MADRID -- (AFP) -- Spain's highest court on Monday ruled that the country
no jurisdiction to try Cuban President Fidel Castro because he is a head of state,
while reaffirming its right to judge former Chilean dictator Augusto Pinochet.
The National Audience said that the difference between the two was that
still the leader of his country, whereas Pinochet left office in 1990.
The court was examining a suit filed against Castro by a Cuban human rights
for torture, terrorism and genocide, the same charges that were made against
Pinochet is under house arrest in England awaiting a verdict on whether
immunity from prosecution and extradition to Spain.
The National Audience based its ruling not on conventions on diplomatic
signed in Vienna but on ``bilateral treaties signed by states and on international
practice,'' it said.
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