by the Ombudsman’s Office in this regard. In addition, it indicated that Judge
Afiuni is housed away from the rest of the prison’s inmates in an “optimal
protection” area, with two guards posted specially at its door;
That Ms. Afiuni confirmed to the Attorney General’s Office her wish to not be
transferred to DISIP, and asked permission for three inmates to be allowed
into her cell to visit her and bring her food;
Regarding her right to access to her relatives and visitors, the State argued
that visits to Judge Afiuni Mora from her relatives and friends are not
restricted beyond what is set forth in the Oversight Regime applied to all
judicial confinement and penitentiary centers existing in any country in the
world. It added that Ms. Afiuni is the inmate who has received the greatest
number of special visits; and
That Judge Afiuni “did not move about the facility’s church, culture and sports
area” because she herself “expressed her wish to remain under the
PROTECTION of the maximum security area.”
b) In relation to operative paragraph three, different steps have been taken to the
benefit of Ms. Afiuni regarding her health. It presented a full list of these steps,
referring to the medical record or log of each visit or test; rulings of the court that
authorize transfers; the dates on which they were carried out; the medical
treatment; responses to the treatment; and the attitude of the beneficiary,4 as well
as the tests performed, if applicable;
c) That it ratifies in full its brief of December 8, 2010; and
d) that “the instant case is being processed before the United Nations’ International
System, which violates the international principle that a case can be presented
before both systems.” [sic]
9.
The brief of January 5, 2011, whereby Ligia Bolivar, Maria Daniela Rivero, Carlos
Ayala Corao and Jose Amalio Graterol Lafee, representatives of the beneficiary (hereinafter
the “representatives”), presented their comments on the State’s report (supra Having Seen
8) and pointed out, inter alia, that:
a) The State has not yet adopted the measures ordered by the Inter-American Court
and its report refers to measures that were adopted prior to the President’s Order;
b) Regarding the second operative paragraph:
The location where the beneficiary remains is not an area of “optimal
protection,” as the State indicated, but is instead an “admission” area.
Additionally, her cell is not private and she has no access to the external
hallway;
4
The State described the official document dated November 8, 2010, detailing Judge Afiuni’s transfer to Hospital
Padre Machado. It indicated that at the beginning of the visit, Ms. Afiuni became aware of the presence of a soldier
in the doctor’s office, to which she reacted with a “rude and arrogant” attitude. Consequently, as indicated by the
State’s pleading, it recommended that the Board of Conduct “not allow relatives or attorneys entry to the place
where the inmate is transferred so that the work for which we are appointed will not be hindered.”
10