Shmuel Peleg can barely hold back his tears looking at his grandson, 6-year-old Eitan Biran, sitting on the blue sofa of the social services office in Tel Aviv, building a spaceship from the new Lego set he received as a gift.
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Since the Tel Aviv District Court ruled that by bringing Biran to Israel against the wishes of the boy's Italian relatives, Peleg had committed kidnapping, the two can only meet under the supervision of a social worker.
Biran is the sole survivor of the cable car disaster that occurred on May 23 in northern Italy. Peleg lost his daughter Tal, son-in-law Amit and younger grandson Tom in the incident. Tal's grandfather, Itshak Cohen, and his wife Barbara were also killed in the disaster, along with 9 other locals and tourists.
Since then, Biran's maternal grandparents in Israel and his paternal relatives in Italy have both sought custody.
"Meeting Eitan at a pre-agreed location, when there is a social worker next to me all the time, is not easy," Peleg told Israel Hayom. "Ever since Eitan was taken from me, three weeks ago, I've felt that he is disappointed in me. He stopped hugging me and jumping on me. I see how the open and chatty child, who wouldn't stop talking about how happy he was to live in Israel, closed off. It breaks my heart. I promised him that he would live here with us, but the court ruled otherwise.
"This week, he opened up a bit. Maybe because I came with his two aunts, Gali and Aviv, and they kept making him laugh. We played with Pokemon cards, and then he took my phone to take a selfie with me. I decided to speak to him gently about his return to Italy because I knew that Aya, his father's sister, had already spoken to him about it.
"I asked him what he thought, but he closed off and said he didn't want to talk about it. I think this is a defense mechanism, he is preparing for when he will be disconnected from us. This is also how he reacts when someone tries to talk to him about his parents or the disaster.
"I told him that I love him, that I will come to visit him in Italy, and that he can call me any time he wants."
Unfortunately, there is no guarantee that Peleg will be able to keep his promise and travel to Italy any time soon. Recently, an international arrest warrant was issued against him in the country, which means the moment he sets foot on Italian territory, he will be arrested and subject to criminal investigation for alleged kidnapping.
Q: What was your reaction to the arrest warrant?
"I was very surprised. I was not trying to be a hero or play James Bond. I am Eitan's grandfather and I wanted to save him because it seemed to us that he was in distress."
Q: Was the arrest warrant and criminal investigation worth the risk?
"If securing Eitan's freedom means mine has to be taken away, then yes. His well-being comes first. A miracle occurred, and God saved him once. I tried a second time, and in the meantime, I failed. But we will appeal with the Supreme Court, and I hope they will think otherwise. That they will focus on what's best for Eitan and rule to keep him in Israel."
Previously, the Tel Aviv District Court ruled that "with all understanding of the appellant's [Peleg] pain, there is no option but to dismiss the appeal. We order him to be returned to Italy within 15 days," noting that although Peleg had taken Biran from the country illegally, they hoped "the minor will be allowed to meet his grandfather in Italy."
Q: Courts in Italy and Israel did not accept your claims. Why do you think the Supreme Court would be any different?
"I hope they will put Eitan's best interest in the center. One day, not long from now, Eitan will read about the legal battle around him on Google. He will see that I fought for him until the end, and didn't give up on him at any point."
Outside Peleg's apartment in Petach Tikva, there is a child's motorcycle and basketball stand, which he purchased for his grandson as soon as he arrived in Israel. These are the remaining toys of the myriad of games that used to line the living room but have since been moved to a storage room.
"I gathered all the games, the puzzles, the pens, and the balls because I could not look at them anymore," a distraught Peleg said. He lives alone, having divorced Tal's mother, Eti, 20 years ago.
"The storage room is bursting with games and superhero toys. They reminded me of Eitan and the fun we had in the month he spent with me in Israel. We went to the beach, to Latrun, because he asked to see tanks, and we even celebrated his sixth birthday later. He celebrated in Italy, but without his extended family in Israel.
"He got so excited about the celebration and decided to organize more family gatherings. He drew a heart, asked me to write on it that he was inviting everyone to a pajama party or a Spider-Man and sweets party, and asked to send in the family Whatsapp group. But my favorite part was when he would go to bed and fall asleep while holding my hand."
