Humboldt 7 massacre

Humboldt 7 massacre
Humboldt 7 massacre
Part of the Cuban Revolution
	(L to R) Fructuoso Rodriguez, Joe Westbrook, Faure Chomon, Juan Pedro Carbó, Mexico City, 1956.
Date	20 April 1957
Location	Havana, Cuba; 23°08′33″N 82°22′40″W�� / 23.142519°N 82.377759°WCoordinates: 23°08′33″N 82°22′40″W / 23.142519°N 82.377759°W
Caused by	Failed Havana Presidential Palace attack (1957), attempted seizure of Radio Reloj radio station Betrayal by Marcos Rodríguez Alfonso
Goals	To kill DRE revolutionaries (police)
Methods	Surprise raid
Resulted in	Havana police victory
Parties to the civil conflict
Directorio Revolucionario Estudiantil (DRE)	Havana police
Lead figures
Fructuoso Rodríguez Pérez; Juan Pedro Carbó Serviá; José Machado Rodrigues; Joe Westwood Rosales	Lt. Colonel Esteban Ventura Novo
Casualties
Death(s)	Fructuoso Rodríguez Pérez, Juan Pedro Carbó Serviá, José Machado Rodrigues, and Joe Westwood

Humboldt 7 location.

The Humboldt 7 massacre was the extrajudicial killing of four unarmed Directorio Revolucionario Estudiantil (DRE) revolutionaries by Cuban police on 20 April 1957 in Havana, Cuba, during the Cuban Revolution. It occurred when a contingent of Cuban police, led by Lt. Colonel Esteban Ventura Novo, entered apartment 201 of Humboldt 7, a residential building where the revolutionaries were staying. The four men who were killed in the incident took part in the 1957 Havana Presidential Palace attack and the seizure of the Radio Reloj station at the Radiocentro CMQ Building.

Prior to the incident, police often arrested or assassinated suspected revolutionary figures, and they were searching for the four men for their involvement in the attacks on the Presidential Palace and the Radiocentro CMQ Building. The men were betrayed by Marcos Rodríguez Alfonso (also known as "Marquitos"), a fellow revolutionary who was against the conflict to remove Fulgencio Batista from power. After an argument with the men, he informed Lieutenant Colonel Esteban Ventura of their location; police promptly converged on the area and shot the men while they attempted to flee.^[1]^[2]^[3]

The incident was referred to as an assassination and a massacre after it occurred, and the event greatly reduced support for the police. The incident was covered up by police officials until a post-revolution investigation in 1959. Marquitos was arrested in 1961 and, after a double trial, he was sentenced by the Supreme Court to the penalty of death by firing squad on 2 April 1964.^[4]^[5]

Background[]

The attacks on the Presidential Palace and Radio Reloj provoked a strong reprisal by the Havana police as they launched one of the worst waves of repression and violence across the city. Police squads, of their own initiative, went after opposition leaders who had not participated in the attacks, including Carlos Márquez Sterling, an attorney and professor of law and economics at the University of Havana, President of the Constitutional Convention, and signer of the 1940 Constitution of Cuba. One of the casualties was an attorney and former senator Dr. Pelayo Cuervo Navarro, a figure in the opposition and leader of the Ortodoxo Party. Pelayo Cuervo was assassinated by the police the night of 13 March and is buried at the Colon Cemetery.^[6]

DRE members hide[]

Eleven days after the assault on the Presidential Palace, on 24 March 1957, some of the surviving members of the Directorio Revolucionario Estudiantil met at the home of Andrés Silva on Calle L in el Vedado to discuss and analyze the recent actions of the attacks. Present were Fructuoso Rodríguez Pérez, Joe Westwood Rosales, and Faure Chomón, among others.

The DRE agreed to appoint Rodríguez as Secretary General of the Revolutionary Directorate; to appoint Luan Pedro Carbó Serviá and José Machado Rodrigues ("Machadito") as members of the executive board; and to publish a document addressed to the country explaining the events of 13 March. It was further agreed that Chomón should go abroad to secure arms, and that the rest of the DRE should remain in Havana.

