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A former nanny from Sydney is set to be extradited to Chile to face charges of kidnapping after losing a prolonged legal fight to stay in Australia.
Adriana Elcira Rivas, who moved to Australia in the late 1970s, worked as a nanny in the eastern suburb of Bondi. Her arrest by NSW Police in 2019 was prompted by a request from the Chilean government.
For seven years, Rivas has been in custody, contesting her extradition to Chile, where she is wanted on seven counts of aggravated kidnapping.
Now in her 70s, Rivas stands accused of being involved in the disappearance of seven individuals, which includes a woman who was five months pregnant, during her time with Augusto Pinochet’s secret police.
Rivas has consistently denied these charges, arguing that her extradition should be halted as it could lead to her being prosecuted for crimes against humanity.
But the argument that the offences had been mischaracterised was “misconceived”, Justice Michael Lee told the Federal Court in Sydney on Tuesday.
“The materials do not suggest the offence for which extradition is sought is anything other than the offences identified throughout the request … namely aggravated kidnapping,” he said.
Rivas’ contention that the government failed to consider the time limit for prosecuting the kidnapping offences had expired was similarly flawed, the judge determined.
“The applicant has failed to demonstrate that the minister’s decision was affected by jurisdictional error,” Lee said.
Chileans’ long quest for justice
The ambassador and consul-general of Chile sat in the public gallery as the decision was handed down.
Families of Chileans who vanished or were killed during Pinochet’s rule had packed the courtroom during the two-day hearing, but were not able to be in the court for the decision.
Tens of thousands of Chileans came to Australia after the dictator violently overthrew the nation’s elected socialist government in a 1973 coup.
About 40,000 people were killed, tortured or imprisoned for political reasons before the end of his ruthless reign in 1990.
Rivas is accused of playing a role in a Direccion de Inteligencia Nacional brigade that physically and psychologically tortured members of the communist party who opposed Pinochet’s regime.
Adriana Navarro, who represents the families, previously said more than 1,100 Chileans have still not been found.
“We have a very good idea of what happened to them, and we think Rivas may do too,” Navarro told AAP outside court during the hearing.
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