Government of Venezuela Diplomatic Note
Luís Posada Carriles: Facts & Circumstances
1. On this day, the Embassy of the Bolivarian Republic of Venezuela, representing the Venezuelan Government, delivered to the [U.S.] Department of State a wide-ranging collection of additional information supplied by Venezuela's judicial institutions about the facts and circumstances that reveal the active participation of the fugitive Venezuelan citizen Luís Clemente Posada Carriles in the crime of homicide, through the terrorist attack on the Cubana de Aviación plane that led to the death of 73 persons, including a pregnant woman.
2. The documentation submitted includes extensive evidence that there is probable cause to determine that Luís Posada Carriles is responsible for the bombing of the plane, which occurred on 6 October 1976. The documents delivered today to the Department of State include the following:
a. Evidence that Luís Clemente Posada Carriles is a naturalized Venezuelan citizen, [bearing] identification card number V 5304069.
b. The indictment against the accused for homicide.
c. Evidence about the escape from jail of Luís Clemente Posada Carriles.
d. The arrest warrant against the fugitive.
e. Evidence that the alleged intellectual author of the crime is Luís Posada Carriles. Freddy Lugo and Hernán Ricardo have been declared to be the material authors by the Venezuelan judicial system.
f. The testimony of Hernán Ricardo, wherein he admits that he placed the C-4 bomb in the rear toilet of the plane, after boarding the aircraft in Caracas, and that he so informed Posada Carriles, referring to the passengers as dead dogs.
g. The testimony of Marinés Vega Urbina, stating that shortly after the bombing of the plane she received a phone call from Hernán Ricardo, who asked her to phone Posada and inform him that they had carried out the operation successfully and that they needed urgent assistance from him.
h. The testimony of Freddy Lugo, confirming his participation in the bombing of the plane and the urgent phone calls they made to Posada Carriles shortly after the evil deed to ask him for assistance.
i. Statement by Posada Carriles, wherein he admits a relationship with the other accomplices.
j. Statements from the officials who investigated the crime in Trinidad, revealing the culpability of those accused of the evil deed.
k. The history of the litigation in Venezuela, which shows that, after a legal process in the military tribunals, the case was annulled on 24 March 1983 because it had been held in the wrong forum, and then was sent to the criminal tribunals where the case was still pending, but on the eve of the judicial decision, on 18 August 1985, Posada escaped from the jail of San Juan de los Morros in the state of Guárico.
3. The case is not subject to the statute of limitations, because, according to Article 110 of the Criminal Code, when the defendant escapes from jail, the statutory time is suspended until legal action can be renewed.
4. On 2 June 2005, through a Diplomatic Note, the Venezuelan Government restated its request for preventive detention for the purpose of extradition, submitted on 13 May 2005, and expressed its willingness to collaborate with United States authorities and provide the legal grounds necessary to proceed with [the extradition]. All this was done according to the Treaty of Extradition in effect between our two countries, the gravity of the crimes imputed to citizen Luís Posada Carriles, and the principle of reciprocity.
5. The Venezuelan Government reiterates that citizen Luís Posada Carriles is the subject of a judicial process in Venezuela that was temporarily suspended because of this Venezuelan citizen's escape from the premises where he was detained. To that effect, the Government of Venezuela, while again reaffirming its request for preventive detention for the purpose of extradition, requests the cooperation of the U.S. authorities to prevent Luís Posada Carriles from once again evading the action of justice.
6. Likewise, the Government of Venezuela reiterates to the Government of the United States its duty to honor the commitments established in the Treaty of Extradition in effect between our two countries.