A week later, the DRE met again in the basement of a house on 19th Street between B and C, in el Vedado, the place from where the Radio Reloj assailants had departed for the attack on 13 March. This would be the last meeting that Rodríguez would preside over. According to the plans, those that attacked the Radio Reloj station would regroup at the University of Havana, with the aim of reinstalling the headquarters of the DRE. When Rodríguez, Westbrook, Oliveras, and others arrived, they decided to place a .30 caliber machine gun on the steps of the university and in two strategic places within the campus. A short while later, Chomón arrived wounded, and reported on the failed assault on the Palace. It was decided that the militants would withdraw before Batista's forces, far superior in men and equipment, surrounded the university.

The situation for the DRE became increasingly difficult, as the police were raiding most of the houses and apartments they were using. On 9 or 10 April, Rodríguez and another member of the group moved to a house on Calle 17 in el Vedado. There, Rodríguez saw his wife Marta Jiménez for the last time; she was in an advanced stage of pregnancy.^[7]

For several days, the group repeatedly moved to different safehouses, sometimes multiple times each day, to the point that they were using roughly one safehouse per day.

At dawn on 15 April, Machadito looked out the window of an apartment safehouse, observed that a patrol car was guarding the block, and immediately warned the others; however, nothing came of it. The next morning he saw the patrol car again; this time, its occupants were talking with the night watchman. Machadito thought they were pointing at the apartment window; believing they were surrounded and that a clash with Batista's police was inevitable, Machadito alerted the others, and they went outside with pistols to confront the police. However, it was a false alarm, and the police were not there.

The group continued to move from safehouse to safehouse. Feeling restless and paranoid, Machadito traveled by bus to make an asylum request with a journalist from El País; this failed, and the group continued moving, eventually reaching a shelter in the premises of the Pharmaceutical College on Malecón, where they stayed until the night of 19 April. Meanwhile, Westbrook secured apartment 201 of Humboldt 7, where the group went at midnight on 19 April.

On the morning of 20 April, Oliveras had arranged to pick up Westbrook that afternoon at his girlfriend's house and take him to Humboldt 7, but it took him longer than expected and Westbrook, eager to meet with his comrades, asked his girlfriend to take him there.^[8]^[9]

Marcos Rodríguez Alfonso's betrayal[]

A photograph of Lt. Colonel Esteban Ventura Novo.

Marcos Rodríguez Alfonso ("Marquitos") was a revolutionary and member of the DRE. While Marquitos did not support Batista, he also did not support the use of violence to remove him from power, which put him at odds with the other members of the DRE. Marquitos reportedly betrayed the others over an argument at Humboldt 7, likely over the use of violence, and left the apartment after feeling Westbrook hurt his self-esteem.^[5]

Marquitos contacted Lt. Colonel Esteban Ventura Novo of the police's Fifth Precinct in Havana. Lt. Colonel Ventura was known for reportedly being brutal and corrupt, having ordered the killings and torture of many revolutionaries, including several militants that participated in the attack on the Presidential Palace.^[10] Marquitos said he contacted Lt. Colonel Ventura due to his reputation as an "executioner".^[11]

Humboldt 7[]

Fulgencio Oroz attempts to lift Fructuoso Rodriguez after the Humboldt Massacre.

The situation of the group became increasingly difficult with each passing day as the apartments that the Directorio Revolucionario Estudiantil had used on March 13, as well as others that they had in reserve, were falling into the hands of the police. In the midst of enormous tension, some of the youth who were being persecuted began to seek refuge in other parts of the city. On April 9 or 10, Fructuoso and another member of the group moved to a house on Calle 17 between Calles 26 and 28, in el Vedado. Fructuoso saw his wife Marta Jiménez, who was in an advanced stage of pregnancy, for the last time.[1]

Shortly thereafter, they went to an apartment on Calle Ayuntamiento at the corner of San Pedro, in El Cerro. Later they went to a house on Calle Tercera between A and B, in Vedado and then spent the night one day in a doctor's office, on Calle 25 at the corner of I, also in el Vedado.

On April 14, both companions moved to an apartment on General Lee Street, in La Víbora, where Fructuoso would meet Carbó and Machadito. Joe was staying elsewhere.

