The Supreme Court of Justice (TSJ), meeting in the Constitutional Chamber, denied the possibility of granting a measure of freedom to the llanera music singer Omar Labrador, who is currently being tried for his alleged connection with the Tren del Llano criminal structure.
Such decision is contained in ruling number 1,523 published on October 6, where it is clarified that Labrador filed an amparo action against the ruling of November 29, 2024, issued by Chamber 1 of the Court of Appeals with Jurisdiction in Cases Related to Crimes Associated with Terrorism. That Court of Appeals in turn supported a decision of July 22, 2024 of the 1st Special Trial Court with jurisdiction in Terrorism that denied granting a measure of freedom to Labrador, a circumstance that the accused considers a violation of due process.
Faced with this refusal, Labrador knocked on the doors of the TSJ where he filed an appeal for protection requesting that a precautionary measure alternative to deprivation of liberty be decreed, allowing him to continue the trial outside of bars. He alleges that more than two years have passed since his imprisonment without a ruling regarding his guilt or innocence of the crimes for which he is being prosecuted. He stated that article 230 of the Organic Code of Criminal Procedure establishes what is called ”the decay” of the custodial measure, which should not exceed two years. This article also leaves open the possibility of being extended (the deprivation of liberty) “when there are serious causes that justify it,” such as, for example, the impossibility of completing a trial.
In this regard, the Court of Appeals observed that the delay in Labrador’s trial “does not arise from causes attributable to the court.” The aforementioned Court also states that, although it is true that a period of two years has passed, the reasons why Labrador was detained “was for serious crimes,” such as money laundering, criminal association and terrorist financing.
That is why the Court of Appeals supports the resolution that denied releasing Omar Labrador because the trial judge made said decision after carrying out “a considered analysis substantiating the factual and legal reasons.”
When analyzing the matter, the magistrates of the Constitutional Chamber recalled that the decay of the custodial measure does not operate automatically, since there are multiple circumstances in the development of the criminal process that must be analyzed by the judge, such as the seriousness of the crime and the causes of the delay of the trial, among others.
In light of this reasoning, the magistrates consider that the decision of the Court of Appeals, by which it endorsed the refusal to release the singer Labrador “was in accordance with the law.” ”Although the ruling challenged in the amparo was contrary to the claims of the plaintiff, it did not violate the constitutional guarantees denounced today, referring to effective judicial protection, personal freedom and due process, contained in articles 26, 44 and 49 of the Constitution…”, concludes the Chamber by declaring the amparo filed by Labrador inadmissible.
The history of the cell phone
Omar Labrador was arrested by the Cicpc on June 9, 2022 for his alleged connection with the Tren del Llano criminal group, which operates from Altagracia de Orituco (Guárico), the birthplace of the aforementioned singer. But in addition to Labrador, 18 people allegedly linked to the aforementioned criminal group were arrested, whose prosecution began on May 19, 2023 before the 1st Special Anti-Terrorist Court and was interrupted at the end of November of that year.
The 73rd National Prosecutor’s Office has maintained that Labrador bought farms in Altagracia de Orituco after the members of the Tren del Llano intimidated their owners so that they would sell “at a skinny chicken’s price.”
But the man responds that the origin of his “stable position” in agricultural production is due to the success achieved in plainsong “which gained momentum after having performed the song Por Culpa del Celular in 2002… he began to invest in livestock.”
Currently, the Strategic Operational Command of the Bolivarian National Armed Forces (Ceofanb) maintains Operation Zaraza active, aimed at neutralizing the Llano Train. The leader of this criminal structure, Oscar de Jesús Noguera Hernández, spoke out in favor of the protests against the presidential elections of July 28, 2024, which gave victory to President Nicolás Maduro.
