Juana Rivas he had to have delivered his two children to Francesco Arcuri, the father of children, on Sunday night. However, after filing a complaint against him for alleged ill-treatment towards the youngest, Rivas has taken refuge with the minors at a friend's house, in a village 15 minutes from Cagliari, the capital of Sardinia, and has decided that the children will not return with their father until an Italian judge, after reviewing the latest events, obliges her. On the possibility that Arcuri denounced her for not returning the two minors, Rivas told this newspaper: "I have lost my fear of everything. Children are those who denounce the facts. Why are you going to report me? Why do not kids go to school? Is that children risk their lives being in the home of their father. It's better to miss the course. "
Rivas was sentenced in July by a Spanish judge to five years in prison and six years of disqualification from exercising parental authority for the abduction of their children. The sentence is not firm and it is not enforceable neither in Spain nor in Italy. The mother of Maracena (Granada) flew to Cagliari last week to be reunited with the children. On Friday night, according to the complaint lodged with the Italian court, he discovered bruises on the back of his four-year-old son. On Saturday he took him to the hospital to be treated for injuries and on Sunday he went to the police station.
According to the report, to which EL PAÍS has had access, it is the 12-year-old's oldest son who says that the bruises are the result of some events that took place a few days earlier in Genoa, where they were visiting their Italian grandparents. The report also includes the story of the mother from what her son had explained. The text states that, faced with the minor's difficulty in falling asleep, "the father repeated incessantly: 'Son of a bitch, imbecile, I'm going to get you out of here, hell, I'm going to kill you.' Then he took it and threw it hard against the iron of the bed and then pushed it against the wall of the corridor. "
On Sunday night, Rivas had to deliver the minors to Arcuri but he did not. "I explained that due to the circumstances I could not deliver them," said the mother, who also says that "the children are terrified of going back to their father."
To the question of his attitude causes a break in Italy of the agreement of guard and custody in force, sources of the advisory team of Rivas explain that an Italian judge issued an agreement that allows Juana to have children seven days with a notice of five. "It is true that this notice has not been complied with, but we believe that the emergency situation justifies it," Rivas' lawyers point out to this newspaper. In any case, from the legal environment of Juana Rivas maintain the position that, if necessary, if the judge indicated that the children must be delivered to their father, they will do so.
This is the fifth complaint that Rivas has presented in recent months against Arcuri in Italy. For the moment, none of them has led to any action against his ex-father and father of children.
For his part, the lawyer of the father of children, Enrique Zambrano, said that "Mrs. Rivas is demonstrating with these actions that does not care in the least the overall welfare of their children, nor respect justice, or their collaborators, be these judicial experts, psychologists or social services teams. " Zambrano warned: "My colleagues in Italy have already taken the appropriate measures in order to denounce the non-delivery of minors at the agreed place and time, here in Spain we are assessing which one we will request shortly." Zambrano no he wanted to comment nothing on the minors "since there is a judicial order in force in this regard issued at the time by the Court of Instruction No. 2 of Granada, [por la que no se pueden hacer comentarios públicos sobre ellos] although Mrs. Rivas and her representatives do not seem to agree, "he concluded.
After more than a year in which the Juana Rivas case was in the hands of its lawyers, the Maracena Women's Center has taken a relevant decision. In a letter to the Consular Emergency Division, under the Ministry of Foreign Affairs, urges him to take "very urgent" protective measures and protection of Juana Rivas and her two children against what he considers "a very serious risk and an attack on their fundamental rights … so that, by the corresponding Italian judicial body, these may be granted an urgent protection measure ".
In the document, the organ directed by Francisca Granados, also provides some sheets in which the eldest son himself recounts a series of alleged ill-treatment by his father.