New York
Former Venezuelan President Nicolás Maduro has asked a U.S. court to dismiss the drug-trafficking case against him. Lawyers representing Maduro and his wife, Cilia Flores, argued in court that they are entitled to sovereign immunity as a head of state and first lady. On this basis, they have asked the court to dismiss the criminal charges against them.
In documents filed Wednesday in a federal court in Manhattan, Maduro’s lawyers argued that under international law and long-standing legal principles, a foreign head of state cannot be subjected to criminal proceedings in the courts of another country. According to his lawyers, there is no clear precedent for a U.S. court prosecuting a person who was recognized as the head of state of another country at the time the charges were brought.
Maduro’s lawyers told the court that heads of state are protected from the criminal jurisdiction of foreign countries. They argued that this principle predates modern law and is an important rule governing sovereignty in international relations.
Legal Arguments to Be Heard on November 17
The trial on drug-trafficking charges against Maduro and Flores is scheduled to begin on June 1 next year. Before the trial begins, the court will hear oral arguments on their request to dismiss the case. Judge Alvin K. Hellerstein has scheduled the hearing for November 17.
Flores’s lawyers have also separately invoked sovereign immunity in court filings. They argue that the sovereignty enjoyed by Venezuela can only be waived by Venezuela itself.
Maduro’s lawyers have also presented an alternative argument. They contend that even if the court does not grant him personal sovereign immunity as a head of state, the case should still be dismissed because the alleged activities were connected to his official position and duties.
Conviction Could Result in Life Imprisonment
U.S. prosecutors allege that Maduro worked with Venezuelan law-enforcement officials to assist major drug-trafficking organizations and played a role in a conspiracy to send large quantities of cocaine into the United States.
The criminal case against Maduro and Flores was first filed six years ago. If a jury finds them guilty of conspiring to send cocaine into the United States, both could face life imprisonment.
Maduro and Flores were arrested in early January following a U.S. military operation at their home in Caracas. They were subsequently brought to New York and have remained in custody at a Brooklyn jail since then.
The key question in the case now is how the U.S. court will evaluate the claim of sovereign immunity made by a foreign head of state. Prosecutors are expected to file their responses to the petitions submitted by Maduro and Flores by the end of this month.
