As our old friend and colleague from UN, Ambassador Diego Arria campaigns in Venezuela to be elected as President over longtime strongman Hugo Chavez, Venezuela's current regime has again regressed in terms of the rule of law and human rights. The Office of the High Commissioner for Human Rights has released a Statement from 3 independent UN experts on December 27, 2011 expressed their deep shock and concern at new and alarming developments in the continued detention and case of a Venezuelan judge, Maria Lourdes Afiuni Mora. “We are very concerned by the extension of the measure of preventative detention issued against Judge Afiuni Mora.” See our 3 part Interview with Ambassador Diego Arria at: - diplomaticallyincorrect.org/films/movie/diego-arriavenezuela-bosnia-part-1/22846


Already Deemed as "Arbitrary Detention":

On 13 December 2011, another Venezuelan judge granted the request of the Public Prosecutor to extend the measure of house arrest against Judge Afiuni by two more years. The UN Experts had already in 2010 reviewed and declared judge Afiuni's detentions "arbitrary." “It is unbelievable that the arbitrary detention of Judge Afiuni continues to be extended and it is imperative that she is released immediately. Furthermore, it is unclear what would in this case be the “serious grounds” which, in conformity with Venezuela law, must be present in order for a measure of personal coercion of this kind to be extended,” stated Mr. El Hadji Malick Sow, Chair-Rapporteur of the Working Group on Arbitrary Detention, which issued an opinion in 2010 declaring Judge Afiuni Mora’s detention arbitrary. Below is copy of December 16, 2009 UN News Centre Story regarding the arrest of Judge Afiuni Mora by Hugo Chavez's regime.


“Honestly, it is becoming increasingly difficult to understand what Judge Afiuni is living through. The substitutive preventive measure of house arrest imposed a few months ago seemed to be a positive step. However, this latest decision represents an unacceptable worsening of her situation, particularly in light of her delicate physical and mental state,” said the Special Rapporteur on Torture, Mr. Juan Méndez.


Non-Transparent Processes:

Judge Afiuni, who has already been the subject of various appeals by United Nations experts, has been deprived of her liberty since 10 December 2009, when she was detained for ordering the release of Mr. Eligio Cedeño, in accordance with a decision by the UN Working Group on Arbitrary Detention. “It is significant that the decision to extend the detention of Judge Afiuni was made - in the absence of the parties - by a judge who has been challenged by Judge Afiuni and her lawyers several times for his alleged lack of impartiality,” observed Ms. Gabriela Knaul, Special Rapporteur on the Independence of Judges and Lawyers. “As the on-going detention of Judge Afiuni shows, the independence of the judiciary is severely compromised in Venezuela. Judicial actors fear the same fate as Judge Afiuni if they dare to act against governmental interests,” concluded the Rapporteur.


See Film Report on how UN Human Rights Body functions and role of the independent UN Human Rights Experts - diplomaticallyincorrect.org/films/movie/human-rights-treaty-body/29462. The UN Experts are: Chair-Rapporteur of the Working Group on Arbitrary Detention, Mr. El Hadji Malick Sow; Special Rapporteur on the independence of judges and lawyers, Ms. Gabriela Knaul; and Special Rapporteur on torture and other forms of cruel, inhuman, degrading treatment or punishment, Mr. Juan Méndez.


By Ambassador Muhamed Sacirbey

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From December 16, 2009 - UN News Centre:

Venezuelan leader violates independence of judiciary – UN rights experts

Decrying what they termed “a blow by President Hugo Chávez to the independence of judges and lawyers in the country,” three independent United Nations human rights experts today called for the immediate release of a Venezuelan judge arrested after ordering the conditional release of a prisoner held for almost three years without trial.

Judge María Lourdes Afiuni was arrested by intelligence police officers after ordering the conditional release pending trial of Eligio Cedeño, whose detention was declared arbitrary in September by the UN Working Group on Arbitrary Detention, which cited violations of the right to fair trial. His counsel introduced the experts’ opinion before Judge Afiuni earlier this month.

“We are particularly troubled about allegations that President Hugo Chávez attacked both Mr. Cedeño and Judge Afiuni, calling them ‘bandidos’ [bandits] and accusing Judge Afiuni of corruption,” the UN experts said in a statement issued in Geneva, where they report to the UN Council on Human Rights.

In an appearance before Government officials, broadcast on national television and radio, Mr. Chávez demanded that Judge Afiuni be sentenced to a 30-year prison term, even if new legislation was required to achieve that result, and he instructed the Attorney General and the President of the Supreme Court to punish her as severely as possible to prevent similar actions by other judges.

He also suggested that Mr. Cedeño’s defence attorneys had engaged in criminal conduct in requesting his release. Attorney General Luisa Ortega Díaz is reported to have given interviews to the press slandering the Judge. Two court bailiffs accompanying Mr. Cedeño out of the court room, and one of his lawyers were also briefly arrested, but soon released.

“Reprisals for exercising their constitutionally guaranteed functions and creating a climate of fear among the judiciary and lawyers’ profession serve no purpose except to undermine the rule of law and obstruct justice,” the experts said. “The immediate and unconditional release of Judge Afiuni is imperative.”

Judge Afiuni is said to have been charged with corruption, accessory to an escape, criminal conspiracy and abuse of power. She has been denied a public defender. It is also feared that Mr. Cedeño’s Venezuelan defence lawyers are under imminent threat of arrest. In November, another judge was reportedly removed from the court of appeals and demoted after determining that Mr. Cedeño’s pre-trial detention had exceeded statutory limits.

The three experts are: Chairperson-Rapporteur of the Working Group on Arbitrary Detention El Hadji Malick Sow; Special Rapporteur on the independence of judges and lawyers Gabriela Carina Knaul de Albuquerque e Silva; and Special Rapporteur on the situation of human rights defenders Margaret Sekaggya.