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      Лунин Лев. ГУЛаг Палестины -
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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

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