Opposed Venezuelan President Nicolas Maduro has asked a US court to drop the criminal case against him on drug trafficking charges, saying he enjoys immunity as head of state of a sovereign state, Reuters reported.
The charges, filed in a federal court in Manhattan, served as the basis for the US military operation on January 3, in which US forces invaded Caracas and captured Maduro, BTA recalls.
He has pleaded not guilty. If his request to dismiss the case is rejected, his trial is set to begin on June 1, 2027.
The principle that sitting heads of state enjoy immunity from criminal prosecution abroad has long been established in international law and is considered fundamental to diplomatic relations, Reuters notes.
Maduro's request will test the traditional caution of US courts in applying international law in criminal cases.
Legal experts cited by the agency believe that Maduro's chances are not great. Washington has not recognized him as president of Venezuela since 2019, and US courts usually take into account the position of the president and his administration in disputes over who is recognized as the legitimate head of a foreign state.
Criminal cases in the United States against leaders of other countries are extremely rare. In 1990, a federal judge in Miami rejected former Panamanian leader Manuel Noriega's attempt to invoke presidential immunity, in part because he had never formally held the office.
The United States suspended Maduro's recognition in 2019 after he took office following a 2018 presidential election that Washington said was rigged. U.S. authorities have also called his victory in the 2024 election fraudulent.
Maduro maintains that both votes were fair and has for years accused Washington of seeking to remove him from power to gain control of Venezuela's oil wealth.
Since his capture, the country has been run by his former vice president and ally Delcy Rodriguez, who has stepped up cooperation with the Trump administration. Last month, Washington and Caracas reached an unprecedented agreement that could give the United States control of about a fifth of Venezuela's oil reserves.
Prosecutors have until October 2 to respond to Maduro's request, and federal Judge Alvin Hellerstein will hold a hearing on the matter on November 17.