Exile group seeking Castro's arrest

Published Tuesday, October 27, 1998, in the Miami Herald

Exile group seeking Castro's arrest

By DAVID KIDWELL
Herald Staff Writer

Citing the recent London arrest of former Chilean dictator Augusto Pinochet on charges of genocide, a prominent Cuban exile group called for similar international action against Fidel Castro and vowed not to give up without success.

``This is something we are going to do, no doubt,'' said Manny Vasquez, a lawyer at the Cuban American National Foundation and head of a newly formed commission to pursue the arrest of Castro. ``We've been asking the U.S. government to indict Castro for years now. What's good for Pinochet should be good for Castro.''

The Cuban Interests Section in Washington did not answer requests for a response.

The Oct. 17 arrest of Pinochet for the thousands of deaths under his iron-fisted 17-year reign has sparked a passionate international debate over the treatment of former and current heads of state and a swelling excitement over the possibilities within Miami's Cuban exile community.

Already, an eight-member congressional delegation has urged President Clinton to seek Castro's arrest for the 1996 downing of two Brothers to the Rescue airplanes that killed three members of the group.

But the foundation and international law experts agree obtaining warrants against Castro will be both difficult and time consuming.

``The impression I get from recent events is that it is a real possibility,'' said Christopher Blakesley, a prominent international law professor at Louisiana State University. ``In practical terms, though, it could end up being academic. The problem is getting a hold on him.''

Foundation representatives said Monday they are pursuing two avenues:

To get a federal judge to force the Justice Department ``to do its job'' and indict Castro for the Brothers to the Rescue deaths. Tom Scott, the U.S. attorney in South Florida, has been studying whether to file criminal charges since 1996, but has not made a decision.

To get a foreign government with laws more favorable to its cause to take action. In Pinochet's case, courts in Spain issued the warrant for him for specific crimes against Spanish citizens under his regime.

``We have plenty of examples of the same thing with Castro,'' Vasquez said. He said the commission intends to explore the possibility of similar action in Venezuela, Panama, Colombia and Mexico.

The chances of indictments in the United States are slim because U.S. law does not allow for prosecuting those who have murdered U.S. citizens on foreign soil unless it was an act of terrorism or the murder took place while the victim was fulfilling a government mission.

There is also a roadblock because Castro is a current head of state, which normally carries immunity.

The laws are different in Spain, however. In 1985, that country began prosecuting for crimes committed against its citizens abroad.

Blakesley said if an effort to have warrants issued against Castro were successful anywhere in the world, it could at least severely limit Castro's ability to travel without risk of arrest.

``We believe we are taking a significant step toward liberty and democracy for Cuba,'' said Jorge Mas, the foundation's vice chairman. ``But more important, for the defense of the victims of the Castro regime.''