CARACAS, Saturday December 08, 2012 | Update

Afiuni, violated by Miraflores presidential palace

Rights are violated by the State through its organs in disrespecting them

(Handout photo)
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Saturday December 08, 2012  12:00 AM
Alberto Arteaga, a superb criminal lawyer, has pointed out that the Attorney General's duty is to investigate into the violation of the personal integrity suffered by imprisoned Judge María Lourdes Afiuni. No addendum is needed for such statement. It is an axiom.

The contentions uttered by the Attorney General –which remind us of her failure to investigate both the crimes of her antecessor, Julian Isaías Rodríguez Díaz, related to the murder of public prosecutor Danilo Anderson, and the smuggling of an "official" suitcase stuffed with money and intended to favor the candidacy of the current Argentinean president, or the links with drug traffic charged to high-ranking military officers- just reinforce a maxim of the experience. She would not take a step or make any decision but as instructed by the lifetime constituent of Venezuela, Hugo Chávez Frías. It is no chance that another lady of the judiciary, the president of the Supreme Tribunal of Justice, has prepared a judicial thesis based upon her colleagues' creed. Everything is acceptable inside socialism, nothing is acceptable outside it!

For this reason, the Attorney General will not let her inquests touch the "interest" of the regime she serves. Requiring her to serve the law is worthless, as she confounds it with the President Commander.

Nevertheless, it is necessary to record for the day after every occurrence all these years of "revolution," marked by constitutional and legal changes intended to make regulations say what they do not say, in order to secure the impunity of the followers of the process and relentlessly punish dissenters. Such day will come for all leaders, no matter how powerful they believe they are, and by reason of the theory of anacyclosis: Everything is born, everything grows, everything dies.

Venezuela, approaching the end of each generational cycle –from 35 to 30 years- is not the exception to the rule. The almighty Napoleon Bonaparte ended his days in the middle of the ocean, in a lonely island. Therefore, want it or not, the time will come for the Attorney General and her servers. They will have to hold accountable for their deeds. Sure enough, they will recite by heart, in their odd hours, the catechism of rights, the American Convention on Human Rights spurned so much and denied to Afiuni.

The State –that is, the president, on which prisons depend; the Attorney General, who should ensure and enforce the law inside prisons, and the insipid Ombudswoman, who should take care of prisoners' human rights- have a duty to observe and ensure such rights. The State may not use either lack of laws or ineffective laws as an excuse, nor it may hide behind any consent or waiver –due to harmlessness and under the pressure of fear- granted by any victim of serious violations to his/her human dignity.

The acts of violence and sexual slavery against Afiuni -crimes against humanity that do not lapse- are the work and responsibility of he, who has a duty to take care of and protect inmates -the occupant of Miraflores presidential palace. The Attorney General Office is responsible for such violation for failing to fulfill its duty concerning investigation and criminal persecution. And the Office of the Ombudswoman contributes to such execrable acts in keeping silent and failing to accompany the victim accordingly. To sum up, rights are violated by the State, through its organs, in disrespecting them. Likewise, they violate rights in letting constitutional liberties dwindle or preventing them from spreading out.

Crimes against humankind have many state operators as perpetrators: police agents, soldiers. But the primary responsible and those who face trial in the first place for such crimes are the owners of the State powers; those who promote systematic or generalized policies to chase dissenters or opponents, who complete monstrous acts, such as the one suffered by Judge Afiuni. And the Attorney General should be reminded of this.

Any attacks by the leaders who act as vehicles for the evil are worthless. Any challenge to the law, or any denunciation of international obligations imposed by the law are worthless as well. Such rudeness is worthless when the Day of Judgment arrives. Nazis are keenly aware of it, as well as the hierarchs of Latin American military regimes. Evil never lapses and its masterminds will never escape when the victims of their cruelty resolve to enforce their rights to truth, justice and redress.

Translated by Conchita Delgado

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