[Following is an English translation of the text of the charges filed by the Cuban government against independent journalists Raúl Rivero CASTAÑEDA and Ricardo González Alfonso. Translation by Renato Pérez of The Miami Herald.]

CITY OF HAVANA, MARCH 31, 2003

EFP No. 348/03 D.S.E.
PROVISIONAL ACCUSATORY
CONCLUSIONS BY THE PROSECUTOR
(Art. 278 L.P.P.)

CRIME: ACTS AGAINST THE INDEPENDENCE OR
THE TERRITORIAL INTEGRITY OF THE STATE

DEFENDANTS: RICARDO SEVERINO GONZALEZ ALFONSO.
RAUL RAMON RIVERO CASTAÑEDA.

TO THE COURT DEALING WITH CRIMES AGAINST THE SECURITY OF THE STATE:

THE PROSECUTOR SAYS: That he submits the contents of the above mentioned dossier, considering them to be complete, and asks that the case be resolved according to the following petitions:

A) Defendants RICARDO SEVERINO GONZALEZ ALFONSO and RAUL RAMON RIVERO CASTAÑEDA should be restrained through a cautionary measure of provisional imprisonment.
B) Charges should be preferred and an oral trial should be held, whereupon he
formulates the following:

PROVISIONAL CONCLUSIONS:

FIRST: That the government of the United States, through its Interests Section in Cuba, with the leading participation of James Cason, chief of the diplomatic delegation in Havana, has prioritized domestic subversion with the objective of destroying the Cuban Revolution.

To achieve their conspiratorial purposes, they have procured the aid of unpatriotic individuals who are willing to furnish them with information and to obey their orders, among whom are the restrained defendants RICARDO SEVERINO GONZALEZ ALFONSO and RAUL RAMON RIVERO CASTAÑEDA, who carry out subversive activities intended to affect the independence and territorial integrity of Cuba.

That is why, beginning in the 1990s and to this day, they adopted a facade as self-described independent journalists to discredit the Cuban system of government, its institutions, leaders and social system, with the goal of bringing together some counter-revolutionaries who might lend themselves to act in harmony with the goals of the United States government.

Beginning in 1992, defendant RAUL RAMON RIVERO CASTAÑEDA identified himself as an independent journalist.

Thus, having received the promise of economic aid from functionaries, diplomats and other persons living abroad, he illegally created in 1995 a counter-revolutionary group with subversive purposes, which they named "Cuba Press,'' whose ringleader is defendant RAUL RAMON RIVERO CASTAÑEDA, and devoted himself, along with RICARDO SEVERINO GONZALEZ ALFONSO, to disseminate false news to satisfy the interests of their sponsors in the U.S. government.

For the purpose of developing activities aimed at obeying the orders they received from the U.S. government, defendant RICARDO SEVERINO GONZALEZ ALFONSO and defendant RAUL RAMON RIVERO CASTAÑEDA on May 30, 2000, conceived, under the guise of a legal endeavor, a source of information required by the U.S. government, which they called "Manuel Marquez Sterling Society of Independent Journalists,'' which is an illegal organization.

Both defendants propitiated the birth of a subversive magazine they titled "From Cuba,'' to provide false information and facilitate American aggression against the Cuban social system.

Defendant GONZALEZ ALFONSO continued with his despicable acts and in 2000 created and established at his home a library that, in accordance with the interfering focus of the Americans, they called an "independent'' library, full of books with subversive themes, most of which were received as gifts from the United States Interests Section in Havana.

Similarly, defendant GONZALEZ ALFONSO has participated in meetings with different persons whose behavior is similar to his. He was visited on different occasions, with the intention of organizing and supporting tasks that justify American aggression, by the lady who at the time was Chief of the United States Interests Section in Cuba, Vicky Huddleston and the Second Secretary for Culture and Press, Mariam Mackay, as well as other national and foreign subversive elements who attended the scheduled meetings.

