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eaten, disgraced, threatened,
discriminated against (persecuted) in Israel. We were denied a
permission to leave the country, and could not go away for 3 1/2 years.
We collected thousands of evidences in discrimination and
persecutions. Israeli state radio made a provocation, aiming to
eliminate me, Israeli newspapers called to destroy all my works - but for
this
immigration board it's still not "enough"...
*Why I Think My Human Rights Were Violated By the Court?
Inside The Courtroom: 1)Some of the main documentary proofs
(statements, affidavits, letters, receipts, articles, etc.) have been
disappeared or were ignored as if they were (disappeared).See pages
A-1, A-2, A-3, A-4, A-5. 1-a)Only my college diploma was mentioned
during immigration hearings, and the commissioners acted as if my
university diploma does not exist. In reality I mentioned it during the
hearings and the copy of this diploma also was in my file. 2)Other
extremely important documents were mentioned but were ignored (if not -
they might be an obstacle to what the judges incriminated me). Pages
B-1,B-2,B-3,B-4.B-5. 3) Other documents were mentioned as
incomplete proof of particular events, when in reality they were given
to support other events. In the same time documents which relate to
these events were ignored. Pages C-1, C-2. 4) In the same way my words
were ignored, too. For example, I was asked an insinuating
question. My answer closed that question by a clear and unbeatable
contra-argument. So, what then? Then the same insinuation was
repeated - but this time in an affirmative form: As if I said nothing.
The same question could be given 2, 3, 5 times non-stop. If I gave the
same answer again and again they shouted on me, used threats,
aggression, incredible accusations to force me to change my answer. It's
clear that such a method violates moral and legal norms - and any
hesitation by a refugee claimant under such an illegal psychological
pressure can not be taken into consideration. D-1, D-2, D-3, D-4. 5)
Too often they questioned me giving me no rights to response. They
shouted me down replacing my eventual answer by their own - and later
based their conclusions not on my answer but on their own
statement posing it as my - not their - words. E-1, E-2, E-3, E-4. 6)
It was repeated again and again that they doubt about our rights to
appeal (for a refugee status) because our actions (when we were in
Israel) weren't a good solution. As examples of "good solutions" were
mentioned: A demolition of our family, a criminal offense - and so on!
F-1, F-2. 7) Several times the board members expressed their
disapproval by the norms of democracy or by my approval of the
democracy laws. G-1, G-2, G-3. It is absolutely clear that our case was
treated not according to Canadians laws but according to the rules and
norms of Israel since - in the judges' eyes - we belong not to
Canadian but to Israeli jurisdiction. G-4, G-5, G-6. This position -
neither being ordered to the board or being the product of the board itself
-
made the courtroom a part of Israel's territory. G-7, G-8. 8)The
procedure of our immigration hearing wasn't an investigation in our case but
a pure pro-Israel's propaganda. Its goal wasn't to detect whether or
not our claim for refugee status is justified but to defend the image of
Israel as a "good" country in an imprudent and abusing form. The
depersonalization of our claim was done in an extreme form ignoring our
personal history. So the only criteria chosen to support the board's
point of view was the very fact that we came from Israel. But the only
admissible attitude to refugees has to base the decision on what
happened to them personally, not on which country they flied. H-1, H-2,
H-3. 9)The members of the board expressed their detestation of the
human rights defense and verbally denied (directly or indirectly) a
number of recognized human rights.I-1, I-2, etc. 10)They also
(indirectly, but clear) expressed a point that if I'll be punished in Israel
for my
views - it's justified because I'm "guilty" J-1, J-2, etc. 11)Sending
faxes to Israeli embassy and demanding some definite information about
us, the immigration officer violated another moral and judicial
principle: Not to announce asylum seekers claim to the government of a
country refugee claimants escaped from .K-1, K-2, etc. 12)Reading
Amnesty International's and other reports the immigration officer
distorted and sometimes falsified their meaning.L-1, L-2,ect. 13)
Documents submitted by the Israeli government, by it's dependents or by
it's embassy were considered as absolutely reliable and were
voluntarily represented by the tribunal as non-debatable. In the same time
documents that were represented by my lawyer (or my documents) -
newspapers, statements, declarations, and so on - weren't treated as
equal to Israeli propaganda papers. More then that: At least our
documents were completely ignored: As if they never existed. In the same
time the documentation presented by Israeli government can't be treated
