ORDER OF THE PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
DECEMBER 10, 2010
REQUEST FOR PROVISIONAL MEASURES PRESENTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REGARDING VENEZUELA
MATTER OF MARÍA LOURDES AFIUNI
HAVING SEEN:
1.
The brief by the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission” or “the Commission”) dated November 30, 2010, and its
annexes submitting a request to the Inter-American Court of Human Rights (hereinafter
“the Inter-American Court” or “the Court”) for provisional measures under Article 63(2) of
the American Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”) and Article 27 of the Rules of Procedure of the Court (hereinafter "the Rules of
Procedure"), requesting that the Bolivarian Republic of Venezuela (hereinafter "the State" or
"Venezuela") protect the life and personal integrity of Ms. María Lourdes Afiuni. During the
140th Period of Sessions of the Commission, the petitioners ask that this situation be
brought before the jurisdiction of the Inter-American Court, pointing to the situation of risk
faced by Ms. Afiuni. Thus, through communication dated October 24, 2010, the petitioners
presented information on Judge Afiuni’s health situation and the allegedly deficient
conditions of her detention. They also reiterated the information on the risks she faces due
to threats from other individuals deprived of liberty whom the judge had presumably sent to
prison in the exercise of her duties.
2.
The background information presented by the Commission with its request for
provisional measures, to wit:
a) In December 2009, Ms. María Lourdes Afiuni was serving in her position as judge
with the 31st Lower Oversight Court of the Caracas Metropolitan Area Judicial
Criminal Circuit. On December 11, 2009, Judge Afiuni was accused of the crimes of
corruption, abuse of authority, facilitation of escape, and criminal conspiracy
following her order, issued while a judge with that tribunal, of provisional freedom
for an individual who had been under preventative detention for more than two and
a half years. She issued that order on the day prior to the accusation against her.
That same day, the President of Venezuela publicly referred to judge Afiuni as a
"bandit" and requested her imprisonment and conviction;
b) On December 12, 2009, upon presentation of a request from the prosecutor
against the judge, she was ordered to be placed under preventative detention and
held in the National Institute for Female Corrections (hereinafter "INOF" according to