Italian court rules orphans taken from Berdiansk may not return to Ukraine

An Italian court has ruled that 57 Ukrainian orphans aged 6 to 16, who were taken from Berdiansk after Russia's full-scale invasion, must stay in Italy. They will be placed in three centres in Bergamo.

Source: European Pravda with reference to Ansa

Details: The Juvenile Court of Brescia confirmed that the Ukrainian minors in the province of Bergamo would be immediately transferred to the custody of Italian social services "so that they can continue to stay in the places where they are now", effectively indefinitely.

A court had previously granted a two-week extension of the children’s stay, but the court ruling overturns this decision and makes it indefinite for now.

The Ukrainian authorities have requested the return of the children.

The court ruling notes, however, that "as reported in recent days by the [children’s] guardians, the Ministry of Justice and UNHCR", many of the children have filed and others intend to file an application for international protection with the territorial commission, "fearing for their safety should they return to areas close to the theatre of hostilities".

Therefore, "in light of this new fact", the court considered it "appropriate to temporarily suspend the return to Ukraine of the above-mentioned minors in order to allow the Commission to conduct an investigation and make the necessary decisions on the applications submitted by the minors".

The Brescia court, which has jurisdiction over the Bergamo region, also emphasises that "the return should be suspended for all minors, as they have, since their arrival in Italy, constituted essentially a single group represented by a single responsible person and therefore cannot be separated".

The group of children arrived in Bergamo in March 2022 with several carers and were immediately taken in by people in the city. The group came from two children’s homes in Berdiansk, which they had fled during the Russian offensive.

Ukraine’s request for the repatriation of the children had been due to be considered on Friday, 16 August, but it has now been put on hold by the Italian authorities. Another reason for this is that many of the orphans are being treated in hospitals in Bergamo for various serious health conditions.

The agency notes that there is no clear reason to rush to return children who do not have families. The Italian authorities say that the children’s interests must come first, and they will therefore remain in Italy indefinitely.

Background:

• The EU recently became an observer at the International Coalition for the Return of Ukrainian Children.
• The first meeting of the newly formed International Coalition for the Return of Ukrainian Children, co-chaired by Ukraine and Canada, took place on 2 February in Kyiv.
• The International Coalition is working to bring home Ukrainian children forcibly transferred from the occupied territories of Ukraine to other occupied oblasts or to Russia.
• Last winter, the Parliamentary Assembly of the Council of Europe adopted a resolution on the situation of Ukrainian children.

Support UP or become our patron!