Amnesty International believes that the arrest of Judge María Lourdes Afiuni Mora on December 10, 2009, represents a serious case of political interference by the executive branch. Her detention violates the UN Basic Principles on the Independence of the Judiciary, adopted in 1985, which state that “[j]udges shall decide matters before them with impartiality…without any restriction and without influences, incentives, pressures, threats, or improper interference, whether direct or indirect, from any sector or for any reason.”
Judge Afiuni has been charged with “corruption, abuse of authority, aiding in evasion, and conspiracy.” Her arrest occurred just hours after she issued a conditional release order for banker Eligio Cedeño, a decision she was competent to make, aligning with Venezuelan laws that mandate no one can be detained awaiting trial for more than two years.
The conditional release order issued by Judge Afiuni in December 2009 was publicly condemned by President Hugo Chávez. A year later, the Attorney General’s Office reportedly had not presented any compelling evidence to support the charges against Judge Afiuni.
Amnesty International is deeply concerned about the implications this case could have on the willingness of judges in Venezuela to extend benefits and safeguards to all categories of defendants in accordance with the Venezuelan constitution and laws, as well as international treaties to which Venezuela is a party. The fear among judges regarding potential rejection of their decisions by the Executive and other authorities in the Venezuelan state, along with the possible repercussions, could hinder the realization of human rights for the population and the ability of defendants, victims, and families of potential human rights abuses to seek justice and reparations under clearly established norms.
The Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, and the Special Rapporteur on the situation of human rights defenders have insisted that “Judge Afiuni be released immediately and unconditionally” and that “[r]etaliatory actions for exercising constitutionally guaranteed functions and the creation of a climate of fear within the judiciary and among lawyers serve no purpose other than to undermine the rule of law and obstruct justice,” as stated by these UN bodies on December 16, 2009.
Moreover, Amnesty International is concerned that Judge Afiuni’s preventive detention in facilities with inmates she had convicted puts her at risk and constitutes a cruel, inhuman, and degrading punishment due to her prolonged fear of serious injury or death. This concern is based on constant threats and attempts against her physical integrity, which she has reported but apparently remain uninvestigated, as well as the generalized violence in the country’s prisons, which has led to repeated protective measures ordered by the Inter-American Commission on Human Rights.
Additionally, according to received information, Judge Afiuni suffers from various health issues requiring medication and medical attention, including gynecological and oncological tests; she has reportedly been denied access to adequate medical care on multiple occasions.
AMNESTY INTERNATIONAL CALLS ON VENEZUELAN AUTHORITIES TO:
Release Judge Afiuni and unequivocally and publicly ensure respect for the work of justice operators, committing to respecting and guaranteeing the independence of the judiciary.
Judge 31 of the Metropolitan Area of Caracas, María Lourdes Afiuni Mora, has been detained since December 10, 2009. Her arrest occurred hours after she ordered the conditional release of Eligio Cedeño, a banker accused of corruption who had been held awaiting trial for two years and ten months, in violation of Venezuelan law stating that preventive detention must not exceed two years. The judge decided on the freedom trial for Eligio Cedeño, imposing a travel ban, requiring bi-weekly court appearances, and retaining his passport. Reportedly, she considered the opinion of the UN Working Group on Arbitrary Detention, which stated on September 1, 2009, that Cedeño’s detention was arbitrary as the accused’s right to due process had been violated, particularly his right to be tried within a reasonable time or to be released. The Working Group based its decision on the prolonged stagnation of the trial without the Government justifying such delay and the “excessively long preventive detention.”
On the same day Judge Afiuni was arrested, Eligio Cedeño traveled to the United States, where he is currently free while awaiting a decision on his asylum application. On April 22, 2010, the Venezuelan government requested his extradition.
Judge Afiuni has been charged with “corruption, abuse of authority, aiding in evasion, and conspiracy,” charges that carry sentences of five to eight years in prison. The accusation against her was made on December 11, 2009, the same day President Hugo Chávez made the following comments during a radio and television program attended by the Attorney General: “Well, she’s in jail, and I demand harshness against that judge; I even told the President of the Supreme Court [Luisa Estela Morales]… and I say it to the National Assembly, it has to be made a law because it is much, much graver for a judge to release a thug than for the thug himself… there should be maximum punishment… I ask for thirty years in prison, for the dignity of the country.” He further insisted, “I ask that the full weight of the law be applied… I ask for maximum penalties for judges who engage in such nonsense… and they don’t belong in some office; they should be in prison.”
Up to this date, Judge Afiuni remains incarcerated at the National Institute of Female Orientation, Los Teques, Miranda State. Her defense has appealed the decision to keep her in prison awaiting trial on two occasions, both of which were denied.