The EMTRASUR Boeing 747-300 photographed in Ciudad del Este, Paraguay, a few months before its controversial detention in Argentina. File photo.
The government of Venezuela categorically denounced the decision of the Argentinian Federal Prosecutor of Lomas de Zamora, Cecilia Incardona, and the head of the General Directorate of Regional and International Cooperation of the Attorney General’s Office (DIGCRI), Diego SolernĂł, regarding the theft of the EMTRASUR 747 aircraft, illegally grounded in Argentina.
The note denouncing the decision was released by Venezuelan Foreign Minister Yván Gil, who published on social media platform X an official statement on Venezuela’s position on the arbitrary measure.
The statement denounces “the continued violation of international agreements acquired by the Argentine State with the international community, mainly, the Convention on International Civil Aviation, Vienna Convention on the Law of Treaties, United Nations Charter, Bilateral Agreement between the Argentine Republic and the Bolivarian Republic of Venezuela and others related to International Air Navigation and Human Rights.”
La República Bolivariana de Venezuela rechaza de manera categórica, la decisión de la Fiscal Federal Argentina de Lomas de Zamora, Cecilia Incardona, y el titular de la Dirección General de Cooperación Regional e Internacional de la Procuración General de la Nación (DIGCRI),… pic.twitter.com/3Tnd4zHZYp
— Yvan Gil (@yvangil) December 30, 2023
The text explains that the International Law Commission recognizes that the Vienna Convention on the Law of Treaties, which comes from the Codification of International Law, is an autonomous source of the discipline as provided for in Article 38 of the Statute of the International Court and therefore, the treaty signed between the United States and Argentina is not valid to support the action of stealing the Venezuelan aircraft.
The Venezuelan government denounces that the Argentine justice system intends to ignore the content of Article 27 of the Convention on International Civil Aviation, which establishes the prohibition of grounding or seizure of an aircraft in service over patent [intellectual property] concerns.
The statement clarifies that, in a trial full of arbitrariness that was in breach of the domestic legal system itself, the defense demonstrated that the crew, the aircraft, and the cargo complied with each and every one of the international standards for air navigation.
It explains, by virtue of what has been described, that the treaty between the United States and Argentina cannot be applied to a third state because it would be in clear violation of the obligations assumed in multilateral agreements.
The Venezuelan government requests the Argentine Republic to immediately return the aircraft, which can only fly under the express authorization of Venezuela, to which it lawfully belongs.
Venezuela’s AFTN message
The plane was illegally grounded in June 2022 by Argentina at the behest of US political pressure. Since the plane has been stolen, Venezuela’s National Institute of Civil Aeronautics (INAC) sent a communication to all the aeronautical authorities of the international community, through the AFTN network (Aeronautical Fixed Telecommunications Network), prohibiting the authorization of flights of the Venezuelan Emtrasur aircraft.
“Those who dare to authorize its overflight, technical stopovers, become complicit in the violation of international law and Venezuela will reserve a response,” says part of the statement released by teleSUR journalist, Madeleine GarcĂa, in her account on social media.
Regarding EMTRASUR’s (a subsidiary of the flag airline Conviasa)Â Boeing 747-300 cargo jet, the Argentine judge, Federico Villena, determined that there was no evidence to link the ship, its crew, and the cargo on board to terrorist operations. However, it is being held illegally at the request of the United States Government, and according to the latest developments neoliberal President Javier Milei will soon authorize US authorities to steal the plane completely.
(RedRadioVE) by Victoria Torres with Orinoco Tribune content
Translation: Orinoco Tribune
OT/JRE/DZ
