L’accusation de Castro rejetée
Spanish court rejects Castro prosecution
WIRE:Nov. 19, 1998 3:28 p.m. ET Sur ABC News FOCUS
MADRID, Nov 19 (Reuters) - A Spanish court on Thursday rejected a request to seek the detention and prosecution of Cuban leader Fidel Castro on charges of genocide and torture, judicial sources said.
A group of Cuban exiles, taking a cue from the arrest in Britain of former Chilean dictator Augusto Pinochet last month, asked the Spanish courts this month to prosecute Castro as weil as bis brother and two other senior officiais.
"The judge bas refused to open an investigation," a court source told Reuters. "He has archived the case."
The source said Judge Ismael Moreno had said there was no basis for charges of genocide, torture or terrorism.
Moreno said the alleged crimes did not constitute genocide as there was no attack against a particular ethnic group.
Secondly, there was no case of. "terrorism," as the acts in question were carried out by the state and not by any group trying to overturn the established order.
Finally, the alleged cases of torture could by categorised only as "degrading treatment," Moreno said in his ruling. The court therefore refused to open investigations on the charges against Castro or the other officiais cited in the request made by the Cuban American NationaI Foundation, a powerfullobbying group run by Castrots right-wing opponents.
The Cuban exiles had presented the court with 300 cases of people they said were victimised by Castrots communist regirne since he came to power in 1959. They said they expected to broaden the case to cover up to 18,000 victims.
The case was fIled days after a Spanish appeals court had ruled that Spanish judge BaItasar Garzon, who ordered Pinochet's arrest, could investigate the atrocities committed under fonner military dictatorships in Chile and Argentina. A panel of British law lords is due to make a ruling next Wednesday on an appeal against a High Court decision that Pinochet has irnmunity from prosecution.
If the law lords overtum that ruling, Pinochet could be extradited to face charges in Spain.
Cuban exiles to appeal Spanish judge's rejection of suit against Castro
WIRE:Nov. 19 1998 7:42 p.rn. ET. AP News Service
MADRID, Spain (AP) - A Cuban exile group said Thursday it would challenge a Spanish judge's refusal to open a probe into aIlegations of genocide, terrorism and torture fIled against Cuban leader Fidel Castro. The Foundation for Human Rights in Cuba said it would fIle an appeal within three days and take its case aIl the way to the top of the Spanish judiciaryif necessary in order to pursue Castro.
Inspired by the case in the Spanish courts against former Chilean dictator Gen. Augusto Pinochet, the Cuban group filed a suit on Nov. 5 accusing Castro of genocide and other crimes. It was rejected Thursday by National Court Judge Ismael Moreno.
Moreno said the suit referred to common crimes committed outside Spain that were not within Spanish jurisdiction. He also ruled the petition failed to present credible evidence that Castro had committed genocide.
Further, Moreno's ruling said that the aIleged cases of torture noted in the suit were better described as "degrading treatment," the Spanish news agency Europa Press reported.
Javier Barrilero, an attorney who represents the foundation, said Moreno's ruling was "not a surprise."
"The case against Castro was inspired by the Pinochet case but has sin ce become independent. The road does not stop here," he said.
Barrilero said his clients would pursue the case as far as they can in Spain and may even go to international courts.
Pinochet was arrested on a Spanish warrant Oct. 16 while in a London hospital recuperating from back surgery. Spanish authorities want to extradite him to face charges of genocide during his 1973-90 rule.
The Foundation for Human Rights is part of the Cuban-American National Foundation, a Miami-based anti-Castro group.