ECOWAS Court Orders Immediate Release of Venezuelan Detained by Cape Verde

The ECOWAS Court of Justice has ordered the immediate release of
a Venezuelan, Mr Alex Nain Saab Moran who has been detained by the
government of Cape Verde since 12th June 2020 and the payment of
200,000 USD as compensation for the moral prejudice suffered as a
result of his arbitrary arrest and unlawful detention.

Delivering judgment of the Court on Monday, 15 March 2021,
Justice Januaria Costa, the judge rapporteur, declared the
Applicant’s arrest on 12 June 2020 while in transit through Cape
Verde and subsequent detention by the Republic of Cape Verde as
unlawful and a violation of Article 6 of the African Charter on
Human and Peoples’ Rights that guaranteed the right to personal
liberty and security of the person.

The Court also ordered the Cape Verdean authorities to
“discontinue all proceedings and processes aimed at extraditing the
Applicant to the USA” but declined all other claims, orders and
injunctions sought by the Applicant.

In its analysis, the Court observed that though the Venezuelan
government later claimed Mr Saab Moran was travelling as its
special envoy, he did not possess valid requirements qualifying him
as a diplomat accredited in Cape Verde or other state or of high
political office at the time of his arrest.

Consequently, the Court dismissed the Applicant’s claim of
diplomatic immunity and inviolabilities as provided in Article 42
of the 1969 New York Convention on Special Missions.

On the Applicant’s allegation of arbitrary arrest and detention,
the Court concluded based on evidence before it, that the
Respondent state effected the arrest of Mr Saab Moran on 12 June
2020 without informing him of the reasons for his arrest or
presenting to him an arrest warrant or a red alert issued by
Interpol for his extradition in line with the United Nations
Convention against Transnational Organized Crime to which both the
US and Cape Verde are signatories, and contrary to Cape Verdean
national laws.

Accordingly, the Court held that the Applicant’s arrest and
detention was arbitrary and illegal in violation of the
Respondent’s national laws and violated Article 6 the African
Charter on Human and Peoples’ Rights and Article 9 (1) of the
International Covenant on Civil and Political Rights.

The Applicant Mr Alex Nain Saab Moran though his counsels, Mr.
Femi Falana and Mr José Manuel Pinto Monteiro initiated suit no
ECW/CCJ/APP/43/20 alleging the violation of the Applicant’s rights
to liberty and security, freedom from torture and inhuman treatment
and freedom of movement and challenging the legality of his arrest
during his flight stopover and subsequent detention by the Cape
Verdean authorities pending extradition at the request of the US
government.

Counsel to the Applicant argued that Mr Saab Moran was arrested
without a warrant on-board an aircraft during a stopover to refuel
in Cape Verde and arraigned in court on the third day contrary to
laws of Cape Verde.

The counsel further argued that the Cape Verdean government
erred by arresting and detaining Mr Saab Moran whom they described
as a special envoy on a diplomatic mission and was therefore
entitled to diplomatic immunity.

In a counter argument, Mr Henrique Semedo Borges counsel to Cape
Verde denied violating any of its national laws or international
agreements and submitted that the arrest and detention of Mr Saab
Moran pending his extradition complied with the general principles
of international cooperation in criminal matters.

Mr Borges further argued that the US request for the Applicant’s
extradition was premised on allegations of crimes committed by the
Applicant on the US territory and that the Applicant did not also
meet the requirements qualifying him as a special envoy with the
associated immunities.

The Court had in its Ruling of 20 December 2020 following the
Applicant’s application for interim measures, ordered the Cape
Verdean authorities to place Mr Saab under permanent home detention
in good conditions and allow him access to medical treatment and
visits pending the decision of the Court on the merits of the
case.

Other judges on the panel were Justices Edward Amoako Asante
(presiding) and Dupe Atoki (member).

The ECOWAS Court of Justice has ordered the immediate release of
a Venezuelan, Mr Alex Nain Saab Moran who has been detained by the
government of Cape Verde since 12th June 2020 and the payment of
200,000 USD as compensation for the moral prejudice suffered as a
result of his arbitrary arrest and unlawful detention.

Delivering judgment of the Court on Monday, 15 March 2021,
Justice Januaria Costa, the judge rapporteur, declared the
Applicant’s arrest on 12 June 2020 while in transit through Cape
Verde and subsequent detention by the Republic of Cape Verde as
unlawful and a violation of Article 6 of the African Charter on
Human and Peoples’ Rights that guaranteed the right to personal
liberty and security of the person.

The Court also ordered the Cape Verdean authorities to
“discontinue all proceedings and processes aimed at extraditing the
Applicant to the USA” but declined all other claims, orders and
injunctions sought by the Applicant.

In its analysis, the Court observed that though the Venezuelan
government later claimed Mr Saab Moran was travelling as its
special envoy, he did not possess valid requirements qualifying him
as a diplomat accredited in Cape Verde or other state or of high
political office at the time of his arrest.

Consequently, the Court dismissed the Applicant’s claim of
diplomatic immunity and inviolabilities as provided in Article 42
of the 1969 New York Convention on Special Missions.

On the Applicant’s allegation of arbitrary arrest and detention,
the Court concluded based on evidence before it, that the
Respondent state effected the arrest of Mr Saab Moran on 12 June
2020 without informing him of the reasons for his arrest or
presenting to him an arrest warrant or a red alert issued by
Interpol for his extradition in line with the United Nations
Convention against Transnational Organized Crime to which both the
US and Cape Verde are signatories, and contrary to Cape Verdean
national laws.

Accordingly, the Court held that the Applicant’s arrest and
detention was arbitrary and illegal in violation of the
Respondent’s national laws and violated Article 6 the African
Charter on Human and Peoples’ Rights and Article 9 (1) of the
International Covenant on Civil and Political Rights.

The Applicant Mr Alex Nain Saab Moran though his counsels, Mr.
Femi Falana and Mr José Manuel Pinto Monteiro initiated suit no
ECW/CCJ/APP/43/20 alleging the violation of the Applicant’s rights
to liberty and security, freedom from torture and inhuman treatment
and freedom of movement and challenging the legality of his arrest
during his flight stopover and subsequent detention by the Cape
Verdean authorities pending extradition at the request of the US
government.

Counsel to the Applicant argued that Mr Saab Moran was arrested
without a warrant on-board an aircraft during a stopover to refuel
in Cape Verde and arraigned in court on the third day contrary to
laws of Cape Verde.

The counsel further argued that the Cape Verdean government
erred by arresting and detaining Mr Saab Moran whom they described
as a special envoy on a diplomatic mission and was therefore
entitled to diplomatic immunity.

In a counter argument, Mr Henrique Semedo Borges counsel to Cape
Verde denied violating any of its national laws or international
agreements and submitted that the arrest and detention of Mr Saab
Moran pending his extradition complied with the general principles
of international cooperation in criminal matters.

Mr Borges further argued that the US request for the Applicant’s
extradition was premised on allegations of crimes committed by the
Applicant on the US territory and that the Applicant did not also
meet the requirements qualifying him as a special envoy with the
associated immunities.

The Court had in its Ruling of 20 December 2020 following the
Applicant’s application for interim measures, ordered the Cape
Verdean authorities to place Mr Saab under permanent home detention
in good conditions and allow him access to medical treatment and
visits pending the decision of the Court on the merits of the
case.

Other judges on the panel were Justices Edward Amoako Asante
(presiding) and Dupe Atoki (member).