‘It’s illegal’ — Falana writes Cape Verde president over detained Venezuelan envoy

Femi Falana, human rights lawyer and counsel to Alex Saab, special envoy of the Venezuelan government, says the continued detention of his client by the Cape Verdean authorities is illegal.

In a letter dated January 7 and addressed to Cape Verde President Jorge Carlos Fonseca, Falana said the West African country is pursuing a “damaging path” in partnership with the US which has encouraged countries to obey the rule of law.

Jose M.P. Monteiro, Rutsel S. J Martha and Baltasar R. Garzon, also lawyers to Saab, signed the letter.

HOW IT STARTED

Saab was arrested on June 12, 2020 after his private jet made a stop over at Cape Verde on his way to Iran for a humanitarian mission on behalf of the Venezuelan government.

The businessman is caught up in a feud between Venezuela, his country, and the US.

The US put pressure on Cape Verde to arrest Saab with plans of extraditing him to face corruption charges.

But Venezuela President Nicolas Maduro who recently appointed Saab as ambassador to the African Union (AU) kicked against the move.

It was on that basis, Falana was instructed to ask the Economic Community of West African States (ECOWAS) court to stop the extradition.

In a verdict, the regional court ordered the immediate release of the envoy from prison and placed him under house arrest for health reasons.

It also ordered that extradition hearing be suspended in Cape Verde pending the hearing and determination of the suit before it in Abuja, Nigeria.

‘CAPE VERDE BREACHING INTERNATIONAL LAW’

In the letter, the lawyers said Cape Verde is breaching international law by denying the jurisdiction of the ECOWAS court and disobeying it.

“Alex Saab was entitled then, and is entitled now, to the protection of centuries of international law regulating the conduct of diplomacy and the freedom of diplomats to perform their duties free from arrest or detention,” the letter said.

“Nevertheless, if Cabo Verde refuses to abide by its responsibilities under international law, we look to the African Union to set the correct example.

“Cabo Verde’s efforts to deny the Court’s jurisdiction represent a further breach of international law. Cabo Verde’s argument that it has not ratified the Supplementary Protocol is disingenuous and unbecoming of the law-abiding State it claims to be.

“Cabo Verde fully participated in the adoption of the text of the Supplementary Protocol. It did not exercise its veto right to block the adoption of the text by the Authority of Heads of State and Government of the ECOWAS.

“Cape Verde’s actions over the past few months have created a distinct impression that it intends to move away from Africa. Indeed, it seems that this result is achieved by showing the world that the rule of law in Cape Verde is worse than in many member states of the African Union and ECOWAS.

“These members have the decency to respect international law and the decisions of the
ECOWAS Court of Justice. By setting itself ‘apart’, this merely indicates that Cape Verde appears to be a failed State with regard to Justice.

“We would respectfully urge you to give due consideration to the consequences of Cabo Verde’s ongoing defiance of the African Union and ECOWAS. Alex Saab’s detention is illegal and he should be released immediately to resume his diplomatic functions.

“For the sake of justice, we urge you once more; free Alex Saab.”