Joe left the university along with other classmates, first going to a boarding house and then to the house of a journalist where he separated from his companions. A few days later he went to the basement of the house on 19th Street. Joe had been hiding in Marianao and at his girlfriend's house on 18th Street in el Vedado.

Juan Pedro Carbó Serviá and José Machado (Machadito) after retiring, injured in the Presidential Palace attack, circumvented police harassment and took different paths. After many vicissitudes and constant changes of refuge, both arrived at the basement of 19th Street house.

When they decided to leave this place for security reasons, Rodríguez Loeches moved them to a house on Calle Aramburu between Jovellar and the old Espada Cemetery in the Barrio de San Lázaro. Then, García Oliveras took them to the apartment on calle General Lee, in La Víbora, where they joined Fructuoso.

At dawn on April 15, Machadito saw a patrol car was guarding the block and immediately informed the others, but the event had no consequences. The next morning he saw the patrol car again, this time its occupants were talking with the night watchman and it seemed to him that he was pointing to the apartment window.

Machadito thought they were surrounded and feared that a clash with Batista's police was inevitable. Quickly, the three combatants got dressed, grabbed their pistols, and went out to the street to confront the police, but it was a false alarm, the police had not detected them. There were too many coincidences and the men no longer felt safe in the apartment, so they agreed to leave for a house reserved for emergencies that Machadito had in Zapata on the corner of 2, in el Vedado. It was late in the morning, and immediately the three student leaders walked several blocks before taking a bus to the Zapata house.

The situation worsened every day. The police looked for the Palace attackers by making surprise searches, arresting innocent citizens, torturing them, looking for any clue that would lead them to the attackers. After many days of insomnia and tension, Machadito was restless. He traveled by bus to request asylum from an "El País" journalist, but the effort failed.

They moved again to a house on 30th Street between 35 and Kohly Avenue, in Nuevo Vedado. Then they got shelter in the premises of the Pharmaceutical College, which was located on Malecón, between Galiano and San Nicolás, where they stayed until the night of the 19th.

On Monday the 22nd, García Oliveras informed Machadito that he could take refuge in an embassy. Meanwhile, Joe Westbrook secured the 7 Humboldt apartment, where the three revolutionaries finally went at midnight on the 19th.

In the morning of the 20th nothing foreshadowed what would occur in the afternoon. García Oliveras had arranged to pick up Joe Westbrook that afternoon at his girlfriend's house and take him to Humboldt #7, but it took him longer than expected and Joe, eager to meet with his comrades, asked his girlfriend to take him. At that time, and due to an informer (punished later by the Revolutionary government), the Batista police knew of the location where the four leaders of the Directory were hiding.^[8]^[12]

Incident[]

Havana police at the door of apartment 201. The policeman with the glasses appears to be Lt. Colonel Esteban Ventura Novo.

At approximately 5:50 PM,^[5] a squad of policemen, led by Lt. Colonel Ventura, surrounded Humboldt 7. They made their way to the door of apartment 201 and used the stocks of their guns to knock.^[a]

Realizing the police had found them, Westwood managed to get to the apartment 202 on the ground floor and, with the neighbor's permission, he sat on a sofa in the living room and pretended to be a visitor. When a policeman knocked on the door of apartment 202, Westbrook reassured the neighbor and she opened the door. The police identified Westbrook and moved in; the neighbor asked the police not to hurt him, but they ignored her. Westbrook was a few feet down the hall when the police opened fire, killing Westbrook instantly.

The other revolutionaries left through a vent that led to apartment 101. Unaware that they were surrounded on all sides, they split up in different directions. When Carbó tried to get to the elevator, policemen identified him and shot him. Fructuoso and Machadito jumped out of a window into the downstairs hall. However, the window was too high, and when they hit ground, Fructuoso was knocked unconscious and Machadito broke both ankles. When the latter tried to get up, the policemen opened fire, killing both.

The bodies of the four revolutionaries were dragged along the sidewalk to the corner to the outrage of nearby residents, who shouted "Assassins!" at the police.^[13]

Killed in the massacre were Fructuoso Rodríguez Pérez, Juan Pedro Carbó Serviá, José Machado Rodrigues, and Joe Westwood Rosales.

It is unknown if the Havana police sustained any casualties during the raid, or if any civilians or bystanders were injured.

