So, The Netherlands invoked an article nobody had referred to in the whole affair, to release Hugo Carvajal on Sunday evening. Basically what the Netherlands said was that Art. 13 of the Vienna Convention allows for a Consul named but not accepted to temporarily assume his or her duties. Thus, according to this, Carvajal’s arrest was valid and his release was valid.
It was somewhat sneaky of the Dutch to release Carvajal on a Sunday, without going to the Judge that originally said Carvajal did not have immunity. You would have thought that in a country with Law and Order, the proper procedure and place would have been to go to Court on Monday and request Carvajal’s release.
Most likely, the Dutch Government did not want the US to show up in Court on Monday with the extradition papers, creating a conflict. The Prosecutor in Aruba had said that the extradition was now just a formality and the US just had to provide the required documentation for it to take place.
Clearly, everyone applied pressure, but the weak link did not turn out to be Aruba as I suggested on my first post, but rather The Netherlands, as reportedly even Russia played a role, exchanging concessions on the Ucraine plane for helping release Carvajal. No matter what anyone says or how this is interpreted, it was a severe blow to the US, who would have loved to get Carvajal onshore. The indictments are a doozy, they are sealed indictments in Miami and New York, accusing Carvajal in Miami of helping drug dealers and in the Carvajal Indictment Southern District of NY of :
Meanwhile, Carvajal is welcomed in Venezuela as a hero and there are few mentions of the fact that The Netherlands declared him persona non grata. What is true according to reports is that Carvajal had been going to Aruba for months and unlikely that he was going to act as a Consul. We will never know what he was doing there, but one can suspect.
The most likely threat by Maduro on the Dutch? That Venezuela would withdraw from the Isla refinery in Aruba. The Netherlands already spends more money that it wants on the ABC islands to have to spend even more.
This story likely ends here for now. Carvajal and his buddies will likely stay away from jurisdictions with a US extradition treaty for quite a long time.
And, of course, no more Disney for you, high ranking Chavistas!