The judge denied in limine the appeal filed by Rusconi, that is to say, that discussion was not even admitted because that request did not comply with the law. A source consulted by the newspaper El Clarín indicated that the legal systems of Argentina and the United States are different and that Emtrasur is a private company constituted with public funds, so if they want to claim from Venezuela they should do so before the United States.
Federico Villena, the Argentine judge who is handling the case of the Venezuelan-Iranian plane held in Argentina for more than two months, rejected a request made by the lawyer Maximiliano Rusconi to present himself as a representative of the administration of Nicolás Maduro and the company that owns the plane. the aircraft, Emtrasur, in the case of the plane held in that country and that the justice of the South American nation admitted the request of the United States to seize it.
On August 17, the Venezuelan Executive made a formal statement before the Argentine justice to try to reverse the decision that weighs on the retained plane. CNN indicated on saturday 20 that the lawyer visited Venezuela in recent days and advised the vice president, Delcy Rodríguez, and the foreign minister, Carlos Faría, on the case.
According to the document signed by the lawyer Gabriel Palmeiro —a partner in the Rusconi firm—, who acts by virtue of a power conferred by the president of Emtrasur in Venezuela and by the country’s attorney general, Reinaldo Muñoz, the retention of the aircraft “would represent an arbitrary interference in the public patrimony of the Bolivarian Republic of Venezuela and in the rights that concern its sovereignty.
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Villena’s refusal was in liminethat is to say, that discussion was not even admitted because that request was not in accordance with the Law.
Sources consulted by the newspaper The clarin They indicate that the judge rejected the argument presented by Rusconi, who spoke of the fact that the Legal Assistance Treaty between Argentina and the US is only for criminal matters and the claim of the North American justice is of the commercial jurisdiction.
“The American legal system is different from the Argentine one. The crimes charged by the US Justice for the plane have a sentence of up to 20 years in prison. Therefore, they are criminal. It would be like contraband for the Argentine penal code,” the source said.
That same person added that Emtrasur is a private company that was established with public funds and therefore does not belong to the Venezuelan State. Now, he stated that the case would be different if the aircraft were assigned to the National Armed Forces. However, whatever the case, “that the lawyers of Venezuela” claim before the US justice, “he continued.
Maximiliano Rusconi is an Argentine lawyer who has defended various Kirchner politicians accused of corruption and other crimes, such as former Planning Minister Julio De Vido; the main figurehead of the Kirchner family, Lázaro Báez; and computer technician Diego Lagomarsino, prosecuted for the death of prosecutor Alberto Nisman, indicated We monitor.
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Argentine media reported the afternoon of Thursday August 11 that the federal judge of Lomas de Zamora, Federico Villena, ordered the seizure of the 747-300 aircraft owned by Emtrasur, the cargo subsidiary of the Venezuelan airline Conviasa, due to demands from the United States in relation to alleged activities linked to terrorism, according to the allegations presented since the ship was detained in Buenos Aires the first week of June.
According to the newspaper La Nación, prosecutor Cecilia Incardona supported the US request and Judge Villena determined that the plane be placed at the disposal of his court and of the federal judge in Washington, DC, Michael Harvey.
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