Mr. Basulto is the sole survivor of a humanitarian rescue mission that was attacked by Cuban Air force jets in 1996. Basulto and four other Brothers to the Rescue pilots were conducting unarmed search-and-rescue missions for Cuban refugees in the Straits of Florida when two of their three planes were shot down and destroyed. On September 3, 1996 Fidel Castro accepted responsibility for the attack, telling CBS News anchorman Dan Rather, "In fact they had the authority to do it, and I assume the responsibility."

JW's lawsuit, filed under the Antiterrorism and Effective Death Penalty Act of 1996 is the second legal action taken by Judicial Watch against Castro. In October 2001, Judicial Watch traveled to Brussels, Belgium to formally charge the Communist dictator with "murder, torture and violation of human rights." Under a Belgian war crimes law, if convicted, Castro could spend the rest of his life in prison.

"No American administration has had the guts to indict Castro," said Judicial Watch Chairman Larry Klayman. "The time is long overdue to hold him accountable."