Amnesty Appeal for Action: Concern for health of judge

[naaman fletcher]

Judge María Lourdes Afiuni Mora (f) was arrested on 10 December 2009 and is currently awaiting trial. Amnesty International has been informed by sources closed to the Judge that she also suffers from various health problems that require urgent medical care. Judge Afiuni is being held in custody in a facility with prisoners she convicted and sentenced. She has received threats from inmates but no investigations have been launched. Failure by the authorities to protect her from harm amounts to cruel, inhuman and degrading treatment.


Judge Afiuni has been charged with “ordinary corruption (corrupción propia), abuse of authority, aiding escape and criminal association”. She was arrested hours after having ordered the conditional release of banker Eligio Cedeño, a decision which was reportedly within her power and consistent with Venezuelan law which states that nobody shall be held in custody awaiting trial for more than two years. The conditional release order issued by the Judge in December 2009 was publicly condemned by President Hugo Chávez. One year on, the Attorney-General’s Office has not made public any reliable evidence to substantiate the charges against Judge Afiuni. Amnesty International believes that the arrest of Judge María Lourdes Afiuni Mora on 10 December 2009 resulted from undue political interference on the part of the executive.


According to reports, Judge Afiuni has two tumours in her breasts. She also has a gynaecological problem which is causing her to have heavy haemorrhaging since November 2010,but doctors have not being able to conclude the medical tests necessary to prescribe adequate treatment. In January 2011 she has also had several episodes of tachycardia for which she as not received adequate treatment. Her family have raised concerns that her condition appears to be deteriorating and she is very pale due to the fact that she has only once been permitted to be in the prison’s yard since her imprisonment. She is reported to have lost 15 kg, and to suffer from sleep disturbances, fatigue and weak motor skills.


Treatment has been delayed or even ignored by the authorities and test results have been withheld from her. When medical care was finally arranged, according to reports, the offer was conditional on her being treated in a military hospital, which is against her wishes. On 13 January, however, Judge Afiuni was transferred to a civilian hospital for a cardiology appointment. However, the prison delayed the transfer for three hours, so there was no longer a cardiologist present to carry out necessary diagnostic tests.

http://www.amnesty.org/en/library/asset/AMR53/001/2011/en/d91ba9cd-e875-4878-9323-155e41615d21/amr530012011en.html