Magistrate Philip Stewart concluded proceedings at Central Sydney Local court on the afternoon of the hearing’s first day on Tuesday.
While the proceedings were originally listed for two days, Magistrate Stewart dismissed the hearings early, as most claims for and against extradition were presented in writing.
During today’s hearing, Rivas' lawyer, Frank Santisi, had an extended discussion with the magistrate.
Santisi claimed that the documents submitted by Chile do not specify or provide enough detail linking Rivas with the crimes she allegedly committed while she was an intelligence agent working for DINA, Pinochet’s secret police in the 1970s.
He argued that DINA wasn’t a criminal organisation per se, and that any crimes would’ve been committed by individuals.
The hearing focused on the request made by Chile in 2014 for Rivas' extradition. Source: SBS Spanish
“No material has presented that states whether she is in any position of decision power or responsibility,” he said.
Santisi then claimed the request for extradition provides insufficient links to the aggravated kidnapping of seven people, for which Rivas is accused in Chile.
The prosecution argued that Rivas' arrest warrant is subject to the procedure and explained that the documentation submitted by the Chilean government is consistent with Australian extradition law requirements, which justifies a person to be provisionally detained.
Magistrate Stewart said it wasn’t possible for him “to know whether Rivas was a subordinated member of the organisation (DINA) or not”.
“It’s not for me to determine that,” he stated.
The magistrate will now have to verify that the alleged crime for which Rivas is accused is equivalent to a crime that would carry a sentence of at least one year in Australia.
Santisi also questioned if Chile’s extradition request is political in nature.
Rivas with former secretary to the DINA head Manuel Contreras. Source: SBS
He told SBS Spanish: "If the magistrate decides that Rivas is extraditable, she will decide whether or not she wants to appeal Magistrate Stewart's decision or whether she wants to move on to the next phase, which is when the attorney general makes the decision of ordering extradition."
Rivas is accused in her country of participating in the aggravated kidnappings of seven people: Víctor Díaz, Fernando Ortiz, Fernando Navarro, Lincoyán Berríos, Horacio Cepeda, Héctor Véliz and Reinalda Pereira, which occurred between 1974 and 1977. Pereira was pregnant.
Since her arrest on February 19, 2019, she has made several unsuccessful attempts for provisional release ahead of the hearing, in the local court of New South Wales and the Federal Court of Australia.
Today’s
Rivas denies all charges and is yet to be convicted of any crime.
