Stop Extradition to the US of Venezuelan Diplomat Alex Saab

Por Francisco Domínguez

Venezuelan diplomat of Palestinian origin, Alex Saab, is being held in detention in Cape Verde, victim of political persecution and facing extradition to the US for having brokered commercial deals that, in the face of the brutal US blockade against Venezuela, would bring food, medicines, fuel and other desperately needed items to the South American nation. US authorities have concocted a bogus charge of ‘money laundering’ to justify the extradition request.

Saab is a Special envoy and ambassador to the African Union for Venezuela (http://www. mppre.gob.ve/en/comunicado/venezuela-joins-request-african-lawyers-demands-government-cape--verde-immediately-release-alex-saab/::::textAlex%20Saab%2C%20Special%20 Envoy%20and,which%20is%20why%20Cape%20Verde), was on a humanitarian mission flying from Caracas to Iran to procure food and gasoline for Venezuela’s CLAP food assistance program. He was detained on a refueling stop (https://www.afriquemedia.tv/afrique/ cape-verde-heading-to-hell-paradise-destination-with-high-risk-of-ill-treatment-and-arbitrary-detention) in Cape Verde and has been held in custody ever since June 12, 2020.

The US government, that ordered the imprisonment, claims Saab’s ‘crime’ was money laundering. But Saab was conducting perfectly legal international trade between Venezuela and third countries, nothing to do with the U.S. legally, judicially, commercially, territoriality, or in any other way whatsoever. Saab’s brokered commercial deals do bring relief to Venezuelans who have been inflicted untold misery, suffering, pain and death by the illegal US economic sanctions, and it is this US imperialism is determined to prevent with the extradition request. The US has no legal jurisdiction whatever over a Venezuelan diplomat in Cape Verde on his way to Iran. US ruthless application of its laws extraterritoriality flagrantly contravenes international law, numerous international protocols, treaties, and even the UN Charter itself.

The legal fig leaf for what amounts to a kidnapping was an INTERPOL “red notice,” which was not issued until a day after Saab’s arrest and was subsequently dropped. Saab denounced being tortured (https:// orinocotribune.com/alex-saab-i-was-tortured-and-pressured-to-sign-voluntary-extradition/) and pressured “to sign voluntary extradition declarations and bear false witness against my government.” That is, US rogue behaviour has nothing to do with money laundering and everything to do with regime change” in Venezuela.

Saab’s case has raised concern in Africa and internationally where influential voices have demanded his immediate release. The Economic Community of West African States (ECOWAS), ruled against Cape Verde’s detention of Saab, and in March 2021 asked for his immediate release (https://pmnewsnigeria. com/2021/05/12/alex-saab-falana-weighs-in-on-cape-verdes-violation-of-ecowas-judgement/). High-profile lawyer Baltasar Garzón, who also assisted in Assange’s defense, worked with Saab’s legal team.

Saab’s attorney in Cape Verde, Geraldo da Cruz Almeida, has explained the absurdity of the politically motivated legal case against his client: “Any serious judge who analyzes the case properly would come to the conclusion that the evidence presented is not sound; that it is not a money laundering crime but the fabrication of a money laundering crime – a crime that Mr Saab did not commit.” Furthermore, Saab has violated neither Cape Verdean nor Venezuelan law and his diplomatic status should have given him immunity from arrest, even if the US does not recognize Saab’s diplomatic status. Biden, following Trump, maintains the fiction that the self-proclaimed, Juan Guaidó (https:// thegrayzone.com/2019/01/29/the-making-of-juan-guaido-how-the-us-regime-change-laboratory-created-venezuelas-coup-leader/), is still “interim” president of Venezuela.

