Desde Dentro de Cuba.

Distribuido por Cuba Free Press, Inc. - http://www.cubafreepress.org

03 de Febrero del 2000

CORRESPONDENT DETAILS INDICTMENT AGAINST MIGDALIA ROSADO AND OSCAR BISCET. By Odalys Victores, for Cuba Free Press.

Havana.- Of the three documents the government gave the pacifist dissident and open opponent of the government, Migdalia Rosado of the Tamarindo 34 Human Rights group, the first is the summons. It is a much smaller page than that known as letter size and has no letterhead. It has only a stamped impression which says "Republic of Cuba" but that is not even completely on the page. On the upper right side it says, "Copy to be delivered to the person to whom the summons is directed."

The summons says: Mrs. Migdalia Rosado Hernandez resident of Tamarindo 34, 5th floor, between 10th of October Rd and Rabbi 10th of October. In case number 18 of 2000, the Special Criminal Court of the 10th of October People's Municipal Court has directed to make delivery to you of the copies of the accusatory conclusions which are enclosed, requiring at once that you designate an attorney for your defense, unless one has already been designated, under warning that if not done in the proceeding or not later than five days, one will be appointed for you at the government's initiative. Havana CIty, January 26, 2000 M.G.C. Secretary (without signature)

At the Criminal Court of the 10th of October Municipal Court the prosecutor says: That, finding them complete, the prosecutor files with the court the methods of presenting proof from the preparatory phase number 63 of 1999, established by the Regional Unit of Police Proceedings 3 of Havana City and, authorized by what is ordered in Article 278 of the Criminal Procedure Law, is interested in proceeding in conformity with the petitions which are drawn up as follows:

A) To have as defendants OSCAR ELIAS BISCET GONZALEZ, resident of Acosta Number 474 between Eighth and Ninth, Lawton, 10th of October; and MIGDALIA ROSADO HERNANDEZ, resident of Tamarindo Street, Number 34, 5th floor, between 10th of October Road and Rabbi 10th of October, both at liberty by these proceedings.

B) To bring the proceeding as a criminal prosecution and to open the case to the presenting of evidence, to which end she draws up the following charges:

PROVISIONAL CONCLUSIONS FIRST: That the defendants OSCAR ELIAS BISCET GONZALEZ AND MIGDALIA ROSADO HERNANDEZ, by mutual agreement, on Feb. 22, 1999 at approximately 8:30 in the morning, with the purpose of disturbing the peace of the citizenry, personally appeared at Nuestra Senora de Regla St, between Remedios and Quiroga, in Luyano, 10th of October Municipality, specifically outside the 10th of October Childrens Maternity Teaching Hospital, carrying posters made out of pieces of cardboard, with handwritten texts containing phrases such as "NO TO ABORTION," "NO TO THE DEATH PENALTY" and others offensive to the medical staff of said hospital institution, cataloging them as "Assassins" and "Criminals" which provoked an agglomeration of people who were passing by the place or were in the social service center, as soon as the medical and paramedic staff who started to reproach the offensive, disrespectful and provocative actions of the accused, and proceeded to pick up and tear up the posters that had been placed in the entrance of the security force, in front of which the accused persisted in their intentions of harming the pubic order, shouting taunting phrases like those previously noted, which created an altercation, which was actually enough to interrupt the normal functioning of the hospital and create uneasiness and anxiety in the patients and other citizens who found themselves at the place.

The accused OSCAR ELIAS BISCET GONZALEZ, is a native of Havana, 38 years of age, married, son of Luis and Hilda, with identity card number 610720013682; he has not performed any useful social activity since March 1998, on which date he was penalized from working when he practiced the profession of physician at the 10th of October Childrens Maternity Teaching Hospital, for violating the discipline and rules of the center. He is the ringleader of the counterrevolutionary group "Lawton Human Rights Foundation."

He has connections only with antisocial elements, is a recluse and a counterrevolutionary, maintaining ties with groups made up of individuals of the same stamp; he has taken part in various scandals taking the chief role in public streets and he provides false and twisted accounts about our revolutionary progress to subversive radio stations situated in Miami, U.S.A.

The accused MIGDALIA ROSADO HERNANDEZ is a native of Havana, is 57 years of age, unmarried, daughter of Rene and Aracelis, with identity card number 42111301711; released from work since 1994 for appropriating merchandise for herself in the grocery store where she worked, which caused her to be penalized from working, linking herself since that date to counterrevolutionary groups, getting to know only hostile elements to revolutionary progress, she has participated in various public scandals.

SECOND: These acts are consecutive of the crime of public disorders, anticipated and penalized by Article 201.1.2 of the Penal Code.

THIRD: The defendants OSCAR ELIAS BISCET GONZALEZ AND MIGDALIA ROSADO HERNANDEZ are responsible as perpetrators of a crime according to what is decreed in Article 18.1.2(a) of the Penal Code.

FOURTH: There are no aggravating or attenuating circumstances present, nor educational restraints.

FIFTH: The punishment that should be imposed against the defendant OSCAR ELIAS BISCET GONZALEZ is that of THREE YEARS OF IMPRISONMENT and FINE OF 500 ALLOTMENTS OF 10 PESOS EACH; and against the defendant MIGDALIA ROSADO HERNANDEZ is that of TWO YEARS OF IMPRISONMENT and FINE OF 300 ALLOTMENTS OF 5 PESOS EACH, with the incidental of Article 37.1.2 of the Penal Code.

FURTHERMORE: The proof which the prosecutor intends to make use of in the presenting of the prosecution's evidence is that which is set forth as follows:
A) Declaration of the accused, if they were to consent.
B) Documentary of pages 59, 60, 61, 62, 63 and 64 of the dossier (comprising the offensive and provocative conduct of the accused OSCAR ELIAS BISCET GONZALEZ).
C) Witnessing according to the list set forth, in order that they may testify about the perpetrators, acts or circumstances concerning the legal status of the said persons.

LIST OF WITNESSES: 1) Alejandrina Pinera Diaz, resident of Aguacate number 156 between San Juan de Dios and O'Reilly, in order that she may testify about the provocation made by the defendants, the means they employed, the acts which they carried out, and the consequences which said acts caused (f-7 and 48).
2) Asuncion Tellez Tarra, resident of Marques de la Torres number 233 between Mango and Quiroga, Lawton, 10th of October, (the same) f-9 and 50.
3) Tania Torres Mackulloc, resident of E St. number 4 between Anita and Goicuria, Arroyo Naranjo (the same) f-8 and 49.
4) Lt. Jose Aguila Lago, police instructor.

FURTHERMORE: Two copies of the present indictment are attached. Havana City, January 7, 2000
"Year of the 40th Anniversary of the Decision of Fatherland or Death."
Prosecutor. A stamp to the side says: Office of the General Prosecutor of the Republic. A signature is seen which appears to be that of Edelmira Pedriz.

Cuba Free Press readers can compare the account published on Feb. 2 where Mrs. Migdalia Rosado Hernandez, after having received these papers, explained her version of the events. These events were documented at the time and there exist photographs which will allow viewers to observe the attitudes of those involved. It should not be so difficult to realize who is telling the truth.

Odalys Victores, for Cuba Free Press.


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