(Washington, DC) Recently, the Belgian Supreme Court, in a landmark legal ruling, held that crimes against humanity could be prosecuted in Belgian tribunals, even if the acts occurred outside of Belgium. The ruling came in a case involving Israeli Prime Minister Ariel Sharon and his then top general, both of whom are alleged to have participated in a massacre at Shabra and Shatila. While Judicial Watch does not support the underlying charges, filed by Palestinian interests against the Israeli officials, the ruling of the Belgian Supreme Court clears the way for prosecution of its case against Fidel and Raul Castro for crimes against humanity. The Castros have personally been responsible for he torturing and murdering of hundreds of thousands of Cuban citizens and exiles, as well as terrorist acts against non-Cubans, in the last forty years of their dictatorship.

Judicial Watch filed a criminal complaint against the Castros in Belgium shortly after the September 11, 2001, terrorist attacks, but the case was put on hold due to the expected precedent of the Sharon case.

While the Belgian Supreme Court found that Prime Minister Sharon could not be prosecuted while in office, he is free to be prosecuted once he leaves office. In addition, the Belgian Supreme Court found that lesser government officials, such as Sharon’s general, could now be prosecuted.

Since Fidel Castro was not elected democratically, and he will never step down as dictator of Cuba, the Belgian Supreme Court’s ruling should not bar prosecution of him now on the basis of immunity. Otherwise, since Fidel Castro is the dictator for life, he could never be prosecuted if the Belgian Supreme Court ruling were interpreted to apply to dictators. Moreover, there is no immunity under international law for acts of terrorism, and Judicial Watch’s criminal complaint contains these substantiated allegations – such as Fidel’s admitted roll in ordering the shootdown/murder of Brothers to the Rescue planes, with four resulting deaths, on February 24, 1996, as well as the sinking of a boat carrying refuges from the island. Moreover, under the Belgian Supreme Court’s ruling, the prosecution can proceed against Raul Castro in any event, since he is not entitled to immunity under any scenario.

“We are gratified and heartened by the Belgian Supreme Court’s ruling. While successive American presidents have failed to prosecute the Castros for their crimes, ironically Belgium, a country which has in recent days blocked U.S. NATO efforts to defend Turkey in a war against Iraq, is prepared to do so.. Lets roll!,” stated Judicial Watch Chairman Larry Klayman.
 

http://www.judicialwatch.org/3176.shtml

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