Landmark Ruling Paves Way for JW's Case Against Castro
In a landmark legal ruling, the Belgian Supreme Court held that crimes
against humanity could be prosecuted in Belgian tribunals, even if
the acts occurred outside of Belgium. The decision now puts on a fast
track JW’s case against Fidel and Raul Castro, which was filed
with the Belgian court just after the September 11 terrorist attacks.
"We are gratified and heartened by the Belgian Supreme Court’s
ruling," said JW Chairman Larry Klayman. "While successive
American presidents have refused to prosecute the Castros for their
crimes, with the help of Belgium, Judicial Watch is prepared to
do so."
The Belgian ruling came in a case involving Israeli Prime Minister
Ariel Sharon and his then top general, who are accused of participating
in massacres at Shabra and Shatila.
Judicial Watch’s case had been on hold until precedent had
been set through the Sharon case. While Judicial Watch does not
support the charges against the Israeli Prime Minister, clearly
the decision has positive implications for JW¹s efforts to
bring the Castros to justice.
The Court found that Sharon could not be prosecuted while in elected
office, but that he is legally vulnerable once he leaves. This caveat
should have no impact on JW’s Castro case because the Cuban
dictator was never elected democratically and will never willingly
step down. Futhermore, there is no immunity under international
law for acts of terrorism, whether a national leader is elected
democratically or not.
Regardless, since Raul Castro is not entitled to immunity under
any scenario, JW’s legal actions against him can now proceed
immediately.
Over their 40-year reign, the Castros have been responsible for
the murder and torture of hundreds of thousands of Cuban citizens
and exiles in addition to perpetrating other acts of terror against
non-Cubans.