The Ministry of Justice is already processing the petition for the pardon of Juana Rivas, Maracena’s mother, sentenced to two and a half years in prison for a crime of child abduction after disappearing with her children in the summer of 2017 not to hand them over to their father, claiming that they were in “danger of death”.
The defense of Juana Rivas asks the Government for a total pardon to avoid jail
Sources from the department headed by Juan Carlos Campo confirm to elDiario.es that the procedures began “less than a week ago” with the request for the mandatory report to the sentencing court. In this case, the Criminal Court number 1 of Granada, which in July 2018 sentenced Rivas to five years in prison and that this Thursday ordered his admission to prison after the Supreme Court confirmed Rivas’s guilt last April. although he reduced his sentence to the aforementioned two and a half years in prison.
The Minister of Equality, Irene Montero, demanded this Thursday “feminist justice” for Rivas and affirmed that she will work to make it so. “Women who defend their rights and those of their sons and daughters against sexist violence need to know that we are with them,” he wrote on his Twitter account after it was known that the judge had ordered their arrest and imprisonment.
More explicit in relation to his request for pardon has been the state spokesperson for Podemos, Isa Serra. “I also request a pardon for Juana Rivas. Justice, protection and rights for women who defend their lives, and those of their sons and daughters, against sexist violence ”, he wrote on his Twitter account.
Rivas’s lawyer, Carlos Aránguez, said on Thursday that the decision to order his admission to jail when it had not yet been resolved seemed “very unfair” the pardon requested from the Government. The lawyer announced the presentation of an appeal against the judge’s order with the aim that his entry into jail may be “without effect” while the aforementioned pardon is resolved, “according to a press release.
The processing of the grace measure can take weeks or even months. Justice sources affirm that it will depend especially on the time it takes for the sentencing court to issue its report, which, in turn, must have the opinion of the Prosecutor’s Office. These are mandatory but not binding reports because the final decision corresponds to the Council of Ministers at the proposal of the Minister of Justice.
Of course, if the sentencing court were to position itself against the pardon, it would close the door to a total pardon —which supposes the remission of all penalties not served—, since the law establishes that the total pardon will only be granted in case of there is a favorable report from the sentencing court. In that case, there would be the possibility of a partial pardon, which supposes the forgiveness of some or some of the penalties imposed, or part of all still not fulfilled. The legislation also establishes that a partial pardon is also considered the commutation of the sentence or sentences imposed in other less serious ones.