Aftermath[]

Havana policemen at Humboldt 7 after the shooting.

Three days after the massacre, Marquitos took refuge in the Brazilian embassy alongside other revolutionaries. Two months later, they left for Central America. After spending time in Costa Rica, Argentina, and Mexico, Marquitos returned to Cuba on 28 January 1959, later traveling to Czechoslovakia on a film scholarship. In Prague, he met the military delegation of Raúl Castro and accompanied them to France. He remained in Prague for two years; during this time, no attempts were made to return him to Cuba, as investigators were not sure if he was involved and thus did not suspect him.^[5]

Some time later, Marquitos received a message from the Brazilian ambassador in Cuba to go to another country. The message was intercepted by Eastern Bloc intelligence services, who informed Osvaldo Sánchez and Commander Ramiro Valdés about Marquitos' location; by then, he was a suspect, as Marta Jiménez (Fructuoso's widow) and others were insisting he was the informant. He was promptly brought to Cuba, taken into custody, and charged with aiding the enemy. He was taken to Villa Marista, where he was interrogated for two-and-a-half years. With officials unable to obtain guilt for his betrayal in Humboldt 7, attention towards him relaxed. In Villa Marista, he worked as a nurse's aide and played baseball.^[5]

The Ministry of the Interior was required to make Marquitos confess or release him; however, the insistence of Jiménez and others prevented them from releasing him, as doing so would have made it appear that the government supported Marquitos. At the end of 1962, Marquitos' interrogations were headed by investigator Vicente Gutiérrez, a former Popular Socialist Party (PSP) member. Gutiérrez made his first conclusion: “If all of the occupants of apartment 201 were killed on the spot, who could have informed Ventura that Marcos escaped?"^[5]

Gutiérrez and the other investigators questioned Felipe Mirabal, the former second chief of the Batista Cuban secret police who was imprisoned in La Cabaña, but the resource did not work and he was returned to prison. However, while interrogating Marquitos, they pretended someone had indeed placed him at the meeting with Lt. Colonel Ventura. They told Marquitos to write about the most recent events in his life; when he did, he did not mention the argument the group had in the morning at Humboldt 7. During Marquitos' trial, Gutiérrez explained his discovery: "The lie was that when he recounted the visit to Humboldt's apartment, he pointed this out as a cordial visit in which he held friendly conversations with classmates. It does not reflect anything of the incident that occurred and for this reason this increases the suspicions, which are now irrefutable, that he is Humboldt's informer."^[5]

Lt. Colonel Ventura was eventually reassigned to the Ninth Precinct in Zapata. He fled Cuba after the revolution and moved to the United States, where he reportedly founded a private security company. The Cuban government repeatedly requested his extradition to try him for war crimes; the U.S. government refused. Lt. Colonel Ventura died of a heart attack in Miami, Florida in 2000, at the age of 87.^[10]

Betrayal[]

Marcos Rodríguez Alfonso at trial, March 14 to March 19. An appeal from a conviction was heard by the Supreme Court from March 23 to March 30. Havana, Cuba

After the assault of March 13 on the Presidential Palace the survivors hid in various apartments throughout Havana seeking safety. In the case of Fructuoso Rodríguez, Juan Pedro Carbó and Machadito, they wandered for 38 days until they reached Hum-boldt 7. Joe Woestbrook, finding refuge from the first moment in the house of his girlfriend Dysis Guira, did not suffer the same vicissitudes. After wandering for days, they find the apartment of Humboldt 7, obtained by another young revolutionary, Pérez Cowley, with the knowledge of Marquitos. When they arrived at Humboldt 7 in the early morning, they find Joe Westbrook and Marquitos. An argument between Juan Pedro Carbó and Marquitos is the cause of the betrayal of the 4 revolutionaries by Marquitos.^[5]

