Let me remind you, your laws of procedure provide that trials shall be ‘public hearings;’ however, the people have been barred altogether from this session of Court. The only civilians admitted here have been two attorneys and six reporters, in whose newspapers the censorship of the press will prevent printing a word I say. I see, as my sole audience in this chamber and in the corridors, nearly a hundred soldiers and officers. I am grateful for the polite and serious attention they give me. I only wish I could have the whole Army before me! I know, one day, this Army will seethe with rage to wash away the terrible, the shameful bloodstains splattered across the military uniform by the present ruthless clique in its lust for power. On that day, oh what a fall awaits those mounted in arrogance on their noble steeds! – provided that the people have not dismounted them long before that!
Finally, I should like to add that no treatise on penal law was allowed me in my cell. I have at my disposal only this tiny code of law lent to me by my learned counsel, Dr. Baudillo Castellanos, the courageous defender of my comrades. In the same way they prevented me from receiving the books of Martí; it seems the prison censorship considered them too subversive. Or is it because I said Martí was the inspirer of the 26th of July? Reference books on any other subject were also denied me during this trial. But it makes no difference! I carry the teachings of the Master in my heart, and in my mind the noble ideas of all men who have defended people’s freedom everywhere!
I am going to make only one request of this court; I trust it will be granted as a compensation for the many abuses and outrages the accused has had to tolerate without protection of the law. I ask that my right to express myself be respected without restraint. Otherwise, even the merest semblance of justice cannot be maintained, and the final episode of this trial would be, more than all the others, one of ignominy and cowardice.
I must admit that I am somewhat disappointed. I had expected that the Honorable Prosecutor would come forward with a grave accusation. I thought he would be ready to justify to the limit his contention, and his reasons why I should be condemned in the name of Law and Justice – what law and what justice? – to 26 years in prison. But no. He has limited himself to reading Article 148 of the Social Defense Code. On the basis of this, plus aggravating circumstances, he requests that I be imprisoned for the lengthy term of 26 years! Two minutes seems a very short time in which to demand and justify that a man be put behind bars for more than a quarter of a century. Can it be that the Honorable Prosecutor is, perhaps, annoyed with the Court? Because as I see it, his laconic attitude in this case clashes with the solemnity with which the Honorable Judges declared, rather proudly, that this was a trial of the greatest importance! I have heard prosecutors speak ten times longer in a simple narcotics case asking for a sentence of just six months. The Honorable Prosecutor has supplied not a word in support of his petition. I am a just man. I realize that for a prosecuting attorney under oath of loyalty to the Constitution of the Republic, it is difficult to come here in the name of an unconstitutional, statutory, de facto government, lacking any legal much less moral basis, to ask that a young Cuban, a lawyer like himself – perhaps as honorable as he, be sent to jail for 26 years. But the Honorable Prosecutor is a gifted man and I have seen much less talented persons write lengthy diatribes in defense of this regime. How then can I suppose that he lacks reason with which to defend it, at least for fifteen minutes, however contemptible that might be to any decent person? It is clear that there is a great conspiracy behind all this.
Honorable Judges: Why such interest in silencing me? Why is every type of argument foregone in order to avoid presenting any target whatsoever against which I might direct my own brief? Is it that they lack any legal, moral or political basis on which to put forth a serious formulation of the question? Are they that afraid of the truth? Do they hope that I, too, will speak for only two minutes and that I will not touch upon the points which have caused certain people sleepless nights since July 26th? Since the prosecutor’s petition was restricted to the mere reading of five lines of an article of the Social Defense Code, might they suppose that I too would limit myself to those same lines and circle round them like some slave turning a millstone? I shall by no means accept such a gag, for in this trial there is much more than the freedom of a single individual at stake. Fundamental matters of principle are being debated here, the right of men to be free is on trial, the very foundations of our existence as a civilized and democratic nation are in the balance. When this trial is over, I do not want to have to reproach myself for any principle left undefended, for any truth left unsaid, for any crime not denounced.
The Honorable Prosecutor’s famous little article hardly deserves a minute of my time. I shall limit myself for the moment to a brief legal skirmish against it, because I want to clear the field for an assault against all the endless lies and deceits, the hypocrisy, conventionalism and moral cowardice that have set the stage for the crude comedy which since the 10th of March – and even before then – has been called Justice in Cuba.
It is a fundamental principle of criminal law that an imputed offense must correspond exactly to the type of crime described by law. If no law applies exactly to the point in question, then there is no offense.
The article in question reads textually: ‘A penalty of imprisonment of from three to ten years shall be imposed upon the perpetrator of any act aimed at bringing about an armed uprising against the Constitutional Powers of the State. The penalty shall be imprisonment for from five to twenty years, in the event that insurrection actually be carried into effect.’
