8
Attorney General brought charges against Ms. Afiuni before the 50th Lower
Oversight Court of the Caracas Metropolitan Area Judicial Criminal Circuit for the
alleged commission of crimes "of corruption, abuse of authority, and facilitation of
the escape of the prisoner provided for in articles 62 and 67 of the Law against
Corruption and 264 of the Criminal Code." After holding the preliminary hearing, on
May 17, 2010, the judge admitted the accusation in its entirety and ordered that
an oral and public trial be opened in September 2010, although it has been
postponed due to actions brought by the accused;
b) Regarding the precautionary measures ordered by the Commission, the State
indicated that it has provided a response to the Inter-American Commission when
asked for information. In this regard, the Office of the Attorney General has taken
several measures toward safeguarding Ms. Afiuni’s right to life, health, and physical
safety. Thus, on April 8, 2010, a public prosecutor from the Office of the Attorney
General, attorney Enrique Arrieta, went to the INOF accompanied by a forensic
doctor to carry out a legal medical exam (supra Having Seen 2(m)). The exam
concluded that the patient's general health was satisfactory. The prosecutor tasked
with the visit confirmed that the inmate in question is located in an area called the
"admission" area. The cell has good ventilation, sufficient natural and artificial light,
a bathroom including a toilet, shower, and sink, and a television and DVD player,
and that, since the day she was first imprisoned, she has regularly received visits
from relatives, friends, and defense attorneys;
c) Regarding the supposed fire that took place on February 23, 2010, the State
clarified that it was "an arson attempt" that was brought under control by the
authorities. Regarding the other supposed fire that allegedly took place three days
later, the State indicated that according to the authorities "this was only a rumor;"
d) Ms. Afiuni has received medical, psychological, and psychiatric evaluations from
both doctors registered with the Ministry of the People's Power for Domestic
Relations and Justice and forensic doctors with the Scientific, Criminal, and
Forensic Investigative Corps, as well as from specialists of the Dr. Carlos Arvelo
Military Hospital. The results of the examination on March 12 indicate that she
presents with "a syndrome of anxiety and depression” that does not affect her
competence
to
stand
trial.
However,
the
specialists
recommended
psychotherapeutic support, support that has been provided to her together with
the above-indicated pharmacological treatment. Since her entry into the
penitentiary, the institutions of the State have provided the full range of assistance
and medical care required by domestic law and international treaties;
e) Regarding the allegation on the supposed prohibition or limitation of access to her
defense team, relatives, and friends in the INOF, the State indicated that Ms. Afiuni
has received more ordinary and special visitations in comparison with the other
inmates, and that the prosecutor in charge has attended to each of the requests
submitted by her. Neither is it true that she has not been able to exercise her
freedom of religion and recreation as "she has received visitations from a number
of church authorities." Therefore, "her wish to remain in a maximum-security area
constitutes the only impediment faced by the inmate to her movement about other
areas of the [penitentiary]." Toward safeguarding her rights, since the day of her
internment the Office of the Attorney General has coordinated "regular visits,”
those being the acts of inspection carried out by the aforementioned prosecutor;