Getting Eitan Biran back to Italy from Israel quickly could be very difficult. And slow, as it could take a year or more. Lawyer Lorenzo Puglisi of the Milan Bar, specializing in family law, explains today in an interview with Republic that the decision on the return lies with the judges of Tel Aviv. “There are two paths that the family members from whom the child has been stolen can follow: that of the criminal report because a crime has been committed that includes arrest and sentence from 1 to 4 years, and the civil one that passes through the 1980 Hague Convention which was signed by Italy and Israel ”. But in any case, the return of the child requires the intervention of the central authorities of the two countries or a return order signed by the Israeli judge. And none of this is simple and short.
Eitan Biran in Israel
According to the lawyer, “the first thing to do is to contact the Central Authority at the minors protection department which will contact the Israeli Central Authority which will have to try to locate the child and then start a family mediation mechanism for spontaneous return. of the little one in Italy “. If this does not happen, “then the decision rests with the Israeli civil court which will have to open a judicial proceeding which is responsible for the decision of a possible repatriation order, naturally after having made an investigation, consulted psychologists, social workers, family members and verified the best interests of the child “. But, and this is a risk not to be underestimated, the judge could also decide to let Eitan stay in Israel.
“There are cases in which the country where the minor was taken may refuse to hand him over. For example, if the social services say that the child in Italy would find himself in a situation of risk or abuse, or in any case of suffering. But the Italian family has a custody on his side and the Israeli one should prove his inadequacy, ”explains Puglisi. And this perhaps partly explains the claims about religious diversity coming from the Peleg family. But above all, for the lawyer, «the real problem is timeliness, times often expand. And then the modalities of this kidnapping suggest that the grandfather may have a certain weight. It is likely that the judge will issue a return order but then even for the simple execution, other months could pass ».
Who is Shmuel Peleg
Shmuel Peleg, Eitan’s grandfather and Tal’s father, 58, has practically moved to Italy since the Stresa-Mottarone cable car massacre. The Corriere della Sera he says that he had arrived for the sad task of recognizing the bodies of his deceased family members and then had been joined by his estranged wife Esther. Which later returned to Israel. A former soldier in the Israeli army, after retirement he became a consultant for an electronics company. The newspaper explains that there are those who say that he had relations with the secret services, but the news is not confirmed by his lawyers, lawyers Sara Cazzaniga, Paolo Polizzi and Paolo Sevesi.
Peleg was in possession of Eitan’s Israeli passport who, born in Israel, also has Italian citizenship. “I’m not a kidnapper,” he said yesterday from Tel Aviv. According to the thesis of his lawyers he would not have committed violations because he was never notified of any ban on expatriation concerning the child. His lawyers also appealed against the decision of the Pavia judge to ask him to return his nephew’s passport by 30 August, which he evidently never did. He had gone to pick him up at home at 11.30. “They parked far away,” Aya explained. His new wife was probably with him. Eitan was happy, his aunt said, because he knew he was going to buy “a toy”.