Renowned for his unwavering determination, Cuban scientist Ariel Ruiz Urquiola continues his relentless campaign for justice. Since April, during his lunch break from 12:00 to 1:00 PM, the former political prisoner has been demonstrating daily in front of the Swiss Parliament. His goal is to garner support to invoke universal jurisdiction in Switzerland, aiming to bring Cuban leaders Miguel Díaz-Canel, Raúl Castro, and Dr. Armando Martínez Fábregas to trial.
Dr. Martínez Fábregas was responsible for discharging Ruiz Urquiola from the hospital's prison ward in Pinar del Río, where he was taken during his hunger and thirst strike in 2018. Ruiz Urquiola alleges, with medical evidence, that he was forcibly infected with HIV during this period. He accuses the Cuban leaders and Dr. Martínez Fábregas of orchestrating this act, along with other human rights abuses against his family, including supplying a placebo to his sister Omara, an oncology patient, and harassing his mother on their farm.
Legal Grounds for Action in Switzerland
Ruiz Urquiola asserts that Switzerland is obligated to investigate such crimes under international treaties, even if they occur abroad, provided the alleged perpetrators are in Switzerland and haven’t been extradited. This aligns with the UN Convention Against Torture, which mandates investigations into torture where the victim resides in a signatory country like Switzerland.
He argues that the deliberate HIV infection, given its political motivation, constitutes a "systematic attack" against dissenters and should be classified as a crime against humanity under Swiss law. The Swiss Penal Code, particularly articles 264a to 264j, allows for prosecution of such crimes, regardless of where they occur, as long as the victim resides in Switzerland.
Challenges and Hopes for Justice
Despite his persistent efforts, Ruiz Urquiola faces significant challenges. While Díaz-Canel enjoys absolute personal immunity as a sitting president, Raúl Castro, now retired, does not, and could potentially be investigated if he enters Switzerland. Dr. Martínez Fábregas lacks international immunity, making him vulnerable to prosecution if he travels to Switzerland or a cooperating nation.
Ruiz Urquiola is striving to file a formal complaint, which requires backing from political organizations or institutions. As of now, no Swiss political group has taken up his cause, but Ruiz Urquiola remains hopeful, contemplating the possibility of rallying public support.
Understanding Universal Jurisdiction and Its Implications
What is universal jurisdiction?
Universal jurisdiction is a legal principle that allows a country to prosecute individuals for serious crimes against international law, such as crimes against humanity, regardless of where they were committed or the nationality of the perpetrators or victims.
How does Swiss law apply to Ariel Ruiz Urquiola's case?
Swiss law, under its Penal Code, allows for the prosecution of crimes against humanity if the alleged perpetrator is in Switzerland or if the victim resides there, irrespective of where the crime occurred. Ruiz Urquiola, as a resident, seeks to utilize this legal framework to pursue justice.
Can sitting presidents be prosecuted for international crimes?
Sitting presidents often have immunity from prosecution in national courts for international crimes. However, this immunity is not absolute and does not apply in international courts or under certain conditions in national jurisdictions, as established by precedents like the Pinochet case.