Joe Westbrook insulted and hurt Marquitos self-esteem. This was his primary motivation to disclose the location of the group to Esteban Ventura. That day, at 5:50 p.m., the four men were surrounded and murdered. Three days later, Marquitos took refuge in the Brazilian embassy, where there were members of other revolutionary organizations. Two months later he left for a country in Central America and after spending a short time in Costa Rica, Mar-quitos was invited by Dysis Guira to visit Argentina, where Guira had taken refuge. In December 1957 Marquitos arrived in Mexico and stayed for a year. There Marquitos meets communist leaders Joaquín Ordoqui and his wife Edith García Buchaca. On January 28, 1959, Marquitos returned to Cuba and later traveled to Prague on a film scholarship. In the Czech capital, he coincides with the military delegation of Raúl Castro. He is appointed to accompany Commander Pilón and other soldiers to France, this was a manifest action in the absence of suspicion. In the almost two years that Marquitos remained in Prague, no steps were taken to return him to Cuba. Why? The conviction was missing, there was no probative element of an accusation.^[5]

Some time later he receives a message from the Brazilian ambassador in Cuba to go to another country. The message is intercepted by friendly intelligence services, who inform Osvaldo Sánchez and he warns Commander Ramiro Valdés about Marquitos' steps. He is ordered to arrest and return him to Cuba under charges of collaborating with the enemy. An important observation for those who think that the PSP helped him: Marquitos's custodians on the return trip were PSP militants. For two and a half years he remains in detention and is interrogated in 5th grade, and 14 and later in Villa Marista by officials of the State Security. Unable to obtain guilt for his betrayal in Humboldt 7, attention towards him relaxes. In the Villa Marista office he works as a nurse's aide and plays base-ball, evidence of the lack of evidence against him. Interrogator Caldeiro asked his boss, Hamel Ruiz, to be resettled in another case as he was unable to obtain his confession. It was necessary to make him confess or release him. That was the dilemma that was presented to the leadership of the Ministry of the Interior. The insistence of Marta Jiménez (Fructuoso's widow) and other companions that Marquitos was the traitor inhibited them from releasing him. Releasing him would have led to an opinion contrary to the government for supporting the alleged informer.^[5]

Faced with this dilemma, they chose to make one last effort. At the end of 1962, the Head of State Security decided to double the interrogation to obtain his confession. They brought investigator Vicente Gutiérrez, a former Partido Socialista Popular (PSP) member, into the case. The momentum given to the case began to shift in a better direction. Vicente Gutiérrez made his first conclusion: “If all the occupants of apartment 201 on Hum-boldt 7 were killed on the spot, who could have informed Ventura that Marcos escaped? Marquitos would have to be the informer."^[5]

If the statement made by Vicente were true: "The delay for years to do justice is explained by the unrestricted support enjoyed by Marcos Rodríguez", then it would not have happened that a Partido Socialista Popular militant would have reached that conclusion. However, having reached that first step, it was necessary to get his confession. Vicente Gutiérrez and the two interrogators did not rest in their efforts. They thought that Felipe Mirabal, former second chief of the SIM, imprisoned in the Cabaña, could help in the clarification; but the resource did not work and he was returned to prison. However, the ruse of having someone who identifies him for having been at the meeting with Esteban Ventura continued to be used. They put Marcos to write about the most recent events in his life and then they found something that would give the final impulse to the case. Marquitos did not refer to the discussion that arose that morning of the meeting in Humboldt 7. Vicente Gutiérrez explained it during the trial in an enlightening way: "The lie was that when he recounted the visit to Humboldt's apartment, he pointed out this as a cordial visit in which holds friendly conversations with classmates. It does not reflect anything of the incident that occurred and for this reason, this increases the suspicions, which are now irrefutable, that he is Humboldt's informer 7." It is Vicente who manages to find his weakest point in the Marquitos story. It is necessary to reiterate that the person who discovers it is a member of the PSP, who scrutinizes the smallest details of the event. The DR was suspicious, but could not prove it. So, the two questions already mentioned: why he was able to hide his betrayal and the participation of other people in helping Marquitos are discarded. Now, let's look at the difference between support and protection. If the protection had existed, then Ordoqui could have influenced Vicente Gutiérrez, a former member of the PSP. Something important to underline: there was a veiled criticism of the revolutionary government. Because if Ordoqui actually gave Marquitos unrestricted support, the revolutionary government also participated in the compromise. As the saying goes, whoever kills the cow is as guilty as the one who holds its leg.^[5]

