping contact with its membership, organization which disintegrated due to the containment actions taken out by the organs of the State Security against their hostile activities. Later, in the year 1994, continuing with his eagerness to carry out actions in open opposition against the legal norms and in defiance of what is established to maintain a unitary order amongst our population, that was making huge sacrifices to confront the consequences of the special period we were going through, he joined the illegal organization Centro Jose de la Luz y Caballero para los Derechos Humanos y Cultura de Paz, that under the apparent cloak of solidarity toward others, in reality had no other aims but to go along with the policies of the United States of America, that through their Office of Interests promoted the formation of groups  that from inside the country promoted discontent among the population, made accusations about the situation of the country with the objective to seek pretexts among organizations such as the Commission of Human Rights of the United Nations located in Geneva for the sanctioning of Cuba because of supposed violations of Human Rights, and to play along with this organization and with the reiterated maneuvers of  the United States of America in the said commission to achieve such sanctions, as well as to hinder the international image of Cuba that, if achieved,  would influence Cuban relations with other governments and its commercial and economic activities that would impede the economic development of the country, and therefore give elements to promote the need for a social, political and  economic change that would  respond to the interests of the United States of America, for which purpose the  defendant, in a very active way, carried out activities that allowed him to be the Vice-president for Legal and Constitutional Matters until the year 2001, when he became its president.  All throughout this period the defendant carries out an active labor of transmission of distorted news to be disseminated abroad through radio stations such as the ill-called "Radio Martí" located in Miami, and of a clearly stated and well-known struggle to oust the Cuban State, and in favor of the policies of subordination to the interests of the Government of the United States of America, many of which were written by him and others dealt with by him in his  non-authorized condition as the Director of the Independent Occidental Press Agency, and Director of the Agency Libertad  of the Buro de Prensa Independiente de Cuba.  That with the same goals in mind, in the year 2001,  and at his residence located at 35 number 4007 between 40 and 42, La Matilde, Artemisa, Province of Havana, territory where all his activities were based, he joins the creation of a library so-called independent, initially sponsored in the year 1997 by the Consejo Unitario de Trabajadores de Cuba, also a not-authorized organization, to which the defendant belonged as the delegate in the municipality where he resides, library that was a part of a Project for Cuba promoted by the Agency for International Development known by the initials USAID, that is financed by the Government of the United States of America, and that carries out the sponsoring of the libraries through the Office of the Interests Section of the said Government in our country, known by the initials SINA, that from some time in the past and even more so in recent years until the arrest of the defendant, which took place last March 19, 2003, it has been known that the said diplomatic representation has become an organizer, financer, chief and general headquarters for activities geared to destabilize, subvert the constitutional order,

violate the laws, cooperate against social development, sabotage economic relations, threaten the security, and destroy the independence of the country, that  as was indicated before, has been denounced and is known by the population and the defendant, nevertheless, contacted officials of the said headquarters for the receipt of materials for said library, which he  began to receive at his residence in periods of approximately a month between shipments,  through vehicles and workers of the said headquarters among which are the one with plate number two hundred one zero fifty-two, plus another  white one whose plate also begins with the number two hundred, numbers that correspond to the representation of the SINA in which they transferred packages, envelopes with direct shipments to the defendant, among which there are some whose sender is James Cason, Chief of the said Office of Interests, an individual with a frank and open interventionists attitude in the interests of Cuba since his arrival in our country in the year 2002; that among the materials that the defendant received for his independent library, that he called “Emilio Maspero” with a mural that was placed in front of it and which incited to the changing of the social system and of governmental  and economic changes. 

