Shmuel Peleg tried to hold back his tears as he looked at his grandson, 6-year-old Eitan Biran, sitting on the blue sofa in the welfare offices in Tel Aviv and building spaceships from the new Lego stones he bought for him.
Since the Tel Aviv Family Court ruled that Peleg abducted the child and ordered him returned to Italy, the two are only seen under the auspices of a contact center, which allows for supervised meetings between their children and their parents, usually in cases of divorce or domestic violence.
Peleg, Lt. Col. (Res.), Lost his daughter Tal, his grandson Tommy and his son-in-law in the cable car disaster in Italy. From me, three weeks ago, I felt he was disappointed in me.
He stopped hugging me and jumping on me.
I see how the open and chatty child, who has not stopped talking about how happy he is to live in Israel, closes in on himself.
My heart is torn.
I promised him he would live here with us, but the court ruled otherwise.
"On Monday this week it opened up a bit. Maybe because I came with his two aunts, Gali and Aviv, and they kept making him laugh. We played Pokemon cards, and then he took my phone to take a selfie with me. I decided to talk to him gently about returning to Italy because I knew that Aya, his father's sister, had already talked to him about it. I asked him what he thought, but Eitan sealed and said he did not want to talk about it. His parents or about the disaster.
"I told him I loved him, that we would come to visit Italy, and that he would call whenever he wanted."
It is not certain that Samuel will be able to keep his promise to come to Italy, certainly not in the near future.
About a week ago, an international arrest warrant was issued against him in Italy, which means that as soon as he sets foot there, he will be arrested for a criminal investigation on suspicion of kidnapping.
Were you surprised by this order?
"Very. I did not try to be a hero or play her James Bond. I am Ethan's grandfather and I wanted to save him because we seemed to be transmitting distress."
Is the arrest warrant and the criminal investigation in Israel on suspicion of kidnapping worth the risk?
"If the meaning of Eitan's freedom is my lack of freedom, then yes. His goodness comes first. A miracle happened to us, and God managed to save him once. I tried a second time, and in the meantime I failed. But we appeal to the Supreme Court, and I hope they will think otherwise. It is in Eitan's best interest in the center and to keep him in Israel. "
"In its decision, the district court held that" with all the understanding of the appellant's pain, there is no escape from dismissing the appeal.
We order his return to Italy within 15 days ... We would like to express hope that even though the appellant illegally removed the minor, the minor will be allowed to meet his grandfather in Italy as well. "
The legal system in Italy did not accept your claims, and neither did the courts in Israel. Why do you think this will change at the top?
"I hope the Supreme Court will put Eitan's good in the center. One day, not very far away, Eitan will google about the struggle around him. He will see there that I fought for him to the end, and that at no point did I give up."
With Eitan at the contact center, this week.
"I told him I love him, that we'll come visit Italy, and call him whenever he wants," Photo: From the family album
Bedding with a Spiderman pattern
Near the front door of Shmuel (58)'s apartment in Petah Tikva, there is a motorized motorcycle for children and a new plastic basketball facility, which was purchased for Eitan as soon as he arrived in Israel.
These are the last reminders that have not yet been delivered to the warehouse, along with all the toys that have filled the living room.
Eitan's bedroom also looks orphaned.
Only bedding with the Spiderman pattern has yet to be washed.
"I collected all the games, puzzles, pencils and balls, because I couldn't see them anymore," says Shmuel in pain.
He lives in the house alone;
20 years ago, he divorced Tal's mother, Etty.
"The warehouse is full of superhero toys and dolls. They reminded me of Eitan and the fun we had during the month I was in Israel. We went to the sea, went to Latrun because he wanted to see tanks, and we even celebrated his 6th birthday late. The extended family in Israel.
"He was excited about the event and decided to organize more family parties. He drew a heart, asked me to write about him inviting everyone to a pajama party or a Spider-Man party and sweets, and asked me to send in the family WhatsApp. But my favorite was when he sometimes went to bed and held my hand ".
