New York (AFP) – The ousted Venezuelan president Nicolás Maduro asked the US justice system to dismiss the charges against him, and appealed to his immunity as head of state, when he has been detained in New York for eight months.

First modification: 09/03/2026 - 17:33

Maduro considered that the New York court handling his case "is not competent" to try him or his wife Cilia Flores, also imprisoned in the United States, according to a document presented by his lawyers before the New York court.

Maduro, 63, is accused of four crimes, including "narco-terrorism." His trial is due to begin on June 1, 2027.

He was captured along with Flores on January 3 in Caracas, in a US military intervention.

Since then, his former vice president Delcy Rodríguez has governed Venezuela on an interim basis, under strong pressure from Washington.

"Prisoner of war"

"No American court has ever presided over the criminal trial of a foreign leader who was recognized by his own country as the current head of state at the time the charges were filed," the defense text states.

"The immunity of heads of sovereign states constitutes a fundamental principle of international law," argue lawyers Barry Pollack and Anna Estevao.

According to the document, Maduro also has the right to immunity since the charges filed in the United States cover the time he served as president of Venezuela.

In his first appearance before Judge Alvin Hellerstein, on January 6, 2026, Maduro claimed his innocence, affirmed that he was still the president of Venezuela and said: "I am a prisoner of war."

Maduro first became president in 2013, after the death of then-leftist President Hugo Chávez.

His successive re-elections in 2018 and 2024 were unknown by the United States and other countries in Europe and Latin America, which considered those elections as fraudulent.

In another set of court documents, Flores, 69, joined her husband's arguments.

The judge must respond to this request at a hearing on November 17.

The couple has been detained since January in a Brooklyn jail under a strict regime, without access to newspapers or the internet.

However, Maduro is authorized to speak by phone with his family and lawyers for approximately 300 minutes a month, with a maximum of 15 minutes per call, according to a source close to the leader.

A few days ago, some photos of Maduro were published on social networks, along with a message in which he claimed to be "firm."

"We will remain strong, serene and confident: God is with us. God will provide. Venezuela will be reborn," he stated.

The US prison administration did not respond to questions from AFP about how those images were taken.

His son Nicolás Maduro Guerra assures that he is in good shape and that he dedicates his time to studying the Bible.

© 2026 AFP

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