The boy who survived the cable car disaster about six months ago will return to Fabia, Supreme Court Justice Stein clarified: “Custody matters will be discussed in the courts in Italy.” The boy’s grandfather flew him to Israel about two and a half months ago, and since then he has lost in all courts in Israel and Italy. His aunt’s lawyers: “A sigh of relief”
About six months after the disaster in which all his family members perished and two and a half months after he was flown to Israel by his grandfather Shmuel Peleg, the Supreme Court has finally ruled that 6-year-old Eitan Biran will be returned to Italy by December 12. In Supreme Court Justice Alex Stein’s decision, Byrne is referred to as “the minor.” Justice Stein rejected the grandfather’s request to hold a “substantive hearing regarding custody rights and the best interests of the minor” – this, since according to the Hague Convention – regarding the return of abducted children to their countries of residence – this hearing should take place in an Italian court. .
The Supreme Court judge upheld the district court’s ruling, but noted that the Supreme Court clarified that the relief granted to his aunt Aya Biran was “first aid” under the Hague Convention, and “does not stipulate anything on questions of custody, adoption and other matters to be discussed” In the courts of Italy. ” Attorneys Shmuel Moran and Avi Chimi, his aunt’s attorneys, said: “We welcome the Supreme Court’s ruling, which we believe is legally, morally and humanly correct.”
According to them, “This is a sigh of relief, at the end of an unfortunate chapter, and especially harmful and unnecessary for little Eitan. We are sorry for the additional upheaval that Eitan went through after the terrible disaster, “To return to his family in Italy, including his grandparents, the parents of his late father, and to all the frameworks from which he was taken in one, the medical, the mental and the educational.”
They called on the Peleg family to put an end to the “legal battles”: “We hope that now, in view of their actions, and the criminal consequences of their actions, “Their forceful way, so that maybe, just maybe, things can return to an optimistic path of rehabilitation and reconciliation.”
Last month, the district court ruled that Biran should be returned to Italy, and the grandfather appealed the decision. The verdict states that Eitan will be returned “to his usual place of residence in Italy”. In addition, the judge ordered the defendant, Grandpa Peleg, to pay expenses and attorney’s fees in the amount of NIS 70,000.
About three weeks ago, the Italian newspaper Corriere de la Serra reported that an international arrest warrant had been issued against Grandpa Shmuel Peleg. According to the report, an international arrest warrant was also issued against businessman Gabriel Abutbul Alon (50) – claiming that he “assisted in the abduction” when he drove the grandfather and grandson from Fabia in Italy to Lugano in Switzerland. The arrest request was transferred to Israel, where the grandfather lives, and to Cyprus, where Alon lives – who is allegedly connected to an American military company.
Peleg, it will be recalled, traveled with Eitan to the border between Italy and Switzerland, where he – in a private plane he had rented ahead of time – flew with him to Israel. Eitan’s aunt, Aya Biran, waited for Eitan’s return from the meeting with his grandfather at 18:30 as agreed – and only at 20:00 did she receive a message from her grandfather that Eitan had “come home”. Three days later, Aunt Aya filed a lawsuit for the abduction of a child under the Hague Convention in Israeli court.