f)
The State reported on the steps taken by the Ombudsman’s Office in this matter in
December of 2009 and January of 2010, as well as on this entity’s participation in
the change of cell, which in the end did not take place. In addition, the National
Directorate of Penitentiary Services (DNSP according to its Spanish acronym)
reported in January of 2010 on Ms. Afiuni’s first request for a change of cell, in
which it approved her relocation to a maximum security cell and it agreed to
transfer inmates with negative behavior reports or who have insulted judge Afiuni
from the INOF to other prisons; and
g) The State confirmed that it is taking the measures necessary to protect the right to
life, health and physical integrity of Ms. Afiuni. It therefore asked the Court to
declare “the provisional measures requested [to her benefit] inadmissible” because
she is not in a situation of extreme gravity or urgency or at risk of suffering
irreparable damage.
7.
The Order of the President of the Court of December 10, 2010, (hereinafter “the
President’s Order”) whereby he ruled to:
1.
Require the State to adopt, immediately, the measures necessary to guarantee the life
and physical, psychiatric, and moral integrity of Ms. María Lourdes Afiuni.
2.
Require the State to adopt the measures necessary for Ms. Afiuni to be located in a
place of detention that is adequate to her specific circumstances in light of the position she held
as a criminal judge, particularly through granting full guarantees of security while not affecting
her right to gain access to relatives and visitors, her attorneys, and the doctors who come
examine her, under the terms of Considering clause 12.
3.
In the event that Ms. Afiuni needs specialized medical attention and without prejudice to
the care that can be provided by doctors who form part of State institutions, require the State to
make the necessary provisions for Ms. Afiuni to be attended to by doctors of her choosing.
4.
Require the State to report to the Inter-American Court no later than December 20,
2010, with regard to the order found in the first operative paragraph of this Order.
5.
Require the representatives of the beneficiary and the Inter-American Commission to
present, within one week, any comments that they deem pertinent on the report mentioned in
the second operative paragraph of this resolution.
6.
Require, likewise, that the State inform the Inter-American Court of Human Rights every
two months, beginning on December 20, 2010, of the provisional measures adopted in keeping
with this decision.
7.
Request that the representatives of the beneficiary and the Inter-American Commission
on Human Rights present their comments within four and six weeks, respectively, counting from
notification of the State reports indicated in operative paragraph [six].
8.
The State’s report of December 21, 2010 regarding the implementation of urgent
measures, in which it indicated:
a) In relation to operative paragraph two:
That the space in which Ms. Afiuni is held at the INOF “meets the minimum
internal security, hygiene and comfort standards established by international
human rights standards,” as has been confirmed in the inspections performed
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