immunity

Caracas, October 6, 2026 (venezuelanalysis.com) – The US Justice Department has urged New York District Judge Alvin Hellerstein to reject Venezuelan President Nicolás Maduro and First Lady Cilia Flores’ sovereign immunity claims amid their ongoing legal case.

In a court filing submitted on October 2, prosecutors told the court that Maduro and Flores’ motions to dismiss their indictments “should be denied.”

The Venezuelan president and first lady, who is also a legislator, were kidnapped in Caracas by US forces on January 3. They were charged with drug trafficking conspiracy and weapons possession, with Maduro additionally facing a “narco-terrorism” accusation.

The pair’s defense teams filed motions to dismiss the case in September, arguing that their respective positions in the Venezuelan government should make them immune to criminal prosecution in a third country.

In response, the Justice Department stated that the recognition of a foreign head of state is the exclusive competency of the executive branch, and that Washington has not recognized Maduro since 2019. Historically, US courts have deferred to the White House and State Department on foreign policy matters.

However, in the ongoing case, Justice Department officials sought to bolster their argument by stating that the Venezuelan government, led by Acting President Delcy Rodríguez, has declined to invoke immunity for Maduro and Flores.

“If Venezuela wished to assert its view that the defendants were entitled to immunity in this, it could have,“ the submitted document read. “The defendants’ attempt to claim the contrary is an admission that such silence is devastating to their claims.”

The prosecutors pointed to an ongoing civil lawsuit in Florida against Maduro, Rodríguez, and other defendants, where the Venezuelan government, through its US embassy, requested that the Trump administration communicate to the respective court that the acting president should “enjoy absolute immunity from judicial proceedings in foreign domestic courts.”

The State Department sent a letter in June calling on the Florida district court to “promptly dismiss the proceedings.” The White House likewise communicated to the court that all claims against Rodríguez should be “dismissed without prejudice.”

In August 2025, three US nationals who were imprisoned in Venezuela sued Maduro, Rodríguez, and several other current and former state officials. The plaintiffs claimed to have suffered “torture” and to have been used in “hostage diplomacy.” The judge issued a default ruling after Maduro and other defendants failed to show and awarded $314 million in damages to the plaintiffs.

“Venezuela did not request immunity in this case, despite every opportunity to do so. Indeed, there is no doubt that the current Venezuelan government knows how to request immunity,” the Justice Department’s recent filing continued.

Prosecutors went on to claim that the Trump administration’s foreign policy views, coupled with the Venezuelan government not explicitly invoking immunity, should outweigh the defense’s assertion that the United Nations recognized Maduro’s presidency.

Hellerstein is scheduled to hear oral arguments on the pre-trial motions to dismiss on November 17 before issuing a ruling. If the trial goes forward, it will begin on June 1, 2027.

Caracas has not commented on the latest developments in Maduro and Flores’ legal case. In recent months, Venezuelan officials have occasionally expressed hope that the two will eventually return to the country but without demanding their immediate release.

Rodríguez made no mention of Maduro and Flores’ kidnapping and prosecution during her recent trip to New York for the 81st session of the UN General Assembly. In a July interview, she claimed that Maduro has the right to “demonstrate the truth” before the US Justice system but did not call for his liberation.

The Venezuelan government is covering the pair’s legal defense costs after the US Treasury Department lifted restrictions blocking it.

In his UN speech on September 22, Trump celebrated the military operation that led to the abduction of Maduro, whom he called an “outlaw dictator.” Trump and Rodríguez met on the sidelines of the UN General Assembly, with the Venezuelan leader thanking the US president for supporting “Venezuela’s reinsertion into multilateral spaces.”

Edited by Lucas Koerner in Philadelphia, USA.

“Get away with it”

Memusi Lochede sits on a bed as her 24-year-old daughter Chaula lies motionless on the floor of their home in Archer’s Post, in the shadow of the training grounds. A donated wheelchair sits in the corner. Her daughter’s right leg is gone; metal rods brace a body so badly injured that she struggles to hold up her head.

“I have so much pain in my heart seeing my daughter in this condition,” 46-year-old Lochede tells Al Jazeera, wiping the drool from her daughter’s chin. “I feel ashamed that she needs so much help, and I don’t know how to help her.”

In 2019, Chaula, then a teenager, says she was hit by a speeding BATUK vehicle while crossing the road. Her leg was amputated and, her mother says, she was left paralysed and spent nearly three years in hospital.

A BATUK representative later came to see Lochede, she says.

“He apologised for what happened and said they don’t want a court case and would take care of my daughter — anything she needs,” she recounts.

The MOD said it “has not located a record of an approach having been made by a BATUK representative to the family.”

When her daughter was discharged, BATUK paid the hospital bills — without receipts or disclosing the amount — and disappeared, Lochede says. For years, Lochede called its community liaison officer, the Kenyan official tasked with receiving complaints like hers, who never answered. Eventually she gave up.

The MOD told Al Jazeera in August that BATUK is aware of the claim that one of its drivers “hit and injured a minor” in 2019, “resulting in permanent injuries”.

It said legal representatives have been in contact with the Kenya National Commission on Human Rights about the case and that a compensation offer has been made but the commission has not responded.

In late September, Al Jazeera asked the MOD what had been offered, when, and through whom. It did not provide those details, saying instead that BATUK “remains willing to engage with the child’s family, through an appropriate representative and on a without-prejudice basis,” but that “to date, we have been unable to establish contact with the family or an authorised representative”. Any resolution would have to rest on “verified medical and factual information” and, because the claim concerns a minor, be approved by a Kenyan court.

Ruth Getobai Nchagwa, a deputy director at the commission, says it has “never engaged with BATUK directly as our letters to them went unanswered”.

