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Venezuela delivered to US additional information from Venezuelan judicial organisms on Posada's case

Washington DC
June 10, 2005

1. - Today, the Embassy of the Bolivarian Republic of Venezuela, as a representative of the government of Venezuela, delivered to the United States State Department a large amount of additional information from Venezuelan judicial organisms on the facts and circumstances showing Luis Posada Carriles' active participation in the aggravated homicide of 73 persons, including a pregnant woman, in the terrorist attack against a Cubana de Aviaci?n flight.

2. - The documents presented include ample evidence of probable cause that Luis Clemente Posada Carriles is responsible for the explosion aboard the plane on October 6, 1976. The documents submitted before the State Department include the following:

a. Evidence that Luis Clemente Posada Carriles is a naturalized Venezuelan citizen, whose national identification number is V 5304069.
b. The charge of aggravated homicide brought against the accused party.
c. Evidence on Luis Clemente Posada Carriles' escape from prison.
d. The arrest warrant brought against the fugitive.
e. Evidence that the imputed intellectual author of the crime is Luis Clemente Posada Carriles. Freddy Lugo and Hern?n Ricardo have already been found guilty of the crime by the Venezuelan judicial system.
f. The testimony of Hern?n Ricardo, in which he admits that he placed the C-4 explosive in the airplane's rear bathroom after boarding in Caracas and that he so informed Posada Carriles, referring to the passengers as "dead dogs."
g. The testimony of Marin?s Vega Urbina, affirming that after the explosion Hern?n Ricardo called her and asked her to call Posada Carriles to inform him that the operation had been successful and that they urgently needed his help.
h. The testimony of Freddy Lugo, confirming his participation in the crime and about the urgent calls made to Posada Carriles asking for help after the explosion.
i. Statement made by Posada Carriles, in which he admits his relationship to the other perpetrators.
j. Statements made by officials who investigated the crime in Trinidad, proving the guilt of those accused of committing the crime.
k. The history of the litigation in Venezuela that shows that after litigation in the military tribunals, the case was annulled on March 24, 1983, because it was conducted in the wrong forum. Subsequently, it was sent to the penal courts where, prior to a veredict by the court, Posada escaped from prison in San Juan de los Morros in Gu?rico state on August 18, 1985.

3.- The statutory period for trying the case has not lapsed, because according to Article 110 of the Penal Code, the statute of limitation is tolled for a fugitive until a new legal action is taken.

4. - On June 2, 2005, and via a Diplomatic Note, the government of Venezuela ratified its May 13, 2005, request for Posada Carriles' preventative detention with the purpose of extradition and manifested its desire to collaborate with United States authorities and provide the legal basis to proceed with its execution. All of this based on the Extradition Treaty between the two countries, the seriousness of the crimes imputed to Luis Posada Carriles, and the principle of reciprocity.

5. - The government of Venezuela reiterates that citizen Luis Posada Carriles is subject to a judicial process in Venezuela that has been temporarily suspended as a result of his escape from the prison were he was being held. With this in mind, the government of Venezuela reaffirms its request for preventive detention for the purpose of extradition and requests the cooperation of United States authorities to avoid that Luis Posada Carriles once again evades justice.

6. - Likewise, the government of Venezuela reiterates to the government of the United States its duty to honor agreements established in the Extradition Treaty in place between the two countries.

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