A lot has been written about the tragedy that took the lives of 14 people. As the cable car reached the final stop, moments before the doors opened, one of the cables snapped, pulling the car and tossing it to the ground from a 20-meter (65 feet) height. Eitan was the only survivor of the crash and was hospitalized with critical injuries. Thankfully, he recovered, regaining consciousness three days later.
Peleg recalled the last few conversations he had with his daughter.
"The last time she, Amit, and the kids were in Israel was last December. They came for Hanukkah for a month and stayed over. After the kids fell asleep, the three of us sat on the balcony and spoke about their return to Israel in June 2022, after Tal finished her bachelor's degree in psychology and Amit finished his medical studies.
"One evening, before they went back to Italy, Tal came into my room and sat next to me. In hindsight, I think it was a kind of farewell conversation. She said, 'Dad, I feel I am losing you. You don't tell me about yourself. Open up, I am not a child.' I promised her it would change, but, unfortunately, I did not deliver.
"Around April, Tal and Amit moved to a bigger apartment in Pavia. A month before the lease on their old apartment ended, she insisted that I come to visit them. I told her I had tons of work and that we should meet in the summer already, during a family trip to Amalfi that we planned. Sometimes I wonder what would have happened if I had gone to visit them. Perhaps, I would have gotten into the cable car as well."
Peleg paused for a moment, then took out his phone to show messages from Tal asking to renew Eitan's Israeli passport that was about to expire.
"She asked me to pick up the passport. I was supposed to bring it to them in the summer."
He continued: "The night before the disaster is when I spoke with Tal for the last time. She sent videos of the children, Eitan so happy, and said that they were planning to go on the cable car the next day. I told her we'd speak in the afternoon when she'll be on her way home.
"Tal called me at 10:10 a.m. from Amit's phone," Peleg continued with tears in his eyes. "I don't know what she wanted to say. That is when they left the hotel and were on their way to the Mottarone" mountain where the crash occurred.
"I called her back in the afternoon, but the phone was disconnected. I called Amit, but couldn't reach him either. I assumed they were in an area that had no cell service. I didn't know that news outlets had already reported on the tragedy.
"In the evening, Amit's mother called weeping. She screamed, 'Tal died, Amit died, Tom died, Eitan is in critical condition.' I thought I would have a heart attack. I cried like crazy, and haven't been able to stop crying ever since."
Peleg immediately flew to Italy and, sitting beside Eitan's hospital bed, met Amit's sister, Aya Biran.
"We hugged. We were all in shock and grieving then," he said. "Eitan was in the intensive care unit. There were tubes coming out of his body and his legs and hands were in casts. Aya told me she was overseeing the matter and talking to doctors. I told her I trusted her to take care of Eitan because I had to arrange the funerals in Israel."
All five family members who lost their lives in the disaster were laid to rest in Israel.
"I went into autopilot mode. I told a representative of the Israeli Embassy in Italy that I wanted to see the bodies, and they took me. I saw little Tommy first. His face was calm. I kissed him. After, I went to Tal. I saw blue marks on her. I hugged and kissed her, and cried. I told her I loved her and apologized for not protecting her. Then I kissed Amit, and I bid farewell to Eti's father and his wife," Peleg said, unable to hold back the tears.
That same evening, he returned to the hospital.
"Aya told me that a judge would come the next day and that we needed to decide who would have custody of Eitan, otherwise the state would transfer him into foster care. She volunteered since she is a doctor and she speaks the language.
"At that point, I agreed with her, but I remember stressing, 'I don't know what will happen in the future, but Eitan needs to move to Israel.' She said, 'I understand that the situation changed. Maybe we will have to move to Israel.' I asked whether both of us could be responsible for Eitan, and she said she would ask the judge.
"There were about 30 people in the room, and the conversation was conducted in Italian. I asked the judge to speak in English, but she continued in Italian. An Italian doctor who had training in Israel tried to translate for me, but she barely spoke Hebrew.
"At some point, I told the judge in English the word 'temporary,' to make it clear that we were talking about temporary custody. She repeated the word and nodded. My understanding was that Aya would be responsible for the medical matters, and after the funerals, we would decide together how to proceed."
