ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MARCH 2, 2011
PROVISIONAL MEASURES
REGARDING VENEZUELA
MATTER OF MARÍA LOURDES AFIUNI
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission” or “the Commission”) of November 30, 2010, and appendixes,
whereby it submitted a request for provisional measures to the Inter-American Court of
Human Rights (hereinafter “the Inter-American Court,” “the Court” or “the Tribunal”),
pursuant to 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”), for the Bolivarian Republic of Venezuela
(hereinafter “the State” or “Venezuela”) to protect the life and personal integrity of Ms.
María Lourdes Afiuni (hereinafter “Judge Afiuni”, “Ms. Afiuni” or “the beneficiary”). During
the Commission’s 140th period of sessions, the representatives asked that the situation be
elevated to the jurisdiction of the Inter-American Court, pointing to Ms. Afiuni’s situation of
potential risk. Thus, in a communication dated October 24, 2010, the petitioners submitted
information on the health of Judge Afiuni and the alleged deficient detention conditions and
reiterated the information on risk due to threats from other inmates whom the judge
presumably convicted during the exercise of her functions.
2.
The background presented by the Commission related with the request for
provisional measures, namely:
a) In December 2009 Ms. Afiuni was, in her position as Judge, in charge, of the 31st
Court of First Instance of Control Functions of the Criminal Judicial Circuit of the
Metropolitan Area of Caracas. On December 11, 2009, Judge Afiuni was charged with
the crimes of corruption, abuse of authority, complicity in a prison escape and
conspiracy to commit crime based on the fact that as the judge of that court, she