Case of Juana Rivas: the mother is provisionally released and returns home with her children

This morning, Juana Rivas, who was unaccounted for to avoid giving her children to her father (accused of ill-treatment), personba in the Courts of Granada where she was arrested according to the current arrest warrant and presentation at judicial headquarters agreed by the Court of Instruction Number 2 of Granada.

Now we just learned through the newspaper El País that women He has been provisionally released and for the time being, returns home with his children. Juana, who had addressed a letter to the President of the Government in a desperate attempt to protect her children, has declared on her departure from the Court that she takes "a ray of light," as reported by the Cadena Ser.

Almost a month away from justice

On August 8, the Court of Instruction 2 of Granada issued a arrest warrant against Juana Rivas for unlawful retention of minors, since she disappeared with her three and 11 year old children on July 26, so as not to have to give them to her father, Francesco Arcuri, accused of ill-treatment.

Although initially the mother had social and political support, after the second rejection of the Constitutional Court to her appeal for amparo, the voices that asked her to respect the law and appear before the Justice began to be heard.

This morning, Juana decided to end her escape and appeared in the Court of Granada, where she was arrested by the police and presented to the judge on duty, who has decided to declare her provisional release ignoring the request of the Prosecutor's Office of Granada, which had requested for her provisional detention without bail.

At the moment, Juana returns home with her children although the order to hand them over to her ex-husband is still valid. According to El País, the woman has declared at the exit of the courts: "Today they have listened to me, I am not going to jail, I am going to my house with my children and we will continue fighting"

A desperate letter to the president of the Government

According to the newspaper La Vanguardia, Juana wrote yesterday a letter that sent the President of the Government, Mariano Rajoy, the State Attorney General, José Manuel Maza, and the president of the Constitutional Court (TC), Juan José González Rivas, explaining their situation and appealing to their understanding and help.

In that letter, the woman recounted what she lived with Franceso Arcuri, his ex-partner and father of his two children to whom denounced in 2009 for abuse. After that complaint and years of separation, Juana decided to give Francesco a new opportunity and they moved to live in San Pietro, an Italian island from which she ended up fleeing with her children on May 18, 2016.

"We have lived horror stories in complete solitude, a severe physical and psychological abuse. And on a legal level we are also victims of a chain of a chain of nonsense and injustice" - says Juana in her letter.

"I escaped from that island where no one could protect us with the illusion of reaching my beloved land because I believed that Spain was one of the most pioneer and advanced countries in the protection of women and children who fall at the hands of this domestic terrorism that leaves irreparable consequences "

Juana asked in her letter for protection for her children claiming that they are "in great danger" and that, as a mother, they are doing the only thing they can do to protect them: "My only resources are a small suitcase, a minimum amount of money and all the love in the world", Add.

"Listen to us first, before sending us back, I only ask for that (...). You represent for my children a last chance to live in a healthy environment, free from fear and violence, as any child deserves" - he writes.

"Please understand that my children cannot afford the horrible consequences of mistakes made by the institutions"

The letter has been published entirely by the association of minors victims of gender-based violence, "Avanza sin fear", on their Facebook page.

Chronology of a media case

  • In 2009, Juana accuses her husband, Francesco Arcuri, of mistreatment and he is sentenced to three months in prison (who did not have to comply) for a crime of "family injuries".

  • In 2013, women decides to give Francesco another chance and resume the relationship. His second son is born and they move to Italy (where he is from) where they both work in a hospitality business.

  • In 2016, Juana claims to continue receiving ill-treatment, so He decides to flee Italy with his children and start a new life in Spain. The father files a complaint against his wife for removing the children from Italy without their permission.

  • On December 17, 2016, a Granada court orders Juana to return her children to her father. She lodges an appeal but justice does not give her reason, claiming that "Justice cannot be taken by her own hand."

  • On July 26, 2017, Juana breaches the sentence and does not appear at the court date. He decides to leave with his children without giving information of his whereabouts.

  • The 28th of July, Francesco denounces Juana for three crimes: "child abduction", "disobedience to judicial authority" and "psychological violence against children".

  • On July 31, Juana Rivas presents a appeal for amparo before the Constitutional Court, which he rejects.

  • On August 8, the Court of Instruction Number 2 of Granada agrees to a arrest warrant and presentation in court against Juana Rivas, after not going to his appointment with justice.

  • On August 10, the Audience of Granada decrees that Juana must take the children with her father within three days.

  • August 14 mother send a letter to the platforms that support it in different cities and municipalities of Spain, in which he expresses that "She is running away, but she feels that she is not doing anything outside the law" .

  • On August 16, the Constitutional Court rejects for the second time the appeal for amparo. Juana's lawyers announce that they will go to the European Court of Human Rights.

  • August 21, Juana does not go to testify to the new judicial summons to decide measures on minors and ask for help by letter from the President of the Government, the State Attorney General and the president of the Constitutional Court

  • August 22, after voluntarily appearing in the Court, Juana is placed in provisional release and, for the moment, he returns home with his children, although the Superior Court of Justice of Andalusia reminds him that the delivery of the children to the Italian father is still valid agreed by both civil and criminal channels.

  • Via La Vanguardia, El País, Cadena Ser, Advances without fear

  • In Babies and More Case Juana Rivas: does the mother do well to keep running away with her children so as not to hand them over to the father ?, Case Juana Rivas: the Constitutional rejects the appeal for amparo, and only remains to go to the Court of Human Rights