The next day Peleg flew to Israel on a plane that carried the five coffins as well. A day later, Eitan regained consciousness for the first time.
"On May 30, four days after returning to Israel, I flew to Italy again," Peleg continued. "Aya said the court had made a decision already, and they decided she would have custody of Eitan until he turned 18. I was angry. I told her we did not agree on this, that we spoke of temporary custody, and agreed that we would make a decision together. I suggested we approach the judge together and settle the matter, but she refused.
"From that moment on, I have been in a daze. Twenty minutes I stood next to Eitan's bed, as he was under anesthesia and on a respirator, and a decision was made about his life without considering what was best for him. No social worker or psychologist spoke to him after he woke up.
"If I had known that Aya was trying to get permanent custodianship over Eitan, I would have stopped the meeting altogether, refused to attend, and called a lawyer. The plan was that she would be in charge in case of urgent medical treatments."
"In hindsight, I know that nothing was conducted properly. The Turin judge had no authority to preside over a case of a boy from Pavia, there was no official interpreter, I did not receive any protocols, and I only received the ruling after I asked Aya.
"From then on, my life mostly revolved around the courts in Italy. We appealed the judge's decision in Pavia, and we applied for custodianship in a court in Milan."
The appeal in Pavia was rejected. Eitan was discharged from the hospital on June 10 and was taken to Biran's home. The bitter custody battle between the family members continued.
"Then we felt we were being distanced from Eitan. Aya was the one who decided when Eti and I could visit him, and for how long. I am Eitan's grandfather, why should I have to beg to see him? Why should I be told that 'the weekends are for family' without being taken into account? Am I not his family?
"We felt we were being treated as strangers, [they were] doing their utmost to keep us away from Eitan and prevent us from seeing him. Eitan had gone through a terrible tragedy, losing his parents and brother, and it is a time he should be supported the most, not for his family members to be pushed away.
"This situation exhausted Eti and caused me despair. Not a single decision with regard to Eitan went through us, and we were not consulted. When the court allowed us to take Eitan for walks outside, our impression was that he did not want to return to Aya. He asked me more than once whether he could fly to Israel with me."
On Sept. 3, the first seeds of the plan to bring Eitan to Israel began to root.
"My Italian lawyer asked me to come to her office in Milan so that we could prepare a summary of all the legal proceedings," Peleg said. "That was the first time she told me that after a thorough examination of all the documents in our possession, it appeared that Aya did not have full custodianship and the ability to determine Eitan's residence.
"The court in Turin only ruled that Aya was responsible for the medical procedures and his property. The lawyer argued that in fact, no one had been assigned full responsibility for Eitan until he turned 18. She described the situation as 'legal void.'
"I sat there for three hours and realized that we might have come across a breakthrough. Then I remembered about Eitan's passport, which was in my possession. I told the lawyer about Aya's claims that the court in Pavia had ruled that she could demand she be given the passport.
"The attorney said that as long as no ruling was issued on the matter, I did not have to hand it over. My next question was whether there was legal impediment to taking Eitan out of the country. The lawyer said she never received such orders from the court.
"I stepped out from her office and was walking toward my hotel when I thought for the first time about the possibility of bringing Eitan to Israel. On the one hand, I understood that it was legal. On the other hand, I knew Aya would fight and that there would be a discussion in Israel and Italy, that would expose me and I would no longer be a private person. I decided to consult another Italian lawyer, who told me the exact same thing.
"For a few days, this was the only thing I was busy with. I shared the idea with no one because I wanted to have a clear mind, without the influence of others. It was important for me for this to be my decision."
Q: Perhaps the reason you refrained from talking about your plan with others was because you understood it was a problematic move that might lead to legal consequences?
"That is incorrect. I would never dare do anything illegal. I only acted in Eitan's best interest and fulfilled my daughter's unwritten will. I hoped the Israeli legal system would stand by me because I have documents and evidence that the proceedings in Turian were supposedly incorrect.
"After all, it makes no sense that the judge did not appoint a social worker for Eitan, to see what decision would be best for him. We cannot be treated as objects that have no feelings.