In what country is the Honorable Prosecutor living? Who has told him that we have sought to bring about an uprising against the Constitutional Powers of the State? Two things are self-evident. First of all, the dictatorship that oppresses the nation is not a constitutional power, but an unconstitutional one: it was established against the Constitution, over the head of the Constitution, violating the legitimate Constitution of the Republic. The legitimate Constitution is that which emanates directly from a sovereign people. I shall demonstrate this point fully later on, notwithstanding all the subterfuges contrived by cowards and traitors to justify the unjustifiable. Secondly, the article refers to Powers, in the plural, as in the case of a republic governed by a Legislative Power, an Executive Power, and a Judicial Power which balance and counterbalance one another. We have fomented a rebellion against one single power, an illegal one, which has usurped and merged into a single whole both the Legislative and Executive Powers of the nation, and so has destroyed the entire system that was specifically safeguarded by the Code now under our analysis. As to the independence of the Judiciary after the 10th of March, I shall not allude to that for I am in no mood for joking … No matter how Article 148 may be stretched, shrunk or amended, not a single comma applies to the events of July 26th. Let us leave this statute alone and await the opportunity to apply it to those who really did foment an uprising against the Constitutional Powers of the State. Later I shall come back to the Code to refresh the Honorable Prosecutor’s memory about certain circumstances he has unfortunately overlooked.
I warn you, I am just beginning! If there is in your hearts a vestige of love for your country, love for humanity, love for justice, listen carefully. I know that I will be silenced for many years; I know that the regime will try to suppress the truth by all possible means; I know that there will be a conspiracy to bury me in oblivion. But my voice will not be stifled – it will rise from my breast even when I feel most alone, and my heart will give it all the fire that callous cowards deny it.
From a shack in the mountains on Monday, July 27th, I listened to the dictator’s voice on the air while there were still 18 of our men in arms against the government. Those who have never experienced similar moments will never know that kind of bitterness and indignation. While the long-cherished hopes of freeing our people lay in ruins about us we heard those crushed hopes gloated over by a tyrant more vicious, more arrogant than ever. The endless stream of lies and slanders, poured forth in his crude, odious, repulsive language, may only be compared to the endless stream of clean young blood which had flowed since the previous night – with his knowledge, consent, complicity and approval – being spilled by the most inhuman gang of assassins it is possible to imagine. To have believed him for a single moment would have sufficed to fill a man of conscience with remorse and shame for the rest of his life. At that time I could not even hope to brand his miserable forehead with the mark of truth which condemns him for the rest of his days and for all time to come. Already a circle of more than a thousand men, armed with weapons more powerful than ours and with peremptory orders to bring in our bodies, was closing in around us. Now that the truth is coming out, now that speaking before you I am carrying out the mission I set for myself, I may die peacefully and content. So I shall not mince my words about those savage murderers.
I must pause to consider the facts for a moment. The government itself said the attack showed such precision and perfection that it must have been planned by military strategists. Nothing could have been farther from the truth! The plan was drawn up by a group of young men, none of whom had any military experience at all. I will reveal their names, omitting two who are neither dead nor in prison: Abel Santamaría, José Luis Tasende, Renato Guitart Rosell, Pedro Miret, Jesús Montané and myself. Half of them are dead, and in tribute to their memory I can say that although they were not military experts they had enough patriotism to have given, had we not been at such a great disadvantage, a good beating to that entire lot of generals together, those generals of the 10th of March who are neither soldiers nor patriots. Much more difficult than the planning of the attack was our organizing, training, mobilizing and arming men under this repressive regime with its millions of dollars spent on espionage, bribery and information services. Nevertheless, all this was carried out by those men and many others like them with incredible seriousness, discretion and discipline. Still more praiseworthy is the fact that they gave this task everything they had; ultimately, their very lives.
The final mobilization of men who came to this province from the most remote towns of the entire island was accomplished with admirable precision and in absolute secrecy. It is equally true that the attack was carried out with magnificent coordination. It began simultaneously at 5:15 a.m. in both Bayamo and Santiago de Cuba; and one by one, with an exactitude of minutes and seconds prepared in advance, the buildings surrounding the barracks fell to our forces. Nevertheless, in the interest of truth and even though it may detract from our merit, I am also going to reveal for the first time a fact that was fatal: due to a most unfortunate error, half of our forces, and the better armed half at that, went astray at the entrance to the city and were not on hand to help us at the decisive moment. Abel Santamaría, with 21 men, had occupied the Civilian Hospital; with him went a doctor and two of our women comrades to attend to the wounded. Raúl Castro, with ten men, occupied the Palace of Justice, and it was my responsibility to attack the barracks with the rest, 95 men. Preceded by an advance group of eight who had forced Gate Three, I arrived with the first group of 45 men. It was precisely here that the battle began, when my car ran into an outside patrol armed with machine guns. The reserve group which had almost all the heavy weapons (the light arms were with the advance group), turned up the wrong street and lost its way in an unfamiliar city. I must clarify the fact that I do not for a moment doubt the courage of those men; they experienced great anguish and desperation when they realized they were lost. Because of the type of action it was and because the contending forces were wearing identically colored uniforms, it was not easy for these men to re-establish contact with us. Many of them, captured later on, met death with true heroism.