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 approximately of three Saturdays at his residence about the activities that he developed under the guise of human rights. That due to all these actions that the defendant carried out to implement the interventionist and hostile policies and to undermine the basis of the regime that the majority of the people had chosen freely, on March 19, 2003 a search was conducted at the residence of the defendant, where there were confiscated a black Radio Shack recorder, number seven, six, one, zero,  in working condition; five audio cassettes in their boxes, six used audio cassettes without boxes; a used Digital silver battery charger, number  two, one, eight. nine, two, four; four Digital batteries; a poster that reads, “Osvaldo José Payá Sardiñas,  Sajarov Prize to the Liberty of Conscience”; a wood mural with the inscription "Library Emilio Maspero, Subsidiary Havana C.V.T.C," two black cables apparently for a radio antenna; a black, vinyl case with the brand name Tecsun; a  nylon bag containing one hundred seventy-three transparent ballpoint pens, with blue tips without a brand name and new; three sealed, yellow envelopes from the Office of Press dated March …

 (The following section is repeated in the original document)

 2003 a search was conducted at the residence of the defendant, where there were confiscated a black Radio Shack recorder, number seven, six, one, zero,  in working condition; five audio cassettes in their boxes, six used audio cassettes without boxes; a used Digital silver battery charger, number  two, one, eight. nine, two, four; four Digital batteries; a poster that reads, “Osvaldo José Payá Sardiñas,  Sajarov Prize to the Liberty of Conscience”; a wood mural with the inscription …

