• Statement El 'Pollo' Carvajal says that the CNI protected him in exchange for reporting on Podemos and provided him with the NIE

The Criminal Chamber of the National Court has agreed to once again paralyze the extradition of the former head of Venezuelan Intelligence Hugo 'El Pollo' Carvajal after receiving notification from the Asylum Office - under the Ministry of the Interior - of that he has again applied for asylum in Spain.

As ABC advances and has been able to confirm in legal sources Europa Press, the Third Section has launched a new ruling this Tuesday in which it indicates that it has received "two emails" from that office dated December 17 and that they have relation to the latest application of 'El Pollo' for international protection.

Therefore, the Chamber agrees "to await the corresponding administrative resolution."

The sources consulted indicate that the general would also be still waiting for the Interior to respond to the appeal for review that he presented after his first asylum request was denied.

This would be the third time that his delivery to the United States, which is demanding his extradition for alleged drug and arms trafficking offenses, has been paralyzed.

It was at the beginning of the month when this same section rejected the appeal presented by Carvajal's defense and thus ratified that the guarantees provided by the United States are sufficient to proceed with its delivery.

In that order, the magistrates of the Section chaired by Alfonso Guevara pointed out that the allegations of Carvajal's defense - which assured that the guarantees were not sufficient - "do not distort the reasoning of the Court on the basis of which the guarantee is declared sufficient. which, through its Embassy, ​​are provided by the authorities of the United States of America ".

The former head of Military Counterintelligence with Hugo Chávez and Nicolás Maduro is persecuted in Washington for events that occurred between 1999 and 2019, when he would have belonged to the so-called 'Cartel of the Suns', a criminal organization allegedly run by 'Chavista' charges that , with the alleged collaboration of the FARC and other armed groups, would have introduced large quantities of drugs into the United States

In this context, the Chamber recalled that the North American country made a commitment that is considered "sufficient in order to prevent life imprisonment from being an inhuman penalty, from the moment that by means of appeal or by way of grace measure it is not 'unfailingly for life' ".

"This is, not contrary to the purpose of reintegration proclaimed by our Constitution," they add.

The Chamber explained that "the diplomatic guarantee is mandatory" and that it corresponds solely and exclusively to the Government and international organizations to sanction any lack of commitment given between the two states.

ASYLUM FOR PODEMOS DOCUMENTS

Already then, the defense advanced that they had presented a second request for asylum in Spain for new facts and that would have to do with the process of collaboration with the Justice that Carvajal initiated after his arrest in Spain, and that has led him to provide documentation on the alleged illegal financing of Podemos.

This collaboration has so far resulted in two court appearances and the delivery of various documentation to the Central Court of Instruction Number 6, all of which has led to the reopening of a case on the alleged illegal financing of the purple formation that was filed in 2016.

This collaborative process was also extended to the Italian Prosecutor's Office, which allowed prosecutors Maurizio Romanelli and Cristiana Roveda to question him on November 16 at the National High Court about another secret investigation that is taking place in the Alpine nation on the alleged financing of the 5 Star Movement (M5S) through Venezuela.

According to sources consulted by Europa Press, he offered Italian prosecutors to help in the investigations into the M5S in exchange for asylum.

IT WAS GUARANTEED THAT I WOULD NOT SUFFER TORTURE OR INHUMAN TREATMENT

It should be remembered that the United States sent through its Embassy in Madrid some safeguards that the Criminal Chamber requested at the request of the defense to determine if the life sentence that the American power would face for alleged crimes of drug trafficking and weapons would be "unalterable".

The US authorities stated then that, if he received this sentence, 'El Pollo' could appeal on appeal and, ultimately, could "get rid" of life imprisonment "through a petition for clemency or substitution of sentence" for a lower sentence. , so that it would not be "unalterable".

The Anti-Drug Prosecutor's Office considered that this legal framework was "sufficient" to continue with the extradition, since it contemplates "a review of life imprisonment and the application of clemency measures" that open the door to not being "imprisoned for life unfailingly ".

For their defense, however, the mere enunciation of the legal possibility of avoiding a potential life sentence via recourse or of lowering the sentence received once it is final does not in itself constitute any guarantee, for which they demanded greater precision.

BRAKED DELIVERY

Carvajal has been in the hands of the Spanish authorities since September 9, when he was detained by the National Police, during a joint operation with the DEA, in a Madrid apartment where, according to the security body, he lived "totally cloistered."

His capture reactivated his extradition to the United States, which was approved in 2020 but had not been able to materialize because Carvajal fled in November 2019, although his defense emphasizes that he never left Spain.

The Criminal Chamber ordered his extradition to the United States to be effective on October 21 after agreeing to a first stoppage in September, as soon as he was arrested, because they had to check whether an asylum request in the Interior was pending.

But that extradition order declined just 24 hours later, when the Chamber decided to paralyze her while waiting to receive precisely the aforementioned guarantees from the United States.

This new stoppage, known today, is the third that the defense of El Pollo has achieved.

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