tatus:
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>from: [EMAIL PROTECTED]
>subject: The People of Cuba vs. USA Government Pts I,II
>© Copyright GRANMA INTERNATIONAL DIGITAL EDITION. La Havana. Cuba
>
>THE PEOPLE OF CUBA VS. THE GOVERNMENT
>OF THE UNITED STATES FOR HUMAN DAMAGES
>
>TO BE SUBMITTED TO THE CIVIL AND ADMINISTRATIVE COURT
> OF LAW AT THE PROVINCIAL PEOPLE'S COURT IN CITY OF HAVANA
>
>* Attorney Juan Mendoza Díaz, attorney Leonardo B. Perez Gallardo,
>attorney Magaly Iserne Carrillo and attorney Ivonne Pérez Gutiérrez,
>on behalf of and representing the following social and mass
>organizations from the Republic of Cuba comprising almost all of the
>population in the country:
>
>1. Central Trade Union of Cuba (CTC), represented by worker Pedro
>Ross Leal, a Social Sciences major and General Secretary of the
>organization.
>
>2. National Association of Small Farmers (ANAP), represented by
>farmer Orlando Lugo Fonte, a Social Sciences major and chairman of
>the organization.
>
>3. Federation of Cuban Women (FMC), represented by Chemical Engineer
>Vilma Espín Guillois, president of the organization.
>
>4. Federation of University Students (FEU), represented by Carlos
>Manuel Valenciaga Díaz, recently graduated from "Enrique JoséVarona"
>Higher Pedagogical Institute, leader of the organization.
>
>5. Federation of Middle-level Education Students (FEEM), represented
>by Yurima Blanco García, a senior student at "Amadeo Roldan"
>Provincial Music School, leader of the organization.
>
>6. "José Martí" Children's Organization, represented by Niurka
>Dumenigo Garcia, a Social Communication major, leader of the
>organization's National Board.
>
>7. Committees for the Defense of the Revolution (CDR), represented by
>Juan Contino Aslan, an accountancy major and national coordinator of
>the organization.
>
>8. Association of Combatants of the Cuban Revolution (ACRC),
>represented by Commander of the Revolution Juan Almeida Bosque,
>president of the organization.
>
>We hereby appear in writing and in full accordance with the law, we
>say:
>
>That we have come to file suit against the Government of the United
>States of America in Ordinary Proceedings on Compensation for
>Damages.
>
>That this suit is based on the following:
>
>FACTS
>
>FIRST: That the triumph of the Cuban Revolution on January 1st, 1959
>meant for the people of Cuba -- for the first time in its long
>history of struggles -- the conquest of true independence and
>sovereignty, with a death toll of about 20,000 people who perished in
>direct and heroic combat against the forces of a military
>dictatorship trained, equipped and advised by the United States
>government.
>
>The revolutionary victory in Cuba was one of the most humiliating
>political defeats the United States sustained after it became a great
>imperialist power. This determined that the historic dispute between
>the two nations would enter a new and more acute stage of
>confrontation characterized by the implementation of a brutal policy
>of hostility and all sorts of aggressions emanating from the United
>States and aimed at the destruction of the Cuban Revolution, the
>recapture of the country and the return to the neocolonial domination
>system that it had imposed on Cuba for over a century and which
>it definitely lost over 40 years ago.
>
>The war unleashed by the United States against the Cuban Revolution,
>conceived as a state policy, has been historically proven and can be
>fully confirmed by multiple information released in that country as
>of late showing a number of political, military, economic,
>biological, diplomatic, psychological, propagandist and spying
>actions; the execution of acts of terrorism and sabotage; the
>organization and logistic support of armed bandits and clandestine
>groups of mercenaries; the encouragement of defection and migration
>and the attempts at the physical elimination of the leaders of the
>Cuban revolutionary process.
>
>All this has been exposed in very significant public statements made
>by senior officials of the U.S. government as well as in the
>countless and irrefutable evidences accumulated by the Cuban
>authorities. Also, numerous declassified secret documents are
>particularly eloquent and although not all have been released those
>that already have suffice to fairly prove the grounds for this claim.
>
>One of the documents annexed in confirmation of the events described
>is the already declassified "Program of Covert Actions against the
>Castro Regime" approved on March 17, 1960 by United States President
>Dwight D. Eisenhower. The second, entitled the Cuban project and
>introduced on January 18, 1962 by Brigade General Edward Landsdale to
>the highest echelons of the Unites States government and the National
>Security Council special expanded group contains the list of 32
>covert actions to be carried out by the agencies and departments
>taking part in the so-called Operation Mongoose.
>
>Every hostile and aggressive action conducted by the U. S. Government
>against Cuba from the very triumph of the Revolution up to the
>present has caused enormous material and human losses and
>incalculable suffering to the people of this country as well as
>hardships resulting from the shortage of medication, food and other
>indispensable means of life which we deserve and have the right to
>obtain with our honest labor.
