I believe you are misunderstanding the relation between CAP-Availability and node-UP/DOWN. Availability is about providing an answer to every received query - when a node is down it cannot receive queries, therefore if you bring down parts of or the entire cluster, the CAP-Availability property holds. Although this may sound counter intuitive at first glance, by shutting down nodes you are holding on to CAP-Availability and dropping CAP-Partition tolerance instead. I've recently posted an answer whose examples provide some clarification.
In a nutshell: A partition occurs that isolates node N. If N receives a request it can either: i) answer which grants availability but drops consistency because N is out of sync; ii) do not answer to avoid replying with an out-of-date result, thereby dropping availability because we received a request but issued no reply for it.
Alternatively we can shutdown N as soon as it becomes disconnected from the rest of the cluster which allows us to keep C and A, but drop P, because: i) N will not receive any requests; ii) all received requests will be performed to the fully connected and consistent cluster, hence they will all be answered with consistent values; iii) the cluster is not partition tolerant because it does not tolerate partitions - instead it shutdowns partitioned nodes.