Another fact to take into account. During Marcos Rodríguez's time in detention at La Cabaña, his father visits Ordoqui and suggests that he go see his son. Ordoqui's response. "No, it is not good to go see him, he must show his innocence. It is not possible for a political leader to make an appearance at State Security. The father tells him: "I am his father." I understand it, but I am a political leader who should not get involved in the problems of investigations being carried out by State Security. I am sure that they are doing well." During one of the interrogations, Marcos was asked if he had betrayed them for money. Then he said no. "No, for money, no!" Thus they finally obtained their confession in 1963, but it was not until 1964 that the trial was held. Before Fidel travels to Moscow, they inform him of Marquitos' confession. He gave instructions to Raúl and Dorticós to be the one who would handle the case. Sometime later, a letter from Marquitos taken from La Cabaña by his father reaches the hands of Faure Choumón, who talks to Ramiro and he forwards it to Dorticós. The president told Fidel that the trial could no longer be delayed.^[5]

Trial[]

Marcos Rodríguez Alfonso sitting on the accuser's bench at his trial, March 23 to March 30, Havana, Cuba.

It seems at first like a political matter, when the representatives of the Directorio Revolucionario Estudiantil express that the denouncement was the result of sectarianism, and on those words rested the evidence of his betrayal. Carlos Rafael replied: "Sectarianism does not breed denunciation. It is bad, it is harmful, it isolates us from the masses and the people, but it does not engender whistleblowers or traitors." It is from that judgment, in April 1964, that the two opinions on the fact emerge and that is why the judgment acquires a political character.^[5]

In 1964 the revolutionary courts of the Castro government tried and convicted Marcos Rodríguez Alfonso, aka “Marquitos”, for tipping Esteban Ventura Novo of the Havana police to the 7 Humboldt hideout. The trial lasted from March 14 to March 19. An appeal from a conviction was heard by the Supreme Court from March 23 to March 30 and the court's decision was announced April 1, 1964.^[14]

Marcos Rodríguez Alfonso confessed during his trial:

Marcos Rodríguez: I cannot find words to be able to narrate such a crime that for it I deserve death. To me it was difficult to accept that I did such a thing. That is why I always tried through all means to hide, to distort, because it seemed to me that I had not done that. It was so monstrous, so inhuman, so cruel, so horrible that I could not accept that I had done such a thing.

Interrogator: Why did you precisely call Ventura? And not just someone else.

Marcos Rodríguez: I primarily thought of him because he was an executioner. That's why I did it. Frankly, I cannot continue. Excuse me.^[15]

Marcos Rodríguez Alfonso was executed on April 2 by a firing squad. There was no official announcement.[2] [3] [4]^[8]^[12]

Marquitos innocent?[]

Was Marquitos the Humboldt 7 informer?[]

Nicolás Águila argued in 2015 that Marquitos was sentenced with no solid evidence presented at the trial regarding his alleged denunciation. Apart from suspicions and inconclusive circumstantial evidence, the only "evidence" at work in the summary was the defendant's confession, extracted after three years of detention and under the pressure of strong interrogations and confrontations with high-ranking leaders of the regime; including a confrontation with Fidel Castro in the role of interrogator. Marquitos was sentenced to capital punishment after a long politicized process, one plagued by irregularities and arbitrary procedures. The ex-officio appeal to the Supreme Court in practice turned into a second trial.

Marquitos was accused, seven years after the fact, of having been the informer who handed over to the Police four members of the Revolutionary Directorate (DR) who were refugees in an apartment on 7 Humboldt Street, in Havana, after participating in the assault on the Presidential Palace and in the seizure of the Radio Reloj station on March 13, 1957. The four young militants were mercilessly massacred on April 20, 1957, by the police forces under the command of the then-captain Esteban Ventura Novo, a repressor with a notorious bloodthirsty record in Havana.

Is denunciation a crime?[]

It was not in Batista's time and much less after that denunciations have never been classified as a criminal offense in the Cuban penal code, on the contrary, it has been encouraged and even rewarded (paid) by both dictatorships. It can be understood as a civic duty to report to the police if the existence of a group of fugitives hiding in a home is known.

