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r, and advance piano player, into a person, persecuted by
Soviet authorities. They tried to prevent him from entering collegial -
university studies; however, his persistence and a lucky miracle broke
that wishes circle, and he received first collegial, and then
university degrees in music. In spite of that, L. GUNIN could not build a
successful composer's carrier because of persecutions. In the same
time, he played a specific role in ex-USSR, Belarus, and other
countries' cultural life. He's the author of novels, stories, poetry,
contemporary and electronic music, works in history, essays, musicology,
music history, philosophy, etc. His articles were published in a number
of newspapers all over the world.
In 1979-1986, Lev became an object of wide humiliations. He was beaten
by somebody, who has links with militia (police) and KGB. The
authorities stood up in defense of the attackers. They persecuted L.
GUNIN even more for bringing the attacker to trial. In another incident
he and his brother - they were hunted by two well-coordinated groups:
mobsters, and a gang of youngsters. "Hunters" were also leaded by
militia (police). Later brothers GUNIN were interrogated by police /KGB
men. Lev's brother Vitaly became a victim of secret medical
manipulations.
L. Gunin has multiple links with the cultural elite, famous
personalities and dissidents in Moscow, St. - Peterburg (Leningrad),
Vilnius,
Warsaw, and Belarus. He also has connections with the Western
journalists in Moscow, and with representatives of the governments of the
Western countries.
1980-s. Because of persecutions L. GUNIN's decided to participate in
the dissident movement. There are the main directions of his
dissident activities:
1. Participation in Human Rights movement and links with the most
famous human rights activists.
2. Membership in underground literacy circles.
3. Defense of the Old City of Bobruisk from revelation and demolition.
4. Journalism and editorial functions for underground magazines.
5. Cooperation with forbidden (or unwelcomed) in ex-USSR NTS (People's
Labor Union) and the National Front of Belarus.
6. Participation in the Jewish national movement.
7. Creation of ideologically independent and stylistically
controversial music, prose, poetry, philosophy, and historical, political,
and other
works.
1985-1989. A conflict erupted between leading by L. GUNIN group - and
the powerful institution of Israeli emissaries to USSR, and
controlled by them Jewish political Mafia. (Their goals - devastation
of the local Jewish cultural life, confiscation of huge aid from the
Western Jewish communities, and concentration of the propaganda of
immigration to Israel - L. Gunin was fighting). He also confronted
three important personalities - Kebich, Alimbachkov, and Lukashenko.
All of them became top political figures later: first one short before,
and the two others - after his departure from USSR (The 1-st one became
the Prime Minister of Belarus, 2-nd - major of Bobruisk, and the
3-rd is the present dictator of Belarus).
.
His attempts to emigrate to USA or Germany - to save his brother's life
- failed. All attempts to obtain an Israeli visa for permanent
residency have been failed, too. (By then practically everybody could
easily get such a visa). Israelis did not want to allow him and his
brother to immigrate to Israel.
1991. After his brother's death, Lev started to cancel all steps of
immigrating to Israel. He did not want to go there by then. Soon he
received an order from KGB to leave his native country for Israel.
Soviet authorities sent us (family Gunin) all previously suspended visas.
We could not say "no" to KGB, but planned to escape from Warsaw to
Germany. At the Central railway station in Warsaw, in presence of
L.Gunin's Polish friends, Israelis captured us, and took us to Israel
by force. In Israel, Mossad (Shabbak) officers verbally accused Lev in an
attempt to sabotage the whole operation of bringing the Soviet Jews to
Israel. Mossad approached him several times.
In Israel we faced next persecutions:
1) Israeli citizenship was thrust on us
2) Alla, Lev's wife, was abused, attacked, beaten, assaulted, and
systematically discriminated against
3) Elisabeth, his mother, was abused, attacked, and assaulted
4) Children became victims of systematic humiliations and mockery
5) Lev himself was deprived in his rights. Israeli authorities denied
him:
a) valid diploma equivalent
b) professional courses
c) rights to enter other courses or university
d) full and valid employment authorization
e) registration with the State labor exchange
f) tax exemption as all fresh immigrants were receiving
g) welfare when he was unemployed
h) proper and equal medical service
i) legal, and police defense
j) reduction of municipal taxes
k) authorization of departure, which is required in Israel to leave the
country
l) etc.
