WASHINGTON: The legal team for Venezuelan President Nicolas Maduro has filed a new motion seeking the dismissal of a superseding indictment, according to court documents, reported Sputnik/RIA Novosti.
His lawyers argued that Maduro was entitled to absolute immunity from prosecution in the United States (US), as he was the country’s incumbent head of state when he was abducted.
“Mr. Maduro remains entitled to sovereign immunity on two independent grounds: (1) status-based immunity, because he was Venezuela’s sitting head of state when the government unlawfully kidnapped him and subjected him to process in this Court; and (2) conduct-based immunity, because the charges are based on official acts Mr. Maduro allegedly performed as a high-ranking Venezuelan government official,” the document said.
The document added that Washington’s refusal to recognise Maduro’s electoral victory did not deprive him of the protections afforded under international law.
His lawyers pointed out that the indictment itself acknowledges that their client continues to exercise the powers of Venezuela’s de facto head of state.
The defence team argued that no state has the authority to strip a sovereign leader of immunity by unilaterally declaring his government “illegitimate”.
The motion also challenges a new count alleging conspiracy to commit torture, including against US citizens, which was added in October, several months after Maduro’s abduction.
Defence attorneys also filed a separate motion seeking the dismissal of the torture-related count, citing a violation of territorial jurisdiction rules.
They also requested that the prosecution disclose the transcripts of the grand jury proceedings.
Judge Analisa Torres has scheduled a hearing on the motions for Dec 17.
On Jan 3, the US launched a major military assault on the Venezuelan capital, Caracas, which led to the abduction of Maduro and his wife, Cilia Flores.
Both were flown to New York to face charges of “narco-terrorism” under US law.
Venezuela’s Supreme Court temporarily appointed Delcy Rodriguez as acting president.