In a 15-page court order, it considered that it might not prove that international law recognizes temporary immunities for diplomatic agents.
A federal judge in South Florida on Friday rejected the diplomatic immunity claims of an ally of Venezuelan President Nicolás Maduro and ruled that he must continue the judicial process in which he faces accusations of laundering hundreds of millions of dollars.
In a 15-page court order, Judge Robert Scola found that Alex Saab failed to prove that international law recognizes temporary immunities for diplomatic agents on temporary missions.
But even if there was such transit immunity, the magistrate said in his brief, “it would require the consent of the state in which he was transiting, which Saab has not demonstrated either.”
Saab, who has been detained since he was extradited more than two years ago, is accused of laundering hundreds of millions of dollars he obtained by paying bribes to Venezuelan officials in exchange for contracts to build affordable homes.
Some $350 million of those corrupt deals passed through the United States, according to the indictments.
The Colombian businessman has argued that he cannot face charges in the United States because he enjoyed diplomatic immunity at the time of his arrest. He has pleaded not guilty and claims he was on a humanitarian mission en route to Iran when his plane stopped in Cape Verde to refuel.
If found guilty, he might face up to 20 years in prison.
The judge’s decision comes three days following a hearing in which he had already questioned Saab’s position.
At the time, Scola asked defense attorneys why he should accept the claim of diplomatic immunity since the United States does not recognize the legitimacy of the Maduro government, which he was supposed to represent when he was detained.
In his written resolution, the magistrate said that the title of “special envoy” only reflects a designation that the Maduro regime gave to Saab.
The defense has demanded the immediate release of the businessman, alleging that he was illegally “kidnapped” in Cape Verde at the request of the United States while traveling as an envoy from Venezuela to Iran.
But the prosecution challenged those allegations and questioned the validity of the documents presented by Saab, including the passport and letters of diplomatic certification.
For the US government, which is the one that presented the accusations, none of the evidence presented by Saab showed that it had a long-term diplomatic mission protected by the Vienna Convention on Diplomatic Relations.
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