Legal and Constitutional Violations by Nicolás Maduro upon Swearing in as President

Jesus Daniel Romero and William Acosta for Poder & Dinero and FinGurú

The swearing-in of Nicolás Maduro on January 10, 2025, after widely questioned elections, not only represents an act of disdain for the popular will but also implies a series of violations of laws and international treaties, as well as the Constitution of Venezuela. Meanwhile, the Biden administration remains silent considering that many countries in the region are demanding the investiture of Edmundo González Urrutia.

Constitution of the Bolivarian Republic of Venezuela:

- Article 5: Establishes that sovereignty resides in the people, who have the right to elect and be elected. Maduro's intention to assume a third term occurs in a context of fraud accusations, which delegitimizes his election.

- Article 232: Indicates that if the elected president does not take office in the established terms, new elections must be called. By swearing in, Maduro ignores the election results and the will of the electorate, as his main competitor, Edmundo González Urrutia, has claimed victory.

- Article 350: Allows citizens to disobey a government that does not respect human rights and democracy. Maduro's swearing-in under these conditions can be seen as an act justifying civil disobedience.

International Covenant on Civil and Political Rights: This treaty, ratified by Venezuela, guarantees the right to free and fair elections. The lack of transparency and the reports of electoral fraud in the July elections are contrary to this covenant.

American Convention on Human Rights: This treaty establishes the right to political participation and free elections. Maduro's government's actions in the electoral process infringe this fundamental principle.

Loss of Legitimacy and Diplomatic Protection

With Maduro's swearing-in, he and his inner circle not only lose legitimacy in the international community but also find themselves in a precarious legal situation that could result in the loss of all diplomatic protection. From this moment, they face serious legal consequences for the multiple charges against them, which include:

- Drug Trafficking: Maduro and several members of his administration are accused of being involved in drug trafficking networks, which have been the subject of investigations by international agencies, including the DEA.

- Money Laundering: There is evidence that the regime has been involved in money laundering schemes, using the international financial system to hide illicit profits.

- Violations of Human Rights: International bodies have documented numerous human rights violations under Maduro's regime, including torture, extrajudicial executions, and repression of political opponents.

- Homicides, Kidnappings, and Forced Disappearances: State security forces are accused of systematically carrying out homicide and kidnapping of opponents, as well as forced disappearances of citizens.

- Illicit Enrichment: Endemic corruption within the government has led senior officials to accumulate great wealth illegally.

- State Terrorism: The violent repression of protests and peaceful demonstrations has been labeled by some analysts as state terrorism, given the disproportionate use of force by the authorities.

Legal Consequences

As of January 10, 2025, members of Maduro's regime can be arrested at any moment, as the rewards for their capture have been increased by several countries. The loss of diplomatic protection exposes them to international justice actions and the possibility of being tried for crimes against humanity. This situation could lead to cooperation among different nations to carry out their capture and prosecution, making their position increasingly unsustainable and vulnerable.

International Protection Laws Lost by Nicolás Maduro and His Regime

With Nicolás Maduro's swearing-in on January 10, 2025, in a context of electoral fraud accusations and human rights violations, his regime has lost several laws and international protection mechanisms that could have previously given him some cover. Below are the main laws and international protection treaties affected:

International Covenant on Civil and Political Rights (ICCPR): This treaty establishes fundamental rights that must be guaranteed to all individuals, including the right to participate in political and public life. The lack of free and fair elections, as well as the repression of opposition, undermine the legitimacy of Maduro's government under this covenant. By failing to respect these rights, the regime loses the protection that this treaty could have offered.

American Convention on Human Rights (ACHR): The ACHR protects essential rights, including political participation and protection of human rights. The systematic violation of human rights in Venezuela, such as torture and killings, as well as the lack of transparent elections, discredit any protection the regime could claim under this convention.

United Nations Principles on the Protection of Human Rights: The United Nations Human Rights Protection Principles establish minimum standards that governments must uphold. By ignoring reports of human rights violations and failing to guarantee a safe environment for the opposition, Maduro and his regime lose the protection offered by these principles.

Rome Statute of the International Criminal Court (ICC): The Rome Statute establishes the ICC's jurisdiction over war crimes, crimes against humanity, and genocide. Accusations of serious human rights violations and crimes against humanity in Venezuela may lead to investigations and prosecutions. Maduro's regime, being considered responsible for these crimes, can no longer invoke protection under the Statute.

Bilateral Treaties and International Cooperation Agreements: Many countries have bilateral treaties that guarantee rights and protection to leaders and government officials. However, with the loss of legitimacy and increasing international isolation, these agreements are likely to become ineffective. Nations that once could provide diplomatic support or protection are now more inclined to cooperate in judicial actions against them.

Consequences of the Loss of International Protection

The loss of these laws and international protection mechanisms has various repercussions:

- Legal Exposure: Maduro and his inner circle are exposed to judicial actions in international and national courts, with the risk of arrest and prosecution for serious crimes.

- Diplomatic Isolation: Lack of recognition and international support could lead to greater isolation, complicating economic and political cooperation.

