The National High Court again stops "El Pollo" Carvajal in his tracks in his claim not to be extradited to the United States. The magistrates have rejected the request for freedom of former Venezuelan military officer Hugo Armando due to the "obvious" risk that he could escape. Something that would prevent his delivery to the United States, where he is wanted for crimes that in Spain are equivalent to belonging to a criminal organization or belonging to or collaborating with a terrorist organization and drug trafficking in its aggravated form.
In an order, the magistrates reject Carvajal's request, in which he demanded his release, alluding to the order of March 25 that agreed to suspend the execution of the extradition order under article 39 of the regulations of the European Court of ECHR Human Rights and that the flight risk of two years ago cannot be assessed with the current situation. The National Police arrested him last September after two years on the run from Justice.
The court points out that the decision of the ECHR is not a new issue, but that it was already taken into account by the Chamber to deny him his freedom previously. In addition, it underlines that the ECHR itself, being aware of the decision adopted not to extradite the person sought until the conclusion of the procedure, decided to give it priority.
The Chamber recalls that the extradition could not materialize until two years had elapsed because the requested person had been in search and capture, for which he has been in pre-trial detention for less than a year and, therefore, in no case would the terms established in the law. “And this, given the more than evident risk of existing flight that would prevent the materialization of the delivery, which at no time has been left without effect, suspending it until its resolution by the ECHR.”
Likewise, the Court considers that the risk of flight not only persists, but has increased, unlike what Carvajal's defense maintains, since the decision to surrender is final, both in jurisdictional and governmental channels, having dismissed requests for asylum and international protection, leaving only the decision of the ECHR.
“In short, the maintenance of the situation of pretrial detention is not only necessary, but essential, as well as proportional, without any violation of the right to freedom of the person sought, in view of the procedure and the conduct of the former, already manifested with previously in the present case”, concludes the resolution.