The young people of Humboldt 7 may be considered idealistic revolutionaries, according to the romantic perception of the time, but taking over a station (Radio Reloj) at gunpoint and attacking the Presidential Palace through a commando operation, with the balance of many dead and wounded, constitute facts of extreme gravity under any government, dictatorial or not. The alleged denunciation of Marquitos, as disgusting as it may be, was not in itself a crime that deserve such a drastic penalty.

Marquitos, Águila argues, should not have been sentenced to death under any legal concept as whatever law they were following was retroactively applied, in a trial without procedural guarantees, a sanction that on the date of the alleged crime was not contemplated in the legislation in force in the Republic and not even in the criminal regulations of the Sierra Maestra. Which constitutes an unmitigated legal monstrosity.

Was there in Cuba the death penalty as a sanction in April 1957?[]

They applied retroactively to Marquitos, as they did to the so-called Batista henchmen in 1959, a sanction that was not in force on the date of his alleged crime. The Cuban Constitution of 1940 had abolished the death penalty in its article 25, except for cases of "crimes of a military nature and persons guilty of treason or espionage in favor of the enemy in time of war with a foreign nation."

Likewise, the alleged denunciation of Marquitos is even prior to the death penalty law enacted in the Sierra Maestra on February 21, 1958, through Regulation No. 1 of the Rebel Army, based on the criminal laws of the Republic on Arms during the Second War of Independence. So Marquitos was retroactively applied a sanction that was based on the Mambisa procedural legislation of 1896. It goes without saying that the retroactive application of a law only proceeds if it favors the defendant and never if it harms him.

Was the death sentence against Marquitos fair?[]

It was grossly unfair and disproportionate. Even admitting that the denunciation was a serious crime, the death penalty was an excessive sentence. Marquitos cannot be held directly responsible for the Humboldt 7 massacre. In fact, he paid the blame for the heinous crime of Ventura Novo with a vengeful execution that also has the overtones of burning the files. Marquitos knew first-hand the dirty insides of the old Communist Party (PSP), its transversal espionage, and its infiltration in the other revolutionary organizations of the time. They applied the old maxim of pirates: "Dead men tell no tale".

Was the defendant a minor or a minor on the date of his alleged allegation?[]

Marquitos stated at the beginning of the trial that he was 17 years old on the day of the 7 Humboldt massacre; that is to say, on April 20, 1957. Which meant that he was underage and thus could not be charged with /capital punishment. However, later, responding to a cross-examination question by the defense about his age on the present day, he rectified and declared a date of birth that made him of legal age in 1957 for the purposes of criminal responsibility.

So, with 20 years not yet completed on the date indicated (if we consider valid that he was born in 1937, a fact that some question), the accused was of legal age to be shot (more than 18 years), but he was under the age of marriage (under 21 years old). A glaring contradiction that the public defender took advantage of in his timid final argument, citing the young age of the accused as a mitigating circumstance of the death penalty. His plea for clemency was naturally ignored. Already before, Fidel Castro himself, doubled as a prosecutor, had requested the death penalty for Marquitos. Which means that he was sentenced to death beforehand.

Conclusions[]

After a long politicized process plagued by irregularities and arbitrary procedures, Marquitos was sentenced to capital punishment. To make matters worse, the ex-officio appeal to the Supreme Court in practice turned into a second trial.

Marquitos should not have been sentenced to death under any legal or human concept. Laws were retroactively applied, in a trial without procedural guarantees, a sanction that on the date of the alleged crime was not contemplated in the legislation in force in the Republic and not even in the criminal regulations of the Sierra Maestra. The minority of Marquitos was not taken into account. The execution of Marquitos was a crime comparable to the Humboldt 7 massacre itself. Or even worse. In that trial, not only was Marquitos condemned to the firing squad but Cuban Justice, which had already been shot in January 59, received with that vengeful sentence the final coup de grace. Technically, Marquitos was innocent.^[16]

Notes[]

^ There is some indication that the Communists set up the DR survivors to eliminate revolutionary competitors, and it has been noted that their two confederates (Faure Chaumon and Raúl Díaz Argüelles) left the hideout shortly before the police arrived. In 1964 Castro’s revolutionary courts convicted Communist Marcos Rodríguez Alfonso, aka “Marquitos”, of tipping off the police to the Humboldt hideout, and he was executed by a revolutionary firing squad.