Daijiworld Media Network - New York
New York, Oct 9: US prosecutors have unveiled fresh criminal charges against former Venezuelan president Nicolás Maduro and his wife, Cilia Flores, accusing them of overseeing a state-sponsored system of torture and repression that allegedly targeted dozens of victims, including American citizens.
The revised indictment alleges that victims were beaten, asphyxiated and subjected to electric shocks under a repressive system allegedly directed by Maduro and supported by Flores. The new charges add to the legal challenges facing the former Venezuelan leader, who was captured by the US military in January and brought to New York to face drug trafficking charges.
US Attorney Jamie McDonald described the allegations as “truly unthinkable” and called the case an example of corruption. Maduro denies the charges and looks forward to his day in court, his lawyer Barry Pollack said. Flores' lawyer said he had not yet had an opportunity to review the latest allegations.
According to prosecutors, Maduro allegedly suggested torture methods, sought updates on the treatment of individual prisoners, watched a video of a forced confession and threatened to kill a prisoner's child as a form of psychological torture. The indictment also alleges that Flores helped develop the system of repression and ordered the torture of specific individuals.
Maduro served as Venezuela's president from 2013 until his capture in January. He has been under investigation by the International Criminal Court for years over allegations of crimes against humanity linked to the government's crackdown on opponents. He has denied wrongdoing.
Maduro and Flores have pleaded not guilty in the separate US drug trafficking case, which accuses them of conspiring to send cocaine into the United States. Their lawyers have sought dismissal of the case, arguing that they are entitled to immunity as the leader and first lady of a foreign country.
The revised indictment describes alleged torture dating back to 2013, when Maduro succeeded Hugo Chávez as president. Prosecutors allege that Maduro authorised the country's military intelligence agency, DGCIM, to use torture against military personnel and political opponents considered threats to his hold on power.
Although the indictment does not identify the alleged victims by name, descriptions of several cases correspond to those of prominent Maduro opponents, including opposition leader Leopoldo López, who spent more than three years in prison, and former defence minister Raúl Baduel, who died in custody in 2021. It also refers to the death of opposition politician Fernando Albán, whose fall from an intelligence agency building was later determined by a US court to be a murder-for-hire case.
Three American citizens were also described as alleged torture victims. One, identified in reports as matching the description of Osman Khan, was detained upon entering Venezuela in early 2022 and allegedly subjected to electric shocks and forced to eat his own vomit during eight months of imprisonment. Another was allegedly beaten severely, requiring a lengthy hospital stay, while a third suffered a permanent eye injury after repeated beatings in detention.
Khan was released in October 2022 along with former US Marine Matthew Heath and six American oil executives in a prisoner exchange involving two nephews of Flores who had been jailed in the US on drug convictions. Khan and Heath later secured a $300 million default judgment against Maduro and other Venezuelan officials over allegations of torture.
Former US Marine Heath welcomed the new charges, saying the prosecution could help deter the kidnapping of Americans by governments accused of abuses.
Kenneth Roth, a senior fellow at Yale University and former head of Human Rights Watch, said torture was a grave crime under international law and could be prosecuted by a competent court regardless of the victims' nationality. However, he noted that US prosecutions of foreign officials remained rare.
Meanwhile, one of Maduro's co-defendants, former Venezuelan intelligence chief Gen Hugo Carvajal, pleaded guilty to drug trafficking charges in New York last year after being extradited from Spain. He has since been cooperating with prosecutors building the case against Maduro.
The latest charges were announced as Flores appeared in court seeking release for medical treatment. Her lawyers said she had lost around 25 pounds in detention, may have suffered a minor heart attack in July and could require heart surgery.
US District Court Judge Alvin Hellerstein denied her request, agreeing with prosecutors that she posed an extreme flight risk. The judge also noted that her high blood pressure was being treated with medication.
Venezuela's government has not publicly responded to the latest allegations. Acting president Delcy Rodríguez faces the challenge of managing relations with the country's security establishment while maintaining support from US President Donald Trump.