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Tamale, Ghana – Bearing any unforeseen circumstances, a final ruling from the Constitutional Court of Cape Verde is expected on the basis of an appeal lodged by Venezuelan diplomat Alex Saab’s lawyers, seeking to highlight the many unconstitutional irregularities in the processing of the US extradition case against him.
The Venezuelan diplomat and business magnate was arrested on June 12, 2020, by the Cape Verde government at the request of the United States of America. This happened during a refueling stop at the airport on the island of Sal, in Africa, while on a diplomatic mission on behalf of Venezuela.
Since the arrest of Saab, the Cape Verdean authorities, according to his legal team, have had too many missteps to ignore the clear abuse of power. This can be demonstrated at almost every phase of the procedure, which will surprise any impartial observer.
The Arrest
According to the Global Perspective, the arrest was carried out without a warrant and without an Interpol red notice, as otherwise claimed by Cape Verde authorities. However, Alex Saab is a diplomat. The question then became did Cape Verde have the power to arrest a diplomat in such circumstances and ignore the sacrosanct principles of immunity and inviolability?
The Interpol red notice was transmitted to the Cape Verdean authorities the day after the arrest, but without an arrest warrant, and then canceled a few days later by Interpol itself. An arrest without a warrant remains an arbitrary arrest and cannot be cured.
Months later, the Attorney General of Cape Verde finally obtained a warrant for Saab’s arrest but continued to hold Saab in a home on the island under 24-hour watch by armed guards.
Diplomatic Tug-of-War
Cape Verde has chosen to ignore the diplomatic letters from Venezuela, Iran, China, Russia, the United Nations, the African Union, as well as ECOWAS, to name but a few. Clearly, it seemed to align with orders from Washington and a desire to comply with instructions without concern for the law.
West Africa’s ECOWAS Court of Justice ruled in March of 2021 the government of Cape Verde participated fully in the illegal arrest and detention of Saab and that he should be released immediately.
Cape Verde, a member of West Africa’s ECOWAS Court of Justice said the ruling had no meaning and the court system has no jurisdiction.
Does that mean any motion Cape Verde might bring forward on another matter regarding West African peers can also be ignored? If that is the case, then why have the court at all and why maintain membership in a body that you won’t listen to or respect?
It can be argued that by using the mechanisms of Interpol and sending an extradition request to Cape Verde against a lawfully appointed Venezuelan diplomat on a Special Mission, the United States is contributing to the violation of the principles and norms of international public law (as reflected, for instance, in the 1969 Convention on Special Mission echoing customary law) that enshrine the sovereignty of States, the principle of non-interference in internal affairs, and the principles of immunity and diplomatic inviolability.
The case will be decided this week and one of three things can happen.
Saab can be extradited to Miami, Florida by US government agents. Saab could be released by the Cape Verde courts to return home to Venezuela. The two governments, Venezuela and the United States of America can strike a deal behind the scenes to let Saab go in exchange for US persons in Venezuela or sanction removal, or both.
By SavannahNewsOnline.Com/Sam Ell
