A/HRC/42/30 Wathba prison, to be released on 17 March 2017, following the completion of his threeyear sentence. However, in March 2017 the Federal Supreme Court reportedly refused to release him and, requested by the Public Prosecution, transferred him to a counselling center (Munasaha) for guidance and reform. 106. In 2017, the court extended his placement in this center twice. In May 2018, seven special procedures mandate holders expressed serious concern over the continued arbitrary detention of Mr. Al-Najjar beyond the term of his sentence on the basis of broad and vague anti-terrorism legislation (ARE 1/2018).162 On 6 July 2018 the Government provided follow up information, noting that Mr. Al-Najjar is going therapy and treatment at a counselling centre called a Munasaha Centre which “consists of psychological, social and religious sessions to uproot terrorist and extremist ideologies” based on “concern that he might commit a terrorist offence after leaving the prison” and a “threat to public security.” In March 2019, it was reported that Mr. Al-Najjar was still being held in a counselling center despite having completed his sentence and treatment. 107. The case of Mr. Mohamad Ismat Mohamad Shaker Az was included in the 2018 report of the Secretary-General (A/HRC/39/41, Annex, para. 56 and 58) concerning his treatment following an Opinion issued by the Working Group on Arbitrary Detention who found his detention arbitrary (ARE 6/2017).163 Mr. Shaker Az was placed in solitary confinement on 2 July 2017 for two months allegedly in retaliation after the issuance of Opinion of the Working Group. It was further reported that the prosecutor would ask for an increased penalty, from 15 years to life imprisonment. On 6 July 2018 the Government provided information that Mr. Shaker Az is “currently serving his sentence of imprisonment at the Al Wathba penal institution, where he receives appropriate health care, and is permitted to communicate with his family in accordance with the regulations and procedures applicable to penal and correctional institutions.” 108. In May 2019, it was reported that Mr. Mohammed Shaker Az was allowed phone calls to his family on a monthly basis, but the last time they heard from him was on 14 February 2019. Concerns are reported that this might constitute further acts of reprisals for his engagement with the United Nations and that, while being denied access to his family, he might be subjected to acts of torture or other forms of ill-treatment. 28. Venezuela (Bolivarian Republic of) 109. The case of judge Ms. Maria Lourdes Afiuni was included in multiple reports of the Secretary-General since 2010 (A/HRC/14/19, paras 45–47; A/HRC/27/38, para. 46; A/HRC/30/29, para. 7; A/HRC/33/19, para. 45). On 23 March 2019, the Special Rapporteur on the independence of judges and lawyers issued a statement 164 on the ruling of the court in Caracas sentencing Judge Afiuni to five years imprisonment for corruption, which he noted with grave concern was another act of reprisal against her. Ms. Afiuni had been arrested and imprisoned in 2009 for deciding on the conditional release of businessman Mr. Eligio Cedeño in accordance with a decision of the UN Working Group on Arbitrary Detention (No. 10/2009). While in detention, she was reportedly subject to ill-treatment that could amount to torture, and refused medical treatment. Ms. Afiuni was held in prison for 14 months. In 2011, she was granted house arrest for health reasons, and two years later released under the conditions of not leaving the country or using social media. On 5 July 2019 it was noted by the High Commissioner for Human Rights that Ms. Afiuni was 162 163 164 GE.19-15332 Response from Government: https://spcommreports.ohchr.org/TMResultsBase/ DownLoadFile?gId=34161. Opinion No. 21/2017 adopted by the Working Group on Arbitrary Detention at its seventy-eighth session, concerning Mohamad Ismat Mohamad Shaker Az (United Arab Emirates), 19–28 April 2017. OHCHR, “Venezuela: UN expert condemns further sentence against Judge Afiuni, says clearly act of reprisal,” (23 March 2019). 67