The Supreme Court (TS) indicates in the sentence that dismisses the appeal of the former head of Venezuelan Intelligence Hugo ‘El Pollo’ Carvajal against the agreement of the Council of Ministers of March 3, 2020, which approved its deliver to USA, that there is “no objective data” on the risk that he may be tortured by the North American country after delivery.
In the resolution, of which the magistrate Wenceslao Francisco Olea Godoy has been rapporteur, it is recalled that Carvajal’s defense reproached in the appeal procedural defects in the agreement of the Council of Ministers that favored the nullity and voidability, and considered that there had been dispensed with the legally established violating with the decision adopted, rights and freedoms susceptible to constitutional protection.
But now the high court indicates that “can’t share” those arguments “and the petition for nullity must be rejected as a matter of law.” The sentence recalls that defects in form can only cause the nullity of the acts by right when the legally established procedure had been “totally and absolutely dispensed with.”
In the resolution of the Fifth Section of the Contentious-Administrative it is explained that Carvajal alleged that the decision adopted is contrary to the Extradition Agreement between the European Union and the United States because it was not taken into account that the crime for which he is claimed it is military in nature. “Inasmuch as the appellant has the status of a high-level military officer of the Republic of Venezuela and is claimed for acts that are classified as criminal but charged during the exercise of their professional as a military man, “he indicates.
It also alleged that the extradition request is based on a political persecution against the appellant by the United States, and added that there was no commitment that he would not be subjected to torture and ill-treatment.
The court, after indicating that the nullity of the decision of the Council of Ministers does not proceed, points out that in order for there to be annulment, it must concur that the formal defects omitted will generate helplessness or prevent the act from reaching its end. “Despite the argumentative efforts of the lawsuit, it is true that there was a procedure and it is not possible to speak of any helplessness,” he says, and then adds that Carvajal’s defense “does nothing but reiterate allegations that he has made throughout the procedure.” .
On the argument that there is risk of being sentenced to death or that he is subjected to inhuman treatment, the Chamber indicates that “it is true that no objective data exists on those risks, other than the mere allegations of the appellant.” And he adds that the journalistic supports that ‘El Pollo’ contributed are not accrediting these risks.
The Chamber, which condemns the ex-military man to pay the costs, warns that there is no recourse against this decision.
‘El Pollo’ was fled almost two years until after 9:00 p.m. on September 9, he was detained by Group II of Fugitives from UDYCO Central, in a joint operation with the DEA, in an apartment located on Torrelaguna street in Madrid.
The National Police explained that he lived “totally cloistered, without going outside or looking out the window, and always protected by trusted people. “He changed his hiding place every three months and resorted to cosmetic surgery and disguise elements to try to hide.
The former head of Military Counterintelligence with the governments of Hugo Chávez and Nicolás Maduro is persecuted for events that occurred between 1999 and 2019, when he would have belonged to the so-called ‘Cartel of the Suns’, a criminal organization allegedly run by ‘Chavista’ charges that , with the alleged collaboration of the FARC and other armed groups, would have introduced large quantities of drugs into the United States.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.