4
l) The petitioners informed the Commission that there is a routine of taking Ms.
Afiuni out for walks at night. They expressed that starting in May 2010 she has been
taken out into the yard and from other cells the inmates had shouted “we are going
to spill your blood in this prison," “fucking bitch, it's because of people like you that
we are in here," and "night witch." According to a statement from Ms. Afiuni, at one
point "they pointed a gun at her" from a guard station during her walk. They added
that in May 2010, the director of the INOF had asked the prison inmates to sign a
letter promising not to attack the judge. This had caused tension given that some
inmates had refused to sign and others had asserted that this was privileged
treatment. Finally, they stated that several women supposedly convicted by Judge
Afiuni were located in the INOF;
m) In April 2010, the Director for the Protection of Fundamental Rights of the Office
of the Attorney General submitted the results of the examinations done on Ms. Afiuni
to the 50th criminal judge. The medical examination had concluded that Ms Afiuni’s
health was "satisfactory" and the psychiatric exam had determined that she suffered
from "mixed anxiety-depressive disorder,” for which reason it suggested
psychotherapeutic support and the continuation of pharmacological treatment. In the
psychiatric exam, Ms. Afiuni had presented with the following:
[that she is] under such psycho-terror… for four months in the cell… [there] in the prison
there are two gangs… the government and the prison population… and [she]
represent[s]… or better said [is] the government… and therefore responsible for them
being imprisoned here […] of course […] not all of them […] [she has] experienced
horrible events or situations… like for example… an inmate who stood at the door of her
cell […] shouting […] "I want to suck […] judge cunt […] finding an inmate in the room
when she comes out of the bathroom… hearing in the early morning hours the inmate
next door shouting for her to be beaten, for her to be stabbed […] for her to be
murdered […] they shout damn you, damn you, die...once several inmates found some
gasoline… that they were intending to throw into her cell… to burn her […] they put
notes under the door [...] saying that they're going to kill [her] […] that they're going to
rape [her] […] that they're going to burn [her] […]
n) The petitioners indicated to the Commission that in March 2010, Ms. Afiuni
became aware of two lumps close to her breast. Following several requests that she
not be examined at INOF facilities, on July 16, 2010, the Institute of Forensic
Medicine (hereinafter “IMF" in its Spanish acronym) confirmed the masses found by
Ms. Afiuni, as well as a series of scrapes on one leg. With regard to this, they allege
that the latter finding had not been reported by the INOF when Ms. Afiuni entered
that penitentiary;
o) A series of judicial requests were submitted requesting that Ms. Afiuni receive
treatment in a civilian hospital. However, the domestic tribunal found that the
Military Hospital was the proper place to carry out the medical examinations. She
was examined on July 23, 2010, with a mammography carried out on her. The
examination established "the presence of two masses." The Military Hospital took
more than a month to submit the results to the tribunal and, as of the moment the
petition for provisional measures was presented, had not provided treatment by a
trusted doctor, as evidenced by other illnesses that have presented during her
detention, including cystitis and allergies;
p) According to the petitioners, Ms. Afiuni is in a "maximum-security" cell lacking
minimum sanitary conditions; she has been denied access to a cell that meets the
minimum security and hygiene requirements (her cell measures 2m by 4m and has a