>
>Likewise, the political and ideological subversion which resulted in
>a continual, extensive and unjustified distress endured by all the
>people has posed constant dangers and caused damages characterized by
>their pervasive presence and almost immeasurable scope. This has
>jeopardized an accurate assessment which we are not including this
>time for the purpose of this lawsuit in order to strictly limit
>ourselves to the content of the restitution for moral damages as
>prescribed by the Cuban Civil Code presently in force, although we do
>not renounce our right to do it in due course.
>
>Pursuant to international practice, a State is responsible for the
>damages caused by the behavior and actions -- in legislative, as well
>as in administrative and judicial terms -- of its agents and
>officials, and even for the actions of each country's citiens, if the
>corresponding authorities in said State fail to take preventive or
>suppressive measures. Thus, it is its duty to compensate for such
>damages in compliance with what is universally rated as civil
>liability.
>
>Accordingly, the United States of America, as a State represented by
>its government, is accountable for the damages caused to Cuban
>citizens and entities due to the unlawful actions undertaken by its
>agencies, departments, representatives, officials or the Government
>itself.
>
>SECOND: That the recent declassification in the United States of a
>report produced by Central Intelligence Agency (CIA) Inspector
>General Lyman Kirkpatrick on October 1961, with a review of the
>reasons for the failure of the Bay of Pigs invasion -- as it is
>called in America -- has revealed that the covert operations
>organized in Washington against Cuba began in the summer of 1959, a
>few weeks after the adoption of the Land Reform Law on May 17, that
>year.
>
>In the month of October, President Eisenhower approved a program
>proposed by the Department of State and the CIA to undertake covert
>actions against Cuba, including air and naval pirate attacks and the
>promotion of, and direct support to, counter-revolutionary groups
>inside Cuba. According to the document, the operations were to have
>succeeded in making the overthrow of the revolutionary regime look
>like the result of its own mistakes.
>
>Those days saw the beginning of a campaign of flights over Cuban
>territory by small aircraft coming from the United States with such
>missions as the infiltration of agents, weapons and other equipment
>and the realization of acts of sabotage, bombings and other acts of
>terrorism.
>
>On October 11, 1959, a plane dropped two firebombs on the Niagara
>sugar mill in Pinar del Río province. On October 19, another two
>bombs were hurled from the air over the Punta Alegre sugar mill in
>Camagüey province. On October 21, a twin-engine aircraft machine-
>gunned the city of Havana, killing several people and injuring dozens
>while another light aircraft dropped subversive propaganda. On
>October 22, a passenger train was machine-gunned in Las Villas
>province. On October 26, two light aircraft attacked both the Niagara
>and Violeta sugar mills.
>
>From the very month of January 1960, while that year's sugar harvest
>was in full swing, the number of flights over sugar-cane plantations
>multiplied. On January 12 alone, 500,000 arrobas [1 arroba equals 25
>pounds] of sugar cane were set on fire from the air in Havana
>province. On January 30, over 50,000 arrobas were lost at the
>Chaparra sugar mill in the former province of Oriente and, on
>February 1st , more than 100,000 arrobas were set alight in Matanzas
>province.
>
>Other air attacks followed: on January 21st, a plane dropped four
>100-pound bombs over the urban areas of Cojímar and Regla, in the
>nation's capital. On February 7, 1960, a light plane set afire 1.5
>million arrobas of sugar cane in the Violeta, Florida, Céspedes and
>Estrella sugar mills in Camagüey province.
>
>On February 18, a plane that was bombing the España sugar mill in
>Matanzas province was destroyed in mid air by one of its own bombs.
>The pilot was identified as Robert Ellis Frost, a U.S. citizen. The
>flight card registered the plane's departure from Tamiami airport in
>Florida. Other documents found on the corpse revealed that on three
>previous occasions the pilot had taken part in similar flights over
>Cuba.
>
>On February 23, several light aircraft sprayed incendiary capsules
>over the Washington and Ulacia sugar mills in the former province of
>Las Villas, as well as over Manguito in Matanzas province. On March
>8, another light aircraft dropped inflammable substances over the
>area of San Cristóbal and set alight more than 250,000 arrobas of
>sugar cane.
>
>At that stage, along with the bombing, strafing and burning missions,
>there were successive flights over Havana and almost every other
>province in the country with the aim of spreading subversive
>propaganda. Dozens of such flights were recorded just in the first
>three months of 1961. In the aforementioned report by Lyman
>Kirkpatrick on the Bay of Pigs invasion, it was stated that "at the
>time of the invasion, 12 million pounds of leaflets had been dropped
>over Cuba", leaflets containing counter-revolutionary propaganda. In
>his report, the high-ranking CIA officer described the steps that had
>been taken from August 1959 by a paramilitary group from that
>institution.
