The Chamber rules out fining the mother 5,000 euros for abuse of rights, as requested by the Prosecutor
- courts The Prosecutor asks to fine Juana Rivas for abuse of rights after her complaint against the judge who convicted her
The Superior Court of Justice of Andalusia (TSJA) has rejected the complaint filed by Juana Rivas against the Granada judge who sentenced her because she sees no evidence of crimes of judicial prevarication and against the moral integrity of the complaining mother, but neither does she impose the coercive fine of 5,000 euros requested by the Prosecutor for abuse of right.
In an order known this Monday, the Civil and Criminal Chamber of the TSJA has inadmissible the complaint filed by the mother of Maracena against the head of the Criminal Court 1 of Granada, Manuel Piarwho sentenced her for child abduction to five years in prison, which the Supreme Court later reduced by half.
Juana Rivas he ran away in 2017 with his two sons, which caused her to be convicted of child abduction. Finally, she received a partial pardon from the Government of Pedro Sánchez that allowed her not to go to prison and to recover parental authority over her children.
Once the pardon was obtained, Juana Rivas counterattacked against the judge who sentenced her. Thus, at the end of last July she filed a harsh complaint against him for prevarication and “institutional abuse”. Now, the TSJA considers that there are no indications of the commission of either of the two crimes, for which reason the complaint is inadmissible, as requested by the Public Prosecutor’s Office.
However, the TSJA rejects that Juana Rivas be fined 5,000 euros, as the Prosecutor had requested, for abuse of rights.
The decisions of the magistrate of Granada on Juana Rivas they do not have “a content tortuous or arbitrarywith departure from the law, insofar as such resolutions are motivated and reasoned in law, regardless of the subjective discrepancy of the plaintiff regarding the conclusion reached in them and with them”, says the order of the TSJA.
For the high court, there was no improper processing of a pardon file by Judge Piar, as Juana Rivas had argued. Nor are there, according to the Chamber, procedural irregularities no concealment in the processing of the execution of the sentence.
The orders in which the judge refuses to suspend the execution of the sentence of Juana Rivas are not prevaricators because it motivates his decision “in the absence of regret” of the condemned, who on several occasions has stated that she would do it again. It is also based on the “danger” for her children, in a case of alleged abuse.
Regarding the allusion to the case of abuse, which was filed, by the Granada judge in his resolutions and that the mother saw as prevaricator, the TSJA concludes that it is a “unlucky” argumentbut he is not prevaricating, “because the prevarication refers to the decision finally adopted to deny the suspension of the sentence, which is based on other arguments”.
After the decision of the TSJA not to admit the complaint, the lawyer of Juana Rivas, Carlos Arnguez, has announced that they will continue “fighting” and “we will never give up”. “The whole truth about the Juana Rivas case will be known when the children are older, and can tell her story in the first person,” she added.
The mother’s lawyer plans to appeal the decision of the TSJA, first before the Andalusian court itself, then in the Constitutional Court, and “if necessary”, in the European Court of Human Rights.