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The Supreme Court refuses to immediately paralyze the delivery of former Chavista general

Hugo Armando Carvajal

, known as

Pollo Carvajal

, to the

United States

. The

Contentious-Administrative Chamber

has rejected this Monday the Venezuelan's very precautionary measure to suspend the enforceability of the agreement of the

Council of Ministers

, of March 3, 2020, by which its delivery to the US authorities was agreed.

In one order, the High Court indicates that "there is nothing" in Carvajal's petition brief that allows to conclude the concurrence of circumstances of special urgency that requires a request for a very precautionary measure, and no new arguments are alleged with respect to those raised in a request for precautionary suspension made in 2020, which was already rejected by the Chamber in May of that year.

The very precautionary measures must be resolved by the court without listening to the other party, in this case to the legal services of the Government, that is, the State Bar.

At the same time that it dismisses the precautionary measure, the Third Chamber agrees to process the precautionary incident through the ordinary procedure, in which the Executive is given a hearing as the author of the contested resolution before deciding.

Likewise, the magistrates explain in the order notified this Monday that "the claim now triggered must be examined stating that in the present appeal a request for precautionary measure was already proceeded, which was decided by Order of May 28, 2020, in the that the suspension of the contested resolution was denied, considering that, in accordance with the reiterated jurisprudence of this Chamber for cases similar to the present one, the surrender of citizens to whom the origin of the extradition has been declared has already been declared by the Court of the Criminal Order, which in the present case had agreed to preventive detention ".

"Hence," adds the order, "at the time that resolution was issued, the appellant was in unknown whereabouts, which made it difficult to execute the contested act and the risk precisely contrary to that invoked in favor of the precautionary measure, that is, , that the execution of said act be frustrated, in case of the rejection of the contentious-administrative appeal; and this without prejudice to the violation of the order to be at the disposal of the Criminal Court that had decreed his freedom by revoking the initial prison order ".

The Supreme Court emphasizes that "in view of this preliminary condition, it is true that there is nothing in the petition writing that allows to conclude in the concurrence of said special urgency and neither can it be concluded from the allegations made in said petition, which are referring to the general presuppositions for the adoption of precautionary measures that, in the scheme of the petition made, would be a subsequent question to the origin of the summary procedure of this incident, which is conditioned by that special urgency. "

In the aforementioned sense, the Chamber "fails to understand the request made regarding the suspension of a decision, the delivery order, when the precautionary measure had already been denied in the aforementioned order and said adoption is requested by way of procedural summary, without invoking any peculiarity of the circumstances from which to deduce that preliminary circumstance ".

The former head of

Military Intelligence

of

Venezuela

was arrested last week in Madrid by the

DEA

(Drug Enforcement Agency americana) after remaining unaccounted for after two years of the

National Court

agrees to surrender to the

US for drug trafficking.

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