Madrid, 25 (Europa Press)
The Supreme Court (TS) indicated in a decision dismissing the appeal of Hugo ‘El Polo’ Carvajal, the former head of Venezuelan intelligence, against the agreement of the Council of Ministers of March 3, 2020, that approved their delivery to the United States Went. There is “no objective data” on the risk that she may be tortured after her delivery by a North American country.
In the resolution, of which the magistrate Wenceslao Francisco Olia Godoy has been co-ordinated, it is recalled that the defense of Carvajal condemned the appeals procedural defects in the agreement of the Council of Ministers, which favored nullity and emptiness, and believed that There it was despised. Rights and freedoms subject to constitutional protection, with a legally established violation with the adopted decision.
But now the High Court indicates that it “cannot share” those arguments and that the petition for incapacitation should be dismissed as a matter of law. The sentence recalls that defect in form could lead to the emptiness of acts only if the legally established procedure was “completely and utterly overcome.”
In the resolution of the fifth section of the controversial-administrative it is explained that Carvajal alleged that the decision adopted is contrary to the extradition agreement between the European Union and the United States because it did not take into account the offense for which he is Claimed that it is military in nature. “As the appellant has the status of a high-ranking military person of the Republic of Venezuela and is claimed for acts which are classified as criminal but charged during the exercise of his professional as a military person goes,” he points out.
He also alleged that the extradition request was based on a political persecution by the United States against the appellant, and stated that there was no commitment that he would not be subjected to torture and abuse.
The court, after indicating that the vacuousness of the decision of the Council of Ministers does not proceed, indicates that in order to annul, it must agree that the omitted formal defects would produce defenselessness or that the Act would not reach its end. will stop. , “Despite the reasoned efforts of the trial, it is true that there was a process and it is not possible to speak of any defenselessness,” he says, and then adds that Carvajal’s defense “does nothing but reiterate the allegations that They have put in the time throughout the process.” ,
Regarding the argument that there is a risk that he will be sentenced to death or subjected to inhumane treatment, the Chamber indicates that “it is true that no objective data exists on those risks, other than the mere allegations of appellant “. And he says the journalism endorsements that El Polo has contributed are not recognizing these risks.
Chambers, which condemns the former soldier to pay the cost, warns that there is no recourse against this decision.
‘El Polo’ had been absconding for almost two years until after 9:00 p.m. on September 9, he was arrested from UDYCO Central by the group II of fugitives, in a joint operation with the DEA, one located on Torrelaguna Street. in the apartment. Madrid..
The National Police explained that he “kept completely closed, without going outside or looking out the window, and always guarded by trusted people.” He went into hiding every three months and resorted to cosmetic surgery and camouflage to try to hide.
The former head of military counterintelligence with the governments of Hugo Chávez and Nicolas Maduro is tormented for incidents between 1999 and 2019, when he would have belonged to the so-called ‘Cartel of the Sons’, a criminal organization allegedly operating . Chavista alleges that with the alleged collaboration of the FARC and other armed groups, large quantities of drugs may have been introduced into the United States.