A/HRC/18/19
and lawyers has given from the beginning to the case of the former Judge Maria Luisa
Afiuni Mora, who is standing trial on charges of corruption and for favouring the escape of
a banker now a fugitive from justice”. According to the Government, “Ms. Afiuni
disobeyed the sentence of the Supreme Court, which confirmed the judgement of the
banker in detention and also incurred in a serious omission of the legal proceeding in order
to facilitate the escape of the banker”. The Government is of the opinion that, in the
addendum to her report, the Special Rapporteur “echoes her concern for what she considers
increasing criticism or attacks against the independence of lawyers in Venezuela without
substantiating this”. According to the Government, Ms. Afiuni mentions “sectors of the
Latin American judiciary which point to an alleged “Afiuni effect” and refer to fear or even
terror among judges without providing more details”. The Government of Venezuela
(Bolivarian Republic of) is of the opinion that “all these are mere speculations, which lack
legal rigour and are the result of an intense media campaign of international powerful
interests against the administration of justice in Venezuela”. In her response during the
interactive dialogue, the Special Rapporteur reiterated her concern at the detention of Judge
Afiuni and asked that she be freed.
90.
The Government highlighted to the Special Rapporteur on extrajudicial, summary or
arbitrary executions the serious contradictions regarding the reference to the case of Judge
Afiuni and her conditions of detention. The Government also reported that Ms. Afiuni was
currently under house arrest for the duration of the treatment of an illness reportedly
unrelated to her detention.
9.
Yemen
91.
With regard to the case of Amal Basha, the Chairperson of the non-governmental
organization Sisters’ Arab Forum for Human Rights referred to in my previous report,40 the
Committee against Torture, in its concluding observations on Yemen,41 expressed its
serious concern at information of threats against, and intimidation and harassment of,
members of the organization, which had coordinated an alternative joint submission to the
Committee and also briefed the latter during its session. The Committee was also concerned
that such threats and intimidation might be related to the peaceful activities of the
organization in promoting and protecting human rights, and in particular with monitoring
and documenting cases of torture. The Committee deeply regretted the fact that the State
party had not replied to the letter sent by the Committee Chairperson on 3 December 2009,
in which the attention of the State party was drawn to this issue. The Committee then
reiterated its request to the State party, as a matter of urgency, to provide information on the
measures taken to implement, especially with regard to members of the Sisters’ Arab
Forum for Human Rights, articles 12, 13 and 16 of the Convention against Torture and
paragraph 20 of the Committee’s final concluding observations.
92.
At the time of completion of the present report, no reply had been received from the
Government of Yemen.
III.
Conclusions and recommendations
93.
As illustrated by the cases contained in the present report, intimidation and
reprisals against those cooperating with the United Nations, its mechanisms and
representatives in the field of human rights continue to be reported. This worrying
phenomenon encompasses a wide range of manifestations, such as threats and
40
41
16
A/HRC/14/19, paras. 48-21.
CAT/C/YEM/CO/2/Rev.1, para. 32.
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