Venezuelan diplomat Alex Saab remains in custody despite house arrest application approval

Lawyers for Alex Saab, a Venezuelan diplomat who has been in a Cabo Verdean prison since June 2020 on a U.S. arrest warrant, say their client has not been released a day after his application seeking his removal from prison was approved by the Barlavento Court of Appeal.

An ECOWAS hearing which, according to reports, was expected to hold on Friday, January 22, 2021, for Mr. Saab to be released from prison and put under house arrest did not come off.

"Incredibly, the Cape Verde judge failed to attend. Her excuse was the 'pandemic'. Pathetic," a release from Saab's counsel reads. "This was a deliberate attempt on the part of CV to sabotage the hearing and diminish the Court. We are working with Femi to establish the next steps and speak with the President of the Court."

It continues: "In addition AS [Alex Saab] has NOT been released into House Arrest because the Judicial Police in Sal is claiming it has not been notified officially. Theoretically, this means AS could remain in custody until at least Monday because it just so happens today is a public holiday in Barlavento so the court cannot be contacted."

"We seek the direct intervention of the ECOWAS Heads of State to hold Cape Verde accountable for its continued non-compliance with the 2 December 2030, binding order of the ECOWAS Court and to denounce its deliberate destruction of the foundations of both the ECOWAS Community and the ECOWAS Community Court of Justice."

Barlavento Court of Appeal on Thursday, January 21, 2021, reportedly said Alex Saab, 49, should rather be placed under house arrest while he fights an extradition request to face corruption charges in South Florida.

This, the court said, should be adhered to, till the apex court of Cabo Verdean gives its final verdict on the case.

“For the practical effect of this article, the extradited person, as already exposed, and once he has financial possibilities and has already requested it, must qualify a residence for the purposes of his stay, which will be approved by the competent authorities, the criminal police, to safety effects and in order to avoid the serious danger of escape,” a portion of a document from the court reads.

"Prosecutors in Cabo Verde said in a statement that the decision for house arrest was partly based on the fact that Saab has remained provisionally detained longer than the maximum allowed," reports Times Union.

Mr. Saab, a known businessman closely associated with the current Venezuelan government was arrested by police in Cape Verde last year on his way to Iran aboard a private jet.

According to Times Union, U.S. officials believe Saab holds many secrets about how Maduro, his family and top aides allegedly siphoned off millions of dollars in government contracts amid widespread hunger in the oil-rich nation.

Venezuela, which said it had given Saab a diplomatic status is of the view that he cannot be extradited to the U.S. because he is their diplomat and was on an assignment for them when he was arrested.

Besides the three countries involved in the case, other African countries also waded into the matter. A group of lawyers including Nigeria's famed human rights lawyer and former president of the West African Bar Association, Femi Falana, earlier this month jointly wrote to the president of Cape Verde, Jorge Carlos Fonseca, to call for Alex Saab's immediate release.

They said his detention is illegal and a breach of international law.