Condemned to trial: the United States deprives Nicolas Maduro of the right to defense

The trial of Nicolas Maduro and his wife resumed in the United States on March 26. The defense demanded to dismiss the case, but the court rejected the petition. The focus of attention during the meeting shifted from specific accusations towards violations of the US Constitution during the trial. The defendants cannot afford a lawyer: they do not have access to personal funds, and the US Treasury refuses to accept money from the Venezuelan government. This violates Maduro's right to a defense and a fair trial, his lawyers believe. Meanwhile, the Venezuelan authorities continue to make concessions to the United States. Previously, they legally allowed foreign companies to enter the oil sector, and now they are going to open up for them the extraction of other minerals — gold, diamonds and rare earth metals. Some experts do not rule out that these actions are part of a deal to free Nicolas Maduro, but so far there is nothing to suggest that the case against him will be closed.

The hearing on the Nicolas Maduro case

Since the morning, there has been a long queue outside the federal court in New York, wishing to attend the trial. About 200 people, including both ordinary people and journalists, gathered in anticipation of the trial of Venezuelan President Nicolas Maduro and his wife Celia Flores.

There were also those among the crowd who offered paid services for waiting in line. They charged $50 in one hour. The court was open, and there were few seats. The professional "queue handlers" were the first to arrive.

A few hours later, protests began outside the courthouse. Two groups performed. Some are in favor of freeing the president, others are in favor of putting him in prison. However, this issue will be resolved later. A pre-trial hearing on the issue of the defense dispute was scheduled for March 26.

The court was asked to dismiss the case against Maduro, but the motion was rejected. Judge Alvin Hellerstein said he was not going to dismiss the case on the grounds that the US authorities were preventing the Venezuelan government from paying for the defendants' legal services.

A regular hearing on the case of Nicolas Maduro and his wife Celia Flores was held in New York on March 26. The hearing was originally scheduled for March 17, but it was postponed due to a dispute over protection. According to lawyer Barry Pollack, who took on the Maduro case, the U.S. Treasury Department first allowed Venezuela's budget to be used to pay lawyers to the president and his wife. However, this decision was later withdrawn, citing an administrative error.

According to the laws of Venezuela, it is the government that pays for the expenses of the president and the first lady. The actions of the American government violate the defendant's right to a chosen lawyer guaranteed by the Sixth Amendment to the constitution, Barry Pollack believes.

— The Venezuelan government is obliged to pay Mr. Maduro protection. Mr. Maduro has legitimate expectations that the Venezuelan government will do this, as he himself cannot afford to [pay for] protection," the lawyer said.

The Venezuelan Prosecutor General's Office confirmed the willingness of the country's authorities to pay the costs of protection. But this is hindered by the sanctions still in force against Venezuela. In particular, they prohibit direct money transfers of government funds from Venezuela to the United States. They must pass through a special fund within the States, and after that the decision on their use is made by the US Treasury.

The US authorities believe that Nicolas Maduro and his wife can pay for protection from personal money, which means that the United States does not infringe on their right to protection. However, according to the lawyers, due to the sanctions, the defendants do not have access to personal money to pay for protection. As a result, the Fifth Amendment to the Constitution is also violated, which protects against State arbitrariness and guarantees a fair judicial procedure.

Maduro has the opportunity to ask for a free public defender, but his lawyers believe that this will not eliminate the constitutional violation committed, and the best way to remedy the situation would be to dismiss the case. But experts express doubt that the United States will do this.

"In American practice, processes that have gained significant political significance are usually brought to an end," Ilya Margolin, a consultant on public administration and international policy, told Izvestia.

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The expert emphasized that in the Maduro case, the subject of dispute was no longer the accusation as such, but the limit of permissible restrictions on the defense itself. Such situations are dangerous because one deviation from the procedure opens the way to the next. In such a situation, the defense needs to rigidly record each procedural violation, seek its separate judicial assessment and consistently return the case to the legal framework, Margolin concluded.

Several charges have been brought against Maduro and his wife: drug trafficking, conspiracy to import cocaine into the United States, arms trafficking and money laundering. These articles belong to the category of particularly serious crimes: for drug conspiracy alone, they can face from 10 years to life in prison, and collectively, for all episodes, they actually serve a life sentence without the right to early release.

The couple is in a detention center in Brooklyn. The Venezuelan president was placed in solitary confinement, limiting his contacts with other prisoners. Maduro does not have access to the Internet and newspapers. He is only allowed to talk on the phone with his family and lawyers, and each conversation lasts no more than 15 minutes.

Dialogue between Venezuela and the United States

Meanwhile, the United States is increasing its influence on Venezuela. On January 29, the authorities of this country have already changed the law on hydrocarbons in such a way as to allow American companies to enter the oil industry. The reform gave foreign concerns the opportunity to independently commercialize production and generate revenue outside the direct control of the state-owned PDVSA company.

— Now we are not talking about eliminating the PDVSA monopoly, but about the fact that this state-owned company will somehow distribute quotas for oil production, refining and export and will allow American companies to enter this field, — said Egor Lidovskaya, CEO of the Hugo Chavez Latin American Cultural Center. — On the one hand, this is a step back in relation to Venezuelan sovereignty, on the other hand, we cannot say that PDVSA is controlled by the United States.

Currently, none of the American companies has invested in the Venezuelan oil industry, said Viktor Kheifets, chief researcher at the ILA RAS. De facto, the Americans only export and sell their existing stocks on the world market, but this is not enough to restart the industry. Therefore, Venezuela is looking for ways to more actively attract foreign investors, the expert stressed.

And it's not just about the oil sector. Amendments to the law on mining are currently being discussed, but have not yet been finalized, which should open up the extraction of gold, diamonds and rare earth metals to foreign companies.

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Venezuela's acting President Delcy Rodriguez, speaking at the investment summit in Miami on March 25, stressed the need for "de-ideologization" when discussing the investment climate in the country. At the same time, Yegor Lidovskaya pointed out that public statements from Washington and Caracas differ. According to him, Delcy Rodriguez motivates her actions by temporary difficulties and the need to release Nicolas Maduro from prison. While Donald Trump says that the Venezuelan authorities are making a deal in the style of "you give us the resources, and we give you the power." At the same time, the United States has not yet lifted sanctions against Venezuela.

Despite Donald Trump's winning rhetoric, the changes taking place in Venezuela do not mean a complete change of course. Power in the country remains in the hands of the left, and the opposition, including Maria Corina Machado, has not taken leadership positions. The economic model associated with the redistribution of oil revenues and the strong role of the state remains, Yegor Lidovskaya added. Caracas has previously demonstrated its willingness to engage in dialogue with Washington and expand economic cooperation, and continues to do so now — without relinquishing control over key industries and without severing relations with other partners, including the BRICS countries.