Countless words were spilled about the horrific tragedy that occurred on the afternoon of May 23 this year, on the summit of Mount Motrona in northern Italy.
Fifteen people got into the red cable car that led to the summit, including Eitan and five members of his family: his mother Tal (27), his father Amit (30), his brother Tom (two years old), and with them Tal's grandfather, Izzy Cohen (81) and his wife, Barbara Koninsky Cohen (71 ).
When they reached the final stop, a second before the doors opened, one of the cables tore and the cable car rolled back at high speed, until it fell to the ground from a height of more than 20 meters.
Eitan was the only survivor in the accident and was hospitalized in Turin, suffering from crises in all parts of his body.
He recovered miraculously, and three days later opened his eyes.
Shmuel, who served as the head of the communications division for special operations in the navy and is currently the head of a department at Hot Mobile, recounts his recent conversations with his daughter.
“She, a colleague and the kids have been here for months during 2020 because the eruption of the corona has started in their area.
"The last time they stayed in Israel was last December. They came on Hanukkah for a month, and stayed to sleep with me. After the children fell asleep, the three of us sat on the porch and talked about their return to Israel in June 2022, after Shetel graduated with a bachelor's degree in psychology and a colleague.
"One night, before returning to Italy, Tal came into my bedroom and sat next to me. Today, in retrospect, I think it was a kind of farewell call. She said, 'Dad, I feel like I'm missing you. You are not telling me about yourself. Open up, I Not a little girl. 'I promised her it would change, but unfortunately I did not keep my word.
"Around April of this year, Tal and Amit moved to a larger apartment in Fabia. Since they had another month until the end of the lease on the old apartment, she insisted that I come and stay there. I told her I had a lot of work to meet in the summer. "It happens if I went to her apartment. There is a chance I would get on the caravan with them."
Eitan with his parents and brother, who perished in the disaster, Photo: Courtesy of the family
He shows me on his cell phone the messages that Tel sent him, and is arrested for a photo of her ID card, which was required for the renewal of Eitan's Israeli passport.
"She asked me to collect his passport from the post office. I was going to bring it to her in the summer.
"The night before the disaster, I talked to Tal for the last time. She sent videos of the children and said that they sailed on Lake Maggiore, that Eitan is happy, and that the next day they plan to take the cable car. I told her I would talk to her in the afternoon, when she was on her way home."
He then shows me an unanswered call from the day of the disaster, at 10:10 p.m.
"Tal called me from a colleague's phone," tears flowed from his eyes, "I have no idea what she wanted to tell me. This is the time when they left the hotel and were on their way to Motrona.
"I went back to her in the afternoon, but the phone was not available. I called a colleague, but he was also not available. I assumed they were in a non-reception area. I did not know that the disaster had already been reported in the media.
"In the evening, Amit's mother called with broken cries. She screamed: 'Tal is dead, Amit is dead, Tommy is gone, Eitan is in a critical condition.'
"I kissed Tal and cried"
The tragedy of the Biran and Peleg families began as a terrible partnership of fate, but within a few days it became a tumultuous family saga.
Samuel immediately flew to Italy and arrived the next morning.
At Eitan's bedside in the hospital he met Aya.
"We hugged. We were all in shock and grief then. Eitan was in the intensive care unit. Tubes came out of his body, and his legs and hands were in a cast. Aya told me she was in control of the situation and talking to the doctors. I told her I trusted her to mess with Eitan because I had to give back. The five closets to the land.
"I went into the vending machine. I told a representative from the Israeli embassy in Italy in Rome that I wanted to see the bodies. They took me to the pathology institute.
"I saw little Tommy first. His face was calm. I kissed him. After him I went to Tal. I saw blue marks on her. I hugged and kissed her, and cried. I told her I loved her and apologized for not keeping her on the cable car. Then I kissed Amit, and I said goodbye too. From Etty's father and his wife. "
Samuel stood up with tears in his face.
"I have never cried," he says, "but since Thal was killed I have learned that it is possible to cry even out of sleep, out of control."
