( Spanish) — The Venezuelan government appeared this Wednesday before the Argentine Justice to formally oppose the seizure of the state-owned Emtrasur plane, ordered last week by federal judge Federico Villena at the request of a United States court, according to the brief accessed by .
According to the document signed by the lawyer Gabriel Palmeiro, 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 public property of the Bolivarian Republic of Venezuela and in the rights that concern its sovereignty.
This is the first formal demonstration of the government of Nicolás Maduro before the Argentine Justice to try to reverse the judicial decision that has provoked the anger of the Venezuelan ruling party
Rusconi visited Venezuela last week where he met with Vice President Delcy Rodríguez and Foreign Minister Carlos Faría to advise the Maduro government on the cargo plane case, a source from the Argentine government and a source close to the defense told .
The Boeing, model B747-3B3, registration YV3531, has been held at the Ezeiza International Airport, in Buenos Aires, since the beginning of June while it is being investigated whether the crew had links to possible terrorist activities in the country.
The aircraft was subject to a routine inspection by the FBI and under the supervision of the Argentine Federal Police.
Lawyer Palmeiro also told the judge that he will state that “the Treaty of Mutual Legal Assistance in Criminal Matters with the government of the United States of America is not applicable” and therefore “said instrument cannot be used, with the aim of curtailing the rights of my principal”, in reference to the legal argument cited by Judge Villena to authorize the seizure of the plane.
This treaty, said Palmeiro, “results in exclusive application in procedures related to criminal matters while the claim that the Government of the United States of America intends to channel in proceedings is of another nature (commercial), an issue that, in addition, deprives it of active legitimacy in these acts”.
The request is added to the one already made by another Argentine lawyer, Daniel Ramón Trava, who represents Emtrasur in the file and has already appealed the decision to seize the plane at the disposal of the United States, arguing that “an irreparable lien is taking place,” according to another document accessed by .
Rusconi and Palmeiro are also lawyers for Julio De Vido, Argentina’s Minister of Planning during the governments of Néstor Kirchner and Cristina Fernández de Kirchner (2003-2915). De Vido is one of those accused of alleged illicit association and alleged fraud against the public administration in the oral and public trial that also has among those accused the current vice president of the country, Fernández de Kirchner.
De Vido was a prominent figure during the Kirchner governments and was one of the negotiators with the Venezuelan government during the administration of the late President Hugo Chávez.
The law firm is also a party to the cause of the death of prosecutor Alberto Nisman in defense of one of the defendants, Diego Lagomarsino, accused of having delivered the weapon that ended the life of the prosecutor in suspicious circumstances.
communicated with the Vice Presidency of Venezuela and the Venezuelan Foreign Ministry, without having received any comment at the moment.
Currently, the court case on the plane is divided into two files in charge of Judge Villena.
In the original case, the crew and the destination of the trip made by Emtrasur to Argentina are investigated.
Additionally, there is another process under development at the request of the US Justice.
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