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Maria Lourdes Afiuni


Judge María Lourdes Afiuni Mora is a Venezuelan who was 46 years old as of April 2010 and had served as a judge for eight years; she was head of the 31st Control Court of Caracas. In 2009 she was arrested on charges of corruption after ordering the conditional release on bail of businessman Eligio Cedeño, who then fled the country. She was moved to house arrest in Caracas in February 2011, and granted parole in June 2013, but she is still barred from practicing law, leaving the country, or using her bank account or social networks.

Human rights groups accused the late Venezuelan President Hugo Chávez of creating a climate of fear that threatens the independence of the judiciary.

Judge Afiuni was arrested by intelligence officers after ordering the conditional release on December 10 of businessman Eligio Cedeño pending his trial for evading currency controls. According to the United Nations, she was "charged with corruption, accessory to an escape, criminal conspiracy and abuse of power", and was "denied a public defender". A "pro-Chavez congressman" stated that a bribe was paid to Afiuni; she denies the charge.

Afiuni said she was following United Nations' guidance when she released Cedeño, who had been detained longer than the time allowed under Venezuelan law. Cedeño had been held in pre-trial detention for three years, although Venezuelan law prescribes a two-year maximum. The pretrial detention process had been repeatedly delayed because prosecutors failed to appear at hearings. According to Venezuela's attorney general, Luisa Ortega Diaz, the release on bail was determined at a hearing without prosecutors present. Cedeño states that "my trial was improperly suspended in 2008, when a jury was poised to acquit me after a trial which lasted more than two months", and that Afiuni's decision was rendered "in the presence of two representatives from the Attorney General's Office". He also says, "In light of the opinion of the U.N. Working Group, and given the unexcused absence of the prosecutors and the lack of objection by the other government representatives who were present, Control Judge Afiuni granted my conditional release ..."

María Lourdes Afiuni was incarcerated on 17 December 2009 at the National Institute of Feminine Orientation (INOF), a women's prison on the outskirts of Caracas; her cell is close to convicts whom she sentenced to jail, and she reports she has been threatened. Responding to concerns that Lourdes Afiuni's life was in danger, Venezuelan authorities reported on 29 December that she was being held separately from the general prison population.


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