Emiri, Come Home!

The heart rendering history of Yamila and the kidnapping of her small daughter...

Chile.com
Date: Unknown
By: Carlos Pino Villalobos
Source: http://www.chile.com/tpl/articulo/detalle/ver.tpl?cod_articulo=58289 

Note: This is a machine translation of the original.  Corrections will be gratefully accepted.

A photography spent by the rubbing where she appears a small girl with noticeable Eastern characteristics is the only nexus that Yamila Castilian with its Emiri daughter has, who from January of the last year soon lives a hell on the kidnapping of the minor on the part of her father, a Japanese citizen of name Tsugunari Yamada.

History goes back to year 1999, date in which Yamila worked like garzona in the Hyatt Hotel. In that place it knew Tsugunari Yamada, in that then general manager for Latin America of an important established Japanese company/signature in Santiago. This one was frequent client of the Hyatt and was there where it paid attention to the beauty of this young woman.

Once established the friendship "the pololeo came and right it agreed that both we were single in Chile and was as well as the relation became narrower. We went away to live together ", says Yamila while in its hand it hoards the photography of Emiri.

"I was super contented with him, but later I was pregnant and began the problems. It began to say to me that it did not want to have this son although it wanted in the beginning ". According to Yamila, Tsugunari was very contradictory in this together aspect because "when as soon as we took a month already wanted that we were parents", question that it changed to the point radically to do proposals to him of abortion.

In addition, psicológico."Me began the harassment said that it did not love to me, that only loved me for the time that it was in Chile and that could not go to me of the house because guagua was my only responsibility. You do not matter to me, concern the girl to me ", repeated to him constantly.

They spent the months and was born the small Emiri. Although it is certain that both they fulfilled the roll of parents, was the pair relation the one that absolutely was deteriorated. "He slept in a dormitory, I in the other. Thus we lived until Emiri turned eight months, then he warns to me that the company sends it from return to Japan ".

Yamila very was scared because it did not know what was going to make single in Chile. "It is that a day invites to me to eat and says to me: ' we go away to Japón', I I did not know that it happened because always the opposite was this whole to me. And the conversation ended with: ' I want that we fix cosas'".

But to go away to Japan they had to marry and Tsugunari Yamada was married. It was as well as it initiated his proceedings of divorce until finally they could contract marriage. In March of the 2002, Yamila happened to be the wife of the Japanese although this did not mean anything because it continued saying to him that it did not love it.

"I began to see a very noticeable interest in Emiri and it gave fear me because people said to me that she wanted to me to clear guagua, that the Japanese always make that and things thus. But at heart I could not think that he could arrive at as much ", relates Yamila while she continues hoarding in his hands the only bond whom she has with his daughter, a photography.

Secuestro

Systematically Tsugunari requests to him to Yamila that is transferred to the United States where, according to the Japanese, it would have greater opportunities of work and it would even be easier him to see Emiri. Soon it requests to him that "it does not travel with the girl to North America because if were going with her to look for department to me and work would be more difficult", reason why Yamila decides to leave to the small one in the house of its parents in Cuba.

"When I am in the U.S.A. I find out to me that it is in Cuba. For me it was very rare and I say to him to my mother who is careful, until in a while she says to him to my parents who take to Emiri ", counts Yamila and assures that Tsugunari had this planned very well because" it had sight with the police, the lawyers and the Japanese embassy ".

The 3 of January of the 2003, and after a series of judicial and police movements, snatch the girl to him to the parents of Emiri. "I do not know that it spent that day but to my mother they cleared my daughter to him of the arms", relates Yamila that then unfruitfully tried to return to Cuba to avoid that they took to Emiri to Japan.

Yamada ignored an official document emitted by the Legal Consultancy the International that granted the temporary safekeeping to the parents of Yamila and where it was specified that they were only the authorized one to leave the country with her. Without knowing how, the Japanese obtains a judicial authorization and removes to Emiri from Cuba. This way, the 18 of January the small one flew via Mexico towards the East.

There one is at the moment. Her Yamila mother only has been able it to see during one hour and average in a year, and both times in a judicial visit in a Japanese court to where she had to travel and in addition to now support the presence of the adoptive mother of his daughter, the new wife of Tsugunari Yamada.

But, how married again this Japanese? And, how he was adopted by this woman? Very simple, according to Yamila relates, "to be able to again marry fasificó my company/signature in the divorce act, after this the present woman of Tsugunari had the opportunity to adopt my daughter".

Dura Battles

Yamila has been a year approximately treating to recover its daughter and in this fight the support has been fundamental that it has had of the National Service of Minors. In this sense, Gloria Sepúlveda, Female leader of the Unit of International Relations of the institution, indicate that "we have lawyers in Japan who have remained in charge of this case and they also maintain a contact flowed with us requesting documents to us".

The problem could be less complicated if Japan were subscribed to the Convention of Is It, that it intends to assure the immediate return the children transferred or retained illegally in any State. "They are complicated cases in himself, but even though one of both countries has much more not signed the Convention, as it is the case of Japan".

"In the case of Yamila we do not have mechanisms to take part, to make be worth its rights and the rights of the children on the matter", say Gloria Sepúlveda. The great one "but" is that the Japanese system does not take part more in the cases of family than to obtain some agreement. "There are conciliation cuts that treat the subjects but if there are no agreements does not have like forcing the father to give back to the girl", it adds.

"At this moment Yamila is in a process to annul the divorce that this Japanese obtained falsifying the company/signature of her. Soon one married again and the new wife adopted the minor, thing that the Japanese legislation also allows ", indicates the professional of the Sename.

Yamila is trying at the moment to revert the situation being indicated that never they divorced and that Tsugunari Yamada falsified the company/signature. "This way he cannot be married again and its new pair cannot either adopt the girl. The cancellation of the adoption would be the key of this process ", indicates Gloria Sepúlveda.

For deputy Maximiano Errázuriz, specialist in family subjects, which would have to make the mother in this case is "to request the extradition of the father and to initiate by a side a civil judgment and another one criminal by the falsification and the kidnapping. This way, if she got to lose one would have the possibility of the other ".

The last antecedents obtained by Yamila Castilian indicate that the calligraphic experts in Japan analyzed the company/signature of the divorce document and reached the conclusion that it is not his company/signature. "Already there are several antecedents that demonstrate that there was deceit", this young mother says esperanzada who clings more and more to the possibility of returning to be someday with her daughter.