Maria Lourdes Afiuni

María Lourdes Afiuni Mora (born 8 June 1963) is a Venezuelan judge. She was head of the 31st Control Court of Caracas before she was arrested in 2009 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. Reuters said Afiuni is "considered by opponents and jurists as one of the most emblematic political prisoners" in Venezuela, because Chávez called for her to be imprisoned. She was sentenced for corruption, although no alleged amounts involved were specified; In July 2019, the United Nations High Commissioner for Human Rights, Michelle Bachelet, announced that the Venezuelan government had released Afiuni, along with journalist Braulio Jatar and 20 detained students. Afiuni's brother and Jatar denounced that they had not received an official statement from Venezuelan judiciary.

Arrest Judge Afiuni was arrested by intelligence officers after ordering the conditional release 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; an allegation she denies. Cedeño had been held in pre-trial detention for three years, although Venezuelan law prescribes a two-year maximum. 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 ..."

In January 2010, the prosecution filed official charges against Afiuni for alleged irregularities in the release of Eligio Cedeño.

A hearing on Afiuni's case had been postponed several times as of April 2010.

Afiuni denounced physical abuse and that she was sexually assaulted during her detention. According to her attorney she became pregnant and had an abortion after being raped while in prison. The Caracas Bar Association asserts that the judge's decision to free Cedeño was legal, while the government says it was improper to release him without prosecutors present at the hearing.

Several international groups have expressed concern about the arrest of Judge Afiuni. In December 2009, three independent human rights experts of the United Nations' (UN) Working Group on Arbitrary Detention called for Judge Afiuni's immediate and unconditional release; they said, "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". Other groups speaking out against the government's arrest of Judge Afiuni include the Episcopal Conference of Venezuela, Human Rights Watch, and the Law Society of England and Wales. A director of Human Rights Watch said, "Once again the Chávez government has demonstrated its fundamental disregard for the principle of judicial independence."

On 8 July 2010, the European Parliament stated that it "Condemns the public statements made by the President of the Republic of Venezuela, insulting and denigrating the judge, demanding a maximum sentence and requesting a modification of the law to enable a more severe penalty to be imposed; considers that these statements are aggravating the circumstances of her detention and constitute an attack on the independence of the judiciary by the President of a nation, who should be its first guarantor."

In July 2011, Noam Chomsky—who according to The Observer "Chávez has long considered ... one of his best friends in the west" Chomsky stated, "I am convinced that she must be set free, not only due to her physical and psychological health conditions, but in conformance with the human dignity the Bolivarian revolution presents as a goal. In times of worldwide cries for freedom, the detention of María Lourdes Afiuni stands out as a glaring exception that should be remedied quickly, for the sake of justice and human rights generally and for affirming an honourable role for Venezuela in these struggles."

Second detention In March 2019, she was sentenced to five years in prison. She was sentenced for corruption, although no alleged amounts involved were specified; the actual sentence was for "spiritual corruption". In July 2019, the United Nations High Commissioner for Human Rights, Michelle Bachelet, announced that Venezuelan government released Afiuni alongside journalist Braulio Jatar and 20 detained students. Afiuni's brother and Jatar denounced that they had not received an official statement from Venezuelan judiciary.