Chaula’s case “has not been addressed to date,” she notes, and the commission is not aware of any discussions about compensation. Lochede similarly says no one has ever approached her about compensation.

Before the accident, Lochede supported her five children by making beaded necklaces and selling them in Nairobi. Now she cannot leave her daughter’s side, and Chaula’s care costs about 30,000 Kenyan shillings ($230) a month — more than Lochede usually earns.

“It’s a shameful feeling to pick up the phone and call so many numbers for help, and no one picks up your call,” she explains, her lips quivering as she fights tears. “In those moments where I can’t provide for my daughter, I just lock myself inside the room and lie in my bed and cry.”

Her daughter, once healthy and active, now barely speaks.

“There are some days she wakes up and says just one word, like ‘food’ or ‘bathroom,’” Lochede says. “Those are the good days. Other days, she refuses to eat. I can see that she’s depressed and lonely. Inside, her soul is shattered.”

“These soldiers do these things because they know they can get away with it,” she adds sharply. “They know we don’t have money. We don’t have power. It’s extremely difficult for us to fight them.”

Cases like Chaula’s are far from isolated. Last year, a landmark two-year inquiry by Kenya’s parliamentary defence committee put decades of alleged BATUK abuses on the official record.

The 94-page report gathered testimony from hearings across Laikipia and Samburu, including a herder allegedly shot by a British sergeant; the alleged gang rape of 30 women at knifepoint in 1997; a boy who lost both arms and an eye to unexploded ordnance; and women with children their British fathers had never acknowledged.

BATUK declined to appear, citing its status and immunities under the defence arrangements. The committee condemned the refusal as contemptuous, calling it “emblematic of institutional contempt for the authority of Parliament and, by extension, the sovereignty of the people of Kenya”.

It concluded that BATUK “is increasingly seen as an occupying presence rather than a development partner”, with affected residents drawing parallels to colonial injustices. Witnesses told the committee that “suspected BATUK abuses are not only unpunished but actively covered up” — that whenever a BATUK member is implicated, police files often “go missing” and complainants are “intimidated into silence.”

An MOD spokesperson told Al Jazeera the UK “deeply” values its relationship with Kenya, “which has long been the UK’s defence partner of choice in East Africa”.

The MOD is “addressing concerns raised by Kenyan authorities and communities, focusing on legal accountability, ethical standards, environmental stewardship, economic benefit and social responsibility,” the spokesperson said.

Regarding road traffic incidents, the spokesperson said BATUK “cooperates fully with the local authorities and Kenyan Police”, that all such incidents are “investigated thoroughly” and that “where claims are made, BATUK submits to the jurisdiction of the Kenyan courts”.

When asked what progress the MOD had made on the concerns raised by the committee, and whether it was investigating any of the specific cases, it referred Al Jazeera to the written statement it submitted to the inquiry, which said it was “not aware of any evidence to support any allegation of collusion with security forces to suppress or dismiss complaints, or intimidate, bribe or coerce victims into silence”, and that any such evidence “would be taken extremely seriously and investigated accordingly”.

For Awino Okech, professor of feminist and security studies at SOAS University of London, the parliamentary report points beyond individual abuses. “This is no longer a case of a few bad apples but reckoning with what many will interpret as accepted militarised institutional culture,” she tells Al Jazeera.

“The fundamental question the British government is being asked to reflect on is their responsibility when there is a documented pattern of malbehaviour by their employees in a foreign country.”

Okech says the pattern cannot be separated from race. “We cannot ignore the racialised element. In this case, it is visible when crimes committed in Kenya are taken less seriously.”

Hungary’s Parliament lifts immunity of incumbent leader and two ex-Orban ministers, clearing the way for criminal probes.

Hungary’s Parliament has stripped Prime Minister Peter Magyar and two ministers in former leader Viktor Orban’s nationalist government of their immunity, clearing the way for prosecutors to pursue separate criminal investigations into each of them.

The vote on Monday came after Magyar, who is being investigated for theft, specifically asked for his immunity to be lifted so he could clear himself of “character assassination”. The probes against the Orban-era ministers – who are suspected of embezzlement and bribery – are the first corruption investigations against top government figures from Orban’s 16 years in power.

Legislators voted overwhelmingly in favour of lifting their immunity.

Orban’s Fidesz party and its ally KDNP boycotted the session.

The vote was in response to a request last week from prosecutors seeking to investigate Magyar, as well as former Minister of Culture Balazs Hanko and former Minister of National Development Miklos Sesztak.

Magyar is being investigated over an incident at a Budapest nightclub in June 2024, when prosecutors allege he took a mobile phone from a man filming him and threw it into the Danube River.

Magyar has called the case a “sham” and last week accused prosecutors of trying “to conflate” the ex-ministers’ cases “with the attempt at political character assassination… which has already failed several times”.

Corruption cases

Hanko, a legislator from Orban’s Fidesz party, is accused of embezzling more than 40 million euros ($46m) in public funds. Prosecutors allege the money was used to help finance the 2026 parliamentary election campaign and for the personal benefit of others.

Sesztak, a lawmaker from KDNP, is under investigation over allegedly accepting more than $37.2m in bribes and kickbacks connected to vehicle procurements under Hungary’s state bus company, as well as to state construction projects.

Both ministers deny any wrongdoing.

The cases come less than six months after Magyar’s Tisza party ended Orban’s 16 years in power with a landslide election victory. Magyar campaigned on pledges to tackle corruption, restore rule-of-law safeguards, and rebuild Hungary’s strained relationship with the European Union.

His government has since made fighting alleged corruption and overpriced public procurement a central part of its programme, including plans for a new asset-recovery office focused on wrongdoing linked to the Orban era.