Adriana Rivas' lawyer, Peter Tsintilas, filed a new request for provisional release on Wednesday, on behalf of his defendant.
Tsintilas argued before New South Wales local court magistrate, Robert Williams, that new circumstances pertaining to Rivas' health warrant her release from prison.
He claimed that Rivas needs medical surgery for a pre-existing heart condition that has not been treated since her detention in February 2019.
He also argued that the COVID-19 pandemic also represents a risk for the detainee behind bars.
Trent Glover, the attorney representing the Chilean government in the extradition process, rejected the allegations, arguing there is no evidence to support that her health issues cannot be treated while in detention.
He also claimed there is no evidence to prove that her health is especially at risk.
Highlights:
- Rivas has requested provisional release on two previous occasions. Both requests were denied.
- She is accused in Chile of participating in the aggravated kidnappings of seven people during the Pinochet dictatorship. She denies the charges.
- Rivas is facing a legal battle against her extradition behind bars, since her detention on February 19, 2019.
Rivas’ defence also claims that the Chilean government’s extradition request is invalid, alleging there is no conclusive evidence to support her guilt, which would justify the request for her extradition.
Rivas, a former agent of the National Intelligence Directorate (DINA), a secret police established during the military dictatorship led by Augusto Pinochet in Chile, is accused of participating in the aggravated kidnappings of Víctor Díaz, Fernando Ortiz, Fernando Navarro, Lincoyán Berríos, Horacio Cepeda, Héctor Véliz and Reinalda Pereira, which occurred between 1974 and 1977.
The Chilean Supreme Court issued her extradition order in 2014.
She denies all charges
Mr Glover highlighted the fact that Rivas fled Chile illegally while she was on provisional release, after being accused of the charges. He said this represents a precedent to consider denying Rivas' request for provisional release.
Adriana Rivas Source: Facebook
Magistrate Williams will announce his ruling on or before May 13.
The Rivas extradition hearing will be held in the New South Wales Local Court on June 16-17, 2020.
Previous requests for release
Magistrate Margaret Quinn in June 2019 . Rivas' defence had submitted medical reports about her poor health, among other arguments.
Magistrate Quinn examined each of the allegations, a set of 30 factors, and decided that they did not constitute exceptional circumstances to grant provisional release.
Following a new request from Rivas before the Federal Court, Judge Wendy Abraham ratified Magistrate Quinn's sentence in October 2019 and denied her again.
