Detention of Maria Lourdes Afiuni

Judge María Lourdes Afiuni Mora is a Venezuelan who was 46 years old as of April 2010[1] and had served as a judge for eight years; she was head of the 31st Control Court of Caracas. In 2009 she was arrested on charges of corruption after ordering the conditional release on bail of businessman Eligio Cedeño, who then fled the country.[2] She was moved to house arrest in Caracas in February 2011, and granted parole in June 2013,[3][4] but she is still barred from practicing law, leaving the country, or using her bank account or social networks.[5]

Human rights groups accused the late Venezuelan President Hugo Chávez of creating a climate of fear that threatens the independence of the judiciary.

Arrest

Judge Afiuni was arrested by intelligence officers after ordering the conditional release on December 10[6] of businessman Eligio Cedeño pending his trial for evading currency controls.[7][8] According to the United Nations, she was "charged with corruption, accessory to an escape, criminal conspiracy and abuse of power", and was "denied a public defender".[9] A "pro-Chavez congressman" stated that a bribe was paid to Afiuni; she denies the charge.[1]

Afiuni said she was following United Nations' guidance when she released Cedeño, who had been detained longer than the time allowed under Venezuelan law.[10][11] Cedeño had been held in pre-trial detention for three years, although Venezuelan law prescribes a two-year maximum.[7] The pretrial detention process had been repeatedly delayed because prosecutors failed to appear at hearings.[12] According to Venezuela's attorney general, Luisa Ortega Diaz, the release on bail was determined at a hearing without prosecutors present.[13] Cedeño states that "my trial was improperly suspended in 2008, when a jury was poised to acquit me after a trial which lasted more than two months", and that Afiuni's decision was rendered "in the presence of two representatives from the Attorney General's Office".[14] He also says, "In light of the opinion of the U.N. Working Group, and given the unexcused absence of the prosecutors and the lack of objection by the other government representatives who were present, Control Judge Afiuni granted my conditional release ..."[14]

Detention

María Lourdes Afiuni was incarcerated on 17 December 2009 at the National Institute of Feminine Orientation (INOF), a women's prison on the outskirts of Caracas; her cell is close to convicts whom she sentenced to jail, and she reports she has been threatened.[7] Responding to concerns that Lourdes Afiuni's life was in danger, Venezuelan authorities reported on 29 December that she was being held separately from the general prison population.[6][15][16]

In January 2010, the prosecution filed official charges against Afiuni for alleged irregularities in the release of Eligio Cedeño.[17]

A hearing on Afiuni's case had been postponed several times as of April 2010.[1] In February 2011, she was granted house arrest during recuperation after emergency surgery for cancer.[18]

In November 2012, Afiuni denounced an alleged physical abuse during her detention.[19] However, according to prisoners of National Institute of Feminine Orientation (INOF), Afiuni had not been raped,[20] and she even enjoyed privileges during her detention.[21] According to her attorney she was raped while in prison, became pregnant, and had an abortion.[4]

Reaction

President Hugo Chávez called the judge a "bandit", applauded her arrest, and said she should be put away in prison for 30 years.[22] Chavez stated, "A judge who frees a criminal is much, much, much more serious than the criminal himself. This judge should get the maximum penalty... 30 years in prison. That judge has to pay for what she has done."[23] He also suggested that she had been bribed, and that Simon Bolivar would have had her shot.[23] The Caracas Bar Association asserts that the judge's decision to free Cedeño was legal, while the government says it was improper to release him without prosecutors present at the hearing.[24]

Several international groups have expressed concern about the arrest of Judge Afiuni. In December 2009, three independent human rights experts of the United Nations' (UN) Working Group on Arbitrary Detention called for Judge Afiuni's immediate and unconditional release;[9][25] they said, "Reprisals for exercising their constitutionally guaranteed functions and creating a climate of fear among the judiciary and lawyers' profession serve no purpose except to undermine the rule of law and obstruct justice".[9] In January 2010, the Inter-American Commission on Human Rights issued a protective measure in favor of Maria Lourdes Afiuni.[26] Other groups speaking out against the government's arrest of Judge Afiuni include the Episcopal Conference of Venezuela,[27] Human Rights Watch,[7] the U.S. Department of State,[28] and the Law Society of England and Wales.[29] A director of Human Rights Watch said, "Once again the Chávez government has demonstrated its fundamental disregard for the principle of judicial independence."[7]The Human Rights Foundation has circulated a petition calling for Afiuni’s immediate release. “Afuini’s is an open and shut case that exposes the despotic nature of the Chávez regime like few others,” said HRF president Thor Halvorssen. “Judge Afiuni has withstood years of vitriol by a subservient supreme court and scores of judges that fear something similar will happen to them if they dare to let her go.”[30]

