national broadcast and the “pact of no aggression” against her promoted at the
INOF;
c) The poor detention and health conditions of Ms. Afiuni. In addition, the inmates that
interact with her are also being threatened. Moreover, her visits are limited and
controlled by State agents, and even her attorneys are being denied continued
access, with no justification;
d) Its concern with the State authorities’ lack of compliance with the precautionary
measures ordered. The State did not respond to the Commission’s requests for
information. Specifically, the explicit order in the precautionary measures for Ms.
Afiuni to be transferred to a safer place was disregarded. Her situation worsened
after the public statements made on national TV, and she even received death
threats. The State has also failed to reply to different international bodies regarding
this situation.
4.
The Inter-American Commission’s request, based on Article 63(2) of the American
Convention and Article 27 of the Rules of Procedure, for the Court to require the State to:
a)
Adopt all measures necessary to guarantee the life and physical integrity of Judge María
de Lourdes Afiuni;
b)
Adopt all measures necessary to transfer her to a safe place;
c)
Adopt all measures necessary to provide adequate medical attention to the beneficiary in
specialized civilian facilities;
d)
Investigate the facts that support the request for provisional measures as a mechanism
to prevent any situation of risk to the life and personal integrity of María Lourdes Afiuni.
5.
The Secretariat’s note of December 1, 2010, whereby, based on Article 27(5) of the
Rules of Procedure of the Court and following the instructions of the President of the Court,
the State was requested to submit the observations and documentation deemed pertinent
with regard to the request for provisional measures made by the Commission by
Wednesday, December 8, 2010, at the latest. In this communication, the President
reminded the State that under Article 1(1) of the American Convention, States Parties have
the general obligation to respect the rights and freedoms recognized therein and to ensure
the full and free exercise of these rights to all persons under its jurisdiction, under all
circumstances. Specifically, the President reminded the State that it is in a special position
as protector of persons deprived of their liberty, given that prison authorities exercise total
control over them. Hence it is especially obligated to guarantee their rights.
6.
The brief of December 8, 2010, whereby the State answered the President’s request
for comments (supra Having Seen 5). The State referred broadly to a criminal proceeding
opened against the person to whose benefit the precautionary measure of preventive
detention was revoked by a ruling of the court of which Ms. Afiuni was a part. In addition,
with regard to this request, the State indicated that:
a) Several of Judge Afiuni’s actions in her capacity as judge were considered by the
Attorney General’s Office as punishable behavior under the Anti-Corruption Act, her
having performed “an arbitrary act in violation of her duty as a public employee
7