He was beaten, abused, discriminated against. Israeli state radio
called him an enemy. One of the leading Israeli newspapers suggested
that his works (essays, articles, etc.) must be destroyed. Innumerous
and systematic draft board's orders to appear affected his normal life
and his (his family) financial situation.
During his life in Israel L. Gunin published a number of articles &
books in Israel, Lithuania, Poland, Moscow, and Germany, criticizing Israeli
government for human rights violations and fascist tendencies in
Israel.
1994-1996. With an indirect Amnesty International's involvement we
could come to Canada, and claimed a refugee status. To support our
claim we presented next types of documentary proof:
A. Legal documents
B. Documents, issued by Israeli government
C. Documents, issued by all kinds of Israeli institutions
D. Affidavits
E. Letters
F. Post receipts
G. Medical documents
H. Newspapers
I. Researches made by International committees and human rights
organizations
J. Proof that in Israel we turned to innumerous organizations,
institutions, police, court, and lawyers for protection
K. Our lawyer's documents
L. Etc.
Practically each statement, described in our refugee claim, was
supported by the documentary proof. Only the list of documents' description
consisted of six pages.
1994-1997. In her translations, our lawyer's secretary/translator
distorted all documents in our refugee claim. One of our two lawyers
submitted several messages to IRB in protest of some outraged events.
He claimed that the IRB members took advantage of the distorted
translations, using them as a tool against us. IRB members used
offensive, illegal methods against Lev. They interrogated only him. No
questions were given to other family members. IRB commissioners
demonstrated their opinion that Lev GUNIN must be punished for his
ideological (political) views. Two members of IRB, immigration judges,
gave the whole initiative to the third member, an immigration officer, a
Jew and - probably - Israeli, who only spoke. During our refugee
hearings she manifested an outraged malicious hatred towards us, and
maintained close contacts with the Israeli embassy in writing, in our
case. IRB members maintained the atmosphere of hostility and
arbitrary attitude towards us.
Denying our refugee claim, the IRB members not just acted unfair. Their
negative decision was not just a refusal to recognize us as
refugees, but a declaration-manifest, which rejected the basic human
rights in principle. In form of declaration, they denied in principle rights
to have an independent opinion, practice or not to practice religion,
be protected by the state. IRB members claimed that if government
paid for immigrants' transportation, immigrants became the property of
that government (a kind of commodity). IRB members also claimed
that police' and other institutions' refusal to give protection was
justified if people had an alternative political /ideological opinion (even
if that
opinion was not expressed to police). They claimed that we alienated
Israelis by keeping controversial opinions, and refusing to change our
views. And so on...
The IRB's negative decision became not just a matter of our personal
fate, but also a matter of human rights in general.
1998. In her speech in the Federal Court, Mrs. Murphy, the Minister's
of Immigration representative, confirmed the IRB members' negative
attitude towards human rights, and also widened personal accusations
against Lev Gunin, turning the question of our refugee status into
the question of his "inadmissible" (by whom?) ideological views. As IRB
did before, Mrs. Murphy refused even to mention Alla Gunin,
Elisabeth Epstein (Gunin), and the children.
The Federal Judge, Mr. Dube, just copied Mrs. Murphy's and the IRB
statements, refusing to evaluate arguments of the TWO sides. He
claimed that - because in their refusal to recognize us as refugees IRB
members used the formula "no minimal credibility", - such cases are
automatically denied by the Federal Court. In reality, his decision was
made in contradiction to another Federal Court judge's decision in our
case, and also contradicted the IRB's final (conclusive) decision. In
that decision IRB agreed that some persecutions against us (they
called them "difficulties") could take place because we abused the
Israelis by refusing to obey their demands to change our views. Mr.
Dube also revealed his partiality by distorting some important events
and attacking our lawyer in personal. A person, whose name was also
Dube, was involved into negotiations between the immigration officer,
Mrs. Malka, and the General Consul of Israel, in our case. We could
not find that person among the IRB headquarters' staff, or among other
immigration divisions. All faxes were submitted to Israeli consulate
from Mrs. Malka, without mentioning any other name (s). However, the
responses from the consulate were submitted to Mr. Dube. We feel
that this mysterious Mr. Dube has something what to do with the Federal
Judge Mr. Dube.