as an arbitrary source: Because Israel is involved. Meanwhile a
number of my documents may be considered as more objective and
independent. M-1,M-2, etc. 14) The immigration officer used 1) an
open lie 2) threats 3) desinformation; 4) expressed an unexplained
malicious anger towards us; 5) claimed one thing to defend her position
during our hearing and claimed the contrary during the hearing in
Metelnitsky family case (our cases are related, and I was called as a
witness to their hearing); 6) she lied about what I said, about what
she previously said , about what was said about the situation in Israel
and so on; 7) her behavior towards us and Metelnitsky family was so
incredibly aggressive as if she had a personal reason to punish us, or
to exterminate us. N-1,N-2,etc. 15)A "yes" or "no" answer was demanded
in situations when it was clear that such an answer is absolutely
impossible. Demanding "yes" or "no" answer only they justified their
decision not to let me speak.O-1,O-2, etc.
Outside The Courtroom: 1)When we came to Montreal I put everything that
happened to us in Israel in writing and gave that piece of paper
to my first lawyer's translator, Mrs. Eleonora Broder. She sabotaged
the translation distorting the sense of my story, inserting her own
inventions and sentences which sounded like provocation. I demanded a
translation back to Russian from her, and she did it. She wrote it
by her own hand. That manuscript is quite different from her French
version. So, she did it to smoothen the distortions and to prevent me
from complaining. I have also other proofs of her sabotage.2-A, 2-A1,
2-A2, etc. 2) Mrs.Eleonora Broder sabotaged the translations of
newspaper's articles as well. From one hand she exaggerated a number of
descriptions of persecutions against Russian-speaking people
"to do me a favor" (I think her goal was to discredit these articles).
But on the other hand she excluded the most important paragraphs in
her translation and gave the opposite meaning to the most important
facts and conclusions.2-B, etc. 3) Mrs.Eleonora Broder also
sabotaged the translation of some official papers and other documents
which I prepared to support my claim. She told us that she has
translated some of them and that she would find a translator from
Hebrew - but it was a lie. If not our complains to the lawyer and an alert
note we gave to him: Then no documents were translated. 2-C,ect.
4)Mrs.Eleonora Broder and her assistant organized a psychological
warfare on my wife causing her deep depression, and also provoked us to
attempt suicide.2-D,ect. 5) Mrs. Broder inserted some particular
phrases into my refugee claim, which I didn't want to see there. Later,
in the courtroom, these phrases were used against me. These
phrases were taken from articles, which I wrote before we escaped from
Israel. Among them were the articles, which I hadn't presented to
Mrs.Broder or to my lawyer when she was doing the translation of my
refugee claim. The members of the immigration board have exploited
these phrases again and again: What leads to a suggestion that it might
not happened occasionally.2-E, etc. 6) There is a visible
connection between the immigration officer - and information, which
might possess only Mr.Mark Kotlarsky, who lives in Israel. This
gentlemen acted once as an informer and a provocateur for Israeli
authorities. He wrote an article about me in 1994, in Israel. This article
was written in a humiliated and sarcastic manner. Mr.Kotlarsky used the
information, which I shared with him (as with a close friend of mine)
against me. This article is outright slander, mystification, false
insinuations and lie... Before I discovered that Mark Kotlarsky might act as
a
government's agent I told him some things which I never told to any
other person. During our immigration hearing and during the hearing of
family Metelnitzky these things were used by the immigration officer
(against me). I have no other explanation but that she's might be in a
contact with Mr.Kotlarsky. 2-F, etc. 7) a) A campaign of lie and
slender against me inside Israel coincide with a number of actions against
me in Montreal, which source might be the consulate of Israel. If such
things are happened - then Israel could eventually influence the
immigration board decision in my immigration case, too. b) Then, I know
from reliable sources that the immigration officer, the member of
the immigration board in my case, is a Jew. I have nothing against her
nationality. But, from the other hand, if the immigration officer is a
Jew and the patriot of Israel (the last is too clear), what an
arbitrary role in our case she should play? She has no moral and - may be -
legal
rights to judge in refugees' from Israel cases. 2-J, etc. 8)When we
came to Montreal we gave my wife's birth certificate and it's legal
translation to our lawyer. Dispute the submission of that legal
translation Mrs.Broder did her own translation. Now we discovered that she
sabotaged ("refused") to translate my wife's parents' nationality.
