The Criminal Chamber of the Supreme Court of Justice expressed its support for the extradition process initiated by the Venezuelan State so that Spain could hand over Leopoldo López. Such a decision is reflected in sentence 661 written by Judge Elsa Gómez and which had the endorsement of her colleagues from the Criminal Chamber, Carmen Marisela Castro and Maikel Moreno Pérez.
The extradition is proposed following statements offered by Leopoldo López to the Europa Press media on September 20, where he expressed his agreement with a United States military invasion of Venezuela.
On that occasion, López said that the action of the United States was “absolutely legal”, whose administration has stationed a fleet of that country’s navy off the Venezuelan coast under the pretext of combating drug trafficking in the Caribbean Sea, as repeated by the US president, Donald Trump, even though the US Secretary of State, Marco Rubio, has publicly stated that this deployment has the purpose of capturing the president of Venezuela, Nicolás Maduro.
“All these statements are aimed at attacking the security and comprehensive defense of the nation and against the Venezuelan State, since the call made by citizen Leopoldo López (a fugitive from Venezuelan justice) is with the purpose of carrying out a terrorist operation through a foreign military intervention in Venezuela, in order to achieve the overthrow of the legitimately constituted government, seeking to generate violent scenarios within the population, putting citizen peace at risk,” the Public Ministry says. propose extradition.
Based on this account of the events, the 67th Prosecutor’s Office with Full and Special Competence in Asset Forfeiture, requested an arrest warrant against López before the 2nd Special Anti-Terrorist Control Court, an approach that was approved on September 22. This arrest warrant is one of the requirements established to open the possibility of prosecuting López in Venezuela for the alleged commission of the crime of instigating armed actions against the Republic, provided for in article 12 of the Organic Law Libertador Simón Bolívar against the Imperialist Blockade and in Defense of the Bolivarian Republic of Venezuela. The other crimes charged are treason, criminal association, conspiracy and terrorism. The latter two carry a sentence of 30 years in prison. Three days after the arrest warrant against López was approved, specifically on September 25, the 2nd Special Control Court with Jurisdiction in Cases Linked to Terrorism decreed the start of the extradition process and consequently sent the file to the TSJ so that the magistrates of the Criminal Chamber can issue a decision as to whether it proceeds or not.
In that sense, the magistrates verified whether the required documentation exists to propose the extradition of López to the Kingdom of Spain. To carry out this check, the magistrates relied on the Extradition Treaty signed between the Kingdom of Spain and Venezuela in Caracas on January 4, 1989.
Article 15 of the aforementioned treaty establishes that every extradition request must be accompanied by “a copy or transcription of the legal texts that classify and punish the crime with an expression of the applicable penalty or security measure, those that establish the jurisdiction of the requesting party to hear about it, as well as those referring to the prescription of the action or penalty (…)”.
In light of this rule, the magistrates determined the existence of an arrest warrant against López, which was based on the different investigative acts carried out by the Public Ministry and which were described in the extradition request. One of these investigative acts is the expert opinion prepared by the Information Technology Systems Analysis Division of the Public Ministry, through which the statements of Leopoldo López to the Europa Press titled as follows: “Leopoldo López requests US intervention against the Cartel of the Suns in Venezuela: It is absolutely legitimate.”
The judges of the Criminal Chamber recalled that Spain and Venezuela signed the Inter-American Convention against Terrorism, which aims to prevent, punish and eliminate terrorism. To this end, the States Parties undertake to adopt the necessary measures and strengthen cooperation between them, in accordance with the provisions of the convention, says the Criminal Chamber of the TSJ.
The magistrates also confirmed that the principle of territoriality is complied with, as required by the extradition treaty. At this point they point out that the crimes for which the active extradition of López is requested were planned in the territory of the Kingdom of Spain, with the purpose of being committed in Venezuela. “Therefore, in accordance with the provisions of article 4, paragraph 1, of the Venezuelan Penal Code, in the case under study the application of the principle of protection operates, which consists of implementing the Venezuelan criminal law to acts committed by Venezuelans abroad, who are convicted of treason against the Republic, for harming the interests of the Venezuelan State,” they state.
The sentence that remains to be paid
This is the second time that Venezuela requests that Spain hand over Leopoldo López. There is already an extradition request approved by the Criminal Chamber of the Supreme Court of Justice on May 12, 2021, according to sentence number 24, where Venezuela asks Spain to send López to finish serving the sentence of 13 years, 7 days and 12 hours that the 28th Trial Court of Caracas imposed on him on October 1, 2015 for the acts of violence on February 12, 2015. 2014, when a wave of street violence began that culminated in June of that year with 46 deaths.
López has 8 years, 6 months, 24 days and 12 hours left to pay for that sentence, says the sentence of the Criminal Court. The subject fled Venezuela after 4/30/19 when the attempt to overthrow President Nicolás Maduro from the Altamira distributor failed.
