While Nicolás Maduro remains in custody in the United States after a scene that seemed unthinkable for years, the Venezuelan Prosecutor's Office is attempting to erect a legal and symbolic barrier to dismiss the judicial process he faces in New York.
The Attorney General of Venezuela, Tarek William Saab, stated at a notification event for a new five-year term of Parliament before the Prosecutor's Office, the Comptroller's Office, and the Attorney General's Office, that the president has immunity due to his position as head of state and that, under the Venezuelan Constitution and international law, he cannot be arrested or tried by foreign courts, according to the agency EFE. In his opinion, any process outside of the country lacks legal validity.
Saab went further and spoke of "diplomatic immunity," a concept that, according to him, protects Maduro from American jurisdiction. In statements quoted by CNN en Español, the prosecutor demanded the immediate release of the Venezuelan leader and requested Federal Judge Alvin K. Hellerstein to declare himself without jurisdiction to handle the case.
"Respect international law and acknowledge the lack of jurisdiction of the court under your command," Saab demanded, while denouncing alleged human rights violations against Maduro, his wife Cilia Flores, and the Venezuelan people.
The statements come just a day after Maduro appeared before the Southern District Court of New York, handcuffed and guarded by federal agents, where he pleaded not guilty to charges of narcoterrorism and cocaine trafficking. “I was captured, I am still the president of my country,” he stated before the judge, in a hearing that many Venezuelans and migrants followed with disbelief and symbolic weight.
Maduro and Flores face serious accusations related to drug trafficking networks allegedly protected by structures of the Venezuelan state. Both pleaded not guilty in their initial court appearance, while the U.S. prosecution moves forward in a case that could extend for months.
At the same time, Saab announced the appointment of prosecutors to investigate the "dozens" of deaths that, according to his account, occurred during the U.S. military attack on Caracas and other areas of the country, an offensive that culminated in the capture of the president and his wife.
For some legal experts, the argument of immunity could be put forward by the defense, although its application is not automatic. Federal prosecutor Dick Gregorie, based in Miami, acknowledged to CNN that diplomatic immunity is a possible avenue in New York, but does not guarantee the case will be dismissed.
Filed under:
