US Uses Rare Torture Law in Maduro Case

US prosecutors have added a charge of conspiracy to commit torture to their case against Venezuela’s former president, Nicolás Maduro, and his wife, Cilia Flores. The superseding indictment, unsealed in Manhattan on Thursday, 8 October 2026, relies on a rarely used federal law, and both defendants deny the charges.

The charge widens a case that began with drug-trafficking allegations, which we covered when Maduro pleaded not guilty on 15 October. It matters to US readers because prosecutors say American citizens were among the alleged victims, and the case tests how far US courts can reach abuses abroad.

What the New Charge Says

The count falls under 18 U.S.C. §2340A, a law passed in 1994 to carry out US obligations under the United Nations Convention Against Torture. It makes torture committed abroad a US crime when certain conditions are met, and the Justice Department says this count carries a maximum sentence of 20 years.

Prosecutors allege a state-backed system of repression against political opponents, including beatings, asphyxiation, electric shocks and sexual violence. They say some victims were US citizens, and AP and NBC put the number at three.

What Prosecutors Allege

According to Kaieteur News, which summarised the indictment, prosecutors allege that Maduro recommended methods of torture, received reports on particular detainees and threatened to kill a prisoner’s child. They allege that Flores helped develop the repressive apparatus and ordered torture against particular people.

Reports name Venezuela’s military counterintelligence agency, known by its initials DGCIM, as one of the bodies involved. One incident from 2018 alleges that officers struck a detainee with a machete and sprayed him with a chemical irritant. These are allegations, and none has been proved in court.

The Defence and the Court

Maduro and Flores pleaded not guilty at a hearing before Judge Alvin Hellerstein on 15 October, according to AP. Their lawyers argue that they cannot be tried because they were the leaders of a foreign state, and were reported to be revising their immunity motions.

The couple was taken into US custody after a US military operation in Caracas in January, according to reports. The judge has set trial for June 2027, and we found no ruling yet on the immunity arguments.

Why Lawyers Call It Significant

Michel Paradis, a lawyer at the firm Steptoe, called the case a landmark and described it as the first US prosecution of a sitting head of state for allegedly authorising torture, Kaieteur News reported. That is his assessment, not a court finding.

The new count moves attention from cocaine trafficking to alleged political repression. Under US law, Maduro and Flores are presumed innocent unless a jury convicts them.

What It Means for You

The case puts a US federal jury in Manhattan in front of evidence about alleged abuses in Venezuela, including claims involving American citizens. A conviction would set a precedent for prosecuting foreign leaders under the anti-torture law, while an acquittal or an immunity ruling would limit it.

Investors in Venezuelan debt and oil should note that the legal track runs alongside US sanctions policy, but we found no direct market effect from this charge.

What Is Not Known

It is not known how many alleged victims there are, where they were held or when each incident happened, beyond the examples in the indictment. The court has not ruled on whether head-of-state immunity applies to Maduro and Flores.

Reports give Flores’s age as 69 or 70, and the exact times of the filing, unsealing and hearing were not stated in the reports we reviewed.

Frequently Asked Questions

What law is the torture charge based on?

It rests on 18 U.S.C. §2340A, passed in 1994 to implement the UN Convention Against Torture. It covers torture committed outside the United States.

When did Maduro and Flores plead not guilty?

Both pleaded not guilty on 15 October 2026 before Judge Alvin Hellerstein in Manhattan. The superseding indictment had been unsealed on 8 October.

What is the maximum penalty for the torture count?

The Justice Department says the torture-conspiracy count carries a maximum of 20 years in prison. Other counts in the indictment carry their own penalties.

What does the defence argue?

Their lawyers argue that Maduro and Flores were leaders of a foreign state and cannot be tried. The judge had not ruled on those arguments in the reports we reviewed.

Sources: US Department of Justice; Kaieteur News; GV Wire (AP); CourtsCast.

Further reading: Maduro Pleads Not Guilty to Torture Charges; Venezuela Law Review Covers 4 Political Laws.

This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief