Pressure mounts on Cape Verde to free Venezuelan diplomat

Cape Verde

Pressure is mounting on Cape Verde to release Mr  Alex Saab, the Venezuelan diplomat who was arrested in the country.

Photo credit: File

Pressure is mounting on Cape Verde to release Mr  Alex Saab, the Venezuelan diplomat who was arrested in the country.

Mr Saab's defense team claim the diplomat was ill-treated and threatened.

Mr Saab, who has now been in captivity for 308 days, is being represented by his lead counsel Dr José-Manuel Pinto Monteiro, a renowned Cape Verde constitutional and criminal lawyer and human rights lawyer Mr Femi Falana from Nigeria.

 “Mr Saab has been deprived of his most basic human rights, humiliated, ill-treated and threatened. Currently, Mr Saab’s health has deteriorated,” Dr Pinto said.

He claimed that Cape Verde has “refused any bilateral diplomatic dialogue with the Republic of Venezuela. This is a serious offence taking place in Cape Verde.”

Mr Saab has neither had any communication with his wife, nor his five children, for the entire 308 days.

Mr Falana echoed those points, adding that the United States of America has recently been flexing its military muscles in the area, intimidating the tiny island of Cape Verde.

Recently, a US frigate has patrolled the coasts of West Africa, which Mr Falana sees as the USA’s plan to control Africa.

“We are calling on President Biden to walk the talk. When he talks of his commitment to restore law and order in his country, this should be extended to other parts of the world.”

Sanctions

The lawyers argue that should Cape Verde continue to defy the ECOWAS court, the country would risk economic sanctions and suspension from the economic bloc.

The defense team added that Mr Saab did not risk early extradition until the higher courts had delivered their decision to the appeal that his lawyers had submitted.

 The ECOWAS Community Court of Justice (ECCJ) in Abuja on March 15, 2021 declared that Mr Saab should be immediately released and the extradition process against him be terminated.

It also declared that he be compensated for what it declared as his “unlawful detention”.

The diplomat is a lawfully appointed Venezuelan Special Envoy, and Alternate Permanent Representative to the African Union.

On December 24, 2020, Mr Saab was appointed as Deputy Permanent Representative of Venezuela to the African Union.

He was detained by Cape Verdean authorities on June 12, 2020, claiming that an international arrest warrant had been circulated by Interpol, which had in turn been issued on the basis of an alleged Red Notice issued at the request of the United States.

 Arrest warrant

At the time of his arrest, neither the copy of the arrest warrant, nor the alleged Red Notice were presented to Mr Saab.

He is accused by US prosecutors in Miami of money laundering offences, supposedly in connection with a contract to build houses for a social welfare programme launched during President Hugo Chavez’s time in office.

The money laundering charges against Mr Saab, linked to the same contracts were recently dropped by the Geneva Prosecutors for lack of evidence after a three -year investigation.

The ECCJ noted in its ruling that the Red Notice was only issued after Amb Saab’s arrest and that there was no arrest warrant, thus making the extradition request political.

On March 16, in direct defiance of the binding ECCJ March 15 ruling, the Cape Verde Supreme Court of Justice approved the extradition of Mr Saab to the United States.

This action goes against the ECOWAS Treaty and various protocols which established the ECCJ.

The decision of Cape Verde Supreme Court of Justice is now being appealed in the Constitutional court of the Republic of Cape Verde.

It is pertinent to note that the Supreme Court of Cape Verde held that it is for the Executive to take a decision on the diplomatic status of Mr Saab.

Lawyers Falana and Dr Pinto called on Cape Verde to honour its international treaty obligations and release the diplomat.

The African Bar Association’s (AfBA) has warned that a judgement against HE Saab would call into question ECOWAS’ raison d’être.

It could lead to a potential splintering of the organisation if Cape Verde’s non-compliance goes unchallenged by the regional group.