6
The judge's attorneys submitted several requests for her to be treated by her
trusted doctor. On July 7 and 8, 2010, the presiding judge responded that the
military hospital is capable of making all oncological examinations and "prisoners
must be evaluated by State institutions." On July 20, 2010, Judge Afiuni’s
attorney asked that she be transferred to a specialized medical center, a request
that was rejected the following day. This request was repeated on August 31,
October 8, and November 3, 2010, without response; and
On September 8, 2010, Ms. Afiuni submitted a complaint on "the absence of a
ruling" with regard to her urgent request to be transferred to a medical center.
On November 5, 2010, the petitioners pleaded before the judge that the Padre
Pachado oncological Hospital “does not have the equipment to carry out the
corresponding necessary treatment.”
t) On November 27, 2010, Judge Afiuni was, according to the petitioners, attacked
with knives by two inmates, one of who said it was “Afiuni’s fault” she was
imprisoned. They told her that "she [did] not deserve to be imprisoned with them,
but rather to be dead." According to the information received, there were no guards
present, as on Saturdays "the prison turns into […] no man's land." Likewise, the
petitioners reported that "although the door to the entrance of the hall where judge
Afiuni’s cell is located is protected by several padlocks, on that day - inexplicably but
coincidentally - the padlocks were open.”
3.
The Commission’s arguments on which it based its request for provisional measures,
which stated as follows:
a) Despite having received several verbal and physical threats to her life and safety,
and despite her defense attorneys having requested on several occasions that she be
transferred - also as ordered by the Commission through precautionary measures Judge Afiuni remains held in the INOF together with inmates she convicted in her
capacity as a judge and with "violent" inmates who consider her a symbol of the
institution that has restricted their liberty. In this sense, "the physical integrity and
life of Ms. Afiuni are facing a situation" of extreme gravity and urgency and are at
grave risk of suffering irreparable damage. As has been reported, on several
occasions, other inmates have physically and verbally threatened to kill her and
sexually assault her;
b) Ms. Afiuni is in an “overflow” area of the prison that contains inmates with different
procedural statuses and varying degrees of dangerousness. Added to this, the State
itself has tried to make the inmates sign a pact promising not to attack Judge Afiuni a pact that was rejected - demonstrating the situation of gravity and urgency that
she faces. Furthermore, her situation of lack of safety has gotten worse following
statement made during a mandatory nationwide government broadcast, for which
reason she is currently under threat of having her private parts “searched," as well
as of having the entire INOF prison population turned against her;
c) The poor detention and health conditions Ms. Afiuni faces. Added to that, the inmates
who interact with Judge Afiuni are being threatened. Furthermore, visitations to Ms.
Afiuni are limited and controlled by State agents, preventing her own attorneys from
having continuous access, all without any justification;
d) Despite several requests made by her defense team to allow her to be visited by a
civilian doctor, the judges have ordered her to be transferred to forensic and military
facilities. During the medical visits, "penitentiary personnel have remained in the