The Supreme Court rejects instantly paralyzing the delivery of Former General Chavista Hugo Armando Carvajal, known as the Chicken Carvajal, to the United States. The Contentious-Administrative Room has rejected this Monday the precautionary measure of Venezuelan to suspend the executive of the Agreement of the Council of Ministers, of March 3, 2020, by which its delivery to the US authorities was agreed upon.
In a car, the high court indicates that "there is nothing" in the carvajal request letter that allows the concluding of the concurrence of special urgency circumstances that requires a prepayment request, and no new arguments are alleged with respect to those raised in a Petition for precautionary suspension formulated in 2020 that was already rejected by the room in May of that year. The precautionary measures must be resolved by the court without listening to the other Party, in this case to the legal services of the Government, that is, the State Law.
At the same time that it dismissed the precautionary measure, the third room agrees to process the precautionary incident by the ordinary procedure, in which the executive is hearing as an author of the contested resolution before deciding.
Likewise, the magistrates explain in the self-notified auto this "the pretension now actuated should be examined by accuming that in the present appeal, which was already decided by Auto of May 28, 2020, in the That the suspension of the contested decision was denied, considering that, in accordance with the reiterated jurisprudence of this room for cases similar to the present, the delivery of citizens who have declared the origin of extradition has already been declared by the Court of the criminal order, which in the present case had agreed on preventive prison. "
"That," the car is, "when that resolution was dictated, the appellant was in ignored whereabouts, which made it difficult to execute the contested act and the risk precisely contrary to the invoked in favor of the precautionary measure, that is. , which will be frustrated the execution of this act, case of the dismissal of the contentious-administrative resource; and this without prejudice to the breakdown of the Order of being available to the Criminal Court that had decreed its freedom by revoking the Order of Initial Prison. "
The Supreme emphasizes that "in view of this preliminary condition, it is true that there is nothing in the request letter that allows to conclude in the concurrence of said special urgency and can not be concluded from the allegations that are made in that request, which are Referred to the general budgets of adoption of precautionary measures that, in the scheme of the request made, would be a matter subsequent to the origin of the summary procedure of this incident that is conditioned by that special urgency ".
In the exposed sense, the Chamber "does not come to understand the petition that is made regarding the suspension of a resolution, the delivery order, when the precautionary measure had already been denied in the aforementioned car and the adoption is replaced by way Procedural Sumaria, without invoking any of the circumstances that deduct this preliminary circumstance ".
The former head of Venezuela military intelligence was arrested last week in Madrid by the DEA (American anti-drug agency) after remaining unknown whereabouts after the national audience agreed to deliver it to the US for drug trafficking crimes.Date Of Update: 22 September 2021, 10:41