Deprivation Of Rights Under The Guise Of Extradition: Alex Saab Case As A Case Study

… Venezuelan Diplomat, Saab, Still In Cape Verde Custody One Year After

June 12, 2021 makes it exactly a year since a Venezuelan diplomat, Alex Saab, was arrested in Cape Verde while on a mission to get food and medical supplies in Iran for the former country.

This event coincides with Nigeria’s historical June 12, a Democracy Day, a contrast to what Mr Saab had been experience for exactly a year today

He was arrested at the request of the Donald Trump-led United States government over allegations of money laundering. 12 months after, as the case degenerates into an international crisis, the diplomat is still under arrest amid concerns over his health.

Within days of his arrest, the Trump-led administration had requested Mr Saab’s extradition to the U.S. for money laundering, a move the Venezuelan government faulted, claiming the businessman is its Special Envoy on a “humanitarian mission” to get food and medical supplies.

“This fact, in violation of international law and norms, clearly corresponds with the actions of aggression and siege against the Venezuelan people, undertaken by the government of the United States with the aim of abruptly affecting and interrupting efforts on behalf of the Bolivarian government, aimed at guaranteeing the right to food, health and other basic rights of the Venezuelan people,” the government said in a statement on June 13.

Ignoring Mr Saab’s immunity in his capacity and status as a diplomat, Cape Verde authorities bowed to the U.S.extradition request without a treaty of extradition between the duo.

It is within the above context and perceived violations of Mr Saab’s human rights that he lodged complaints against the Cape Verdean authorities.

“Cape Verde’s willful violation of its own laws, and customary international law, will also tarnish the ECOWAS region’s commitment to upholding the highest standards of human rights and legal protections,” Baltasar Garzón, a former Spanish judge and one of the attorneys on the case, said at the time.

The alleged arbitrary detention, in violation of the Vienna Conventions on diplomatic relations, was heard on November 30 before ECOWAS Court in Abuja.

The ECOWAS court, in its ECW/CCJ/RUL/07/2020 ruling, affirmed Saab’s diplomatic status, ordered his immediate release from prison and his transfer to permanent home detention.

It also ordered the suspension of “the extradition proceedings, pending a hearing on the substantive issues concerning his detention scheduled for 4 February 2021.” The Cape Verde authorities refused to obey this order.

Saab Gets New Appointment In Detention

In a communiqué dated December 24, 2020, Venezuela announced the appointment of Mr Saab as its Alternate Permanent Representative to the African Union (AU).

“What is clear is that the African Union considers the immunity of high-ranking officials as something to be taken seriously. It therefore stands to reason that the African Union will expect all its member States, including Cabo Verde, to respect the international status of representatives of governments accredited to the organisation. These now include Mr Alex Saab,” Rutsel Martha, a member of Mr Saab’s defense team, said in December.

Denied Medical Care

Meanwhile, in the ECOWAS court ruling, it also ordered that Saab, a cancer patient, should be given the proper medical care.

However, in January, his doctor, Karol Sikora, a cancer specialist and Chief Medical Officer of Rutherford Health in the United Kingdom, said he was disappointed at the Cape Verdean authorities for disobeying the court order.

“I spent three days (December 20 to 23) in Cape Verde and unfortunately, the lawyer, Dr Pinto, could not get hold of permission from both the local and national prison authorities to see him,” Sikora said. “The danger of this is that if he does not receive medical care, he will develop fast invasive cancer of the stomach.”

Similarly, In January, Saab appealed a Cape Verdean court ruling assenting to the United States of America extradition request. In an appeal filed before the Cape Verde Supreme Court of Justice, his legal team contested the judgement on the ground that the U.S. extradition process is alien to the country’s legal system and other international laws.

‘ECOWAS’ Lacks Jurisdiction

During a hearing at the ECOWAS court in February, Cape Verdean government, through its representative, Henrique Borges, insisted that the court lacks jurisdiction to decide the case as it has “not signed and, consequently, not bound by the Additional Protocols of ECOWAS Court” and dismissed Mr Saab’s diplomatic status.

Reacting to this argument, the Venezuelan diplomat’s legal team, led by Femi Falana, faulted Mr Borges arguments by using the Revised Treaty (Article 15) and Additional Protocols 2005.

“Cape Verde cannot claim that Alex Saab is not a diplomat as he is a Special Envoy to Iran and recognised in that role by Iran,” he argued.

Saab’s Arrest Illegal — ECOWAS Court

In March, the ECOWAS court finally ruled that the arrest and detention of Saab by Cape Verde was illegal. It also said the diplomat should be released and be paid $200,000 for unlawful detention.

“We found that his arrest was arbitrarily done by the criminal police of Cape Verde” and his subsequent detention are “all illegal,” Justice Januaria Costa, who delivered judgement on the matter, said.

