Yesterday we learned that the Constitutional Court rejected for the second time the appeal for amparo imposed by Juana Rivas for not having to give her children to her father, Francesco Arcuri, who lives in Italy and was sentenced in 2009 to three months in prison for abuse.
Juana, who is in unknown whereabouts with their children and she has been wanted since August 8 for an alleged crime of disobedience to the judicial authority and another for the illegal retention of minors, she has announced that will resort to the European Court of Human Rights, the last resource he has left.
The Constitutional rejects its appeal for "extemporaneous"
Just a week ago we told you the chronicle of the case of Juana Rivas, the escaped mother with her 11 and three year old children who refuses to give the children to her father, not complying with sentences of the Court of First Instance of Granada and of the Provincial Court.
As the last option of national jurisdiction, Juana's lawyers then decided resort to the Constitutional Court, filing an appeal for amparo in which they requested to annul the court order for which Juana was forced to hand over the children. But for the second time, the Constitutional has refused to admit it to processing for "extemporaneous".
As indicated in El Confidencial, the Court considers that the appeal has been filed after the deadline of 30 days set by the Organic Law of the Constitutional Court (LOTC) since the notification of the sentence of the Provincial Court of Granada, on April 26 and blames the lawyers of Juana.
After exhausting the Spanish way, Juana has already announced which will appeal to the European Court of Human Rights, for the sole purpose of scontinue protecting his children from his father, whom he denounced in 2009 for ill treatment and that he was sentenced in Italy to three months in prison.
An escape that could lead to problems
Since the sentencing of the Audiencia of Granada was known, Juana is unaccounted for with her children, and it is precisely the decision to flee and not abide by the judgments of the courts which could complicate your case.
On August 8, and after an order of the Court of Instruction 2 of Granada, the woman is in search and capture and is investigated for an alleged crime of disobedience to the judicial authority and another for the illegal retention of minors.
Juana has contacted the media through letters explaining her situation and appeals to Justice:
"What I am doing is not a challenge, it is survival. Hiding is the only way I have found within my reach as a mother to protect the most precious jewels of my life. But it cannot be forever. Please stop this madness." .
Meanwhile, Juana's ex-husband and children's father, Francesco Arcuri, remains in Granada while the case is resolved, and states in statements to the newspaper El Mundo, never having lost hope of seeing her children again.
Via El Confidencial, El Mundo, El País
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?
