The Prosecutor's Office has appealed directly to the Provincial Court of Granada the decision of Judge Manuel Piñar not to release Juana Rivas after the granting of a partial pardon by the Government. The Public Ministry has presented a forceful letter in which it accuses the magistrate of making "purely personal evaluations and appraisals (...)" and of failing to contrast "objectively" some of the considerations he made in his order. Piñar sentenced Rivas in July 2018 to five years in prison for two crimes of abduction of minors, the Supreme Court reduced that sentence to two and a half years and the Government granted him the measure of grace last November, with which the penalty he finally stayed in one year and three months, of which he has just nine months to go.
The half truths of Judge Piñar in his car about Juana Rivas paragraph by paragraph
In its appeal, the Prosecutor's Office refers specifically to the fact that the judge based the decision to reject his release, among other reasons, on the fact that the suspension of the sentence could pose a risk to the minors because their minor child would have allegedly suffered sexual abuse while in his care. The Public Ministry recalls that it is a case that was "dismissed for not being duly justified the perpetration of the crime" - the Civil Guard ruled out these alleged abuses and that the Justice closed the case - and in which "in no case was there attribution any liability, by action or omission ”neither to Rivas, nor to her ex-husband, Francesco Arcuri, nor to anyone close to her.
The Prosecutor's Office also adds that Judge Piñar did not duly contrast his appraisals regarding the other reasons for rejecting the suspension of the sentence: repentance, although it recalls that this is not a necessary requirement for granting the suspension; and the reiteration in the crime. Maracena's mother has admitted that she made a "mistake." He did it just a few weeks ago in an interview on the show The objective of La Sexta. “I would not do it again, I just wanted to protect my children (...). I have been without my children for almost five years and I think I have paid a lot for the part of error that I could have, "he insisted.
The Public Ministry also objects to the judge's assessment that Rivas "repeated the same behavior, after being convicted in this case and with the minors in Italy." However, at no time has Rivas been charged or prosecuted in Italy for this crime. The woman has filed several complaints there on several occasions during these years for the mistreatment of minors, all of which have been filed. On this issue, the Prosecutor's Office recalls that the woman "has complied with the foundations of the conviction, since she has been scrupulously complying with the visitation regime established by the Italian justice." Likewise, it values that it has satisfied civil liabilities and has a favorable reintegration prognosis.
Likewise, the Public Ministry appreciates as “relevant data” that the other parent has also requested freedom, as well as the fact that the Italian courts have granted him a wide stay regime during the Christmas period, which shows their confidence of that civil jurisdiction in the exercise of their right of visits. In its decision, the Prosecutor's Office maintains that it has valued "in a very special way" the "superior interest of children to recover and normalize the relationship with their mother."
Take the decision made by the Provincial Court, Rivas will be free from Christmas. This was confirmed this Thursday to elDiario.es Andalusia prison sources that clarify that the Granada will be in an expanded third degree with which she will not have to step on the Matilde Cantos Social Insertion Center (CIS) in which she is serving the sentence . Although his defense explained that Rivas would have a new visitation regime, the truth is that he will not have to return to prison thanks to a telematic control device that will be installed.