Israeli court hears appeal of order to send Eitan Biran back to Italy

The Tel Aviv District Court heard Eitan Biran’s grandfather’s appeal on Thursday against a lower court ruling on October 25 to send the six-year-old boy back to Italy to live with his Italian-Israeli aunt.

Biran is the sole survivor of a cable car accident in northern Italy in May. His Israeli grandfather had illegally brought him to Israel from Italy, according to the court.

The accident killed 14 people, including Eitan’s father, Amit Biran; his mother, Tal Peleg; his one-year-old brother, Tom; and his great-grandparents, Barbara Cohen Konisky and Itshak Cohen.

While Thursday’s hearing itself was behind closed doors because Birán was a minor, lawyers, including the president of the Israel Bar Association, Avi Himi, of his paternal aunt, Aya Biran, later told the Hebrew media who hoped the district court would quickly back up the minor. court ruling so that Eitan could return to his normal life.

On the contrary, his grandfather, Shmuel Peleg, tried to avoid questions from the press, while telling the Hebrew media that he was upset that Italy had issued an international arrest warrant against him for allegedly kidnapping Eitan, when he brought him in from return to Israel.

On Wednesday, the Italian newspaper Corriere della Sera He also reported that an international arrest warrant was issued against another man, an Israeli citizen residing in Cyprus, who was in the car with Peleg during the trip.

According to the report, the man often traveled to Italy with Peleg and attempted to attend a custody hearing for Eitan in August, introducing himself as an Israeli lawyer, but then without presenting an official identification card.

“[Peleg] carried out a strategic and premeditated plan that allowed him to take the boy to Israel with him, ”prosecutor Mario Venditti told the Messenger Service In an interview. “The precise investigation carried out by the Pavia police clearly shows that everything was planned in advance in detail from the moment when Peleg understood that he would not be able to obtain custody of the grandson.”

LAWYERS SHMUEL Moran and Avi Chimi, lawyers for the Biran family, held a press conference on Monday following the court ruling that Eitan Biran should be returned to his family in Italy. (credit: AVSHALOM SASSONI / FLASH90)

It was unclear how long the Israeli judicial appeals process would take and there could be an additional appeal to the Supreme Court, but so far, the process has moved at breakneck speed in relation to slow judicial schedules.

Meanwhile, Biran will reside with his aunt, who will remain in Israel until the proceedings are completed.

According to the appeal, the Tel Aviv Family Court ruling was erroneous because it acted as if the Italian courts had already permanently ruled in favor of the Italian aunt, when they had only awarded her temporary custody pending further proceedings. legal.

Furthermore, the appeal said that the lower court did not hear all the critical evidence to discern what was best for Biran.

Furthermore, the appeal alleged that the aunt had blocked grandfather from any access to Biran in the meantime.

The lower court had found that Biran had deeper ties and was more acclimated to his Italian family and surroundings than he was to his Israeli family and surroundings.

Furthermore, the court had said that the grandfather had violated the Hague Convention by expelling Biran from Italy without a court ruling.

Technically, the grandfather could still apply for custody through Italian courts even if Biran had already returned to Italy, but his chances would have been deemed slim.

Italian authorities had previously assigned custody of Eitan to Aya, Amit’s sister, and who is a doctor who lives with her husband O and their two daughters, who are about Eitan’s age, in the suburbs of Pavia.

Eitan’s family had moved to Pavia five years ago so that his father, Amit, could study medicine.

The six-year-old boy was illegally taken to Israel by his grandfather Shmuel Peleg in early September.

Peleg’s lawyers in Italy have acknowledged that he had brought the boy to Israel saying he had “acted on impulse” as he was concerned for his grandson’s health after he was excluded from legal proceedings related to the custody of the child.

Eitan spent most of his life in Italy and there are indications that the parents planned to stay there, at least in the meantime.

However, Eitan’s father had brought the family to Italy to attend medical school and there are also indications that the family planned to return to Israel and raise their children in the Jewish state were it not for the tragedy that occurred. .

Peleg had accused Aya of holding the boy as a “hostage” and of ignoring his Israeli and Jewish identity.

Related Posts

Leave a Reply

Your email address will not be published. Required fields are marked *