Original article: “Que una criminal de lesa humanidad enfrente la justicia”: abogado de víctimas valora avance clave en extradición de Adriana Rivas
The recent ruling by Australian courts rejecting former National Intelligence Directorate (DINA) operative Adriana Rivas González’s attempt to halt her extradition to Chile has been hailed by lawyer Francisco Ugás Tapia, one of the representatives of the victims’ families, as it paves the way for «a criminal against humanity to face national justice.»
Rivas, who served as secretary and right-hand woman to the head of the dictator’s repressive apparatus, Manuel ‘Mamo’ Contreras, is wanted for her alleged involvement in the crimes committed against seven leaders of the Communist Party during the operations of the Lautaro Brigade, a death squad that operated from 1974 to 1977.
Ugás, who is the Legal Head of Caucoto Abogados and represents six of the seven victims’ families, described Judge Michael Lee’s ruling from the Federal Court of New South Wales as a decisive step toward the end of a long judicial battle that has lasted over a decade. The lawyer emphasized not only the technical aspects of the ruling but also the human and symbolic significance of having someone accused of crimes against humanity judged in the country where the crimes occurred.
A «Decisive Ruling» Overruling All Defense Arguments
The Australian justice system specifically dismissed the appeal made by Rivas’s defense against the Australian Government’s decision, which in August 2024 had already approved her extradition. According to Ugás, this new judicial setback leaves the former DINA agent in a very complex legal position, clearing the way for the extradition process to enter its final stage.
«We are pleased with the decisive decision of the magistrate to reject each of the arguments and claims made by Rivas’s defense. It excites us, certainly, to foresee a horizon that will bring a definitive end to this matter, which has spanned over 15 years, starting in 2011 when we first noted her flight to Australia. It also moves us to see the strength, solidarity, and perseverance of the families of the victims and the support group in Australia who have unwaveringly lived through this long, complex, and painful process,» he stated in a press release.
Three Possible Scenarios for Rivas
In his statements, lawyer Francisco Ugás provided a legal analysis of the steps that could follow, outlining three possible scenarios ranging from a quick resolution to a potential, albeit difficult, appeal to higher courts.
The first and most desirable outcome, according to the legal representative, is that Adriana Rivas herself decides to not file any further appeals and consents to her extradition to Chile.
«If Rivas’s defense does not appeal and she agrees to extradition, it would definitively streamline the process and allow us to have her in Chile as soon as possible. This extradition should take place within no more than 2 months, as per the extradition treaty signed between both countries,» he suggested.
The second potential scenario, according to Ugás, involves an appeal to the same Federal Court. However, the lawyer downplayed the chances of success for this option, citing the strength of the original ruling.
«Since Judge Lee’s decision is appealable, if Rivas’s defense appeals, the case will have to be discussed in the Federal Court. It is unlikely that an appeal from that defense could succeed, given the robustness of the arguments presented by Judge Lee in his ruling,» he pointed out.
The third and final scenario, which Ugás labeled as highly complex, would entail an attempt to bring the case before the High Court of Australia, the highest judicial authority in the country.
«Should the Federal Court’s decision be challenged in the High Court of Australia for strictly legal reasons and national interests for Australia, it would require prior approval to appeal that ruling, which is highly unlikely to succeed given the nature of the case,» the legal professional stated.
«Inevitable Destiny»: A Call for Justice Against a Criminal Against Humanity
Francisco Ugás made a direct appeal to Rivas’s defense and to Rivas herself to end the delaying tactics they have employed for years and to facilitate her appearance before Chilean justice.
«We obviously hope that she will soon be available to Chile’s justice system, so ideally, she should consent to proceed with the extradition. We urge her and her defense not to prolong the occurrence of an inevitable destiny, which is that a criminal against humanity faces national justice,» he asserted.
Adriana Rivas’ History and the Crimes She is Accused Of
To contextualize the importance of the case, it is crucial to recall Adriana Rivas’ profile, known within the repressive apparatus as «La Chani,» who was the right-hand woman and personal secretary to DINA director Manuel «Mamo» Contreras. Her work extended beyond administrative tasks; according to investigations, she actively participated in repressive actions.
The Chilean State seeks her as a co-author of the qualified kidnappings of seven victims: Víctor Díaz, former General Secretary of the Communist Party; and the leaders and militants Fernando Navarro, Lincoyán Berríos, Horacio Cepeda, Juan Fernando Ortiz, Héctor Véliz, and Reinalda Pereira, the latter of whom was five months pregnant at the time of her arrest. All were detained by the Lautaro Brigade, the group to which Rivas belonged, and subsequently tortured and disappeared.
In her statements, Rivas has denied being an operational agent of Lautaro, claiming she was merely fulfilling administrative duties. However, investigations reveal multiple testimonies from former agents and collaborators linking her as an active member of the feared brigade that operated at Simón Bolívar barracks, one of the most brutal torture centers of the dictatorship, where she has been described as a ruthless interrogator.
The former DINA agent was facing charges related to these crimes that prompted her extradition, under provisional release on bail and barred from leaving the country when in 2011 she decided to flee to Argentina and then established herself in Australia to evade accountability for her role in crimes committed during the dictatorship.
Minister Miguel Vázquez Plaza requested her extradition in 2013, and the Chilean Supreme Court deemed the request valid in early 2014, which was subsequently formalized by the Chilean State with Australia.
Finally, in 2019, she was arrested in Sydney after living in the country for over three decades. With Judge Michael Lee’s recent ruling upholding her extradition, the lengthy process enters its final and decisive stage for Adriana Rivas, “La Chani,” to finally face Chilean justice for her alleged role in one of the darkest chapters of repression during the dictatorship.
