room where Ms. Afiuni was being examined, even though the exams were
gynecological in nature." It would seem that Ms. Afiuni was finally taken care of in a
specialized civilian hospital. Nevertheless, "the medical examination could not be
completed due to the presence of officials from the penitentiary and the National
Guard.”
e) Its concern over the lack of compliance by State authorities with the precautionary
measures that were ordered. The State did not respond to the requests for
information made by the Commission. Specifically, the explicit order for
precautionary measures transferring Ms. Afiuni to a safer place was not heeded. Her
situation has worsened due to the public statements made during the mandatory
national government broadcast, to the point where she has even received death
threats. Neither has the State responded to various international organizations with
regard to the situation.
4.
The Inter-American Commission's request, based on Article 63(2) of the American
Convention and Article 27 of the Rules of Procedure, that the Court require the State to
adopt the following measures:
a)
Take the measures necessary to guarantee the life and physical safety of Judge María de
Lourdes Afiuni;
b)
Take the measures necessary for her to be transferred to a safe place;
c)
Take the measures necessary to provide adequate medical attention to the beneficiary in
specialized civilian facilities;
d)
Launch an investigation into the facts motivating the request for provisional measures as a
mechanism for preventing any situation that puts the life and personal safety of María Lourdes Afiuni at
risk.
5.
The notes of the Secretariat dated December 1, 2010, which, based on Article 27(5)
of the Rules of Procedure of the Tribunal and following the instructions of the President of
the Court, asked the State to submit whatever comments and documentation it considered
pertinent with regard to the request for provisional measures made by the Commission. The
State was given until Wednesday, December 8, 2010, to do so. In that communication, the
President reminded the Illustrious State that, under Article 1(1) of the American
Convention, the general obligations of States Parties to respect the rights and liberties
enshrined in the Convention and to guarantee the free and full exercise for all individuals
subject to their jurisdiction are in effect at all times. In particular, the President recalled that
the State is in a special position to guarantee rights with regard to individuals deprived of
liberty due to the fact that penitentiary authorities exercise total control over those
individuals. For this reason, the State is especially obliged to guarantee their rights.
6.
The brief dated December 8, 2010, through which the State answered the President's
request for comments (supra Having Seen 5). The State made broad reference to a criminal
proceeding opened against the individual to whose favor the precautionary measure of
preventative prison was revoked through a ruling of the tribunal of which Ms. Afiuni formed
a part. Additionally, as concerns this request, the State expressed the following:
a) Various of Ms. Afiuni’s actions in her capacity as a judge were considered by the
Office of the Attorney General as conduct punishable under the Law against
Corruption for having constituted “an arbitrary action contrary to her duty as a
public servant [that] allowed and facilitated profits to the benefit of another
individual.” On January 26, 2010, two public prosecutors of the Office of the