 a wooden box with fifty files with documentation of a counter-revolutionary nature; a yellow file containing listings of the signatories of the Project Varela, ten color photos that show the opening of the Independent Library, twenty-one empty yellow envelopes  with the letterhead "Office of Press and Culture" addressed to Mr. David Oliva Puig, Mrs. Graciela Aguila Corrales, and Mr. Lazaro Rolando Nuñez Hernandez;  a cardboard box with forty-five pamphlets of the Universal Declaration of Human Rights, forty-six newspapers of the United States of North America, sixty-four Vitral magazines, twelve manuals of education in Human Rights, six pamphlets of the Universal Declaration of Human Rights, two pamphlets of the Declaration of Independence of the United States, two books of geography of the United States, two books with the title "Government of the United States," two books "International Protection of Human Rights for Women," seven Cubanet pamphlets, three books titled "International Instruments of Protection of Human rights," twenty-three books "Basic Studies of Human Rights", a book of  Universal of Human Rights, a pamphlet of security of the world and human rights, a book on ethics and human rights, a book titled “Idea and Life of the Report," a book titled "U.S. Literature", two books titled  "Hispanic-Cuban Magazine," a book "Human Rights" by Jesus Ballesteros, a book "Positive Right of Human Rights," a  book "Theory of the Justice of  Human Rights," a book "Fundamentals of the Human Rights of Bartolomé de las Casas,”  a book "The Human Rights'', Antonio Truyol. a book "The Human Rights,"  Hernando Valencia, a book on the liberties, sixteen prayers of Father Varela, two pamphlets “Martí in His Own Words,” a book "The Teaching of Human Rights,', a book “Education in Human Rights”, a book "The Liberties of Information and Communication in Europe,” a book "Fundamental Human Rights," a book "Informative Liberties and European Integration," a book "Journalism and Creativity," a book "The National Crisis and the Movement of Workers," a book "Seminar on Elections and Human Rights in Cuba," a book "As editing the news," a manual of good prison practices, twenty-one pamphlets "In Consultation," a magazine "What is Democracy," two pamphlets "Declaration of the Rights of the Child,” two pamphlets “Infofaxts" (sic), three pamphlets "Table of Contents," six magazines "The Dissident," two pamphlets "Principles of Treatment for Drug Addiction," three pamphlets "Economic Perspectives,” three pamphlets "Pulse of Journalism," twenty-five pamphlets of different themes related to  Human Rights, an informative manual of the United States, a book "Before a Project of Modification of the Labor Code," a book "Welcome to the United States," a book "The Anti-Man,” a book "The New Class," two pamphlets that collect subversive information from the Internet, sixty pamphlets with various information on Human Rights, a yellow envelope that contains several accusations against Cuba abroad, a yellow envelope with national newspapers clippings and notes about what is written, two yellow envelopes with handwritten documents of a counter-revolutionary nature, a book "Program of Principles of  the Democratic- Christian Party of Sweden," seven letters directed to the National Assembly on the Varela Project, ninety-one yellow, empty files,  two reams of paper with 500 sheets each, an envelope containing blank forms for the Varela Project and subversive documents, a gray  Underwood typewriter, used and good condition, twenty-eight beige Eagle double switches, two triple switches, thirteen  blue and white breakers, seventy-two chromium hinges, seventy-six black sockets, ten large plastic black combs, and, two small beige combs, sixty-six simple switch covers,  thirty double switch covers, thirteen triples switches covers, plastic and white and beige,  seventeen yellow, plastic electric outlet covers, twelve small black plastic handles for pressure cookers,. That among the material seized there are more than a hundred news items written by defendant to be disseminated abroad, making denouncements and utilizing for this distorted facts to achieve the aforementioned  purposes among which are the ones dated May 25, 2001 divulging a supposed popular demonstration of support in a farewell meeting to a dissident that had to emigrate due to the repression of the Government; February 27, 1996 announcing the rise in Artemisa of paramilitary groups in order to visit, in the early morning hours,  disarmed and peaceful people to threaten them, among others. In the same manner, among the documents confiscated there were diverse letters from the defendant addressed to the Department of Refugees of the Office of Interests of the SINA in which he vouches for the conduct of different persons before such Diplomatic headquarters for their exit from the country or protection by the foreign country, with the argument that he utilizes in all occasions being that these persons are fighters against the regime of the “totalitarian,” “discriminator,” “persecuted” and other persons dedicated to the service of the "liberty of Cuba”, “collaborators” of the news of the independent press, "sufferers of repressions by the state."  That in the same manner there was confiscated a log book of loan and consultation of the materials that he had at his house in the so-called independent library at the disposal of the public.  As the news item dated June 14, 2001 reads, about its inauguration on the first day of that very month and year, control of the year 2002 and 2003 where there appears the delivery of materials as the magazine “El Disidente”, from whose content analysis can be appreciated the interest in the carrying out of activities tending to overthrow the Government. In the same manner, there was confiscated documentation of financial aid to prisoners that they call "political" where the defendant is found as a donor.  Documented from the confiscations are also certificates of delivery of materials such as pencils, sheets of paper,  file folders and ballpoint pens, with the defendant acting as the supplier to members of the Press Agency of Artemisa.  That also found among the confiscations were articles written by the defendant for the contest "Expecting a New Twentieth of May," addressed to  Spanish friends and brothers plantados for the freedom of Cuba.  That all these documents that were confiscated were in the possession of the defendant, first, because he was the one writing them, and second, because they were a part of the activities in which his collaborators participated, with the authorities being able to document, apart from the material confiscated, that some of the news items were produced in the month of January of the present year 2003, and that he made statements via Radio Martí for the purpose of supporting the aforementioned subversive campaign directed by the government of the United States of America against Cuba, among which are found, one dated January 1, about “the urgent aspirations of civilized change that already echo in all parts. ..," or the reference to " ... never  to live among hatred, neither under the shadow of the flag stained with blood. …"  That the defendant FELIPE FUENTES for the carrying out of his activities already related, received through Efrén Fernández Fernández and from the “Movimiento Cristiano Liberacion” the sum of twenty dollars and  six hundred pesos in national currency by means of an undated document, but of the year 2002, twenty dollars and six hundred pesos in  national currency on June 27, sixty dollars on October 2, forty dollars on October 11, eighty pesos in national currency on November 15, eighty dollars December 4, forty convertible pesos and three hundred pesos in national currency on December 30,  all of them in the year 2002, and eighty dollars on January 17, 2003, money originating from the financing of the "Program Cuba" of the Agency for the International Development known by initials USAID.

