Eitan Biran, the little survivor of the Mottarone tragedy, must return to Italy where his usual residence is
.
This was established by the judge of the Tel Aviv Family Court.
It is learned from legal sources.
"The Court did not accept the grandfather's thesis that Israel is the normal place of life of the minor nor the thesis that he has two places of residence", writes judge Iris Ilutovich Segal in the sentence in which he requires the return to Italy, accepting the appeal by Aya Biran, the child's paternal aunt and legal foster.
The child had been flown, without permission, to Israel by his maternal grandfather Shmuel Peleg last September after being taken from his aunt Aya Biran's home in Pavia. The grandfather is under investigation in Italy for kidnapping. Immediately afterwards Aya Biran went to the Tel Aviv Family Court for "immediate return" to Italy on the basis of the Hague Convention. The judge's ruling came about two weeks after the court hearings in Tel Aviv ended.
"While we welcome the ruling of Judge Ilutovich,
we believe that in this case there are neither winners nor losers
. There is only Eitan and all we ask is that he return soon to his house, to his friends at school, to his family. , especially for the therapy and educational schemes it needs. " This is
the comment of the lawyers of Aya Biran's family
- the lawyers Shmuel Moran and Avi Himi - immediately after the sentence of the judge who decided on the basis of the Hague Convention to return the child to Italy.
Paternal aunt Aya
Biran
expressed "great joy"
at the decision of the Tel Aviv Court. It has been learned from legal sources.
Judge Iris Ilutovich Segal has imposed that
the maternal grandfather of the child, Shmuel Peleg, pay the court costs of 70,000 shekels (over 18,000 euros
). The sentence also explains that "the grandfather's thesis according to which the aunt did not have the right to guardianship was not accepted". "With the arrival in Israel, the grandfather - continued the judge - removed the minor from the normal place of life. A removal contrary to the meaning of the Convention and which, in so doing, infringed the custody rights of the aunt over the minor himself" .
"
The family is determined to continue the battle in any way possible in the interest of Eitan, her well-being and the right to grow up in Israel
as her parents wish." The
Peleg family
says so
, whose spokesman Gadi Solomon has announced an appeal against the sentence. "This - added the family - only concerns his removal from Italy, his arrival in Israel and not the good and the future of the minor". Unfortunately - continued the Peleg family - the possibilities and solutions that have been evoked regarding the contacts between the minor with the 2 families, have not been adequately explored, to the full ".
"My colleague Grazia Cesaro and I are happy with the favorable decision of the Tel Aviv Court and the fact that the principles and spirit of the Hague Convention have been applied". This was explained by the civil lawyer Cristina Pagni, who represents in Italy, with her colleague Cesaro (on the criminal front there is the lawyer Armando Simbari) Aya Biran. "We are waiting to understand when the return of the child to Italy will be possible, we will perhaps know in the evening", clarified the lawyer and this also in relation to the fact that the maternal grandparents will have the possibility to challenge the sentence of the Israeli judge.
"
According to the Hague Convention, the decisions that are taken must be immediately enforceable and therefore the return of the child should be quick, in a short time, even if the counterparty has the possibility to challenge the decision
"This was explained by the Milan prosecutor Ciro Cascone regarding the sentence of the Israeli Court in the case of Eitan, clarifying however that" I cannot know if in Israeli legislation there are specific provisions on this point ", ie on the issue of immediate enforceability of the sentence even in the event of its appeal. "It is the decision I expected", added Cascone, who clarified that in similar cases of decisions taken in Italy on the basis of the Hague Convention, the measures are immediately executive even if there is the possibility of an appeal before the Cassation. "The sentence in any case must be executed immediately", he continued.
