The defense of Juana Rivas, sentenced to prison for the abduction of her two minor children in the summer of 2017 and subject to a partial pardon by the Government of Spain, has assured this Tuesday that the Italian Prosecutor’s Office has prosecuted Francesco Arcuri, ex-partner de Rivas, for alleged mistreatment of his children.
The legal representation of Juana Rivas has stated that on November 14, after the corresponding criminal procedure, the Cagliari Prosecutor’s Office “has concluded the investigations and has formally presented an indictment” against Rivas’s ex-partner for alleged mistreatment of Gabriel and Daniel Arcuri Rivas, “habitually subjecting them to physical violence, humiliation, insults and threats,” according to the lawyers.
Lawyers Carlos Aránguez, Juan de Dios Ramírez and Francisca Granados state that Daniel, a minor, “continues to be obliged to live in Carloforte with his father.” Francesco Arcuri“, because “the Cassation ruling has still not been executed, nor has any precautionary measure been adopted for its protection,” Europa Press reports.
For this reason, the legal team has requested measures that guarantee protection and expressed its “utmost concern at the fact that a minor is forced to continue living with his father after the existence of a criminal process opened for mistreating him and, in whose instruction , it has been concluded that there is more than enough evidence” to charge him and proceed to open a criminal trial against him.
For this reason, they call on the competent authorities to “immediately” adopt measures to guarantee the effective protection of the minor.
The oldest son sees his brother “in great danger”
Meanwhile, Gabriel, who is now 18 years old, “asks for help from the Cagliari Prosecutor General’s Office and expresses emphatically that his father is not able to control his impulsiveness and anger,” seeing his brother “in great danger”according to a message given by the mother’s representation.
“This legal team wants to express its utmost concern about the fact that a minor is forced to continue living with his father after the existence of a criminal proceedings opened for mistreating him and, in whose investigation, it has been concluded that there is more than enough evidence to indict said father and, therefore, proceed to open a criminal trial against him,” the lawyers say in a statement.
Annulment of the sentence that separated the brothers
The lawyers recall that last March the Italian Supreme Court, after accepting in all its terms the appeal of Juana Rivas, annulled the ruling of the Court of Appeal of Cagliari by which the two children of the ex-couple were separated and ordered repeat the civil trial.
Since that ruling, the youngest son lives with his father in Italywhile the oldest, who is now 18 years old, remains permanently with his mother in Spain, reports EFE.
But, “this being so, however, to this day the sentence remains unexecuted” and without any precautionary measure being adopted for the protection of the minor, who “continues to be obliged to live in Carloforte with his father.”
Gabriel’s video complaint
In a video released by Carlos Aránguez’s law firm, Gabriel asks for help, the same one he has requested in writing from the Cagliari Prosecutor General’s Office: “I know my father and I know that he is not able to control his impulsivity and his anger. “My brother is in great danger.”
In the video, made public this Tuesday by the lawyers, he explains that in 2017 he was “torn” from his home (which is, he says, his mother) when he was 11 years old and his brother was three.
His brother, he adds Gabriel“currently he continues to live in that hell” that he lived until he was 16: “He lives with an abuser by his side, he is afraid to express those things because he knows that his father can find out about those things and threaten him. He feels at risk of death. I have felt that way and I see my reflection in him.
Convicted of child abduction
Juana Rivas was sentenced to five years in prison for two crimes of child abduction, although the Supreme Court of Spain partially upheld the appeal of this resident of Maracena (Granada) and reduced her sentence by half considering that, although there were two the abducted minors, committed a single crime.
The events took place in the summer of 2017, when Rivas spent a month in an unknown whereabouts with his children so as not to hand them over to their father with the argument of protecting them from Arcuri, who in 2009 was convicted of injuring her and whom she again reported for abuse in 2016.
In July 2022, the Supreme Court granted a partial pardon to Rivas, which commuted his final sentence to 180 days of work for the benefit of the community and the obligation to take a positive parenting course, a grace measure that did not eliminate his record in Justice. Italian.
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