OPINION: From Sanctions to the Indictment and Extraction of Nicolas Maduro

OPINION: From Sanctions to the Indictment and Extraction of Nicolas Maduro

Dr. Carlos E. Ponce, El Tiempo Latino Anti-Corruption Reseracher and Columnist

Published: 3/10/2019 El Tiempo Latino

http://m.eltiempolatino.com/news/2019/mar/10/opinion-sanciones-extraccion-maduro-complices/

*Ponce is the Senior Fellow and Director for Latin American Programs at Victims of Communism Memorial Foundation (VOCMF). He is also a part-time Lecturer at Northeastern University. El Tiempo Latino newspaper Anti-Corruption Source/Columnist.

After the fraudulent and unconstitutional elections on May 20, 2018, which were rejected by the vast majority of democratic countries, Nicolas Maduro ceased to be president of Venezuela on January 10, 2019. The application of the Constitution of Venezuela required the head of the National Assembly, Juan Guaido, to take office as the interim president of Venezuela. Guaido has been recognized as interim president by 50 democratic countries.

However, despite numerous sanctions, national and international pressure, and numerous national and international demonstrations, Nicolas Maduro's regime has refused to relinquish power. The regime is supported by a small group of loyal corrupt soldiers and various violent paramilitary groups.

Unfortunately, traditional strategies to deal with authoritarian regimes do not apply to Venezuela. In Venezuela, rather than a government, there is a criminal structure in power supported by mafias of corruption, drug trafficking, terrorism, and the illegal extraction of minerals. The country is a failed state with a humanitarian crisis that has led millions of people to emigrate in the biggest migration crisis in Latin America.

Many countries do not recognize Maduro as president. The United States has been supporting various democratic forces in Venezuela and the diaspora. Sanctions have been imposed on members of the government, military and related family members, on the oil industry, and on banking transactions. Visas have been eliminated, attempts have been made to send humanitarian aid into the country, and threats made by the USG and other countries against the Maduro regime the regime of Maduro and his collaborators have been clear.

As a solution to the ongoing crisis, several groups recommend military intervention in Venezuela. The problem is that they want the United States to assume the economic, political, and human losses of a military operation. A military intervention in Venezuela will bring major impact in human lives and maybe it will be counterproductive to eliminate the communist seed in Venezuela. Although the Trump administration has announced that all options are open, other alternatives to increase pressure on Maduro's communist bloodthirsty dictatorship merit attention.

Some non-violent alternatives recommended are:

• Opening of Trials, indictments and Arrest Orders: Continue with the sanctions but raise the pressure by opening trials in the United States and other countries against Nicolas Maduro and military and active officials in the dictatorship. This would allow the issuance of indictments or arrest warrants with the consequent international capture. There is enough evidence in numerous cases already opened against relatives of Maduro and front-people (Testaferros) that indicates money laundering and other crimes in the United States. This is a recommendation that we have taken numerous times to the Department of State, National Security Council, Department of Justice, Congress, Southern Command, Prosecutors and others. In several columns and interviews in El Tiempo Latino, this option has been commented on and various supporting documents have been sent. Our sources indicate that there are several sealed cases at United States courts that included Nicolas Maduro, Cilia Flores, Diosdado Cabello, senior government officials and Venezuelan military. We have been pressing to open them and initiate indictments and arrests. Finally the Department of Justice opened the first case and it is against the Narcoterrorist Tareck Zaidan El Aissami Maddah, former vice president of Maduro and current minister. The door is open and many others are coming. The advantage of these cases is that they are not suspension of visas to the United States or blockades of accounts or confiscation of properties in the United States, we speak of trials and jail time for the drug traffickers, money launder and corrupt individuals from Nicolás Maduro regime. They need to accompany the nephews "narcosobrinos" or Chapo Guzmán in jail.
• Deportation and Removal: The existence of arrest warrants and subsequent requirements in Interpol requires the deportation of those involved in any country where there is an extradition agreement with the United States. This reduces the mobility of officials of the Maduro regime and its military accomplices. The existence of a failed state sequestered by an individual that lacks legitimacy also allows the implementation of strategies to extract criminals. Numerous processes of extracting war criminals, violators of human rights, and corrupt have been effective in the past in different countries by governments and interested parties. 
• Increased international pressure to investigate cases of corruption among Venezuelan officials, front men, and Maduro’s relatives and to pursue the prosecution and arrest of the corrupt. The creation of a fund for the recovery of Venezuela with funds and assets seized. 
• Those responsible for Venezuela's electric chaos should be included in the list of sanctions. 
• The bonds, promissory notes and financial instruments issued by the dictatorship of Nicolás Maduro without the approval of the National Assembly are null and void and should not be recognized and any commitment signed by Maduro or his accomplices must be null and void.
• Progress must be made in the prohibition of the sale of weapons and supplies to "control of demonstrations", as well as in the issuance of sanctions to those who transport them. Requirements should be imposed on border countries that prohibit and retain arms shipments to Venezuela. 
• The actions of individuals of the Cuban regime in Venezuela must be fully investigated and documented, their links with the training of torturers of the security forces in Venezuela, the sending of Cuban military personnel to Venezuela, their participation in crimes against humanity, corruption and drug trafficking in Venezuela. Although Cuba is not part of the International Criminal Court, it processes responsible individuals regardless of nationality, it is a good time for a good case and report of the contribution of these individuals of the Cuban dictatorship in their contribution with the crimes against humanity in Venezuela. 
• Sanctions placed on the Venezuelan oil industry must include the transit of oil to Cuba and ships with gasoline and solvents to Venezuela. The United States must demand the governments of Trinidad and Tobago, Colombia, Guyana, Curacao, Aruba, and other countries bordering Venezuela to stop oil shipments directed to Cuba from Venezuela and to prevent the passage of ships that transport gasoline and other solvents in violation of sanctions. A clear message must be sent to the operators of different vessels, personnel and insurance companies about the risk of violating US sanctions. 
• The US government needs to limit the operations of Russian Banks and banks controlled by Maduro regime cronies in different countries and monitor the operations to and from Venezuela. 
• New sanctions against gold mining and illegal mineral exports from Venezuela to neighboring countries and the collaboration from Turkey selling that blood-gold must be in place to reduce the cash flow to the Maduro regime. 
• Sanctions should be promoted in other countries of the region. To date, in the Americas, only the United States, Canada, and Panama have imposed sanctions. New country-based sanctions similar to US Global Magnitsky need to be promoted and implemented in LAC countries.
• There are numerous clandestine airports and border roads in Venezuela that can be used to get the humanitarian aid into the country. Reducing the exposure, including an element of surprise and planning strategically can help alleviate the humanitarian crisis. Numerous faith-based groups can help with the distribution of food and medicines. 
• Progress must be made in the development of strategies to protect the victims of the humanitarian crisis and crimes against the humanity in Venezuela, such as the gathering of evidence and the advancing of strategies that lead to the immediate implementation of transitional justice and persecution of the perpetrators once the usurpation of Maduro ends. 

When anyone asked me what strategy should be implemented with Venezuela, my recommendation is “everything”, all the options and at the same time to end the tragedy for millions of Venezuelans and the impact in neighboring countries, the perfect storm must be generated to get out of the nightmare.