[that] allowed and facilitated a benefit for another party.” On January 26, 2010,
two public prosecutors with the Attorney General’s Office brought charges before
the 50th Court of First Instance of Control Functions of the Criminal Judicial Circuit
of the Metropolitan Area of Caracas against Ms. Afiuni for the alleged crimes of
“corruption, abuse of authority and complicity in a prison escape, as established in
Articles 62 and 67 of the Anti-Corruption Act and 264 of the Criminal Code.”
Following the preliminary hearing, on May 17, 2010, the court fully admitted the
accusation and ordered oral and public proceedings to begin in September of 2010,
although that has been delayed due to the actions of the accused;
b) With regard to the precautionary measures ordered by the Commission, the State
indicated that it has answered the Inter-American Commission’s requests for
information. In this regard, the Attorney General’s Office has carried out several
measures to protect Ms. Afiuni’s right to life, health and physical integrity. On April
8, 2010, Enrique Arrieta, an attorney with the Attorney General’s Office, went to
the INOF with a medical examiner to perform a legal medical examination (supra
Having Seen 2.m), which concluded that the general health of the patient was
satisfactory. The attorney responsible verified that the inmate under consideration
was in an “admission” area, in a well-ventilated cell, with sufficient natural and
artificial lighting, a bathroom with a toilet, shower, and sink, a TV and DVD, and
that since the date of her detention she has regularly received visits from her
relatives, friends, and defense counsel;
c) Regarding the alleged fire on February 23, 2010, the State clarified that it was “an
attempted arson” that was controlled by the authorities. Regarding another fire
alleged to have taken place three days later, the State indicated that according to
the authorities, “it was only a rumor;”
d) Ms. Afiuni has received medical, psychological and psychiatric evaluations both
from doctors with the Ministry of the People’s Power for Domestic Relations and
Justice and from medical examiners of the Scientific, Criminal and Criminology
Investigations Corps and military hospital specialist “Dr. Carlos Arvelo.” The
results of the March 12 examination indicate that she has “an anxiety and
depression syndrome” that does not affect her fitness for trial. However, specialists
recommended psychological therapy, which she has received along with the
pharmaceutical treatment indicated. Since she entered the prison, State
institutions have provided the comprehensive care and medical attention required
by domestic laws and international treaties;
e) Regarding the claim that access to defense counsel, next of kin and friends in the
INOF has been prohibited or limited, the State indicated that Ms. Afiuni has
received more ordinary and extraordinary visits than the other inmates, and the
government attorney in charge has addressed each of the requests she has
submitted. Neither is it true that she has not been able to exercise freedom of
religion and recreation, as “she has received visits from several church authorities.”
It emphasized that “the only prohibition or limitation on the inmate’s moving to
other areas of the [penitentiary] is due to her expressed wishes to remain in a
maximum security area.” In order to protect her rights, since the day of her
confinement, the Attorney General’s Office has coordinated “regular visits” that
consist of inspections by the aforementioned attorney;
8