Nigerian lawyer, Femi Falana, recently said: “The United States instigated the Swiss general prosecutor to open a file and investigate the allegations of money laundering…” The Swiss general prosecutor [after a 2-year investigation] concluded there was no material evidence to support the allegation of money laundering charges against Mr Alex Saab… “A country that subscribes to the rule of law, would have ceased, would have closed the chapter, the file, but the United States of America, which is politically motivated as far as this case is concerned, has continued to harass and intimidate Cape Verde.” (https://thegrayzone. com/2019/01/29/the-making-of-juan-guaido-how-the-us-regime-change-laboratory-created-venezuelas-coup-leader/)

Ranking 185th among the countries of the world

in terms of economic size, respectively, resource poor, and dependent on tourism and remittances from abroad, the Republic of Cape Verde is vulnerable to US strong-arm tactics. Shortly after Saab’s arrest, the US gifted $1.5 million to private sector entities in Cape Verde on top of some US$284 million total US aid in the last 20 years (https://cv.usembassy.gov/the-united-states-provides-over-1-5-million-to-help-cabo-verde-respond-to-covid-19/) .

Thus, despite the fact that Cape Verde is a founding member of ECOWAS Court, it refuses to recognise its jurisdiction on the Saab case, even though the Court’s rulings are binding on all members of the body. Though ECOWAS ordered Saab’s release on 15 March 2021, Cape Verde’s judiciary and executive refused to comply and have gone ahead with the extradition trial.

On 8 June 2021, the UN Human Rights Committee (UNHRC) ruled on Saab’s illegal detention and requested the government of Cape Verde to “refrain from extraditing Mr Alex Saab Naim Moran to the United States of America while his case is under review by the Committee or until further notice.” Furthermore, the UNHRC indicated to Cape Verde “to ensure access to appropriate health care [for Mr Saab], preferably by independent and specialised physicians of his choice.” (https://orinocotribune.com/un-committee-rules-on-detention-of-venezuelan-diplomat-saab/). Saab, who suffers from cancer, has largely been denied health care.

An international emergency human rights delegation, headed by US resident, Cape Verdean Bishop, Felipe Texeira, arrived in Cape Verde on June 4 to “evaluate the flagrant violation of Saab’s diplomatic immunity and raise awareness of the humanitarian purposes of [his] work, but were denied access to see him.” The delegation got as close as half a block from his place of imprisonment but “Police, heavily armed with automatic weapons and some wearing black masks, turned us away while similarly clad and armed snipers watched down on us from neighbouring rooftops.” (https://orinocotribune.com/freealexsaab-delegation-first-day-in-cabo-verde-access-denied-to-alex-saab/).

US government sanctions have particularly targeted Venezuela’s state oil company that has substantially contributed to the sharp decline of Venezuela’s economy, have dealt a crippling blow to its oil industry thereby negatively impacting Venezuela’s capability to generate electricity, agricultural production and generate income from oil exports to fund social programs and import vital necessities (https://crsreports.congress.gov/product/pdf/R/R44841). This has had deadly consequences for ordinary Venezuelans: between 2017 and 2018 alone, over 40,000 ordinary Venezuelans died as the direct impact of the sanctions (https://cepr.net/images/stories/reports/venezuela-sanctions-2019-04.pdf). US sanctions constitute a crime against the humanity of 30 million Venezuelans.

Venezuela has the largest certified reserves of oil in the world, intensely coveted by the US’s declining economy, which explains the empire’s systematic destabilisation efforts ever since the coming to office of Hugo Chavez as president in 1999.

The US case against Alex Saab is not only illegal, unfounded and disgraceful but, according to Montréal-based international human rights lawyer John Philpot https://thegrayzone.com/2019/01/29/the-making-of-juan-guaido-how-the-us-regime-change-laboratory-created-venezuelas-coup-leader/), it raises dangerous precedents in terms of extraterritorial judicial abuse, violation of diplomatic status, and even the use of torture to extract false confessions.

Alex Saab is not only totally innocent of the US trumped-up charges of money laundering, but the US government does not have any legal jurisdiction whatsoever over Venezuela, or Cape Verde. Therefore, Alex Saab should be immediately and unconditionally freed in line with the ECOWAS ruling of 15 March 2021. An international campaign, headed by Noam Chomsky, for Alex Saab’s immediate release has been launched, please join in and publicise it as widely as you can (https://afgj.org/free-alex-saab). By defending Saab we are defending the international rule of law against illegal US sanctions and aggression.

Francisco Dominguez é Professor da Universidade de Middlesex / Inglaterra.