There is a clear connection between that sabotage and the immigration
officer's tactics in that issue.
CONCLUSIONS: our 3 immigration hearings have nothing in common with any
legal procedure. They rather remind of an inquisition court or
a secret political tribunal. This tribunal was arranged to punish me
for my ideological views - not to decide whether or not our (my family's
and mine) claim for a refugee status is justified. It was used for the
political purposes: To "show" how just any information about human
rights violations in Israel, which not concerns Arabs, can be calmed
down - and to express a huge pro-Israel propaganda. They made clear
that they treat our escape from Israel as a mutiny and will never admit
the very fact that we are in Canada, in Quebec, not in Israel. Their
words, their behavior - everything - was meant to show us that we could
only deserve to be treated according to the Canadian rules after
getting a status in Canada. Before that we don't deserve to be treated
by Canadian rules. That's why we were treated according to the
rules and norms of Israel!!! It hard to find a more offensive ritual of
humiliations over the juridical norms then that... It was absolutely clear
for
the judges - as well as for ourselves - that we were severely
persecuted in Israel, that all members of my family were severely abused and
that the definite casualties were inflicted to our health, including
the children. It was also absolutely clear to the judges that the
deportation
back to Israel is a death penalty for all members of our family. The
tricky thing is that the immigration board expressed almost no doubt
about persecutions we survived in Israel or even recognized the
harshness of these persecutions.(2-J-4). But the point is that they claim
...
we are guilty in the persecutions ourselves - and therefore they don't
worry about our souls and our lives... So, this is not even a tribunal, but
a brutal act of a vengeance.
SUPPLEMENTS:
1.A LIST OF TRANSLATED INTO ENGLISH OR FRENCH ARTICLES. 2.DOCUMENTS.
3.TAPES FROM THE IMMIGRATION
HEARINGS. 4.OTHER MATHERIAL PROOFS. 5.OTHER DOCUMENTS. SINCERELY YOURS,
Lev GUNIN
GROUP OF DOCUMENTS NUMBER 4
DOCUMENT 3
TO THE FEDERAL COURT OF CANADA
From Lev GUNIN
Dear Sirs! We came here as thousands of other refugee claimants who
flied from their countries to Canada. But our case is special, may be
- even unique. In ex-USSR I was a dissident; I was severely persecuted
by communist authorities. I was relatively well known in my native
republic. Under certain circumstances I refused to declare that I never
desired to immigrate to Israel. Now I actually claim that I was
deported to Israel from my native Blears because of my political
activity. My family and me tried to escape to Germany but were seized in
Warsaw by Israelis. They took us to Israel by force, and we have
certain evidences. In Israel my family and me, we were severely
persecuted. I presented the reasons of these persecutions in my claim,
and also during my immigration hearings. I was considered as a
dissident in Israel, too. Our case is special also because we presented
more documentary proofs of what happened to us then probably no
other refugee claimants. Persecutions against us in Israel were
massive, systematic and dangerous to us. They caused physical and moral
loses to us. Despite clear evidences and undeniable proofs our claim
was denied. It happened only because of wide-scaled conspiracy
against Russian-speaking refugees from Israel, and because the
immigration committee assigned to our case was manipulated by a
foreign state.