Falana Writes Cape Verde Authorities

Following the judgement, in a letter addressed to both Jorge Fonseca, and Jose Silva, the President and the Prime Minister of the Republic of Cabo Verde respectively, Falana cautioned the country against disrespecting the regional court’s new judgment like the previous one.

“As an important member State of the African Union and the ECOWAS, the Republic of Cabo Verde has both legal and moral responsibility to respect the sanctity, integrity, authority and independence of the community court of Justice,” the letter read in part.

Mr Falana, a Senior Advocate of Nigeria, added “Having fully participated in the ECOWAS Court’s process (as evidenced by the attendance and participation of your counsel Dr Henrique Borges on both 5 February and 15 March) and therefore submitted to the jurisdiction of the ECOWAS Court, we would expect your immediate compliance with the Honourable Court’s decision.”

He noted that in view of the fact that the judgment of the court is binding and immediately enforceable, “we are compelled to respectfully request your Excellencies to ensure that the government of the Republic of Cabo Verde complies with the judgment as well as provides safe passage for Mr Saab to enable him to assume his diplomatic duties as an Alternate Permanent Representative of the Bolivarian Republic of Venezuela to the African Union.

Cape Verde’s Supreme Court Contravenes ECOWAS

Few days after, in sharp contrast to the ruling by the ECOWAS court, the Cape Verdean Supreme Court held that Cape Verde was not a signatory to the Protocol of 2005 establishing the regional court, adding that ECOWAS itself is not “a supranational organisation”.

By holding ECOWAS to be a non-supranational organisation implies that the country does not accept ECOWAS’ power or influence that transcends national boundaries or governments.

“For all the reasons that are exposed to the thesis that intends to see ECOWAS a supranational organisation for the purposes of the provisions of article 12, paragraph 3, of the Constitution of the Republic, it cannot be accepted by the Cape Verdean Judicial Courts,” the country’s apex court ruled.

It added, “Therefore, as ECOWAS is not a supranational organisation for the time being, and the State of Cape Verde has not even signed the 2005 Protocol, there is no basis for it to be considered linked to such an instrument.”

Falana Files For Sanction Against Cape Verde

Following its decision to disobey the ruling of the ECOWAS court, Falana filed a motion to the ECOWAS Commission praying that a sanction be imposed on Cape Verde for snubbing its regional court’s judgement.

In the motion he submitted to the ECOWAS Commission, requested an imposition of a travel ban throughout the ECOWAS member states against some Cape Verde government officials and their family members.

The officials identified by Mr Falana include Jorge Carlos de Almeida Fonseca, President of Cape Verde; José Ulisses de Pina Correia e Silva, Prime Minister of Cape Verde; Rui Alberto de Figueiredo Soares, Minister of Foreign and Community Affairs and Minister of Defence of the Republic of Cape Verde.

Others are Paulo Augusto Rocha, Minister of Home Affairs of Cape Verde;Janine Tatiana Santos Lélis, Minister of Justice and Labour of Cape Verde and Luís José Tavares Landim, Prosecutor General of the Republic of Cape Verde.

Mr Falana also called for the suspension of new ECOWAS loans, execution of ongoing ECOWAS projects or assistance programmes to Cape Verde.

Also, he requested the ECOWAS authorities to exclude Cape Verde from presenting candidates for statutory and professional posts in ECOWAS, suspension of voting rights in ECOWAS and suspension from participation in the activities of ECOWAS.

Swiss Drop Of Probe Over Lack of Evidence

While Cape Verde continues to hold Saab in detention, a spokesman for Geneva’s prosecutor announced in March that it has shut a probe into Alex Saab over suspected money laundering via Swiss offshore accounts

According to the government Office tasked with evaluating suspicious funds, the investigation into Saab was sparked by several banks lodging reports with MROS.

Prosecutors said the now-shuttered Genevan investigation focused on a single vehicle tied to Saab, noting that the evidence from this was insufficient to bring formal charges against him.

Meanwhile, the withdrawal of the money laundering probe against Saab strengthens the position of the ECOWAS Court that there was no red notice in place during the time of his arrest.

UN Human Rights Commission Requests Cape Verbe To Refrain From Extraditing Saab

On June 8, the United Nations Human Rights Commission requested Cape Verde authorities to refrain from extraditing embattled Venezuelan diplomat, Alex Saab, to the United States.

The commission made the declaration in a letter signed by Helene Tigroudja and Arif Bulkan of its Human Rights Committee Special Rapporteurs on New Communications and Interim Measures.

According to the letter, the move was made pursuant to rule 94 of the Committee’s rules of procedure.

“The State party has been requested to refrain from extraditing Mr. Alex Nain Saab Moran to the United States of America while his case is under consideration by the Committee or until further notice,” the letter read in parts.

The commission also requested Cape Verde authorities to take all necessary measures to ensure access to appropriate health care for the author, preferably by independent and specialized physicians of his choice.