"I saw with my own eyes that with time, I would be distanced from Eitan completely. The relations between the families will only deteriorate. I created the plan the day before we flew to Israel."
Through an acquaintance, Shmuel got in touch with a Cypriot, who agreed to drive them in a rented car to the airport.
"At the same time, I ordered a private plane to wait for us in Switzerland that cost 60,000 euros. It was clear to me that I shouldn't take Eitan on a commercial flight, both because he was still using a walker, and also due to the coronavirus."
On Sept. 11, Peleg picked up his grandson for a pre-arranged walk in the park. The two were supposed to return at 6:30 p.m.
"We got in the car, Eitan and I sat in the back," Peleg continued. "I brought a bag with clothes, snacks, toys, and cards to play with. I was calm. We drove for an hour and a half on the highway to Lugano, Switzerland. I asked Eitan on the way if he was okay with going on a trip and he said 'yes.' The whole time, he played and laughed."
Q: If the move was illegal, why fly from Switzerland, not Italy?
"In terms of distance, traveling from Pavia, Lugano, and Milan is similar. The decisive factor was the private plane and the suitable flight times. I only found such an option in Switzerland. Throughout the trip, I kept checking in with Eitan if everything was alright. If he showed the slightest signs of worry, I would have returned him."
Q: When did you tell him that the two of you would fly to Israel?
"I planned to tell him when we got to the [Swiss] airport. I thought that if he refused, we would return. The border with Switzerland is open, so we crossed it without a passport check. When we got to the airport, and Eitan saw the planes, he said he wanted to fly to Israel. I asked him several times, 'Are you sure you want to fly?' and he was so joyous.
"The driver took us all the way to the plane, where a customs officer approached us. He recognized Eitan and asked me if he was the boy who survived the cable crash. I said yes. He asked for our passports, and went to check them with the Israeli embassy Switzerland and the Italian police."
Q: Did it occur to you that what you were doing might have possibly been a kidnapping? After all, two courts have already ruled that it was.
"It was not a kidnapping. Two Italian lawyers told me that there was no problem with flying Eitan to Israel. I did not hide Eitan in a suitcase, did not forge a passport, or fake an identity. Everything was straightforward. Twenty minutes later, the customs officer approved our flight."
Q: Did you know that kidnapping a minor carries a 7-year prison sentence in Israel?
"I can't deny, it does worry me."
By the time Biran was waiting for her nephew and trying to reach Peleg by phone, the two had already landed at Ben-Gurion International Airport.
"Eitan was so excited," Peleg said, smiling for the first time since his interview began. "Only then I called Eti and our kids and told them that I brought Eitan with me. Everyone was shocked but supported me.
"We had no problem entering Israel. As with any private flight, photos of our passports were sent to the airport 24 hours before departure. We passed passport control very fast. When we stepped outside the airport, I knew Eitan had finally come home, and that is the message that I sent to Aya."
Q: In essence, you ignored the fact that for years, Eitan lived in Italy.
"I did no such thing. The entire time I said that if authorities in Israel and Italy conducted a thorough examination of what is best for Eitan, and decided that staying in Pavia would be the right thing for him, I would accept it. The problem is that until today nobody spoke with him or tried to understand what he wanted."
The day after Peleg landed in Israel, a complaint was filed against him with the police. Two days later, he was summoned for questioning, after which he was released on a five-day house arrest.
"I told them what I just told you," Peleg explained. "That I acted according to the law, consulted with lawyers, and there was no legal impediment to flying Eitan to Israel. Aya also took him on a nine-day vacation without giving advance notice. She acted with forcefulness and demanded that we do as she pleases. My wishes were nonexistent for her."
Biran arrived in Israel on Sept. 19 and turned to a family court requesting Peleg's move be ruled as kidnapping. Meanwhile, the court ruled that Eitan would stay at both Peleg and Biran, alternating every three days.
During proceedings, it became clear that an arrest warrant had been issued against Peleg in Pavia on Aug. 10, at Biran's request. For reasons unknown, the warrant was never sent to Peleg's lawyers.
On Oct. 25, the Israeli court ruled that Eitan should return to Pavia and that the custody proceeding should continue in Italy. The judge noted that Biran's appointment as custodian was decided after a thorough analysis. Peleg was ordered to pay 70,000 shekels ($22,000) in legal fees.
