S.Res. 146Senate108th Congress (2003-2005)In Committee

A resolution expressing the sense of the Senate regarding the establishment of an international tribunal to prosecute crimes against humanity committed by Fidel Castro Ruz and other Cuban political and military leaders.

Sponsored by Harry ReidSen. Harry Reid (D-NV)
Introduced May 20, 2003

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SenateIntro Referral Latest Action

Referred to the Committee on Foreign Relations.

May 20, 2003

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SenateIntro Referral

Introduced in Senate

May 20, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6715-6716)

May 20, 2003

SenateIntro Referral

Referred to the Committee on Foreign Relations.

May 20, 2003

Floor Debate

1 member

What members said about S.Res. 146 on the floor

1 Democrat
Harry Reid
Sen. Harry ReidD-NV · May 20, 2003

Mr. President, I submit this resolution on my behalf and that of Senator Ensign. Senator Ensign is not present on the floor today because, as I speak, he is in Florida. He will be the keynote speaker…

Harry Reid
Sen. Harry ReidD-NV · May 20, 2003

Mr. President, the subject of Medicare is extremely important. Medicare is not a perfect program, but it is a good program. It has done so much to help the American people. I am glad to see we are…

Bill Text

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Introduced in SenateIssued May 20, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 146 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. RES. 146

Expressing the sense of the Senate regarding the establishment of an
international tribunal to prosecute crimes against humanity committed
by Fidel Castro Ruz and other Cuban political and military leaders.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 20, 2003

Mr. Reid (for himself and Mr. Ensign) submitted the following
resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

RESOLUTION

Expressing the sense of the Senate regarding the establishment of an
international tribunal to prosecute crimes against humanity committed
by Fidel Castro Ruz and other Cuban political and military leaders.

Whereas since 1959, Fidel Castro Ruz has led a tyrannical regime that restricts
basic human rights, including freedom of expression, association,
assembly, and movement;
Whereas Fidel Castro's brother, Raul Castro Ruz, controls the Ministry of
Interior, the primary instrument of totalitarian control in Cuba that is
responsible for many of the most egregious human rights violations that
occur in that country;
Whereas the regime of Fidel Castro dominates all facets of public life, forcing
all associations to meet in the presence of state officials and
requiring government approval of any material a person or association
wishes to publish prior to its publication;
Whereas the Department of State has concluded that the Government of Cuba
continues to ``harass, threaten, arbitrarily arrest, detain, imprison,
and defame human rights advocates,'' and that the ``Interior Ministry
Department of State Security investigated and actively suppressed
political opposition and dissent'';
Whereas the Government of Cuba continues to repress peaceful attempts by the
Cuban people to bring democracy to Cuba;
Whereas in 2002, when members of the Varela Project, a democracy and human
rights initiative in Cuba, collected more than 11,000 signatures on a
petition calling for a national referendum on democratic reforms in
accordance with the Constitution of Cuba, the regime of Fidel Castro
orchestrated a constitutional amendment that declared Cuba's socialist
system irrevocable;
Whereas several human rights groups have estimated that the Government of Cuba
is holding hundreds of political prisoners on charges such as
dissemination of enemy propaganda, illicit association, clandestine
printing, contempt for the authorities (which often means criticism of
Castro), and rebellion;
Whereas Cuban police are permitted to arrest any person they believe exhibits
signs of ``dangerousness'' and subject such person to therapy or
political reeducation;
Whereas, in March 2003, the Government of Cuba began a massive crackdown on
leaders of independent labor unions, opposition parties, and the pro-
democracy movement that led to the arrest of 80 dissidents;
Whereas the Government of Cuba subjected the dissidents arrested in March 2003
to unfair, closed-door trials, did not provide the dissidents with due
process protections during the trials, and sentenced 50 of the
dissidents to prison for terms of up to 28 years;
Whereas the regime of Fidel Castro has trampled the human rights of journalists,
killing 25 and threatening, harassing, or detaining 1,420 in 2002,
detaining an additional 27 in the March 2003 crackdown, and holding 120
as political prisoners as of May 2003;
Whereas prisoners in Cuba endure inhumane treatment, including psychological and
physical torture, malnourishment, and sexual abuse, despite the fact
that the Constitution of Cuba forbids abusive treatment of prisoners;
Whereas the Ministry of Interior regularly harasses religious leaders and
practitioners, despite the fact that the Constitution of Cuba allows for
freedom of religion;
Whereas the Government of Cuba engages in active surveillance of people's homes
and correspondence, despite the fact that the Constitution of Cuba
establishes the right to privacy;
Whereas the Government of Cuba encourages, condones, and tolerates racial
discrimination, especially against blacks, violence against women, and
child prostitution;
Whereas the Government of Cuba requires children to perform uncompensated farm
work;
Whereas on April 11, 2003, the Government of Cuba summarily tried 3 men who
hijacked a ferry in an attempt to escape from Cuba in unfair, closed-
door trials, after which all 3 were found guilty and executed by firing
squad;
Whereas the Department of State has concluded that Cuba is a state sponsor of
terrorism that continues to harbor terrorists and fugitives from the
United States, including harboring members of 2 Colombian terrorist
organizations, the Revolutionary Armed Forces of Colombia (FARC) and the
National Liberation Army (ELN);
Whereas the Government of Cuba has consistently ignored resolutions from the
United Nations, the Organization of American States, and Congress
condemning the human rights abuses;
Whereas since 1959, the regime of Fidel Castro has persecuted more than 100,000
Cubans, of which more than 18,000 either were murdered or have
disappeared; and
Whereas actions taken by the Government of Cuba during 2002 and 2003 have
demonstrated that even after 44 years, the campaign of terror by the
regime of Fidel Castro shows no signs of waning: Now, therefore, be it
Resolved, That it is the sense of the Senate that--
(1) Fidel Castro Ruz and Raul Castro Ruz--
(A) are guilty of grave violations of international
law and crimes against humanity; and
(B) should be held legally and financially
accountable for such violations and crimes;
(2) the President and Secretary of State should work with
the members of the Organization of American States, the Inter-
American Commission on Human Rights, and other international
organizations to establish a special international tribunal
with jurisdiction to prosecute Fidel Castro Ruz, Raul Castro
Ruz, and other political and military leaders of Cuba who have
committed crimes against humanity;
(3) the President should not agree, under any
circumstances, to an arrangement whereby Fidel Castro Ruz and
Raul Castro Ruz would relinquish control in Cuba in exchange
for immunity from prosecution for crimes against humanity; and
(4) the United States should continue to strengthen
programs and groups that foster democratic progress and the
development of a civil society in Cuba.
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