of actions pending has no relation to the purpose of the provisional measures
procedure, and therefore should not be taken into consideration.
e) They requested, among other things, that the State be required to strictly comply
with the provisional measures, as well as to guarantee, with urgency, that the
actions of the Public Prosecutor’s Office and the Control Court related to this matter
adhere closely to strict compliance with the Court’s jurisdiction and its decisions.
10.
The brief of January 10, 2011, whereby the representatives presented information
additional to their January 5 brief indicating that Judge Afiuni’s health had worsened
since that January 6 and that her “skin was yellow and she has lost the use of her
legs. [She also] had a fever during the month of December” and suffered two
incidents of tachycardia and low blood pressure.
11.
The brief of January 10, 2011, where the Inter-American Commission presented its
observations on the State’s reports, and indicated that:
a) Although the State indicated that the beneficiary is in a location of “optimal
protection”, one can conclude from the documentation attached to its report that Ms.
Afiuni is in “the same location she was prior to the issue of the urgent measures,”
that is, in the admission area, which “does not mean any guarantee with regard to
the other prisoners.” It added that the special security measures adopted by the
State, such as locks on the area where she is held and the constant presence of two
guards “do not seem to be the most effective for protecting her life and integrity;”
b) In its capacity as guarantor of Judge Afiuni’s life and integrity due to her
deprivation of liberty, the State is obligated to “protect the beneficiary without this
implying improper restrictions with regard to her detention conditions, as this could
contribute to increasing the particular vulnerability she faces.” This comment comes
following an observation that the security measures put in place “have resulted in
her isolation and a series of daily restrictions at the penitentiary center.” It asked the
Court to assess the possibility of ordering the State to transfer Ms. Afiuni to a
detention center where this risk does not exist and where it is not necessary to
impose restrictions on the conditions of her detention;
c) Almost all of the information provided by the State regarding the third operative
paragraph corresponds to alleged proceedings and transfers prior to the President’s
Order, with the only updated information being that which refers to Ms. Afiuni’s
transfer to the Padre Machado Cancer Hospital for a medical evaluation.
Nevertheless, it stated that it does not have the information that would allow it to
verify whether the transfer was conducted and what the results were. Additionally,
the State did not explain “how it ensured compliance with the order to ensure that
the specialized doctors that attended the beneficiary were those of her choosing;”
and
d) One can note from the information submitted by the State that Judge Afiuni’s case
has been classified as one of “public controversy” in the update report prepared by
National Director of Penitentiary Services. This has resulted in the recommendation
of “strict measures.” In this regard, the Commission considered it relevant to have
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