"From then on, Aya decided on her own not to bring Eitan to me," Peleg continued. "I waited for him outside, but they did not come. I went to court, and it was decided that I could only meet him under the supervision of a social worker."
At the same time, Peleg appealed the ruling with the Tel Aviv District Court. On Sept. 11, his appeal was rejected, requiring him to pay another NIS 50,000 ($16,000) in fees.
Q: Do you not think that Eitan would be well off with his aunt? He is the only child left behind after her brother died.
"I never said Aya doesn't love him. Even today, with all the bad blood between us, I think everything should be done for Eitan's sake. He has two families, and that is what I have been telling him this whole time. But the other side acted as if we didn't exist."
Q: Does the arrest warrant make you anxious?
"Any police investigation is stressful, but no extradition request has been submitted to Israel. I hope that my lawyers in Italy will succeed in rescinding the ruling."
Q: If they don't, and your appeal with the Supreme Court is rejected, you might not see Eitan for many years.
"There is a horrible scenario in my head that the next time I see Eitan might only be when he turns 18."
According to Peleg, "Aya asked for what belonged to Tal, claiming that it now belongs to Eitan. She also wanted what was on Tal's body … How can one be so cruel and try to lay hands on what belonged to my daughter?"
Q: What would Tal say about you bringing Eitan to Israel?
"I am sure that she is looking down from above and is proud of me. Sometimes, I dream of her at night, that we are sitting across from each other and talking about Eitan."
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Peleg's attorney, Ronen Daliahu, told Israel Hayom the plan is to argue vis-à-vis the Supreme Court that Israel is Eitan's permanent residence.
"His parents went to Italy temporarily for studies, and were planning to return to Israel," he said. "This is the natural place for the minor to be, as his parents wanted and hoped, for him to grow up as an Israeli and a Jews. The court must focus on the minor's best interest.
"In addition, we will question Aya's designation as custodian. The legal system in Italy is different than in Israel, and when it comes to custodianship, there are different concepts. There is 'parental authority' and there is one level lower, which is what Aya got. For every action, she must obtain court approval in Italy. It is also clear from the documents she submitted to the Israeli court.
"Also, the procedure for determining custodianship over Eitan was allegedly done incorrectly. The decision was made after a 20-minute hearing, without minutes, and without a social worker or impartial psychologist appointed by the court. As such, it is difficult for the [Peleg] family to come to terms with the result.
"Based on the information we received, while in the beginning, Italian media predominantly supported the Biran family, now it publishes pieces questioning the correctness of the legal proceedings. The alleged negligence began with the disaster, and should not be dragged into the legal proceedings," Daliahu said.
Biran's attorneys, Shmuel Moran and Avi Chimi, said in a statement: "All the allegations that Shmuel Peleg makes, again and again, are unfounded and have been rejected one by one by two courts – in Israel and abroad – in reasonable and well-founded judgments, and in a sweeping and absolute manner."
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"Mr. Peleg's attempts to bring them up time and again will not turn them into facts or truth. It is a shame that instead of accepting the ruling, Mr. Peleg views the law as a recommendation alone, not to mention the serious criminal allegations and arrest warrants issued against him.
"The fact is – and this is well known to him – Mr. Peleg consistently disrespected court rulings regarding visitation arrangements in Israel … Moreover, Aya Biran's lawyers turned to Mr. Peleg again and again suggesting he let Eitan return to [normal] life [in Italy], to the interrupted psychiatric treatment and school. Eitan needs peace and recovery. All requests were countered with more slander, defamation, disregard of Eitan's needs and disrespect for the law.
"Mr. Peleg and his accomplices took the law into their own hands and committed kidnapping. By refusing to let Eitan return to his home and life routine, they now add insult to injury. Peleg and his adviser's continued aggressive use of the media … is outrageous, but not surprising.
"The Biran family, on their part, will not give in to the unnecessary exposure of the shameful affair created by Mr. Peleg himself and sees no need at the moment to reveal what happened in Eitan's life in the months leading up to the kidnapping. It is a shame that the grandfather puts himself before his grandson."
