The key facts

  • Maduro and Flores' defense team requests the New York court to dismiss torture conspiracy charges
  • Arguments include procedural errors by US prosecutors and head-of-state immunity
  • The trial is scheduled for June 14, 2027, with the couple currently detained in New York

Defense Motion

The defense of former Venezuelan leader Nicolás Maduro and his wife Cilia Flores has requested the New York court to dismiss charges of conspiracy to commit torture, according to documents filed, as reported by the EFE news agency. This was reported by Gazeta.Ru. A month ago, US prosecutors intensified the charges: both spouses were accused of conspiracy to commit torture, and the former first lady was additionally charged with conspiracy to engage in narcoterrorism.

Defense Arguments

Attorney Andrés Sánchez filed a motion accompanied by a declaration and memorandum, stating that the new government of Venezuela recognized by Washington has not taken the constitutionally required steps to formally remove Maduro from the presidency. 'Venezuela has not renounced anything; its constitutional order considers Maduro's absence as forced,' EFE quoted the defense. The attorney referenced a statement by a senior US State Department official from October 26, noting that Delsy Rodríguez, who is governing Venezuela, 'would have to declare the presidency vacant,' but she did not do so—meaning, according to the defense's logic, Maduro retains his position. Furthermore, as the attorneys pointed out, even the indictment mentions his presidential status.

Immunity and Trial Prospects

The motion asserts that Maduro is entitled to sovereign immunity because he held the presidency when he was abducted by Americans, and functional immunity, as all charges relate to actions taken in his capacity as head of state. The defense also argued that the US has no right to unilaterally strip an elected president of another country of immunity simply by declaring him 'illegitimate.' Maduro and Flores are currently detained in New York awaiting the trial scheduled for June 14, 2027. The outcome of the motion remains unknown: available publications do not report any response from the court or prosecutors regarding the defense's arguments.