 That the defendant ALFREDO FELIPE FUENTES, is a person that for more than fifteen years has had no ties to any employment, in spite the fact that he holds a college degree, a period in which he has been dedicated especially to the activities for which he is being tried without participation in activities of social interest, and without a prior criminal record.

 SECOND ULTIMATE FACT: That the Tribunal arrived at the conviction of the facts proven through the extensive, precise, and  objective evidence in the act of the oral trial that separately, integrated, and interrelated confirm what has been proven for which purpose it was considered and dismissed as adjusting to the truth the statement by the defendant who, in spite of the evidence seized during the search conducted at his residence and others that will be related afterwards, showed himself before the Court as a deceiver, self-sufficient, astute, and dishonest, which was shown in a lengthy free statement, subtly deviating from the facts that are imputed to him, that required more than one call to order, forgetful when directly asked about his activities, placing on others the responsibility for positions he held, which are well-documented, like being the director of the Press of the Centro de Prensa Occidental, as well as showing gestures of confusion, doubts, pain, and others, looking for understanding, and even support for his work which supposedly for him was non-political, and with the sole purpose related to the Theory of Human Rights. In the same manner, it was appreciated the extensive documentation of the materials confiscated from the defendant was considered where there appear more than one hundred writings of denunciations, some written by the defendant, and others by his collaborators, in which it can be appreciated, sometimes in a subtle manner and others in a more direct way, the distortion of the Cuban reality related about activities such as the services, health, the economy, the institutions of the government with a notable emphasis in the discredit, and the repressive and illegal image of the organs for the defense and the protection of  the internal security of the country, as well as of discredit to the figure of the President of the Council of State, demeaning his authority and accusing him of incorrect procedures in detriment of the nation and the interests of the people. In the same manner, in this documentation it was appreciated that the defendant directed himself to the Office of the Interests Section of the United States of America in which he vouched for the conduct of persons that wanted to emigrate, reflecting as meritorious acts of these people the fight they carried out against the prevailing state, and that of being the victims of repression, imprisonment, and abuses.  In the same manner were considered the distorted news and information appearing in other materials such as books, pamphlets and magazines, and which when evaluating in its opportunity the expert examination performed on them, the corresponding indications will be made.  It was also considered the seizure of the four TECSUN radios delivered to the defendant, of which he distributed three and kept one, equipment that was distributed by the SINA, and known are the goals why  it delivers them to people in opposition to the state,  to divulge the false accusations made against the  Cuban State,  and to gain followers to the policies represented by said Section, radio equipment that, although it can have a  use common to any other radio, its technical design  makes it a suitable means to receive a series of bands  that are inside its band frequency range that is of a great sensibility, and superior to any commercial receiver of this type that can be acquired in the country, and capable of receiving  with  high fidelity the twenty frequencies employed by the subversive radio stations, the counter-revolutionary broadcasts,  and the South Florida radio stations in their transmissions against Cuba, as it is emphasized in the opinion of the Central Criminal Laboratory in the technical inspection carried out on said equipment, items that are not marketed in the commercial network within the national territory, and that has been introduced in the country through the SINA, in an interventionist manner, and for the use already mentioned, which was of the  knowledge of the defendant when he acquired and distributed them, and with which he made use for said goals as stated by the witnesses Elio de las Mercedes  Linares Navarrete, Arnaldo Basilio Suarez Torres and Justo Alfredo López Barrios, all residents in the locality of Artemisa who, in addition, let the Court know the public way, and of defiance to the population, in which the defendant declared his participation in activities of opposition to the prevailing state, as was the listening in public places to the ill-called radio station "José Martí,” that  he did together with persons that collaborated with him in such activities, and with whom he frequently met at his residence.  Of special interest was the testimony given by the aforementioned López Barrios in reference to the solicitation made to him by the defendant to join with his activities, in spite of the knowledge the defendant had of his position in support of the Cuban State.  Also considered was the certification of the Center of Monitoring of the Cuban Institute of Radio and Television, in which are documented the news items that the defendant gave to Radio Martí in the period between  January 8 to March 2003, in spite of not being a  journalist as certified by the First vice President of the Union of Journalists of Cuba, as well as by the Secretary General of the University of Havana.  Considered also was the certification of the Director of  Associations of the Department of Justice in which it is documented  that the organizations to which the defendant belonged, such as "Movimiento Armonia”,  Centro “José de la Luz y Caballero de Derechos Humanos de Cultura y Paz”,  and Consejo Unitario de Trabajadores de Cuba do not appear as registered in the Registry under his charge.  