Everyone had instructions, first of all, to be humane in the struggle. Never was a group of armed men more generous to the adversary. From the beginning we took numerous prisoners – nearly twenty – and there was one moment when three of our men – Ramiro Valdés, José Suárez and Jesús Montané – managed to enter a barrack and hold nearly fifty soldiers prisoners for a short time. Those soldiers testified before the Court, and without exception they all acknowledged that we treated them with absolute respect, that we didn’t even subject them to one scoffing remark. In line with this, I want to give my heartfelt thanks to the Prosecutor for one thing in the trial of my comrades: when he made his report he was fair enough to acknowledge as an incontestable fact that we maintained a high spirit of chivalry throughout the struggle.
Discipline among the soldiers was very poor. They finally defeated us because of their superior numbers – fifteen to one – and because of the protection afforded them by the defenses of the fortress. Our men were much better marksmen, as our enemies themselves conceded. There was a high degree of courage on both sides.
In analyzing the reasons for our tactical failure, apart from the regrettable error already mentioned, I believe we made a mistake by dividing the commando unit we had so carefully trained. Of our best trained men and boldest leaders, there were 27 in Bayamo, 21 at the Civilian Hospital and 10 at the Palace of Justice. If our forces had been distributed differently the outcome of the battle might have been different. The clash with the patrol (purely accidental, since the unit might have been at that point twenty seconds earlier or twenty seconds later) alerted the camp, and gave it time to mobilize. Otherwise it would have fallen into our hands without a shot fired, since we already controlled the guard post. On the other hand, except for the .22 caliber rifles, for which there were plenty of bullets, our side was very short of ammunition. Had we had hand grenades, the Army would not have been able to resist us for fifteen minutes.
When I became convinced that all efforts to take the barracks were now useless, I began to withdraw our men in groups of eight and ten. Our retreat was covered by six expert marksmen under the command of Pedro Miret and Fidel Labrador; heroically they held off the Army’s advance. Our losses in the battle had been insignificant; 95% of our casualties came from the Army’s inhumanity after the struggle. The group at the Civilian Hospital only had one casualty; the rest of that group was trapped when the troops blocked the only exit; but our youths did not lay down their arms until their very last bullet was gone. With them was Abel Santamaría, the most generous, beloved and intrepid of our young men, whose glorious resistance immortalizes him in Cuban history. We shall see the fate they met and how Batista sought to punish the heroism of our youth.
We planned to continue the struggle in the mountains in case the attack on the regiment failed. In Siboney I was able to gather a third of our forces; but many of these men were now discouraged. About twenty of them decided to surrender; later we shall see what became of them. The rest, 18 men, with what arms and ammunition were left, followed me into the mountains. The terrain was completely unknown to us. For a week we held the heights of the Gran Piedra range and the Army occupied the foothills. We could not come down; they didn’t risk coming up. It was not force of arms, but hunger and thirst that ultimately overcame our resistance. I had to divide the men into smaller groups. Some of them managed to slip through the Army lines; others were surrendered by Monsignor Pérez Serantes. Finally only two comrades remained with me – José Suárez and Oscar Alcalde. While the three of us were totally exhausted, a force led by Lieutenant Sarría surprised us in our sleep at dawn. This was Saturday, August 1st. By that time the slaughter of prisoners had ceased as a result of the people’s protest. This officer, a man of honor, saved us from being murdered on the spot with our hands tied behind us.
I need not deny here the stupid statements by Ugalde Carrillo and company, who tried to stain my name in an effort to mask their own cowardice, incompetence, and criminality. The facts are clear enough.
My purpose is not to bore the court with epic narratives. All that I have said is essential for a more precise understanding of what is yet to come.
Let me mention two important facts that facilitate an objective judgement of our attitude. First: we could have taken over the regiment simply by seizing all the high ranking officers in their homes. This possibility was rejected for the very humane reason that we wished to avoid scenes of tragedy and struggle in the presence of their families. Second: we decided not to take any radio station over until the Army camp was in our power. This attitude, unusually magnanimous and considerate, spared the citizens a great deal of bloodshed. With only ten men I could have seized a radio station and called the people to revolt. There is no questioning the people’s will to fight. I had a recording of Eduardo Chibás’ last message over the CMQ radio network, and patriotic poems and battle hymns capable of moving the least sensitive, especially with the sounds of live battle in their ears. But I did not want to use them although our situation was desperate.
The regime has emphatically repeated that our Movement did not have popular support. I have never heard an assertion so naive, and at the same time so full of bad faith. The regime seeks to show submission and cowardice on the part of the people. They all but claim that the
