CARACAS, Nov. 10 — Lawyers for Venezuelan President Nicolas Maduro have asked a U.S. court to dismiss a charge of conspiracy to commit torture, citing his immunity as the head of a sovereign state and alleged procedural errors by U.S. prosecutors, according to local media reports Tuesday.
Maduro’s defense team reiterated its previous motions seeking dismissal of the case on the grounds of sovereign immunity for Maduro and his wife, Cilia Flores, arguing that the U.S. court should resolve the immunity issue first, according to reports citing Spanish news agency EFE.
The defense team also filed a document with presiding Judge Analisa Torres, arguing that the torture charge should fall under the jurisdiction of the U.S. District Court for the Eastern District of New York, where Maduro and Flores have been detained since January, rather than the Southern District of New York, which has handled the case against them.
The lawyers alleged that Maduro and Flores, despite already being in custody, had been formally “re-arrested” during recent court proceedings in an attempt to “fabricate” a legal basis for the Southern District court to exercise jurisdiction over the new charge.
If the court refuses to dismiss the charge, the defense has requested access to the records supporting the torture indictment or asked the judge to review them herself. On Oct. 8, U.S. prosecutors accused Maduro of directing Venezuelan officials to torture prisoners held in the country’s jails, including several detained U.S. citizens.
Prosecutors also alleged that Flores had approved the torture plans. During a court appearance on Oct. 15, Maduro rejected the allegations as “false accusations.” The trial, originally scheduled to begin on June 1, 2027, has been postponed to June 14, 2027.
In September, Maduro’s defense team sought dismissal of the criminal case on the grounds of head-of-state immunity and requested Flores’ temporary release on medical grounds.
Venezuelan media, citing The New York Times, reported on Sunday that Flores had lost more than 11 kg and two teeth while in U.S. custody. She reportedly requires nitroglycerin to relieve chest pain and sleeps only three to four hours a day.(Namibia Daily News / Xinhua)
