Appeal against extradition to Chile fails

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Three Federal Court judges have dismissed a Sydney woman's appeal against being extradited to Chile where she's accused of being involved in kidnapping seven people during the military dictatorship of Augusto Pinochet.

Adriana Rivas, who immigrated to Australia in the late 1970s and worked as a nanny, has been in custody since her arrest by NSW police in February 2019 following a request from Chile for her extradition.

She's accused of being a former operative for Chile's police and being involved in the disappearance of seven people, including a woman who was five months' pregnant, in the 1970s.

The Chilean government alleges she was part of a Direccion de Inteligencia Nacional brigade that physically and psychologically tortured members of the communist party who opposed Pinochet's regime.

In October last year, a Sydney magistrate dismissed her legal team's objections and ruled the then 67-year-old was eligible for extradition.

Her lawyers challenged the magistrate's decision in the Federal Court, but Justice Wendy Abraham in June dismissed her application for a review.

On Wednesday Justices Debra Mortimer, Robert Bromwich and Stewart Anderson dismissed Rivas's appeal on all 17 grounds argued.

The full court judgment says her counsel's submissions were substantially directed at undermining or contradicting the allegations that Rivas had engaged in offences for which Chile sought her surrender for extradition.

"Those submissions misconceive the nature of the task before the magistrate in determining eligibility for surrender," the judgment says.

"The extradition process does not involve a determination of guilt or innocence."

Rivas was ordered to pay the Republic of Chile's costs in the case.

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