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Author Topic: OLD CASE: Caroline Chelouche Returned (abducted Israel to Turkey)  (Read 2230 times)

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Offline M.Capestro

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Just came across these articles from 2008...


A happy ending; Caroline is back home in Israel (1)
http://www.todayszaman.com/tz-web/columnists-137338-a-happy-ending-caroline-is-back-home-in-israel-1.html
BERK ÇEKTİR
27 March 2008, Thursday


Anne Andlauer of Today's Zaman has written a very comprehensive interview revealing the tragedy of Jacques Chelouche, whose daughter was abducted by her mother.

I would like to give you the conclusion of the case.

I have searched the Internet to see if there are any reports in English giving the good news. I did not come across one so I will give the good news then: Caroline is now back in Israel.

Caroline had been a victim of parental abduction. Turkish citizen Teri Ethel Eskinazi married Jacques Chelouche, a French-Israeli national, and their daughter, Caroline, was born on Jan. 27, 2000 and raised in Tel Aviv, where she attended kindergarten and spent most of her life. Caroline had citizenship in France, Turkey and Israel. On April 8, 2004, Caroline and her mother traveled to Turkey. Caroline was then kept in Turkey illegally by her mother.

International parental child abduction is basically defined as the removal or retention of a child across an international border by one parent while the child's custody is still invested in both parents. Parental abduction is by far the most common kind of child abduction.

What were the steps of the legal process against the mother?

On May 17, 2004, Israel's Rabbinical Court ordered the mother to bring her daughter back to Israel within seven days. The mother failed to do so and her actions thus fell within the scope of the Hague Convention on the Civil Aspects of International Child Abduction, an international treaty to which both Israel and Turkey are signatories.

The mother clearly committed the crime of parental child abduction, and the Israeli court permitted Jacques Chelouche to "use all the avenues open to him" to uphold his rights. The court also issued an order barring his wife and daughter from leaving Israel. In June 2004 the Israeli Justice Ministry applied to Turkish authorities and asked for the secure return for Caroline back to her place of habitual residence, Israel.

The Turkish Justice Ministry assigned the case to the Sarıyer Public Prosecutor's Office in İstanbul. According to information provided by both Turkish and Israeli authorities, Caroline had spent most of her life in Israel and, therefore, Israel is her country of habitual residence as defined by the Hague convention. The Sarıyer Family Court decided on Oct. 25 2004 that Caroline should be returned to Israel. The judgment was upheld twice by the Supreme Court of Appeals, first on March 29, 2005 and then on Sept. 22, 2005. With this case, the Turkish supreme court began to apply the convention correctly, respecting its emphasis on habitual residence.

In October 2005 Chelouche's lawyers began proceedings seeking judicial enforcement of the court decision ordering that his Caroline be taken from her mother, who had refused to return her voluntarily.

I will be writing the second part of this article tomorrow.


A happy ending; Caroline is back home in Israel (2)
http://www.todayszaman.com/tz-web/columnists-137438-a-happy-ending-caroline-is-back-home-in-israel-2.html
BERK ÇEKTİR
28 March 2008, Friday


Yesterday I introduced the happy ending of the story of Jacques and Caroline Chelouche. Their story was made public by Ms. Anne Andlauer of Today's Zaman two months ago.

Caroline was subject to parental abduction -- her mother removed her from Israel to Turkey on April 8, 2004 and kept her here in Turkey for four years, away from her habitual residence.

The legal battle started by Mr. Chelouche was contested by the abducting mother, who applied in April 2005 to the European Court of Human Rights in Strasbourg against the Turkish Republic, claiming that she was not provided the right of a fair trial in Turkey and that Turkey had violated Article 6 of the European Convention on Human Rights.

The European court's decision says that Teri Eskinazi further argued that sending her daughter to Israel "would amount to a violation of Article 8 (right to respect for private and family life) of the Convention" and that "it would be against the best interests of the child to be separated from her mother and sent to a country where she had no points of reference and did not speak the language."

On Dec. 13, 2005, the European court rejected Eskinazi's appeal. The court held that "the Turkish authorities could not be regarded as having been in breach of their obligations under Article 6 of the Convention, or of the right to respect for family life guaranteed by Article 8." At the time when the Israeli central authorities lodged the request for Caroline's return, the court noted, she was regarded as having been wrongfully removed for the purposes of the Hague Convention, an international convention enforced in both Israel and Turkey. Eskinazi's lawyer declined to comment on the court decisions as well as on other questions related to the case, emphasizing that the case was still pending.

After the court decision ordering the return of Caroline to Israel, the mother vanished and took Caroline with her. After two years of intensive searching and investigation, undercover detectives stopped Ms. Eskinazi and Caroline at a train station in İzmit and took Caroline to a Sariyer courthouse.

Mr. Chelouche's legal battle was very costly indeed. He traveled more than 50 times to Turkey and struggled with several court decisions, a significant number of hearings and a rough court process. I was personally involved in most of these hearings and represented Mr. Chelouche during the legal process.

Child abduction cases always hurt me. There is no real victory in an abduction case -- the abducted child always suffers the loss of a parent, in any possible scenario. It is a happy end for Caroline this time because she was living a fugitive lifestyle, which probably left a deep scar in her psychology. The mother was convicted of charges and they had to run and hide all the time. Even when the mother was arrested both the mother and Caroline were wearing a type of scarf as disguise. Anyway, this is another issue, and Mr. Chelouche informed me that Caroline has the best of resources to recover from what she suffered over the last four years.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.



Offline wicasa

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Re: OLD CASE: Caroline Chelouche Returned (abducted Israel to Turkey)
« Reply #2 on: March 02, 2022, 07:35:45 PM »
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Offline wicasa

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Re: OLD CASE: Caroline Chelouche Returned (abducted Israel to Turkey)
« Reply #9 on: December 02, 2022, 01:37:04 PM »
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geartreatinggeneralizedanalysisgeneralprovisionsgeophysicalprobegeriatricnursegetintoaflapgetthebouncehabeascorpushabituatehackedbolthackworkerhadronicannihilationhaemagglutininhailsquallhairyspherehalforderfringehalfsiblingshallofresidencehaltstatehandcodinghandportedheadhandradarhandsfreetelephone
hangonparthaphazardwindinghardalloyteethhardasironhardenedconcreteharmonicinteractionhartlaubgoosehatchholddownhaveafinetimehazardousatmosphereheadregulatorheartofgoldheatageingresistanceheatinggasheavydutymetalcuttingjacketedwalljapanesecedarjibtypecranejobabandonmentjobstressjogformationjointcapsulejointsealingmaterial
journallubricatorjuicecatcherjunctionofchannelsjusticiablehomicidejuxtapositiontwinkaposidiseasekeepagoodoffingkeepsmthinhandkentishglorykerbweightkerrrotationkeymanassurancekeyserumkickplatekillthefattedcalfkilowattsecondkingweakfishkinozoneskleinbottlekneejointknifesethouseknockonatomknowledgestate
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