Maduro Defense Asks U.S. Court to Drop Torture Charge Over Venue Issues
Lawyers for the former Venezuelan president argue that the Manhattan tribunal lacks jurisdiction and that their clients retain sovereign immunity.
By Marina Weber ·
Former Venezuelan President Nicolás Maduro is currently facing federal charges in New York City. His legal team filed a motion on Tuesday seeking the dismissal of the conspiracy to commit torture count. The request cites procedural errors by the U.S. prosecution and a lack of proper venue.
Defense attorneys argued that the torture charge should have been filed in the Eastern District of New York in Brooklyn. They noted that Maduro and his wife, Cilia Flores, were held in that district following their January capture in Caracas. The case is currently before Federal Judge Analisa Torres, who took over the matter after the death of former Judge Alvin Hellerstein.
The legal brief challenges the prosecutors' decision to move the proceedings to the Southern District in Manhattan. The defense claimed that authorities formally re-arrested Maduro and Flores during recent appearances to create a legal basis for the new charge in that specific jurisdiction. The lawyers stated that these actions were an attempt to manufacture territorial jurisdiction for the Manhattan court.
The motion does not contest the facts alleged in the indictment. Instead, it targets the legality of the process used by the Department of Justice. The attorneys requested that the court either withdraw the accusation or release the records supporting the new prosecution. They asked that these documents be available for review by the defense or the judge.
The dispute followed an expanded indictment filed by the U.S. Department of Justice on October 8. That filing added the charge of conspiracy to commit torture and extended the narco-terrorism conspiracy count to Flores. The prosecution documented nine alleged victims in a strategy of repression and torture aimed at punishing political opponents. The maximum penalty for the torture charge is 20 years in prison, while other charges carry potential life sentences.
The defense also reiterated its claim of sovereign immunity for both Maduro and Flores. They asked Judge Torres to resolve that argument before proceeding with the examination of the specific charges. The next court date is set for December 17, which will be the first hearing presided over by Judge Torres.
The outcome of the motion regarding venue and immunity will determine the immediate path of the trial. The legal team expects a ruling on whether the Manhattan court retains control over the case.
