The six-year-old Eitan, the only survivor of the cable car accident on Lake Maggiore with 14 dead, has to be brought back to Italy by December 12th. This was decided by Israel’s highest court in Jerusalem on Monday, which confirmed previous judgments of the family and district courts. With the decision, it rejected an application from the boy’s Israeli grandfather who wanted to keep the child in Israel. The grandfather has to bear court costs of the equivalent of 7,000 euros.
The boy, who had lived with his family in Italy and who lost both parents, his little brother and two great-grandparents in the accident in May, was initially taken in by his paternal aunt in Pavia. In mid-September he was flown to Israel by his maternal grandfather in secret and contrary to a court order. The court rated this as a kidnapping.
The grandfather doesn’t want to give up
The verdict states that the child must be returned to his aunt’s care in Italy. This is done in accordance with the Hague Child Abduction Convention, which both Israel and Italy have signed up to. An attorney for the aunt said, according to Israeli television, that they responded to the verdict with relief. “It is the end of an unfortunate chapter that was harmful and superfluous, especially for little Eitan.” According to the report, the grandfather’s side announced that the State of Israel had “given up a Jewish child and a helpless Israeli citizen” with the verdict. One will continue to fight with legal means that he can come back to Israel.
Eitan’s grandfather at a court hearing in Tel Aviv on November 11th. He argues that his daughter planned to return to Israel with her family.
(Photo: Ariel Schalit / dpa)
Eitan was born in Israel but moved to Italy with his parents shortly after he was born. His late father’s sister, Aya Biran-Nirko, had argued that Pavia was the boy’s home. He should have started school in Italy in September. The court in Jerusalem also found: “There can be no doubt that the focus of the minor’s life before his abduction to Israel was in Italy.” However, his mother’s family living in Israel said the parents were planning to move back to Israel. The boy should grow up in Israel.
The question of custody now needs to be resolved legally in Italy. An appointment before the juvenile court is due in Milan on Wednesday. There the grandfather and the family living in Israel want to have their aunt’s guardianship withdrawn.
According to media reports, the public prosecutor in Pavia has issued two international arrest warrants against the grandfather and an alleged accomplice. In addition, the extradition of the two men had been requested. The public prosecutor’s office in the northern Italian city accuses the two men of strategically planning to bring the boy to Israel. According to media reports, the accomplice was arrested in Cyprus on Thursday, but was released pending a hearing on December 2nd.
It was not until the beginning of November, five and a half months after the accident, that the crashed gondola was removed. A heavy-duty helicopter flew the cabin from Monte Mottarone into the valley, it had previously been wrapped in foil so that no evidence would be lost during the flight into the valley. It was then brought into a hall by semi-trailer, where it will be examined further by experts. The gondola fell on Pentecost Sunday because the pulling rope broke shortly before the mountain station. According to previous knowledge, safety brackets were blocked and thus an emergency braking of the gondola was prevented. Several employees of the operating company are being investigated.