Also considered were the eight receipts for money received by the defendant, and that was delivered to him, in accordance to the registry of seizures documented in the file of the preparatory phase number three hundred and fifty of the year 2003 from the Organ of Instruction of the Department of State Security, by Efren Fernandez Fernandez, who appears as the defendant in the said file for crimes related to those of the defendant FELIPE FUENTES, money originating from the  "Movimiento Cristiano Liberacion”,  also an illegal organization,  and money that also served to cover the  personal expenses of the defendant, who has been unemployed for more than fifteen years.  It is evident in the legal file,  and considered by the Tribunal  the certification of the Director of the International Press in which he states that the defendant has published articles, or has been mentioned in articles of the foreign media making reference to his work contrary to the interests of the Revolution and of Cuba.  Appearing documented are the aims and objectives of the program for Cuba, developed by the Agency for International Development USAID, that in the year 2001, had a budget for this program of three million two hundred forty-five thousand dollars to promote a supposed peaceful transition toward democracy in Cuba, budget which, financed by the Government of the United States of North America, allocates a part to the supposed independent journalists of Cuba, as well as to the internal dissidence, activities in which the defendant was involved.  It was also of interest to the Court  the seizure of  notebooks with telephone numbers from the defendant  that are evident in the documentary evidence, some of their pages appear in eight  photocopies, where there are the telephone numbers for the distributor of materials for the SINA, others that are related to the broadcast of news via the radio station Radio Martí, in which there appear names linked with that station such as Álvaro de Insua and Cartaya, and Angelica Mora of the said radio station, a telephone number for the Office of the Interests Section SINA and for ringleaders of the opposition to the Revolution, such as Héctor Palacios, Elizardo Sánchez, and Rafael Pedraza, and the telephone numbers and addresses for the Center for the teaching of computer science  to the internal dissidence.  It was also considered in the documentary evidence the complementary investigation of the defendant that reflects, this being corroborated by the instructor, Captain Ernesto Pérez Gil, who testified before the Court on all the facts that are evident in the conclusive report that confirmed and also expanded, that although before the year 1990 he maintained a normal conduct, from then on his conduct is in open opposition to the social and political interests of the people,  being, besides that, a person of good and respectful relations with the rest of the citizens as far as the social order is concerned, and the lack of a prior criminal record.   That as expert testimony there were considered the results of the expert examination performed by the Provincial Criminal Laboratory of  Havana on the handwritten and typewritten texts which gave as a result that of twenty-three sheets of paper that contain handwritten and typewritten texts, as well as the Underwood typewriter confiscated during the house search conducted at the residence of the defendant, and that in another part of this resolution reference is made to, it is concluded that, except for two manuscripts, the rest were written by ALFREDO FELIPE FUENTES under whose  name the comparative models were received, and that except for one typewritten text, the rest, consisting of fifteen sheets, were made by the typewriter confiscated from the aforementioned FELIPE FUENTES, that, in the same manner,  it was considered the opinion on the analysis of the contents of the literature confiscated from the defendant carried out by a commission of experts in Social Sciences of the Province of Havana, where they illustrate with examples, that the literature analyzed can be divided into literature that incites to the civil disobedience, other that incites to the promotion of changes in the Social and Government system, and another that incites the promotion of economic changes, and to that effect and in a deposition before the Court by  Master  in Sciences Omar Roque Martínez, Chief of the Commission, stated that other themes also cover and utilize phrases out of context to distort ideas of Fidel Castro, whom they criticize,  as well as  the education professionals, the formation of the programs of the substitute teachers created by the country, and especially the Program of Health. Fidel is denounced as a dictator and they try to defame his image, concluding that all the publications are counter-revolutionary and incite to the disobedience and the disloyalty to the state, proposing the need to go towards  Neo-liberalism and that no article was in favor of the Revolution.  That all this evidence, analyzed together and in its interrelation, offer a concrete vision that the defendant, for many years maintained an extensive and diverse activity against, and to incite the overthrow of the Cuban State in complicity with the policies maintained to that effect by the Government of the United States of America against Cuba, evidenced, among others things, in activities that are developed by its Office of the Interests Section in Cuba with which the defendant has maintained contact, certified by the unit of Protection for Diplomatic Missions  of the Department of the Interior, evidence that was considered, and that appears on pages five to nine, twenty-nine to thirty-one, thirty-seven to thirty-four, fifty-five, fifty-eight and sixty, ninety-three to one hundred and one, one hundred and thirty-three to one hundred and thirty-three dash one, of the file of the preparatory phase, as well as those derived from the certificate of the oral trial and the documentary evidence attached.  