He takes a blue plastic cup from the kitchen with a drawing of a snowman on it, and pours himself water.
"It's Ethan's pussy. I can not put it in the warehouse. I only drink from it now."
The cable car after the disaster.
"Since then I have learned that it is possible to cry even out of sleep, without control," Photo: E.
times
That night, after identifying the bodies of his loved ones, and taking care of the objects left behind, he returned to the hospital.
"Aya informed me that a judge would come the next day, and it should be decided who would take custody of Eitan, because otherwise the state would transfer him to a foster family. She offered herself, since she is a doctor and speaks the language.
"At this point I agreed with her, and added a sentence that I remember to this day: 'I do not know what will happen next, but Eitan needs to move to Israel.' She replied: 'I understand that the situation has changed. Maybe we will have to move to Israel.' "They are responsible for Eitan, and she suggested that I ask the judge."
Guy (32), Tal's brother, was also present at the hospital hearing.
"There were 30 people in the room, and everything was done in Italian," recalls Shmuel.
"At one point I told the judge in English the word 'temporary', so that it would be clear that it was a temporary guardianship. She repeated the words and nodded. I left feeling that Aya would be responsible for the medical issue, and after the funerals and swearing we would decide together how to proceed."
"Treat us like strangers"
The next day Shmuel flew to Israel with the coffins.
The next day Eitan opened his eyes.
"On May 30, four days after I returned to Israel, I flew to Italy again. Aya said a court decision had already been made, and it was determined that she was Eitan's guardian until the age of 18. I was angry. I told her that was not what we decided, we talked about temporary custody and agreed I suggested that we go to the judge the next day and clarify matters, but she refused.
"From that moment on I was dizzy. I felt like I was pimping on Ethan's future. 20 minutes stood by his bed, anesthetized and respirated, and a decision was made about his life without considering what was good for him. No social worker or psychologist spoke to him after he woke up.
"If I suspected that Aya was trying to obtain permanent guardianship over Ethan, I would stop the hearing on the spot, refuse to attend it and call a lawyer. The plan was that she would be responsible in case it was urgent medical treatment.
"Today I know that nothing there went right. The Turin judge had no authority to hear the case of a boy from Fabia, there was no orderly interpreter, I did not get near any protocol, and also the decision Aya sent me only after I asked. From that moment most of my days were "Around the courts in Italy. We appealed the judge's decision in Fabia, and we applied for custody of the court in Milan."
The appeal in Fabia was dismissed.
Ethan with his grandmother, Etty Peleg, during his rehabilitation in Italy.
Samuel: "I hope my lawyers in Italy will succeed in revoking the order,"
Eitan was released from the hospital on June 10 and taken to Aya's home.
Tensions between the Emir families and new highs.
"There we felt our grip on it collapse. We were on the Israel-Italy line all the time, and me and I did not work at all. Aya is the one who decided when the visits and for how long. I am Eitan's grandfather, why should I beg to see him? Why should I accept Answer that weekends are for his family, without taking me into account? I'm not his family?
"I felt we were treated as if we were strangers, doing everything we could to keep us away and prevent us from meeting him. Ethan was experiencing a terrible tragedy, he lost his parents and brother, and it's just the time to wrap him up, not reduce the family around him.
"This situation exhausted and discouraged me. No decision related to Eitan passed through us, and was not made in consultation with us. When the court allowed us to take Eitan for a walk outside, we had a feeling that after each visit he did not want to return to Aya. He asked me more than once if he Can fly to Israel. "
"I realized there was a breakthrough"
On September 3, the first roots were planted, leading to a plan to fly Ethan to Israel under his aunt's nose. "My Italian lawyer asked me to come to her office in Milan to prepare a summary of all the legal proceedings. There, for the first time, she said that after an in-depth examination of all the documents we have, it appears that Aya does not have full custody rights. The court in Turin ruled that Aya was only responsible for the medical proceedings and his property.The lawyer argued that in fact, no one was fully responsible for Eitan until the age of 18. She described the situation as 'legal void'.