- Capture Rewards: Increase in rewards for their capture, facilitating their arrest by countries seeking justice for human rights violations.

Attendees at Nicolás Maduro's Swearing-in: International Implications

Nicolás Maduro is preparing to be sworn in on January 10, 2025, at the Federal Legislative Palace in Caracas, marking his third term after controversial elections. Despite the accusations of electoral fraud, several governments have confirmed their attendance at the ceremony, raising important implications for regional and international politics.

Among the dignitaries participating in the fraudulent swearing-in are:

- Viacheslav Volodin (Russia): President of the State Duma, will represent Russia at the ceremony, emphasizing Moscow's continued support for Maduro's regime.

- Milton Rengifo (Colombia): Colombian ambassador in Caracas, will represent Colombia at the swearing-in since President Gustavo Petro has decided not to attend, citing the lack of freedom in the elections.

- Mexican Government Representative: Although President Claudia Sheinbaum will not attend, it has been indicated that a representative or the ambassador in Venezuela will be present.

- Glivânia Maria de Oliveira (Brazil): The Brazilian ambassador in Caracas also plans to attend if the invitation to the ceremony is formalized.

- Celinda Sosa (Bolivia): The Bolivian chancellor is expected to lead her country's delegation, since President Luis Arce will not be able to attend due to his schedule.

- Miguel Díaz-Canel (Cuba): The Cuban president has confirmed his attendance, reflecting the close bond between the two countries and Cuba's unconditional support for Maduro's regime.

- Manuel Zelaya (Honduras): The former Honduran president has also announced his presence, symbolizing the solidarity of leftist leaders in the region with Maduro's government.

Implications of the Attendance

The attendance of these dignitaries at Maduro's swearing-in has several implications:

- Legitimization of the Regime: The presence of official representatives from countries such as Russia, Colombia, Mexico, Brazil, Cuba, and Honduras can be seen as a form of legitimization of Maduro's government, despite international criticism.

- Regional Division: The decision of some governments to send representatives while others do not recognize Maduro reflects increasing polarization in Latin America. This could exacerbate political and diplomatic tensions in the region.

- Strengthening Alliances: The attendance of Russia and other allied countries reinforces Maduro's narrative that his government has the backing of external powers, which could influence his stance towards sanctions and international pressure.

- Opposition Response: Maduro's swearing-in occurs in a context of discontent and resistance from the opposition, led by Edmundo González Urrutia, who is also considered the winner of the elections. This could generate an increase in internal tension and protests.

Conclusion

The swearing-in of Nicolás Maduro in a context of electoral fraud accusations and constitutional violations not only marks a milestone in Venezuela's political crisis but also highlights the loss of various laws and international treaties of protection that could have provided some form of cover for his regime. The international community, increasingly attentive to human rights violations, is willing to act, which could have serious consequences for Maduro and his administration.

Maduro's swearing-in represents a crucial moment for Venezuela, as his legitimacy and the international protection he once had crumble. This opens the door to possible judicial actions and increased international pressure on a regime facing growing discontent, both nationally and globally.

The governments attending this ceremony, such as Russia, Cuba, and other allies, seek to maintain their geopolitical and economic interests in the region, while their support for Maduro's illegitimacy may be seen as a strategy to counter the influence of the United States and other actors in Latin America. These countries may be looking to secure trade agreements, access to natural resources, or even establish military alliances, further complicating the political situation in Venezuela and the region.

Credits:

- El Nacional

- La Patilla

- ABC

- El País

- El Comercio

- La Vanguardia

- Reuters

- EFE

- Infobae

- El Universal

Jesus Daniel Romero, originally from Venezuela, joined the United States Navy in 1984 and graduated in Political Science from Norfolk State University. However, it was not until 1992 that Romero became a naval intelligence officer.

He was the ocean commander in Panama from 1996 to 1999 and later in Hawaii where he served as a China observation officer. In 2001, he was the policy director for the joint task force and led technical talks with China, Myanmar, Cambodia, India, North Korea, and Vietnam.

After 37 years of service, Romero has been honored by the Armed Forces, NATO, the Navy, and the Defense Service.

Romero was a witness in the federal criminal case in the Eastern District of Texas against Debra Lynn Mercer-Erwin, president of Aircraft Guaranty LLC, who supplied aircraft to Mexican and Colombian-Venezuelan cartels to transport cocaine from Colombia to the United States. The former commander worked to dismantle these operations until August 2022.

William Acosta is the founder and CEO of Equalizer Private Investigations & Security Services Inc. He has coordinated investigations related to international drug trafficking, money laundering, and homicides in the U.S. and other countries including Germany, Italy, Portugal, Spain, France, England, and literally all of Latin America.

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CAREER AND EXPERIENCE

William Acosta, a veteran international investigator, coordinated multijurisdictional investigations on drug trafficking, money laundering, and homicides in the United States and other countries.

Acosta's martial arts training in taekwondo reached the 6th dan, practicing traditionally as a lifestyle and not just for fighting.

The transition from police work to private investigation allowed Acosta to make his own rules and choose clients after more than 20 years in the profession.