 THIRD ULTIMATE FACT: That the public Prosecutor maintained as final his provisional conclusions which appear on pages  one to the six of the file of the cause.

 FOURTH ULTIMATE FACT: That the Defense maintained as final its provisional conclusions which appear on pages of the file of the charge.

 FIRST CONCLUSION OF LAW: That the facts stated as proven constitute the 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 appears in them the defendant though various actions joined illegal organizations and carried out conspiratorial activities, of incitation, distortion of the Cuban reality, discredit of the Institutions and leading figures of the government, with payment for his work in facilitating  the internal interference, all of it with the objective of enabling the policies of the Government of the United States of America to destabilize, to subvert the order in Cuba, and with it to achieve a change of regime in the country to submit it to the interests of the afore mentioned  foreign state.

 SECOND CONCLUSION OF LAW: That the defendant ALFREDO FELIPE FUENTES, is criminally responsible for the crime as author, since he committed it by himself in accordance with article eighteen section two a), of the Penal Code.

 THIRD CONCLUSION OF LAW: That in the commission of the crime concurs the aggravating circumstance prescribed in article fifty-three sub-section b), of the Penal Code since the defendant committed the crimes with the spirit of profit, since he received money for his activities, money that served him as a way of making a living since he is not employed. ---

 FOURTH CONCLUSION OF LAW: That the criminal responsibility carries with itself the civil obligation of compensating for the damages and loss caused by the action, which are not required.  