"I sat there for three hours and realized that a breakthrough might have been found. Then I remembered Eitan's passport, which I had. I told the lawyer about Aya's claim, that the court in Fabia ruled that she could demand the passport. The lawyer said that as long as no order was issued, I did not Obliged to hand over her passport. My next question was if there was anything delaying Eitan's departure to another country. The lawyer said she had never received any order from the court.
"I left it in the direction of the hotel, and thought for the first time about the possibility of bringing Eitan to Israel. On the one hand, I now understood that it was legal. On the other hand, I knew that Aya would fight, that there would be a symposium in Israel and Italy. Another Italian, from whom I received the same answers.
"For a few days it was the only thing that preoccupied me. I did not share the idea with anyone because I wanted to stay with a clean head, without the influences of others. It was important to me that this be my decision."
Maybe you did not share because you knew it was a problematic move, which could complicate you criminally?
"That's not true. I'm a coward, I would not dare do anything illegal. I am only acting in Eitan's favor, and I have fulfilled my daughter's unwritten will. It does not make sense that the judge did not appoint Eitan as a social worker, who would examine what decision was in his favor.
"Before my eyes was the realization that as time went on, I might find myself completely disconnected from them. The connection between the families only deteriorated. I formulated the plan one day before we flew to Israel."
Bag with clothes and snacks
Through an acquaintance, a connection was established between Shmuel and a citizen from Cyprus, who agreed to serve as the driver of a rented vehicle and drive him and Eitan.
"At the same time, I ordered a private plane to wait for us in Switzerland and cost 60,000 euros. It was clear to me that I was not dragging Eitan for a commercial flight, both because he was still using a treadmill and because of the corona."
At noon on September 11, Shmuel picked up Eitan from Aya's house for a pre-arranged meeting.
They were supposed to walk in the park next to their house, and return home around 6:30 p.m.
"We got in the car, and Ethan and I were sitting in the back," he recounts for the first time on the way out of Italy.
"I brought a bag with clothes, snacks, toys and playing cards. I was calm. We drove for an hour and a half on the highway towards Lugano in Switzerland. On the way I asked Eitan if it was okay for him to go for a walk and he replied in the affirmative. All the way he played and laughed."
If everything is legal, why move to Switzerland and not take off from Milan?
"In terms of travel distance from Fabia, Lugano and Milan are the same. What made the difference was the private plane and the flight that would suit my times. Only in Switzerland was there such a flight. Throughout the trip I checked with Eitan that everything was fine.
When did you tell him that you were flying to Israel?
"I planned to tell him when we got to the airport. I figured if he refused, we would come back. The border with Switzerland is open, and we passed him without a passport check. When we approached the airport, and Eitan saw the planes, he told me he wanted to fly to Israel. I asked him several times, 'Are you sure you want to fly?', And he was overjoyed.
"The driver brought us to the plane, where a policeman from the border police approached us. He identified Eitan and asked me if it was the boy who survived the cable car disaster. I answered in the affirmative. He asked for our passports, and went to check them with the Israeli embassy in Switzerland and the Italian police."
Didn't the thought cross your mind that you were kidnapping Ethan? After all, you did not have Aya's approval and two courts in Israel ruled that it was a kidnapping.
"This is not a kidnapping. Two Italian lawyers made it clear that I had no problem flying with him. I did not smuggle Ethan in a suitcase, I did not forge a passport and we did not fly under a false identity. Everything was kosher. After 20 minutes the border policeman allowed us to fly."
Do you know that in Israel the punishment for abducting a minor from custody can reach seven years in prison?
"I can not say that today I am not afraid."
"We quickly passed border control"
While Aya was waiting for Eitan and trying to reach Shmuel by phone, he had already landed at Ben-Gurion Airport.
"Eitan was very excited," he smiles, "only then did I call me and our children and announce that I had brought Eitan with me. Everyone was in shock, but supported me.