>
>This is but an example. The covert war against Cuba had begun, with
>high intensity, in the year 1959 itself. An infinite number of
>hostile and aggressive actions, impossible to list in detail, would
>follow in the coming years.
>
>The Inspector General of the Central Intelligence Agency recognized
>that "from January 1960, when it had 40 people, the branch expanded
>to 588 by April 16, 1961, becoming one of the largest branches in the
>Clandestine Services". He meant the CIA station in Miami which
>concentrated on activities against Cuba.
>
>There is a mountain of evidence, background information and facts
>that cannot possibly be ignored.
>
>What is beyond question is that, in just a few weeks, the hemorrhagic
>dengue epidemic in Cuba -- where it had never existed -- had affected
>a total of 344,203 people, a figure with no known precedent in any
>other country of the world. Another record was set when 11,400 new
>patients were reported in a single day on July 6, 1981.
>
>A total of 116,143 people were hospitalized. About 24,000 patients
>suffered from hemorrhaging and 10,224 suffered some degree of dengue-
>induced shock.
>
>One hundred and fifty-eight people died as a result of the epidemic,
>including 101 children.
>
>The whole country and all its resources were mobilized to fight the
>epidemic. The vector's presence was strongly and simultaneously
>controlled in all of Cuba's towns and cities, using all possible
>means and with products and equipment urgently bought from anywhere,
>including the United States. A request was made to the United States
>through the Pan-American Health Organization and finally, in the
>month of August, an important larvicide was purchased. Chemicals and
>equipment were brought in, often by plane and sometimes from
>countries as far away as Japan, whose factories sold Cuba thousands
>of individual motor fumigators. Malathion had to be brought from
>Europe at a transportation fee of 5,000 dollars a ton, that is, three
>and a half times the cost of the product.
>
>In addition to the existing hospital network, dozens of boarding
>schools were turned into hospitals in order to isolate every new
>patient reported, without exception. At the same time, intensive care
>units were built and equipped in all of the country's children's
>hospitals.
>
>The last infected case was reported on October 10, 1981.
>
>If it had not been for this enormous effort, tens of thousands of
>people, the vast majority of them children, would have died. An
>epidemic that many experts had forecast would take years to eradicate
>was eradicated in little more than four months. The adverse economic
>impact was also considerable.
>
>The list of the dead as a result of the epidemic is authenticated
>through the corresponding certification issued by the Ministry of
>Public Health, and attached as document number 22.
>
>THIRD: That barely fifteen months after the revolutionary victory,
>armed banditry was planned and finally unleashed by the United States
>government, practically all over Cuba. It began in 1960 under the
>Republican Administration of President Eisenhower and lasted five
>years until 1965.
>
>Its main thrust would be on the Escambray, region in the former
>province of Las Villas, which now comprises the provinces of Villa
>Clara, Cienfuegos and Sancti Spíritus. A so-called front operated in
>that zone with columns, bands and a commanding post. Weeks before the
>Bay of Pigs mercenary invasion, 40,000 workers and students from the
>nation's capital, supported by local forces from the central region
>and peasants and farm workers from the Escambray and organized in
>militia battalions, surrounded and rendered helpless that bulwark
>which was to have co-operated with the invasion forces. Hundreds of
>bandits were captured and their number reduced to a minimum in those
>critical days.
>
>Those bandits, organized by the CIA, had the support of the U. S.
>Government which made the greatest efforts and resorted to every
>possible means to supply them with weaponry, ammunition, explosives,
>communication equipment and general logistics. To this end, the U.S.
>government used different routes by air, by sea and even via
>diplomatic channels through the United States embassy in Havana,
>until relations were severed at the beginning of 1961.
>
>In this respect, the previously mentioned report by the CIA Inspector
>General explicitly recognized the logistical support provided by that
>institution to the mercenary bands. One example is the so-called
>Operation Silence, which consisted of the United States Central
>Intelligence Agency carrying out twelve air operations between
>September 1960 and March 1961 in order to supply the bandits with
>arms, ammunition, explosives and other equipment. About such
>operation the author of the report stated: "In all, about 151,000
>pounds of arms, ammunition and equipment were transported by air."
>
>On September 29, 1960, a four-engine plane dropped a cache of weapons
>over the Escambray mountains, near the Hanabanilla waterfall. On
>November 7, a plane dropped another cache of arms over the area of
>Boca Chica, near El Condado village on the Escambray mountain range.
>On December 31st, another package was dropped over the area known as
>Pinalillo, between Sagua and La Mulata, in Cabañas in Pinar del Río
>province. On January 6, 1961, an aircraft dropped twenty parachutes
>with arms, ammunition, explosives and communication equipment between
>El Condado and Magua, in Trinidad, Las Villas province. On January 7,
>the following day, an aircraft dropped U.S. weapons between Cabañas
>and Bahia Honda, Pinar del Río.
>
>On February 6, a plane dropped thirty parachutes with arms,
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