On 8 July 2010, the European Parliament stated that it "Condemns the public statements made by the President of the Republic of Venezuela, insulting and denigrating the judge, demanding a maximum sentence and requesting a modification of the law to enable a more severe penalty to be imposed; considers that these statements are aggravating the circumstances of her detention and constitute an attack on the independence of the judiciary by the President of a nation, who should be its first guarantor."[31]

In July 2011, Noam Chomsky—who according to The Observer "Chávez has long considered ... one of his best friends in the west"[32]—published an open letter asking the government of Venezuela for "a humanitarian act that ends the judge's detention".[32][33] Chomsky stated, "I am convinced that she must be set free, not only due to her physical and psychological health conditions, but in conformance with the human dignity the Bolivarian revolution presents as a goal. In times of worldwide cries for freedom, the detention of María Lourdes Afiuni stands out as a glaring exception that should be remedied quickly, for the sake of justice and human rights generally and for affirming an honourable role for Venezuela in these struggles."[32]

Release

Afiuni was released on June 14, 2013 but remained on trial. In addition, the prosecutor asked the court to require her to report to the authorities every 15 days and to bar her from leaving the country and speaking to the news media.[4]

On July 1, 2015, Afiuni resolved to enter the hearing following the remarks made on June 29,2015 by Venezuela's Attorney General Luisa Ortega Díaz in Geneva. There, Ortega Díaz denied the existence of any complaint for sexual abuse and torture involving Afiuni.

According to one of her lawyers, Afiuni explained to the court "how the INOF guards and officials of the Ministry of Justice sexually abused her and destroyed her vagina, anus and bladder." and that "the evidence of ill treatment, torture and sexual abuse against Afiuni is contained in the case file and at the United Nations; for this reason, experts, rapporteurs and commissioners of international organizations have issued so many statements in relation to the case. It is not that they are biased, as hinted and said by Luisa Ortega Díaz. It is just that all the evidence confirms all that happened to Afiuni,".[34]

