Extradition between Venezuela and the USA

The extradition procedure between the USA and Venezuela is one of the most complex in international practice. Extradition requests increasingly become a tool of pressure, especially in cases related to finance, politics, or transnational crime. Any extradition case between these countries requires precise legal calculation, strategic defense, and deep knowledge of both American and Venezuelan law.

Our international legal team is ready to protect your interests in any jurisdiction. We analyze the legal grounds of the request, identify procedural violations, prepare legal objections, accompany the client in courts, and participate in negotiations with government authorities.

The main document defining the boundaries of extradition is the Constitution of Venezuela of 1999. According to Article 69, the extradition of Venezuelan citizens is prohibited, even if there is an existing international agreement. This means that a citizen located within the country’s territory cannot be handed over to a foreign state. Such a provision aligns with the principle of protecting national sovereignty and citizens’ rights.

Procedural aspects of extradition are regulated by the provisions of the Criminal Procedure Code. In particular, Articles 386–399 of the Code describe:

The Supreme Court of Venezuela makes a final decision on the request and issues a recommendation to the executive branch, which approves or rejects the extradition. This means that extradition in Venezuela has a two-stage nature: judicial analysis + political decision.

Venezuela is a participant in a number of bilateral and multilateral agreements regulating extradition issues. Among them:

Even in the absence of an active agreement, Venezuela can consider extradition requests based on the principle of reciprocity if such cooperation serves the interests of justice and complies with guarantees established by domestic legislation.

A foreign state sends an official request through diplomatic channels (usually via the embassy). The request must contain a detailed description of the crime, legal qualification, a copy of the arrest warrant, evidence confirming guilt or grounds for accusation, and information about the identity of the wanted person. The request is submitted to the Ministry of Foreign Affairs of Venezuela, which forwards it to the Ministry of Justice and the Prosecutor General’s Office for preliminary legal assessment.

If the state requests an urgent detention before submitting the full package of documents, the Venezuelan authorities may issue a warrant for the temporary detention of the person, especially if there is a risk of flight. Such a measure is based on a provisional request and may be applied until a formal extradition request is received.

A formal extradition request is submitted to the Sala de Casación Penal del Tribunal Supremo de Justicia. The court evaluates compliance with the requirements of the international treaty, the conformity of the procedure with the norms of the Constitution and the Criminal Procedure Code (UPK), the presence of grounds for refusal (political motivation, human rights violations, expiration of the statute of limitations, etc.), and the citizenship of the individual (if it is a citizen of Venezuela, extradition is impossible). Hearings are conducted with the participation of the defense, and the wanted person has the right to legal representation.

Based on the review, the Supreme Court issues an advisory opinion (dictamen), in which it recommends either granting the request or denying the issuance. This opinion is advisory in nature but plays a key role in making the final decision in practice.

The final decision is made by the executive authority — represented by the Ministry of Justice and the President of the Republic. If the court has given a positive conclusion, the authorities usually authorize extradition. However, they have the right to refuse even with a judicial recommendation, especially if the issue is of a political and diplomatic nature.

If extradition is approved, the relevant authorities organize the transfer of the individual to the requesting state accompanied by authorized representatives of the foreign state and under the control of the Ministry of Internal Affairs. The transfer is carried out in compliance with all safety guarantees and international standards.

According to Article 391 of the Criminal Procedure Code of Venezuela, extradition is not permitted if the requested crime is of a political nature. This includes crimes related to the expression of political views, opposition to the regime, or participation in political activities. The request may also be denied if there are reasonable grounds to believe that the person is being prosecuted for political motives, despite the formal criminal qualification of the charges.

Extradition is not carried out for purely military offenses, such as desertion, violation of statutory discipline, or refusal of service, if they do not fall under the category of international crimes (for example, war crimes in the sense of the Rome Statute).

If there is a risk that, in the case of extradition, a person will be subjected to torture, cruel treatment, inhuman treatment, or an unfair trial, Venezuela may reject the request. This provision follows both from the Constitution and from the country’s international obligations, including the International Covenant on Civil and Political Rights and the American Convention on Human Rights.

The Constitution of Venezuela (Article 69) explicitly prohibits the extradition of its own citizens, even if an international treaty allows for such a possibility. This is an absolute basis that is not subject to discussion and is applied in any case. In such cases, the individual may be held accountable within the country if sufficient evidence is available.

The principle of double criminality states that the act for which extradition is requested must be recognized as a criminal offense in both jurisdictions.

If a person has already been acquitted or convicted for the same actions in Venezuela or in a third state, the request will be denied. This basis corresponds to the international principle of Non bis in idem, which protects against repeated criminal prosecution for the same offense.

The principle of specialty requires that after extradition, a person can only be prosecuted for the charges specified in the request. If the requesting state intends to prosecute for other acts, Venezuela may refuse extradition or demand additional guarantees.

The Venezuelan businessman of Syrian origin, Walid Makled, was arrested in Colombia in 2010 on charges of drug trafficking. The United States and Venezuela simultaneously requested his extradition. Despite Makled claiming to have compromising information about high-ranking Venezuelan officials and expressing his willingness to cooperate with American authorities, Colombia decided in 2011 to extradite him to Venezuela, citing the priority of the request and regional cooperation.

The former head of Venezuela’s military intelligence, Hugo Carvajal, was arrested in Spain in 2019 at the request of the United States, which accused him of involvement in narco-terrorism and cocaine smuggling. After lengthy legal proceedings and appeals, including an appeal to the European Court of Human Rights, Carvajal was extradited to the United States in July 2023. According to the charges, he used his position to facilitate drug shipments to the U.S. and collaborated with the Colombian group FARC.

Former Venezuelan General Clíver Alcalá Cordones was accused by the U.S. of supporting the terrorist organization FARC and illegally transferring weapons. In March 2020, he voluntarily surrendered to U.S. authorities in Colombia and was extradited to the United States. In June 2023, he pleaded guilty to providing material support to a terrorist group and illegally transferring weapons, after which he was sentenced to 21 years and 8 months in prison.