As Nicolás Maduro finds himself detained in the United States—a scenario once deemed unthinkable—the Venezuelan Prosecutor's Office is working to construct a legal and symbolic barricade to nullify the judicial proceedings taking place in New York.
Tarek William Saab, Venezuela's Attorney General, asserted during a notification ceremony regarding a new parliamentary term before the Prosecutor's Office, Comptroller's Office, and Attorney General's Office, that Maduro is shielded by immunity due to his status as head of state. Saab, referencing the Venezuelan Constitution and international law, contends that Maduro cannot be detained or tried by foreign courts, as reported by EFE. He argues that any legal action outside of Venezuela holds no legal standing.
Saab extended his argument to include "diplomatic immunity," a concept he claims safeguards Maduro from U.S. jurisdiction. In comments reported by CNN en Español, Saab demanded the immediate release of the Venezuelan leader and urged federal judge Alvin K. Hellerstein to declare the court's lack of jurisdiction over the matter.
"Respect international legality and acknowledge the court's lack of jurisdiction," Saab insisted, while also alleging human rights violations against Maduro, his wife Cilia Flores, and the Venezuelan populace.
These statements emerged just one day after Maduro appeared in the Southern District of New York, handcuffed and escorted by federal agents, where he pleaded not guilty to charges of narcoterrorism and cocaine trafficking. "I was captured; I remain the president of my country," he proclaimed to the judge, in a hearing that left many Venezuelans and migrants watching in disbelief and laden with symbolic significance.
Maduro and Flores face serious allegations involving drug trafficking networks allegedly shielded by Venezuelan state structures. Both declared their innocence during their initial court appearance, while the U.S. Prosecutor's Office presses forward with a case that might unfold over several months.
Simultaneously, Saab announced the appointment of prosecutors to investigate the "dozens" of deaths he claims resulted from the U.S. military assault on Caracas and other areas, an offensive that concluded with the capture of Maduro and his wife.
To some legal experts, the immunity argument could be leveraged by the defense but is not automatically applicable. Federal prosecutor Dick Gregorie, based in Miami, acknowledged to CNN that diplomatic immunity is a viable defense strategy in New York, yet it does not assure the case's dismissal.
Understanding Diplomatic Immunity in Maduro's Case
What is diplomatic immunity and how does it relate to Nicolás Maduro?
Diplomatic immunity is a form of legal protection afforded to foreign officials, shielding them from prosecution under host country laws. Tarek William Saab argues that Maduro's status as a head of state grants him such immunity, preventing his prosecution in the United States.
Can diplomatic immunity prevent Nicolás Maduro's trial in the U.S.?
While diplomatic immunity can be invoked as a defense, it doesn't automatically halt legal proceedings. The validity of such a claim is determined by the court and could be contested by U.S. legal authorities.