The Supreme Court of Italy orders to repeat the trial for the custody of Juana Rivas's kids | EUROtoday

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The Supreme Court of Italy has ordered a repeat of the civil trial on the custody of the two kids of Francesco Arcuri and Juana Rivasthe resident of Maracena (Granada) who was convicted in Spain for baby abduction, understanding that the greatest curiosity of minors and varied worldwide conventions.

The Spanish authorized crew of Rivas, led by attorneys Carlos Arnguez, Juan de Dios Ramrez and Francisca Granados, has superior in a press release the ruling of the Court of Cassation of the Italian Supreme Court and has highlighted that the brand new ruling considers all of the extremes of the useful resource.

This crew of attorneys has additionally identified that the ruling, of round thirty pages and to which Efe has had entry, annuls the sentence handed down by the Court of Appeal of Cagliari. by which the 2 kids of the ex-couple had been separated fashioned by Arcuri and Rivas and orders the civil trial to be repeated.

Since that fall, andThe youngest son lives along with his father in Italywhereas the eldest stays definitively along with his mom in Spain.

According to the crew led by Carlos Arnguez, the Casacin ruling highlights that the Cagliari court docket didn’t apply primary worldwide requirementstogether with the Council of Europe Convention on stopping and combating violence towards ladies and home violence.

Along the identical strains, the ruling factors out a number of European directives and requirements on rights and safety of crime victimsa ruling that additionally refers back to the jurisprudence of the European Court of Human Rights to level out that the very best pursuits of kids should be the basic criterion in choices about custody.

The Italian Supreme Court has highlighted the violation of primary precept of non-separation of brothers which materializes when the eldest is left within the care of the mom, in Spain, and the youngest with the daddy in Italy, with a visitation regime that solely permits the household to see him in Sardinia.

Criminal proceedings opened

Rivas's crew of attorneys has additionally introduced that the ruling of the Supreme Court of Italy returns the case to the court docket of Cagliari, that there should be a brand new composition of magistrates to challenge a brand new sentence.

The attorneys have recalled that, together with this civil route, in Italy a felony proceedings towards Francesco Arcuriwhom Rivas has accused of routine, bodily and psychological abuse in the direction of his kids.

Juana Rivas was sentenced to 5 years in jail for 2 crimes of abduction of minorsthough the Supreme Court of Spain partially upheld the attraction of this Maracena neighbor and diminished her sentence by half contemplating that, though there have been two minors kidnapped, she dedicated a single crime.

The occasions came about in the summertime of 2017, when this mom He was lacking for a month along with his kids to not hand them over to their father with the argument of defending them from Arcuri, who in 2009 was convicted of injuring her and whom she once more reported for abuse in 2016.

In July 2022, the Supremo grant a parcial pardon to Rivas who commuted his remaining sentence to 180 days of labor for the good thing about the neighborhood and the duty to take a constructive parenting course, a grace measure that didn’t get rid of his report within the Italian justice system.