 FIFTH CONCLUSION OF LAW: That to adapt the measure of the sanction to be imposed, the Court has taken into account the social danger of the proven crimes, that has become manifest in the execution on the part of the defendant of activities of extreme gravity directed to break the internal order and to destabilize the country, collaborating with the representatives of the interests of the Government of the United States and its  agencies in order to liquidate the independence of the Cuban State.  Such activities, by its objectives, are framed in the historic intentions of the Governments of the United States of America to clash with the Cuban Revolution since the triumph of 1959, in a war unleashed by that country against ours and that is conceived as state policy, war that has had the most diverse demonstrations that include, military aggressions, biological, espionage, diplomatic, propagandistic, sabotage, terrorism, economic blockade, and others, hostile actions  that have caused enormous human and material losses to the Cuban people and unfathomable sufferings, and have also implied constant dangers as a result of the political and ideological subversion unleashed.  Some results of this aggressive and hostile state policy of the United States of America, that in its different phases has counted with elements inside the country for collaboration, is expressed in the mercenary invasion of Playa Girón, in which one hundred and seventy-six persons perished and more than three hundred were injured, the sabotage of the French ship Le Coubre[1], with a balance of a hundred and one fatalities, the number of persons dead or disappeared part of the incentive to the illegal emigration because of the Cuban Adjustment Act, the biological aggressions as the epidemic of the hemorrhaging fever of 1981, in which three million four hundred forty-four thousand two hundred three persons were affected of which a million hundred sixty-one thousand one hundred forty-three had to be hospitalized and one hundred and fifty-eight died, among them, one hundred and one  children[2], the losses by the economic blockade whose figure surpasses the seventy thousand million dollars.  This aggressive policy of the United States of America against Cuba has acquired, of late, an interventionist defiance through the Office of the Interests Section of the said Government in our country, promoting micro-groups and so-called dissidents, who are invited to its diplomatic mission, and deliver to them assorted supplies, as well as money for their personal expenses, in a direct way or by its agencies created for such ends, for the purpose of facilitating their destabilizing activities within the country, and international discredit by means of the disclosure of false situations, in order to break its independence by means of the subjugation of the country to the mandates of the aforementioned  neighboring government, that has been, and it is its purpose, all of it carried out in spite of the repeated and massive manner in which the Cuban people has supported its political system, its elections, its constitution and other institutions that govern  the country, this being well-known, both nationally and internationally. A hostile policy that has been denounced by all means on multiple occasions, in spite of which, people like the defendant carry on the activities that have been proven.  That in the same manner the Court appreciated that the seized goods served and were destined to the activities that the defendant carried out and that they should have the adequate pronouncement for their confiscation.  That in the same manner the Court considered the social conduct of the defendant, alien to socially useful activities, unemployed since approximately fifteen years ago, in spite of the benefit that he had of obtaining a university degree, whose defiant attitude in harmony with the politics of the officials of the aforementioned diplomatic mission has favored the clash with the population, that has made demonstrations of condemnation and irritation, with disrespect of the same for the prophylactic measures and of warning to the breach of the penal norms.  That in the same manner, the lack of a prior criminal record was considered by the Court.  All this was evaluated in accordance with what is prescribed in articles twenty-seven, thirty-seven, forty-three and forty-seven of the Penal Code, and  three hundred and fifty-seven of the Criminal  Procedural Law.

 JUDGMENT:  We sentence the defendant ALFREDO FELIPE FUENTES, as author of the crime of Acts Against the Independence or the Territorial Integrity of the State to Twenty-Six

Years of Deprivation of Freedom,  that he will serve in the penal establishment determined by the Department of the Interior, with credit for the time served in pre-trial detention.

 That in the same manner, an accessory sentence is imposed consisting of the Denial of Civil Rights, which entails the loss of the right to the passive and active suffrage, as well as of the right to occupy positions of management in the entities  pertaining to the political and administrative activities of the State, in state economic units and in the mass and social organizations.