We have several well-grounded reasons: enough to accuse members of the
committee in partiality. Almost all basic juridical norms and
elements were violated during our 3 immigration hearings (see Document
# 1). The basic moral and political norms of Canadian society
were replaced acting in Israel. Mrs. Judith Malka, the immigration
officer, spoke to us and acted as Israelis normally do. She openly
expressed her hatred to us personally - and to Russian speaking people
in general. Her manner and her ironical attitude were assaulting.
Besides, she openly assaulted us directly several times (see Document
#1). Her aggression and threats can be explained only by her
partiality. When she couldn't control her emotions of hatred and
detestation she left the room of the hearings two times. May be her
reaction was so visual because she's a Jew and - it looks like that -
an Israeli. Then - why she was sent to such a hearing? We have 7 main
points in connection with that: 1. It is absolutely clear that the two
commissioners refused to participate in our hearings (in other words, kept
them out of the way of the hearing). Mrs. Malka was given an option to
speak non-stop during almost all the time excluding rare exceptions.
She accused us, shouted on us, declared pure political pro-Israeli
propaganda and accused me in acting against Israel without any
interruption from the judges. Of course, they can claim that they
participated by hearing and analyzing. But then their passivity caused a
situation when they had to analyze only what Mrs. Malka gave them to
analyze. When Mr. Boisrond spoke he never opened his own topic
and used his role for illegal methods of pressure to distort my
responses to Mrs. Malka's previous questions. 2. The commissioners refused
to sign the decision. There are no their signatures on that document.
That's another proof that Mrs. Malka composed that document
herself. 3. The committee decision is based on her statements,
insinuations, accusations and declarations only. If something correspond to
what Mr. Boisrond said - he just repeated what Mrs. Malka already said
before. The stylistics of the text and the essence of it is deeply differ
from Mr. Boisrond's and Mrs. Madelenine Marien-Roy's, who completely
kept her aloof from the hearing (except of few formal words). In the
same time that stylistics fits to Mrs. Malka's manner. These two
suggestions allow us to detect her as the only author of the decision, what
is the severe violation of the law. 4. This committee gives no positive
decisions in refugees' from Israel cases. When in 1994-95 about 52%
of refugees from Israel were recognized as Convention refugees, with
this committee it is "0" (or almost "0"?). 5. She's refusing to give her
motivations behind that decision. But to explain such a decision is a
juridical norm. She replaced any explanations by a pure political rhetoric
and pro-Israeli propaganda, which has nothing what to do with our
claim. She is also a person who contacted Israeli embassy for
explanations (instructions?) in our case. 6. The committee decision
ignores all documents we presented as if there were no documents at
all. In the same time to support its statements the committee used
documents, which credibility is "0", and that's obvious not just towards
our case but in general sense. But most of the document used in the
decision have no relationship to our case and were given just
because something had to be given. 7. By denying our claim the
Immigration committed one of the most inhuman and cruel actions in its
history. I am may be just one of few people in the world who suffered
so much for expressing their opinions. I am still living only because of a
miracle, which saved me in ex-USSR, and from angry "patriots"-Israelis.
We had so many documentary proof of our refugee claim as
nobody else. We had testimonies, certificates, and articles, which I
wrote for various newspapers. We had Amnesty International
confirmation in my case... My children, wives, mother's suffering was
just rejected by commissioners. They acted against us as if we were
solders of an enemy army, not innocent people. My family and my lives
are in a real danger now. 8. The decision is partially based on
distortions Mrs. Eleonora Broder did when she translated our claim and
our documents.
I can support these points by analyzing the text of the decision and by
other supporting material. First of all let's analyze the decision -
paragraph after paragraph.
Let us point that this document replaces some well-known facts and even
data by false facts, events and data. The information from our
PIF, our claim, hearings and even passports this document describes
with distortions. For example, on page #1 (par.6) the children ages
are indicated as 5 and 6 when i