Juana Rivas’s defense now asks that the chief judge of the Court of Violence against Women 2 of Granada, Aurora Angulo, be removed for signing a manifesto against the main lawyer of Granada, Carlos Aránguez. The lawyers have presented a recusal document precisely before that same court, considering that both Angulo and her replacement, Cristina Cueto, have lost their “impartiality” in this matter by signing said manifesto.
Specifically, Aránguez and his team refer to the manifesto that more than a hundred judges from all over Spain signed last Friday in response to a comment made by the lawyer himself regarding the judge’s decision to recuse herself from the case she is deciding. about the situation of Daniel, the youngest son of Juana Rivas. The judge recused herself because she did not find sufficient evidence to carry out proceedings for sexist violence and because part of the case exceeds her jurisdiction as it is happening in Italy. However, Carlos Aránguez pointed directly to the judge through the channel through which Rivas’ lawyers communicate with journalists.
In the manifesto, in which both Judge Aurora Angulo herself and her substitute, Cristina Cueto, appear as signatories, it is noted that in the lawyer’s communication “appraisals are made about the judicial decisions adopted by the colleague in relation to her client, which They are described as erroneous, both in relation to what happened in 2017, which in the opinion of said office, led to the “disastrous consequences known to all”, referring to the international child abduction procedure.
At the same time, they also point out that the lawyer is misinterpreting the judge’s actions when on January 9 she decided to recuse herself from the case: “Disallowing for processing the request deduced under art. 158 CC because said petition has already been resolved in another resolution against which an appeal has been made, and rejecting the objective jurisdiction to hear the actions inhibited by the Court of Instruction No. 4 Granada. In the letter, they highlight that the lawyer goes so far as to describe as a “very serious fact” that a magistrate “specialized in gender violence does not understand what vicarious violence is, which consists of harming or controlling children to make the mother suffer.” mother”.
“Without going into assessing the timeliness and correctness of the statements made in said note about the factual and legal reality of what is called the “Juana Rivas case”, the undersigned of this writing want to show our rejection of what we consider an attack. personalized to the companion, which far exceeds a purported exercise of the right of defense,” point out the magistrates who sign the manifesto. A manifesto through which Rivas’s defense now asks that both judges be removed from this case and the issue be passed to a different court.
A matter of competencies
In fact, Angulo herself confirmed this Monday her decision to recuse herself, considering that she has no powers over the situation of Daniel, the youngest son of Juana Rivas. The boy has remained with his mother since he traveled to spend Christmas with her last December. According to Rivas’ lawyers, the minor, who turned 11 last weekend, does not want to return to Italy with his father, Francesco Arcuri, because he is “scared.” Despite this, a month ago he testified before the Cagliari Court in favor of his father, although Juana’s lawyers consider that he did so “under duress.”
After receiving “intimidating messages”, the woman from Granada and her eldest son, Gabriel, decided to file several complaints to ask that Daniel not return to Italy when Christmas was over for fear that the child would suffer some type of violence from the father, Francesco. Arcuri, who is being investigated by the Italian Prosecutor’s Office for mistreatment of children. Some mistreatment that both Daniel (before the judge on duty who has issued the precautionary measure that he remain in Spain until his situation is clarified) and Gabriel, through a letter and a video, have detailed.
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