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Venezuela grants conditional release of Ch谩vez-era judge

Freedom for Judge Maria Lourdes Afiuni was a cause c茅l猫bre among dissidents and human rights groups critical of the Ch谩vez regime. Venezuela conditionally released her after three years in detention.

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Carlos Garcia Rawlins/Reuters
Judge Maria Lourdes Afiuni (c.) greets supporters outside her house in Caracas June 14. A Venezuelan court on Friday granted parole to Afiuni, who is regarded by the opposition as a political prisoner of the late Hugo Ch谩vez after imprisoning her in 2009 on corruption charges.

Jailed Judge Maria Lourdes Afiuni, often referred to as 鈥Hugo Ch谩vez鈥檚 political prisoner,鈥 was freed on Friday after spending more than three years in detention.聽Following petitions from international bodies and human rights groups, the court decision immediately ignited social media networks, with many celebrating the release as a victory for human rights and Venezuela's political opposition.

Freedom for Ms. Afiuni was a cause c茅l猫bre among dissidents and human rights groups critical of the Ch谩vez government. The former president singled her out on state television and denounced her as a 鈥渂andit" after she granted bail for a banker who had been held in detention for nearly three years without trial.

鈥淔rom the humanitarian point of view, this is a huge step,鈥 says Leonardo Vivas, Latin America program coordinator at the Kennedy School's Carr Center for Human Rights in Cambridge. But 鈥渇rom the legal point of view, not much has changed.鈥

While her release is considered a major breakthrough by some, many remain skeptical about the Venezuelan government鈥檚 commitment to improving its human rights record since charges still stand against Afiuni. More likely, observers say, the move could help to improve Nicol谩s Maduro鈥檚 international standing at a time when the South American nation is faced with a faltering economy and is embroiled in controversy over allegations that President Maduro's campaign engaged in voter fraud.

鈥淚t relieves a huge amount of international pressure on Maduro,鈥 Mr. Vivas says.

'Much, much, much more serious'

Banker Eligio Cede帽o was charged with violating Venezuela's strict currency controls, and Afiuni鈥檚 2009 decision to free him on bail enraged the Ch谩vez administration. "A judge who frees a criminal is much, much, much more serious than the criminal himself," Mr. Ch谩vez said. "This judge should get the maximum penalty, and whoever does this 鈥 30 years in prison!鈥

Despite appeals from the international community including Human Rights Watch, Amnesty International, and US-based leftist intellectual Noam Chomsky, stating that her decision did not violate any laws, Ch谩vez wouldn't budge.

Afiuni said Mr. Cede帽o's time in detention exceeded the maximum time allowed in custody without a trial, claiming she based her decision on United Nations recommendations.

Political prisoners

Analysts are reluctant to say Afiuni鈥檚 release signals a softening of Maduro鈥檚 hard-line political stance, which has in many ways followed in the tracks of Ch谩vez. Robert Bottome, Director of the Veneconomy Publications Group, points out that other political dissidents remain behind bars.

According to the Venezuelan daily El Nacional, 21 Venezuelans are currently in prison for political reasons, nine of whom date back to Ch谩vez. The other 12 were jailed following the violence that broke out after Maduro鈥檚 contested election victory in April.

Last year, in a book she published about her detention, Afiuni alleged that she was raped in prison and became ill after having an abortion. The latest move by the courts granted her a conditional reprieve from house arrest (which followed her earlier imprisonment in a woman鈥檚 prison) to seek medical treatment. She is still barred from talking to the press or using social media, restrictions her lawyer says will be lifted if and when she鈥檚 acquitted.

'She's in jail'

鈥淚 don鈥檛 believe [Afiuni鈥檚 release] would have happened under Ch谩vez,鈥 says Jose Vicente Haro, a constitutional law professor at Catholic University Andres Bello in Caracas.

He says the court decision was directed toward foreign governments. Facing problems of legitimacy, he says 鈥淢aduro is still crafting his image. The release helps to show him as being pragmatic, and bolsters his claim of legitimacy.鈥

鈥淭he [Afiuni] question was on the tip of everyone鈥檚 tongues,鈥 says Mr. Bottome. 鈥淣ow [the international community] can no longer say she鈥檚 in jail.鈥

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