"We had no problem entering Israel. As with any private flight, our passport photos were sent to Israel Airports Authority 24 hours before we arrived. We quickly passed the border checkpoint. When we left the field, I knew Eitan had finally returned home, and that was the message I sent to Aya."
You are basically ignoring the fact that the child grew up in Italy for six years.
"I have never done that. All along I have argued that if the authorities in Israel or Italy conduct an in-depth investigation into Ethan's well-being, and at the end conclude that Fabia is the right place for him, I will accept it. The problem is that to this day no one has spoken to him. He wants".
The day after he landed in Israel, a police complaint was filed against Shmuel on suspicion of kidnapping.
Two days later, Shmuel was summoned for questioning by the Central District Police Fraud Unit, and was released on a five-day house arrest.
"I told them what I'm telling you now: I acted legally, consulted with lawyers, and there was no impediment to flying Eitan to Israel. Aya also took him on a nine-day vacation in the summer, and did not announce in advance. "My wishes did not exist for her."
"Any investigation is stressful to me"
Aya Biran arrived in Israel on September 19, and has been in the country ever since.
She appealed to the Family Court through attorneys Avi Chimi and Shmuel Moran and asked to declare that Eitan was abducted by Shmuel under the Hague Convention. A restraining order for Eitan to leave Italy, issued by the court in Fabia on August 10, at Aya's request, it is not clear why he was not sent to Shmuel's lawyers.
In its decision of October 25, Judge Iris Ilotovich-Segal ruled that Eitan's place of residence was Fabia, not Israel, and that the custody dispute in Italy should be managed.
She noted that Aya's appointment as Eitan's guardian was made after an in-depth examination.
Peleg was ordered to pay NIS 70,000 in attorneys' fees.
"From that moment on, Aya decided on her own not to bring Eitan to me," says Shmuel. "I waited for him outside, but they did not come. I went to court, where it was decided that I could only meet him through the Ministry of Welfare and under supervision."
At the same time, Shmuel appealed to the Tel Aviv District Court through attorneys Ronen Daliahu and Maxim Lipkin, as well as Hagai Halevi and Idan Sever from the office of Adv. Boaz Ben Tzur, and appealed the decision to return Eitan to Italy.
On November 11, the appeal was rejected, and Peleg was required to pay Aya another NIS 50,000 in legal fees.
Adv. Daliahu. "Appeals to the Supreme Court", Photo: Gideon Markovich
Even before he faced the rejection, it became clear to him that an arrest warrant had been issued against him in Italy.
"I was naive," he says in disappointment, "I was sure that the issue of guardianship would be opened in Israel."
Don't you think she loves her nephew? He is the only family member left to her from her brother.
"I did not say she did not like him. Even today, with all the bad blood between us, I think everything should be done for Ethan's sake. He has two families, and that's what I told him all the time. But the other side acted as if only they existed."
Does the arrest warrant issued against you stress you out?
"Any investigation by the police is stressful to me, but no extradition request has been submitted to Israel. I hope that my lawyers in Italy will succeed in revoking the order."
If the order is not revoked and your appeal is denied, you may not see Eitan for many years.
"I have a horror script in my head, according to which I will not see Eitan until he reaches the age of 18."
"What's left of my girl"
When the night envelops Shmuel's apartment, he goes out to get some air on the balcony and leans over to the armchair where he sat with Eitan about two months ago, in a photo that was published in the media after landing in Israel.
"Aya asked for any object that remained from Tal, claiming that everything now belonged to Eitan. She also wanted what was on Tal's body. Come, I'll show you what's left of my girl."
He goes to his room and returns with a yellowing envelope.
He takes out a brown leather wallet, dirty with mud, and carefully pulls out a painting of Ethan, in which he scribbles with a colored marker four figures symbolizing his family.
In another compartment of the wallet, a ten-euro bill was left folded.
A transparent bag with Tal's wristwatch, which is still working, a delicate silver necklace and four gold rings, including the wedding ring, also protrudes from the envelope.
"How can you be so cruel and try to get your hands on what belongs to my daughter?", His eyes watered again.