 That in the same manner, as an concurrent sentence,  it is imposed the confiscation of the seized goods, and its delivery for its  free disposition to the Organ of Instruction of the Department of State Security of the Department of the Interior, consisting of a black Radio Shack recorder number seven six one zero two, in use and functioning, five audio cassettes in their boxes,  in use; six audio cassettes, a Digital, silver battery charger, number two one eight nine two four, in use; four Digital batteries, a poster that reads:  Oswaldo José Payá Sardiñas,  Sajarov Prize to the Liberty of Conscience; a wooden mural with the inscription "Library Emilio Mas pero[1], Subsidiary Havana C.V.T.C", two black cables for a radio antenna, a transparent vinyl case of ballpoint pens with blue covers without a brand name and blue, three sealed yellow envelopes from the Office of Press of the Office of the Interests Section addressed to Mr. David Oliva Puig, Mrs. Graciela Aguila Corrales, Mr. Lazaro Rolando Núñez Hernández, a wooden box containing fifty files with documentation of counter-revolutionary content,  a yellow file containing listings of the signatories of the Project Varela, ten color photos that show the Independent Library, twenty-one empty yellow envelopes with the inscription "Office of Press and Culture", a cardboard box containing forty-five pamphlets of the Universal Declaration of the Human Rights, forty-six newspapers of the United States of North America, sixty-four Vitral magazines, twelve manuals of education in Human Rights, six pamphlets of the Universal Declaration of Human Rights, two pamphlets of the Declaration of Independence of the United States, two books of Geography of the United States, two books with the title “Government of the United States", two books "International Protection of the Human Rights of Women", seven Cubanet pamphlets, three books titled "International Instruments of Protection to Human Rights, twenty-three books of "Basic Studies of Human Rights", a Universal book of Human Rights, a pamphlet of security of the world and the human rights, a book on ethics and human rights, a book titled “Idea and Life of the Report”, a book titled "U.S. Literature", two books titled "Hispanic Cuban Magazine", a book "Human Rights" by Jesus Ballesteros, a book "Right Positive of the Human Rights", a book "Theory of the Justice of  Human rights", a book "Fundamentals  of  Human Rights of Bartolomé de las Casas, a book "The Human Rights", Antonio Truyol, a book "The Human Rights" Hernando Valencia, a book on the liberties, sixteen prayers of Father Varela, two pamphlets  "Martí in His Own Words", a book "The Teaching of Human Rights", a book "Education in Human Rights", a book "The Liberties of Information and Communication in Europe", a book "Fundamental Human Rights", an Informative book “Liberties and European Integration", a book on Creativity, a book "The National Crisis and the Movement of Workers", a book "Seminar on Elections and Human Rights in Cuba", a book "Editing of the News", Manual of good prison practice", twenty-one pamphlets "In Consultation", a magazine "What is Democracy?", two pamphlets "Statement of the Rights of the Child", two pamphlets “Infofaxts", three pamphlets "Table of Contents", six magazines "The Dissident", two pamphlets "Principles of Processing for Drug addiction", three

pamphlets "Economic Perspectives", three pamphlets "Pulse of  Journalism", "twenty-five pamphlets of different themes related to Human Rights, an informative manual of the United States, a book "Before a Project of Modification of the Labor Code", a book "Welcome to the United States", a book "The Anti-Man", a book "The New Class", two pamphlets that collect subversive information from the Internet, sixty pamphlets with various information on Human Rights, a yellow envelope that contains several accusations against Cuba toward the exterior, a yellow envelope with clippings of national newspapers and notes on the texts, two yellow envelopes with handwritten documents of counter-revolutionary content, a book "Program of Principles of the Democratic-Christian Party of Sweden", seven letters addressed to The National Assembly on the Project Varela, ninety-one yellow empty files, two packages of sheets of paper of five hundred each, an envelope containing blank forms of the Project Varela and subversives, a gray Underwood typewriter, used and in good condition.  And the delivery to the internal entity of the Office of the Popular Power of Artemisa of twenty-eight Eagle brand beige double switches, two triple switches, thirteen blue and white breakers, seventy-two nickel hinges, of small size, seventy-six black sockets, ten black combs, plastics and large, two small beige combs, sixty-six simple covers of switches, thirty double covers for electrical switches, white and beige, thirteen triple switch covers, seventeen double outlet covers, twelve small handles of pressure cookers, plastics and black, thirty-two black plastic cables, thirty-five fluorescent lamp lighters and one hundred thirty-five metallic switch bridges.  

Without pronouncement on Civil Responsibility since it is not required.

The Preventive Measure of Pre-Trial Detention  for the defendant is maintained.

 Notify this resolution to the parts, advising them that, since this is a summary proceeding it is susceptible to an Appeal  before the Penal Court of the Supreme Popular Tribunal in a term of three working days after this notification and remit copies of the same to the required Organs and Institutions.

 By this our judgment, we pronounce it, order it and sign it.