The Attorney General of the Republic of Cape Verde, Luís Landim has said that the archipelago authorities still “maintain the same position as always” in relation to the extradition of Alex Saab to the United States.
This is coming barely 24-hour after the Economic Community of West African States (ECOWAS) court on Monday ruled that the arrest and detention of a Venezuelan diplomat, Alex Saab, by Cape Verde was illegal.
It also said the diplomat should be released and be paid $200,000 for unlawful detention.
Femi Falana, counsel to Mr Saab, had filed a suit at the ECOWAS court challenging the arbitrary arrest and detention of the Venezuelan diplomat.
He argued that as a diplomat, Mr Saab should have enjoyed diplomatic immunity and should not be subjected to imprisonment and legal proceedings by Cape Verde.
Mr Falana asked the ECOWAS court to order the release of the diplomat, allegedly detained based on a request by the United States Government.
But while delivering judgement on the matter, Justice Januaria Costa rejected the first and second claims, stating that Mr Saab could not claim diplomatic immunity as his papers had expired at the time of his arrest.
Also, the judge struck out the second claim on the basis that there are international conditions for being a special envoy.
However, Luís Landim while reacting to the development in a statement by his press officer on Monday said: “The position of the Attorney General’s Office has not changed in relation to the extradition process of Mr Alex Saab or regarding the acceptance of jurisdiction or the supremacy of the jurisprudence of the ECOWAS Court of Justice over the domestic legal order” of Cape Verde.
“With regard to internal procedures in Cape Verdean justice, the process of the alleged special envoy and diplomat from Venezuela to the United States is currently in the hands of the Supreme Court of Justice (STJ), after the Windward Court of Appeal (TRB) ruled in favor of the claims of the Government of Cape Verde, the PGR and the United States, in the sense of extradition,” Mr Landim was quoted to have said.
Alex Saab’s arrest
Mr Saab was arrested on June 12, 2020, during a stopover at Amilcar Cabral International Airport on the Island of Sal by the Cape Verdean government. He was traveling to Venezuela from Iran.
His arrest by the Cape Verdean government was hinged on an international arrest warrant purportedly issued by Interpol at the request of the United States.
The Venezuelan authorities have continued to call for Mr Saab’s unconditional release, adding that he had diplomatic immunity at the time he was arrested.
The ECOWAS Court had in its December 20, 2020 ruling ordered the Republic of Cape Verde to place Mr Saab under permanent home detention in good conditions, including access to medical treatment and visits.
The court also ordered that the applicant should not be extradited pending the decision of the court on the substantive suit.
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