The trial against Nicolás Maduro and his wife Cilia Flores in the United States has become a subject of active discussions among experts. The uncertainty in this case highlights that, despite pressure from official Washington, the American judicial system may face its own legal complexities.
Political scientist Bakyt Baketaev points out that the possible release of the Venezuelan president does not depend on personal sympathies but is the result of serious contradictions in American legislation. The expert emphasizes that this is also related to the current geopolitical situation and the protection of the legal system.
Baketaev identified several key legal obstacles that may hinder the proceedings:
Exterritorial Limitations
The Constitution of the United States, particularly the Fifth and Fourteenth Amendments, guarantees due process of law. This means that no one can be arbitrarily deprived of liberty, and the court is obliged to assess the legality of the extradition of the accused. Although the Ker–Frisbie doctrine allows for the trial of individuals abducted outside the United States, it has never been used against sitting heads of state. Recognizing such a practice could create a dangerous precedent that would threaten the very security of the United States.
Immunity of Sitting Heads of State
The American judicial system recognizes immunity for sitting leaders (Head of State Immunity), even if the US government does not recognize their elections or imposes sanctions against them. Ignoring this principle could lead to a dangerous chain reaction, where future US presidents could be declared "illegitimate" in other countries, thereby normalizing the use of force in international relations.
The Political Question Doctrine
According to the Political Question Doctrine, courts refuse to consider cases that require intervention in foreign policy areas. Judges in the Maduro case will have to assess the legality of military operations and decisions made by US presidents, which is traditionally avoided by the judicial system.
The Alvarez-Machein Precedent Error
Some lawyers refer to the 1992 case when the Supreme Court allowed a trial against an abducted foreigner. However, Baketaev emphasizes that Alvarez-Machein was not a head of state, and his abduction did not threaten sovereign equality. In Maduro's case, this could touch upon the foundations of international law.
"The law should not serve as a tool of the victor; otherwise, it loses its power," quotes political scientist Robert Jackson.
Legal Paradox as an Opportunity for Dialogue
According to Bakyt Baketaev, the US Supreme Court must act within the framework of civilizational norms. The release of Maduro will not justify his policies but will establish boundaries that even a superpower cannot cross.
This outcome could unexpectedly be positive:
It will increase Venezuela's willingness to negotiate. It will create opportunities for constructive dialogue with the Donald Trump administration. It will strengthen the system of peaceful conflict resolution.
Alexis de Tocqueville said, "The strength of America lies not in its army but in its courts, which know how to say 'no' in time." If this "no" is voiced now, it will be a testament to the resilience of international law.
It is important to note that the decision of the federal district court in New York is not final. An appeal is possible in the Second Circuit Court of Appeals, as well as in the Supreme Court. However, it should be considered that American courts often only recognize those governments that are supported by the White House. If the courts deny Maduro the status of president, it could lead to a legal deadlock.
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