Bondi Nanny’s Extradition Appeal: A Case Overview

Key Points

• The Chilean government seeks Adriana Rivas’ extradition.
• Rivas, a former Bondi nanny, faces aggravated kidnapping charges.
• Her last-ditch extradition appeal is underway in the Federal Court.

  Adriana Rivas, a former nanny and cleaner from Bondi, Sydney, is fighting against her extradition to Chile, where she is wanted on charges of aggravated kidnapping dating back almost five decades.

  The latest development in her case emerged in mid-October, leading to a case management hearing at the Federal Court in Sydney. Rivas’ lawyer, Sean Baron Levi, filed an appeal during the hearing to block her extradition, citing the principle of double criminality.

  Rivas has been imprisoned in Australia since 2019 following her arrest based on Chile’s extradition request. Baron Levi argued that the alleged criminal act in Chile did not align with Australian laws, thus failing to meet extradition treaty conditions.

  The lawyer representing the Chilean government, Trent Glover, expressed readiness to review the medical evidence provided by Rivas’ legal team. The presiding judge has set a deadline for the submission of relevant evidence by March 7, with the next hearing scheduled for March 10.

  Adriana Rivas’ Extradition Battle
  

  Years of legal battles have kept Rivas detained in Australia as she contests extradition to Chile, where she faces multiple charges related to her involvement in intelligence operations during Augusto Pinochet’s dictatorship.

  Despite previous court rulings in favor of her extradition, Rivas has persistently appealed each decision. The recent case management hearing at the Federal Court marked her latest attempt to avoid being sent back to Chile, with the presence of the Chilean ambassador adding to the significance of the proceedings.

  The Chilean government reiterated its commitment to securing Rivas’ extradition, emphasizing the importance of addressing human rights violations and crimes against humanity. The case remains a prolonged legal saga, prompting calls for a timely resolution to provide justice for the victims and their families.

  Allegations Against Adriana Rivas
  

  Rivas faces accusations of involvement in the kidnapping and disappearance of members of Chile’s communist party during the 1970s while serving in the National Intelligence Directorate (DINA). Her tenure at DINA, known for its brutal practices of torture and extermination, has brought her under intense scrutiny.

  In a 2013 interview, Rivas denied direct involvement in illegal activities but defended the use of torture as a necessary method to extract information. She expressed no regrets about her past role within DINA, highlighting the privileges and opportunities it afforded her.

  Having relocated to Australia in 1978, Rivas built a new life as a nanny and cleaner in Bondi, only to face legal repercussions during a visit to Chile in 2006. Her subsequent flight back to Australia led to her arrest in 2019, marking the beginning of her protracted extradition battle.

  The ongoing extradition proceedings underscore the complexities of addressing historical human rights abuses and the challenges of reconciling past actions with present-day accountability.

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  FAQs

  1. What is the principle of double criminality in extradition cases?
  The principle of double criminality requires that an act must be considered a crime in both the requesting and extraditing countries for extradition to proceed.

  2. How long has Adriana Rivas been fighting against extradition?
  Rivas has been contesting her extradition to Chile since 2019, facing multiple legal challenges and appeals along the way.

  3. What are the implications of the Chilean government’s extradition request for Rivas?
  The extradition request signals Chile’s commitment to pursuing justice for past human rights violations, underscoring the significance of Rivas’ case in addressing historical atrocities.