The Court annulled the confiscation of more than 1,000 miners in Caracas and Aragua.
Despite the fact that SUNACRIP is an independent entity, the court interceded in this dispute with miners.
One of the courts of the capital of Venezuela interceded in favor of the Bitcoin miners residing in the territory. This is demonstrated by the approval of a procedure to annul the confiscation of a batch of miners, which was carried out almost a month ago by the country’s main cryptocurrency regulator, the National Superintendency of Crypto Assets and Related Activities (SUNACRIP).
According to a document published by the Supreme Court of Justice – presented by Judge María de los Ángeles Toledo – the lawyers of the company dedicated to cryptocurrency mining, SIERRAMOROS, They filed an amparo on behalf of their client to annul the confiscation of more than a thousand mining equipment that were seized by Sunacrip officials.
Those affected denounced that the company was “flagrantly violated the right to defense”, since there were irregularities in the inspection and punishment procedure of the miners in the hands of the regulatory entity. They also pointed out that the government body did not respect the right to due process, property, and even “economic freedom.”
The lawyers affirmed that, at the beginning of October, members of Sunacrip and members of the Venezuelan police visited two companies sub-contracted by SIERRAMOROS to maintain their equipment. The officials made an inspection of the activities of both companies, deciding to seize the miners because their activities “violated the Comprehensive Cryptoactive System.”
The Supreme Court of Justice (TSJ) of Venezuela published the decision made by the Capital District court. Source: Screenshot.
In this way, they placed 12 Antminer S9-S9I equipment, 1,624 EBANG E9I miners and 1,475 power sources under their custody. Nevertheless, All this occurred without the authorities specifying the criteria for imposing said measures. or the place where the equipment would be sheltered.
It was reported in the file that SUNACRIP officials did not follow the legal parameters for the consignment of documents either. For example, miners in an inspection are allowed to deliver all the documentation of their equipment within a period of 15 days, but the officials did not follow this obligation and determined the confiscation without the possibility of consigning all the papers.
As if that were not enough, they assure that the personnel were prohibited from gathering the documentation that same day, supposedly “for reasons of security and protection of the inspection report.” Due to these events, the First National Administrative Contentious Court of the Capital District admitted the constitutional protection to annul the decisions of the Sunacrip in this case provisionally.
What does this judicial decision mean for the Venezuelan miners?
In this way, it was decided that all the equipment of the SIERRAMOROS mining company should be returned to its owner. They also order a new separate investigation to be opened to verify whether the company is complying with all the requirements to be able to legally mine in Venezuela. Due to this, they warn the company involved that it will not be able to carry out mining activities until Sunacrip authorizes it.
In addition to all this happening, the court determined that it has jurisdiction in cases of this type, despite the fact that the National Cryptoactive Superintendency is an independent governmental entity in Venezuelan territory. This means that Sunacrip is not the only body that has a say in the cryptocurrency market and mining in the country. In the event of an inconvenience between the parties involved, the miners can file an appeal in the State courts to resolve irregularities in inspections of their work centers.
It is not the first time that an organism of the Venezuelan State intercedes in favor of the miners of the country. Just a few months ago it was decreed that any police officer who detained cryptocurrency miners without any justification could be punished with jail. After several abuses against the miners who make life in the country and numerous complaints, a National Association of Cryptocurrencies (Asonacrip) was created to protect the rights of all members of this community.