Insatiable in his quest for easy money, in April 2002, through the citizen named Manuel David Orrios, living abroad, he [GONZALEZ ALFONSO] established contact with a Web page on the Internet called "Cubanet,'' which is put together for the purpose of publishing counter-revolutionary documents by the self-described Cuban Independent Press, where he placed articles that distort the reality in Cuba, receiving payment for his harmful writings and also periodically obtaining, as the fruit of his links with journalists and agencies of the type described above, suitcases containing medicine, clothing and equipment for the furtherance of his subversive activities.

Around the year 2000, he began to collaborate as an informer for the conservative and anti-Cuban newspaper "El Nuevo Herald,'' charging more than three hundred dollars a month for the deliberately false and aggressive writings he produced against the Cuban nation.

Persisting in his behavior in favor of the hostile policy of the United States against Cuba, he [GONZALEZ ALFONSO] joined the Cuban American National Foundation, a terrorist organization based in Miami, United States, and received from its members propaganda material that deals with topics against, and aimed at defeating, Cuba's political and social system.

Likewise, it has been established that he joined a branch of the terrorist Cuban American National Foundation, the Hispanic-Cuban Foundation, to which he delivered information written by him, which was published in a magazine this organization publishes in Spain.

He [GONZALEZ ALFONSO] has maintained contact with functionaries of the United States Interests Section in Havana, principally with the current chief, James Cason, and the Second Secretary for Culture and Press, Nicholas Gioccobbe. This shows the defendant goes to the abovementioned office for the purpose of supplying manipulated and false information relative to the political, social and economic situation in Cuba, which the government of the United States utilizes for hostile acts against our country.

Likewise, he [GONZALEZ ALFONSO] goes to the United States Interests Section in Havana to receive instructions, request books, cultural pamphlets or other informative materials taken from the Internet that have counter-revolutionary content and serve to subvert the social order. Likewise, he attends meetings and luncheons with the current Chief of the Interests Section named above, in the company of other members of the counter-revolutionary petty groups, at which meetings subversive topics are discussed and strategies are exchanged to destroy the political and social structure of Cuba.

With the payment received for his mercenary labor, defendant GONZALEZ ALFONSO repaired his home, laying down rugs, installing an air conditioner and computers, as well as thirty plastic chairs. This was where meetings of several people were held behind closed doors, among the participants being the Second Secretary for Press and Culture of the United States Interests Section in Havana and other American functionaries who gave out orders and subversive instructions.

Among the articles confiscated from defendant GONZALEZ ALFONSO were a fax with telephone and answering machine (Panasonic brand), a Panasonic telephone with answering machine and memory, a minicassette recorder, typewriters, a 1970 Tecsun radio, a Grundig digital radio, a video camera, two computers (one of them a laptop), a scanner, a digital camera, a computer printer, several CD Roms, and audio and video cassettes, books and documents containing information intended to subvert the economic, political and social system of Cuba, all of these supplied by the United States Interests Section. Also, several copies of the magazines "Our Cuba'' and "Cuban Light,'' two minicassette recorders with recordings of interviews done by him, which are destabilizing and were sent to the Radio Martï station, and telephone books listing, among others, the telephone numbers of the United States Interests Section and the functionaries who work there.

Beginning in 2000, defendant RIVERO CASTAÑEDA began to supply weekly reports to the website "Encounter on the Web,'' belonging to the Inter-American Press Association, charging for every article and also receiving income from other publications. All his writings showed a manifest intent to destabilize the Cuban state.

He also worked with defendant RICARDO SEVERINO GONZALEZ ALFONSO in the preparation of another facade to provide information to the U.S. government, which they called "Manuel Marquez Sterling Society,'' and together propitiated the birth of the subversive magazine they titled "From Cuba,'' with similar objectives.

He [RIVERO CASTAÑEDA] also has performed as salaried correspondent for the subversive French agency "Reporters Without Borders.'' Also, with similar intent, he wrote subversive articles for the magazine "Encounter'' and the website "Encounter on the Web,'' both of which paid him for every contribution and always notified him about the topics the United States needs to maintain its hostile policy aimed at overthrowing the Cuban Revolution.

He [RIVERO CASTAÑEDA ] also maintained close relations with the rest of the counter-revolutionary groups in Cuba; he participated in the illegal release in Havana of a book with destabilizing ideas and strategies titled "Where He Was Sworn,'' an event attended by James Cason, who persisted in his search for false news about the Cuban reality.

The defendant repeatedly made statements, live, on the ill-named Radio Marti, a terrorist radio station based in Miami, all of which were against the Cuban revolutionary process.

Likewise, he habitually sent writings to the ringleaders of counter-revolutionary organizations, such as Juan Granados, and to the agent of U.S. intelligence services Frank Calzon, which facilitated the dissemination of his counter-revolutionary materials and the payments for his mercenary activities.

Defendant RIVERO CASTAÑEDA also is a member of the aforementioned terrorist organization Hispanic-Cuban Foundation, of which he is a patron.

Confiscated during an inspection of the home of defendant RIVERO CASTAÑEDA were a Sony radio, a recorder, a battery charger, a typewriter, a Samsung laptop personal computer with attachments, a video camera adapter, several audio and video cassettes containing information destined to subvert the economic, political and social system of Cuba, five books titled "Ojo Pinta'' written by RAUL RIVERO, eighteen envelopes containing newspaper articles, clippings of independent press articles belonging to RAUL RIVERO, three files containing documents from the so-called independent press, as well as other materials of a subversive nature.

The restrained defendant RAUL RAMON RIVERO CASTAÑEDA, citizen of Cuba, born in Camaguey, the son of Esineo Tiburcio and Hortensia Edma, married, fifty-seven years old, attended college, jobless, without a criminal record but displaying bad behavior because he frequently meets with antisocial persons with whom he exchanges a negative influence, speaks in foul language about the revolutionary process, disobeys the official warnings he is given, is a provocateur, and has no respect for the norms of social coexistence.

The restrained defendant RICARDO SEVERINO GONZALEZ ALFONSO, citizen of Cuba, born in Havana, the son of Antonio and Graciela, fifty-three years old, a high-school senior, jobless, without a criminal record but displaying bad social behavior because of his persistent calls to illicit meetings and demonstrations, frequently disrupts public order, disobeys the official warnings he is given for being a provocateur, is a destabilizing person and shows no respect for the community and social values.

SECOND: These actions constitute the crime of ACTS AGAINST THE INDEPENDENCE OR TERRITORIAL INTEGRITY OF THE STATE, as described and sanctioned in Article 91 of the Penal Code.

THIRD: The restrained defendants are the authors of the crimes charged according to Article 18, Sections 1 and 2, Subsection (a) of the Penal Code.

FOURTH: Concurrent are the aggravating circumstances of penal responsibility, described in subsections (a), (b), (c), (e), (n) and (o) of Article 53 of the Penal Code for both defendants, with the application of the extraordinary aggravation of the sanction described in Section 2 of Article 54 of the Penal Code.

FIFTH: The sanctions that must be imposed on the defendants are the following:

For the restrained defendant RICARDO SEVERINO GONZALEZ ALFONSO, a sanction of PERPETUAL PRIVATION OF FREEDOM.

For the restrained defendant RAUL RAMON RIVERO CASTAÑEDA, a sanction of TWENTY YEARS PRIVATION OF FREEDOM.

The provisions of Articles 37, Sections 1 and 2; Article 43, Sections 1 and 2, and Article 44, Sections 1 and 2 of the Penal Code apply to both defendants.

CIVIL RESPONSIBILITY: CANNOT BE DEMANDED.

