NEW YORK, November 10. /TASS/. Venezuelan President Nicolas Maduro’s lawyers have filed a new motion with Analisa Torres, the new judge in the case against the leader of the Bolivarian Republic for the United States District Court for the Southern District of New York, seeking the dismissal of all charges invoking the concept of sovereign immunity, according to the motion seen by TASS.
"Mr. Maduro is entitled to sovereign immunity. <…> The alleged conduct on which the charges rest consists of acts attributable to Mr. Maduro’s official positions and state powers, including diplomatic functions, military and law-enforcement authority, control over the judiciary, use of state facilities, and public statements regarding national policy," the document says. "Common law sovereign immunity deprives the Court of jurisdiction to adjudicate charges against Mr. Maduro as both a sovereign head of state and a foreign official prosecuted for acts attributable to the sovereign."
"The Court lacks jurisdiction over Mr. Maduro because he is entitled to status-based sovereign immunity as head of state. It also lacks jurisdiction because Mr. Maduro is entitled to conduct-based sovereign immunity because the S5 (fifth superseding indictment - TASS) is premised on his official governmental acts. The Court must dismiss the S5 against him, with prejudice," it reads.
On January 3, the United States attacked civilian and military facilities in Caracas. US President Donald Trump confirmed the attack on Venezuela. He also said that Maduro and his wife had been captured and taken out of the country. On January 5, the couple appeared before the US Federal Court for the Southern District of New York, where they face charges of alleged involvement in drug trafficking. Both have pleaded not guilty. Vice President Delcy Rodriguez was sworn in as Venezuela’s authorized president on January 6.