Funke Busari, Lagos
The African Bar Association, AFBA, has called on the President of Cape Verde to release a Venezuelan Diplomat, Mr. Alex Saab who is being unlawfully detained in Cape Verde under very controversial circumstances and in violation of International Law and ECOWAS.
Making the call in Lagos on Monday through its President, Hannibal Uwaifo Esq. at a press conference, the association said if the ambassador is not released, Cape Verde will be compromising its national, international, continental and sub-region laws.
According to him, upon receipt of a petition from Mr. Saab’s wife, Mrs. Camilla Fabri, the Governing Council of AFBA authorised its Human Rights and International Law Committees to investigate the matter.
It thus expressed that the outcome of the investigation revealed, “very serious infractions of the ECOWAS Protocols, the Charter of the African Union, gross violent violations of international law, abuse of human rights and disobedience of Court Orders by the Government of Cape Verde.”
He warned that unless the Cape Verdean Authorities are immediately called to order and pursue the path of the rule of law and respect for the Vienna Convention, the ECOWAS region and the AU will soon be thrown into crisis of monumental proportion which may turn the Sub-region and the Continent into a laughing stock with dire consequences for our Diplomats and their Diplomatic Immunity.
He said that Ambassador Saab in his capacity as Special Envoy of Venezuela was traveling from Caracas to Tehran on 12 June 2020. “His plane made a technical refueling stop on the Cape Verdean island Of Sal during which he was detained. The African Bar Association finds this detention unlawful.
Describing Saab’s detention as unlawful, Uwaifo, Esq. stressed that ‘No Red Notice had been issued at the time of the detention – it was only issued on the next day, 13 June, 2020. Neither on the day of his arrest, nor the eight months later, has any evidence of the supporting arrest warrant issued by the United States been provided to Ambassador Saab or his defence team.
“The Red Notice was cancelled on 25 June 2020, yet Cape Verde continued to unlawfully detain Ambassador Saab until an extradition request from the United States arrived a week later. The extradition request, which not only had the three first pages missing, contained a copy of arrest warrant issued in the name of someone else and not Ambassador Saab.
He disclosed that at the time of Ambassador Saab’s arrest, the diplomatic personnel enjoys immunity and inviolability due to his status as a Special Envoy of Venezuela. “He was carrying documents which identified him as such as well as the purpose of his humanitarian Special Mission to Iran. This evidence has been deliberately ignored by Cape Verde as it has bends over backwards to accommodate the external interests.
He reiterated that Cape Verde claims that it is not bound by the ECOWAS Court decision because it did not sign the 2005 protocol which extended the Court’s authority to hear human rights cases.
“We regret to say that, Cape Verde is being economical with the truth and reflect the true extent of pressure being applied upon it by external forces.
He enumerated the reasons for his submission, “Cape Verde appointed judges to the ECOWAS Court and their Chief of Justice is a member of the Judicial Committee of the ECOWAS Community.
He added that Cape Verde has fully engaged in the ECOWAS Court proceedings by appointing a defence counsel, Dr.Henrique Borges, who submitted written defence as well as engaged in oral discussions going into the merits of the case during the main hearing which took place on 5 February.
He is of the view that Cape Verde neither opposed nor abstained from the decision of the Authority of ECOWAS Heads of State and Government to approve the Supplementary Protocol.
He pointed that it is confirmed by the Final Communiqué of the 28th session of the Authority of ECOWAS Heads of State and Government held in Accra on 19 January 2005.