ADDENDUM: The evidence the Prosecution intends to present is described in Sections (A), (B), (C), and (D) hereunder:

A. Statements from the defendants, if they agree to make them.

B. Documentary evidence, including all evidence attached hereto and the showing of films that illustrate the activities of the defendants.

C. Testification, with a stress on the appearance in court of the persons mentioned in the attached list, so they may testify about the facts, authors and circumstances specified in each case.

D. Expert evidence, with a stress on the appearance in court of the experts, so they may confirm, modify or amplify on their findings.

ADDENDUM: Attached are four copies of this document.

LIST OF WITNESSES:

Rita Sutil Yero; 730 86th St., between Seventh and Ninth, Playa.
A neighbor of GONZALEZ ALFONSO, she will state that she has witnessed gatherings of several people at the defendant's home, attended by functionaries of the United States Interests Section in Cuba, and will testify to his links with members of the Cuban American National Foundation.

Dalia de los Santos Rojas; 705 86th St., between Seventh and Ninth, Playa.
She will explain that GONZALEZ ALFONSO, in addition to the above, has maintained, with subversive objectives, contact at his home with functionaries of the United States Interests Section, who dropped off packages at his home.

Basilia María Tamayo Pena
She will state that, for some time now, GONZALEZ ALFONSO has been repairing his home, laying down rugs, installing air conditioning and computers, as well as thirty plastic chairs for the meetings of several persons behind closed doors, and will identify functionaries of the United States Interests Section in Cuba as participants.

Ada Curros Subirats; Peñalver 473, between Franco and Oquendo, Centro Habana.
She will demonstrate that RIVERO CASTAÑEDA conducted subversive meetings in his home with different persons who share his counter-revolutionary conduct; that he was visited at home, for subversive purposes, by persons and cars from the United States Interests Section, at which time he received pamphlets and magazines, among other written material with counter-revolutionary content they brought in their vehicles; that he gave them false news about the current situation in Cuba for publication in newspapers abroad and for use in interviews.

Justo Inocencio Palacios Naranjo; Peñalver 471, between Franco and Oquendo, Centro Habana.
He will corroborate the statements of the previous witness and will add that RIVERO CASTAÑEDA communicated with Radio Marti to transmit false information and reports against the Cuban Revolution, and that he frequently visited the United States Interests Section in Cuba for similar purposes.

Arnulfo Roberto Rodrïguez Puerto; Peñalver 459, between Franco and Oquendo.
He will state that RIVERO CASTAÑEDA has handed out newspapers, pamphlets and other materials of a subversive nature to various neighbors; he will confirm the visit of persons in cars belonging to diplomatic missions; will say the defendant devotes himself to distorting the Cuban reality in the interviews he gives and to communicate false news to different foreign media so said news may be published to the detriment of Cuba.

Acadia Isabel García Delgado; Peñalver 471, between Franco and Oquendo, Centro Habana.
She will confirm the statements of the previous witnesses.

Lt. Col. Vladimir Batlle Rodríguez, an instructor at the Department of State Security.
He will refer to the evidence obtained and the results of the investigation conducted.

EXPERTS:

1. Capt. (Engineer) Justo Esteban Mesa Fernández
Maj. (Advocate) Antonio García Rivero
TOPIC: The use of radios.
- Statement about the technical condition of the sets confiscated from both defendants.
- These radios are not sold in Cuba.
- The design of these radios, from the technical parameters standpoint, enables them to receive transmissions from abroad.

2. Computer technology; computerized equipment and devices confiscated.

1st Lieut. Jorge Alberto Cuba Marchan
Capt. (Advocate) Ernesto Vladimir Pico Abello
Lieut. (Advocate) Ramsés Dupuy Mercader

The technical condition of the equipment and its contents. In the case of the equipment taken from Ricardo Severino, testimony about documents and articles confiscated.

In the case of Raúl Rivero, the expert witness will be Lieut. (Advocate) Ramsés Dupuy Mercader.


/signed/ Prosecutor (Advocate) Miguel Angel Moreno Carpio.