A/HRC/33/19
not subject to appeal, and was sentenced to three years in prison (see A/HRC/31/55/Add.1,
para. 563). He reiterated that international law provides for a right to unhindered access to
and communication with international bodies on matters of human rights and fundamental
freedoms (ibid.).
7.
Bolivarian Republic of Venezuela
45.
Reference has been made in each of my previous reports since 2010 to the case of
Judge María Lourdes Afiuni Mora, who had become the subject of reprisals in the form of
arbitrary detention when she ordered the conditional release of Eligio Cedeño, after the
Working Group on Arbitrary Detention, in its opinion No. 10/2009, had considered his
detention arbitrary (see A/HRC/14/19, paras. 45-47, A/HRC/18/19, paras. 87-90,
A/HRC/21/18, paras. 68-69, A/HRC/24/29 and Corr.1, paras. 46-48, A/HRC/27/38,
para. 46, and A/HRC/30/29, annex, para. 7). In its concluding observations on the fourth
periodic report of the Bolivarian Republic of Venezuela, the Human Rights Committee
expressed particular concern over her situation, including at claims that she was subjected
to ill-treatment and sexual assault during her detention and that those claims were not
promptly investigated (see CCPR/C/VEN/CO/4, para. 15). The High Commissioner, in his
statement of 12 November 2015 at the special meeting of the Human Rights Council on the
occasion of the visit of the President of the Bolivarian Republic of Venezuela, also referred
to the case of Judge Afiuni and urged the Bolivarian Republic of Venezuela to comply with
the recommendations of the international human rights bodies.10 The Working Group on
Arbitrary Detention, in its 2015 annual report, also reiterated its concern over the continued
detention under house arrest of Judge Afiuni and again called upon the Government to
release her immediately and provide her with effective and adequate reparations (see
A/HRC/33/50, para. 22).
V. Conclusions and recommendations
46.
Continuing intimidation and reprisals against individuals and groups who seek
to cooperate, are cooperating or have cooperated with the United Nations, its
representatives and mechanisms in the field of human rights remain of grave concern.
Every such act chips away a small piece of the work accomplished by the United
Nations in the field of human rights. Such acts not only devastate the lives of the
individuals concerned, and their families, but also have a deterrent effect that may
undermine future cooperation.
47.
The cases included in the present and in previous reports show that acts of
intimidation and reprisal continue to range from harassment, intimidation, arbitrary
arrest and detention, including incommunicado and solitary confinement, travel bans,
charges and sentencing, sometimes to lengthy prison terms, acts of torture and other
forms of cruel, inhuman or degrading treatment, including physical attacks and
sexual abuse, denial of access to medical attention in detention, to, in extreme cases,
death.
48.
Patterns emerging from those cases seem to indicate that, if initial warning
signs are ignored, acts of intimidation and reprisal are likely to become more severe
over time, not only targeting individuals or groups engaging with the United Nations
in the field of human rights directly, but also their families, legal representation,
organizations and anyone else linked to them. For that reason I reiterate that all such
10
OHCHR, “Statement by the High Commissioner at the special meeting of the Human Rights Council
on the occasion of the visit of the President of the Bolivarian Republic of Venezuela”.
15