Argentine justice upholds universal jurisdiction for crimes in Venezuela

Argentina's Federal Chamber confirmed on Thursday its jurisdiction to investigate crimes against humanity committed in Venezuela under universal jurisdiction principles. It rejected a nullity request and prison exemption for Justo José Noguera Pietri, former commander of the Bolivarian National Guard. The case targets systematic attacks on Venezuelan civilians since 2014.

Buenos Aires' Federal Chamber upheld on Thursday Argentina's jurisdiction to try crimes against humanity committed in Venezuela. Judges Leopoldo Bruglia and Pablo Bertuzzi endorsed federal judge Sebastián Ramos's November ruling, dismissing a fresh nullity bid and prison exemption request from Justo José Noguera Pietri's defense, the former Bolivarian National Guard commander and ally of Nicolás Maduro's government.

Noguera Pietri, like Maduro and Diosdado Cabello, has faced international arrest warrants since 2024. The probe, handled at Comodoro Py federal courts, focuses on systematic assaults on Venezuelan civilians since at least 2014, encompassing tortures, kidnappings, and executions in a scheme orchestrated from Venezuela's top power levels.

In September 2024, Ramos summoned Maduro, Cabello, and other suspects for questioning, charging them with involvement in these acts. The defense, led by Fernando Sicilia, claimed jurisdiction lies with the International Criminal Court (ICC), but the appeals judges stated that 'the reported facts exhibit extreme gravity, causing harm to fundamental human rights, thus enabling universal protection without delay'.

The Chamber also overturned partial file access for the defense, following the prosecution's request by Waldo Wolff and Tomás Farini Duggan of the Argentine Forum for Democracy in the Region, to safeguard victims. On the prison exemption, they denied it due to the charges' severity and Noguera Pietri's ties to Venezuelan power structures, where he remains free.

Maduro's recent arrest by the United States in Caracas on drug trafficking charges prompted an extradition request in this case from the prosecution and federal prosecutor Carlos Stornelli. Universal jurisdiction empowers national courts to address severe human rights violations impacting the global community, even if events occur abroad.

The judges allowed for potential jurisdiction review if ICC proceedings advance, to prevent dual prosecutions.

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