References

  1. 1 2 3 Forero, Juan (24 April 2010). "Venezuelan judge jailed after ruling angers President Hugo Chavez". The Washington Post. Retrieved 24 April 2010.
  2. ↑ Alonso, Juan Francisco (24 March 2010). "Human rights groups denounce in OAS flaws in Venezuela's justice system". El Universal. Retrieved 14 April 2010.
  3. ↑ "Jueza Afiuni se impuso de su libertad condicional en el Tribunal". El Universal. 17 June 2013. Retrieved 21 March 2015.
  4. 1 2 3 William Neuman; María Eugenia Díaz (June 14, 2013). "Court in Venezuela Orders Release of a Judge Once Scorned and Jailed by Chávez". The New York Times. Retrieved June 15, 2013.
  5. ↑ "Lawyer: Judge Afiuni has been professionally disabled". 13 December 2014. Retrieved 22 March 2015.
  6. 1 2 (Spanish) "Fiscalía sostiene que condiciones de reclusión de jueza Afiuni 'son las adecuadas'". El Nacional. 28 December 2009. Retrieved 21 January 2010.
  7. 1 2 3 4 5 "Rights group says Caracas attacks judicial freedom". The Washington Post. 8 April 2010. Retrieved 14 April 2010. Also available at Reuters.
  8. ↑ Romero, Simon (3 April 2010). "Criticism of Chávez Stifled by Arrests". The New York Times. Retrieved 14 April 2010.
  9. 1 2 3 "Venezuelan leader violates independence of judiciary—UN rights experts" (Press release). UN News Centre. 16 December 2009. Retrieved 14 April 2010.
  10. ↑ Carroll, Rory (17 December 2009). "UN human rights panel accuses Chávez of undermining Venezuelan judges: Experts criticise president after judge charged with criminal conspiracy". London: guardian.co.uk. Retrieved 14 April 2010.
  11. ↑ (Spanish) "HRW: Detención de Afiuni amenaza independencia judicial de Venezuela". El Universal. 8 April 2010. Retrieved 14 April 2010.
  12. ↑ "Cedeno Trial Postponed for Fourth Time in a Month". PRNewswire. Findlaw.com. 19 March 2008. Retrieved 14 April 2010.
  13. ↑ Venezuelanalysis.com, 22 December 2009, Venezuela to Demand Extradition of Banker Detained in the U.S.
  14. 1 2 "Eligio Cedeño's First Statement in Freedom". Venezuela Report by Robert Amsterdam. 25 December 2009. Retrieved 14 April 2010.
  15. ↑ "Venezuela Says Prison Conditions 'Adequate' For Jailed Judge". Wall Street Journal. 29 December 2009.
  16. ↑ (Spanish) "ONG exige traslado de la jueza Afiuni a otro sitio de reclusión". El Nacional. 5 January 2010. Retrieved 29 January 2010.
  17. ↑ (Spanish) "Ministerio Público acusó a la jueza Afiuni por darle libertad a Cedeño". El Universal. 26 January 2010. Retrieved 29 January 2010.
  18. ↑ "Venezuela judge Maria Afiuni moved to house arrest". BBC. 2 February 2011. Retrieved 6 February 2011.
  19. ↑ (Spanish) ""Afiuni recibía comida en su celda individual, leía prensa y veía TV"". Agencia Venezolana de Noticias. 25 November 2012. Retrieved 25 November 2012.
  20. ↑ (Spanish) "Compañeras de reclusión desmienten a exjueza Afiuni (+FOTOS+VIDEOS)". Venezolana de Televisión. 25 November 2012. Retrieved 26 November 2012.
  21. ↑ (Spanish)"Afiuni gozaba todo tipo de privilegio y escogía sus visitas en el Inof". Agencia Venezolana de Noticias. 25 November 2012. Retrieved 25 November 2012.
  22. ↑ "Venezuela's Chavez Criticized Over Hasty Arrest Of Judge". Wall Street Journal.
  23. 1 2 Carroll, Rory (15 December 2009). "Hugo Chávez demands jailing of judge who freed banker: Venezuelan president calls for María Afiuni to 'pay' for release of Eligio Cedeño, who was facing corruption charges". London: guardian.co.uk. Retrieved 14 April 2010.
  24. ↑ "Venezuelan banker halted in Miami, seeks asylum". Business Week.
  25. ↑ "U.N. criticizes Venezuela's President Chavez for judge's arrest". LA Times. 17 December 2009. Retrieved 14 April 2010.
  26. ↑ (Spanish) "TSJ suspende sin goce de sueldo a Afiuni". Noticia al Dia. 15 January 2010. Retrieved 29 January 2010.
  27. ↑ (Spanish) "Conferencia Episcopal llama al diálogo y deplora agresiones". El Nacional. 25 January 2010. Retrieved 29 January 2010.
  28. ↑ (Spanish) "EE.UU. advierte a Chávez que respete los DD.HH. y la libertad de expresión". La Nacion. 26 March 2010. Retrieved 14 April 2010.
  29. ↑ "Vietnamese lawyer escapes death sentence". Law Society of England and Wales. 28 January 2010. Retrieved 30 January 2010.
  30. ↑ Pizano, Pedro. "Venezuela: HRF calls on Venezuelan authorities to release Judge María Lourdes Afiuni, publishes legal report on her case". Human Rights Foundation. Retrieved January 20, 2013.
  31. ↑ European Parliament resolution of 8 July 2010 on Venezuela, in particular the case of Maria Lourdes Afiuni http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2010-0289+0+DOC+XML+V0//EN
  32. 1 2 3 Carroll, Rory (3 July 2011). "Noam Chomsky criticises old friend Hugo Chávez for 'assault' on democracy". The Observer. London. Retrieved 3 July 2010.
  33. ↑ (Spanish) Globovision/EFE (7 July 2011). "Chomsky confía en que Chávez libere a Afiuni tras pedírselo en carta pública". Globovision. Retrieved 7 July 2010.
  34. ↑ http://www.eluniversal.com/nacional-y-politica/150701/afiuni-breaks-the-silence-speaks-up-during-trial
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