This newspaper did not deal with the kidnapping of little Eitan Brian Aya , the only survivor of the tragedy of the Stresa-Mottarone cable car, because it does not normally deal with news. Leafing through the international press, however, and especially that of Israel, one realizes that the story transcends the news. Pending today’s hearing in Tel Aviv, public opinion and the Israeli media are divided into two very clear-cut fronts: the “left” calls for compliance with the Hague Convention on international child abduction, while the “right” launches slanderous accusations against the Italian judiciary (which would be “unreliable”) and against our country in general.
At this point, we need to be very clear. On the point of law, both Italy and Israel have signed and ratified the 1980 Hague Convention which is very clear on the matter. The procedures that apply are the following if, as in the case of little Eitan, there has been a kidnapping:
• the State of habitual residence before the abduction and the State to which the child was taken (State of refuge) both have ratified or acceded to the 1980 Hague Convention and mutually accepted the accession of the other State;
• the abducted child is less than sixteen years of age. At the end of the sixteenth year, the procedure is interrupted, even if it is already in the judicial phase;
• the person requesting the return is the holder of parental responsibility for the minor and at the time of the abduction was actually exercising the corresponding functions.
The ownership of parental responsibility and the related rights and obligations must be verified in the light of the legislation in force in the State where the minor had his habitual residence prior to the transfer. Article 8 of the Convention explains that whoever has the right to request the return of the child can apply to the central authority of the child’s habitual residence to ensure her return. The application must contain information on the identity of the applicant and the minor, the reasons for requesting her return and any other relevant documents. The answer must be given urgently and if it does not arrive within six weeks a further complaint can be made.
A joint opinion of experts from the Israeli ministries of foreign affairs and justice has already established that what Schmuel Peleg did can be defined as a kidnapping. Therefore, the child should, together with the foster aunt, immediately return to Italy, where the Pavia Public Prosecutor’s Office has opened a file against Schmuel Peleg, his ex-wife and the driver who took his grandfather and nephew to Switzerland for kidnapping. . The investigation should run its course and, if necessary, bring those responsible for the kidnapping to trial and to just punishment.
The Israeli right-wing press almost ignores the Hague Convention and argues that their country’s legislation and judiciary, coming directly from the biblical Ten Commandments, are undoubtedly superior to any other law and judiciary. The college of lawyers in support of Schmuel Peleh is looking for quibbles to delay the delivery of the child by months in order to start the school year in Israel and, then, claim that he has now integrated into the new homeland and remove him would cause disturbances.
At this point, the issue has become purely political. Italy that has often supported (or not added its negative vote to that of others) Israel on dubious issues (settler settlements in Palestinian lands, the incorporation of East Jerusalem, the discriminatory treatment of non-Israeli citizens Jewish faith), must be heard. For the dignity of the country and its institutions, it must do so at the highest level. Rome must raise its head and tell the leaders of the Jewish state that the immediate non-return of the child will have very serious consequences in relations not only of Italy but of the entire European Union with Israel. The United Nations General Assembly is underway,
