detailed information on the transfers and the nature of “the ‘strict measures’ that
would be adopted.”
12.
The brief of February 17, 2011, where the representatives presented the following
updates and a request of extension of the provisional measures:
a) Judge Afiuni’s health “continued to worsen severely while she was not receiving
the medical care that would allow for a timely diagnosis and adequate and timely
treatment.” This led to her medical examination on January 28, 2011, at a Caracas
oncology hospital by hospital physicians and with the approval of the physician of her
choice. She was diagnosed with several ailments and underwent surgery on February
3, 2011, in which they conducted a full abdominal hysterectomy that took place
without complications. She is currently recovering post-surgery at her home. This
serves as evidence of the inhumane conditions of her detention, since she was
denied basic care;
b) In compliance with the recommendation of prosecutors of the Office of Protection
of Fundamental Rights of the Public Prosecutor’s Office, on February 2, 2011, Court
No. 26 agreed on a substitute precautionary measure and ordered surgery be
performed on Ms. Afiuni, and that she “be released from the Padre Machado Cancer
[Hospital] and placed in her home, thereby granting this citizen [Afiuni], for health
and humanitarian reasons, the precautionary measures established in article 256
subparagraphs 1, 3 and 9 of the Organic Criminal Procedural Code,” ordering the
following measures:
house arrest at her own residence, without any right to exit the home;
once the beneficiary has fully recovered at her residence, and with permission
from the physicians who practiced her surgery, Judge Afiuni shall appear before
the Twenty-Sixth Court of Caracas every 8 days;
a strict prohibition on giving any statements to national or international
media; and
a strict visitation regime for non-relatives, with a maximum of five people
allowed at her residence at any given time and a one-hour time period between
visits.
c) while the preventive house arrest measure did “substantially improve” the
inhumane conditions to which she was subjected at the INOF, the beneficiary
“continues to be subjected to arbitrary detention under extremely restrictive
conditions; for example, she is banned from leaving her apartment, and therefore
has no direct access to sunlight;”
d) Ms. Afiuni’s attorneys filed an appeal against this ruling;
e) The new ban on Ms. Afiuni making statements to the media “places her in a
situation of extreme gravity and urgency that will cause irreparable harm to her
freedom of speech” as it constitutes a “true ‘prior censorship.’” Because of this, they
asked the Court to reaffirm the urgent measures issued by the President and to
“extend the provisional measures to the benefit of Judge Afiuni in order to prevent
any irreparable harm from being caused to her right to freedom of expression.”
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