What would Tal think of what you did?
"I'm sure she's looking down on me and is proud of me. Sometimes I dream about her at night, that we sit in front of each other and talk about them."
בא כוחו של שמואל, עו"ד רונן דליהו, מציין כי עורכי הדין מתכוונים לטעון בבית המשפט העליון על המונח "מקום המגורים הרגיל" של הקטין, שלדעתם הוא ישראל. "הוריו נסעו לתקופה קצובה לאיטליה לשם לימודים, והתכוונו לחזור לישראל. זה המקום הטבעי לקטין, כפי שהוריו רצו וייחלו, שיגדל כישראלי וכיהודי. את זה בית המשפט צריך לראות לנגד עיניו כטובת הקטין.
"בנוסף נטען על ממעמדה של איה כאפוטרופסית. מערכת המשפט באיטליה שונה מזו בישראל, ויש שם מושגים שונים המתייחסים לאפוטרופסות. יש 'סמכות הורית', שהיא למעשה המשמורת, ויש רמה אחת נמוכה יותר - ואת זה קיבלה איה. על כל פעולה היא נדרשת לקבל אישור בית משפט באיטליה. זה עלה גם מהמסמכים שהיא הגישה לבית המשפט בישראל.
"עוד עולה כי ההליך בנושא קביעת האחריות לאיתן היה לכאורה לא תקין. ההחלטה ניתנה לאחר דיון של 20 דקות, בלי פרוטוקול ובלי למנות עובדת סוציאלית או פסיכולוג ניטרלי מטעם בית המשפט. קשה למשפחה להשלים עם תוצאה שכזו.
"ממידע שמועבר אלינו, גם כלי התקשורת באיטליה, שעד עכשיו תמכו רק במשפחת בירן, מתחילים לפרסם תחקירים הנוגעים לתקינות ההליך המשפטי. הרשלנות לכאורה החלה עם האסון, וכדאי שלא תיגרר לתוך ההליכים המשפטיים".
תגובה
"פלג מוסיף עתה חטא על פשע"
באי כוחה של איה בירן־נירקו, עורכי הדין שמואל מורן ואבי חימי, מסרו בתגובה: ״כל הטענות, המופרכות ממילא, שמשמיע שמואל פלג שוב ושוב, נדחו אחת לאחת בידי שתי ערכאות שיפוטיות - בארץ ובחו״ל - בפסקי דין מנומקים ומבוססים, ובאופן גורף ומוחלט. הניסיון של מר פלג להעלותן שוב ושוב לא יהפכו אותן לא לעובדות ולא לאמת. צר לנו שבמקום לקבל את הדין, מר פלג רואה בחוק כהמלצה בלבד, ודי בלהזכיר את החשדות הפליליים החמורים כלפיו ואת צווי המעצר שהוצאו כנגדו.
עו"ד שמואל מורן,
עו"ד אבי חימי, צילום: אריק סולטן
"העובדות הן - והדברים ידועים לו היטב - שבאופן עקבי מר פלג לא כיבד את החלטות בית המשפט בענייני הסדרי הביקור בישראל. למעשה, קרוב לשבועיים מר פלג לא שיתף פעולה עם החלטות בתי המשפט בענייני הסדרי הביקור, לאחר מתן פסק הדין שקבע כי ביצע חטיפה.
"More than that. Aya Biran's lawyers approached again and suggested that Mr. Peleg finally let Eitan return to his life, to the interrupted psychiatric care and to the school. Eitan needs peace and rehabilitation.
"Mr. Peleg and his accomplices took the law into their own hands and committed an act of kidnapping that will not be done. By refusing to let Eitan return to his home and life routine, they are now adding sin to crime. , However, is not surprising.
"The Biran family, for their part, will not give in to unnecessary exposure of the shameful affair created by Mr. Peleg himself, and sees no need at the moment to reveal what happened in Eitan's life in the months leading up to the abduction. We are sorry the grandfather still sees himself before his grandson
tala@israelhayom.co.il