2
its Spanish acronym), a penitentiary holding inmates who had been sentenced by
Judge Afiuni;
c) Ms. Afiuni’s defense attorneys asked the competent authorities to establish the
headquarters of the Directorate for Intelligence and Prevention Services (DISIP
according to its Spanish acronym) as her place of detention in order for guarantees
of her life and personal integrity to be provided.1The judge in charge of the
preceding against her did not heed that request. Rather, he upheld the current place
of detention, that being the INOF;
d) On December 15, 2009, the Commission received communication signed by Ligia
Bolívar Osuna, Jesús Ollavares, Carlos Nieto Palma, Héctor Faúndez Ledesma and
Sandy Guevara Ojeda (hereinafter "the petitioners"), providing information on the
facts and requesting the granting of precautionary measures. This communication
was registered by the Inter-American Commission under the number MC-380-09.
The petitioners argued that the motivation behind the facts described was to
persecute the judge for an autonomous ruling and that the facts constitute "a serious
threat to her life, her physical integrity, her freedom, and her personal safety."
Therefore, they asked the Commission for, among other things, the life and physical
integrity of Judge Afiuni to be guaranteed and for her to be kept separate from those
convicted, particularly those inmates who could have been imprisoned as a result of
one of her judicial rulings;
e) On December 17, 2009, the Commission asked the State to submit information
within 10 days on the relationship between the procedural situation of Ms. Afiuni and
the reason for the arrest, the result of Ms. Afiuni’s request to be transferred to the
DISIP, and the measures taken to prevent her from being subjected to reprisals from
other detainees in the INOF:
f) On December 28, 2009, the State informed the Commission of the following,
among other things:
That the proceeding with regard to the accusations against Judge Afiuni was
in the investigative phase and that the arrest had been ordered by the 50th
Lower Oversight Court of the Caracas Metropolitan Area Criminal Judicial Circuit;
That on December 21, 2009, the Attorney General had carried out an ex
officio visit to the INOF accompanied by a forensic doctor. The doctor did a series
of examinations on the judge that verified her good physical condition, and
That on December 21, 2009, the 13th Deputy Prosecutor confirmed that the
judge was "imprisoned and protected in a safe area of the aforementioned
penitentiary:”
g) On January 3, 2010, a group of inmates placed marking tape on their legs and
heads as a sign of "war" or "riot" and planned to "burn the judge alive," in reference
to Ms. Afiuni, along with three other detainees considered close to her. According to
the petitioners, this group of individuals had intended to pour gasoline in the area
where Ms. Afiuni was located and set it on fire. Judge Afiuni was transferred by the
authorities to the area occupied by the officials in charge of guarding the prison in
order to safeguard and preserve her life;
1
According to the representatives of Ms. Afiuni, in Venezuela, justice system officials who are provisionally
deprived of liberty are held in places other than penitentiaries in order to protect their lives and personal integrity
from possible reprisals from other inmates in whose proceedings they may have participated.