IRB and Mrs. Murphy's accusations against us were such, which are the
prerogative of the criminal court. They accused us so sharp as if
we were killers or terrorists. In reality we are innocent people, never
accused in defamation, or fraud. In the same time, the way they acted
might be easily considered as a criminal offence.
We are appealing not just because of incredible injustice, but because
the removal back to Israel means DEATH for us. If nobody in the
whole world could prevent it, it would mean that if people are deprived
and innocent they might be kidnapped and taken to another country
by force. It would mean that demonstrative humiliations over human
rights, such as the IRB members and Mrs. Murphy expressed, are
tolerated. There are rumors among UN staff that the Universal
Declaration of Human Rights might be changed soon to fit to the brutal and
ultra-religious regimes' requirements. Please, do something for us
before it happened!
The only way to save us is to help us in obtaining the permanent
residents status in any civilized country. That could prevent our eventual
removal to Israel.
Please, help!
Family GUNIN:
Alla, Lev, Ina, and Marta GUNIN
Elisabeth EPSTEIN-Gunin
Tel. (514) 499-1294
E-mail: [leog@total.net]
From Lev GUNIN, April, 1999
Dear Friends!
In 1991 I was deported from my native Belarus to Warsaw because of my
political opinion.
Together with my family (wife and 2 children) and my mother I wanted to
move from Warsaw
to Germany.
On the Central railway station in Warsaw we were captured by Israelis
and were taken to Israel
against our will.
We were widely persecuted in Israel and were refused an exit vise
during 3 and a half years.
In 1994 we managed to quit Israel and came to Canada seeking a refugee
status.
In an outraged manner, openly accenting their rights for injustice, the
members of IRB
committee refused us the status.
Deportation to Israel means death for me and members of my family.
The only solution is to start a legal immigration to Canada.
But we need travel documents to afford it because:
1) our Israeli passports have expired and to extend them is not
possible
2) I asked the Israeli embassy to cancel my Israeli citizenship
We made an appeal to the Federal Court, but our appeal was
automatically rejected
without any analysis of our file, just because of the formula that the
Immigration and
Refugee Board used in their conclusive decision. In the Federal Court,
the Immigration
Canada representative, Mrs. Murphy, expressed outraged accusations
against me,
as if by claiming a refugee status and by criticizing the IRB decision
I have committed
the most violent crime or was a terrorist.
Almost 5 years we (my family, and me) live under a threat of
deportation,
under the wild persecutions of the Immigration Canada, institution,
which
put the equal sign between my peaceful and legal human rights activism
against the former Soviet and Israeli governments' violation of human
rights
- and terrorism!!!
Please, help us!
My best wishes,
Lev GUNIN
August, 1997
E-Mail: leog@total.net
PREVIOUES DOCUMENT NEXT DOCUMENT
PEVIOUS DOCUMENT: [[[GROUP of DOCUMENTS NUMBER 4]]]
DOCUMENT NUMBER 5
From Lev Gunin
File number 3082-7125
CONCLUSIVE DECISION
(Paragraph 69.1 (9) of Immigration Law)
This is the translation in brief
P.1. Paragraph 1. Lev Gunin, Marta and Ina Gunin, Alla Gunin, and
Elisabeth Epstein are not recognized as refugees. Paragraphs 4-7. This
is demanders' declaration in brief: They came to Israel in April 1991.
When they arrived in Petach-Tikva theirs neighbors, orthodox Jews,
were persistent [and aggressive] in their attempts to convert them
[from atheism from one side, and passive Christianity from another side]
to Judaism.
Children, then 5 and 6 years old [*1] - (see commentaries), were abused
during a religious celebration at a kinder-garden [*2]. The governor
has found the situation ordinary. Dispute the transfer to another
kinder-garden children faced abuses. They were bitten, bite by another
children [*3]. The kinder-garden administration refused to protect
them.
Demander was mocked by the employers [*4] and bitten by his colleagues
because he is not a true Jew.
P.2. His wife has difficulties in finding a job [*5] , and when she was
at least hired she was insulted, bitten and - under certain circumstances
- became a victim of a sexual harassment[*6].
There were multiple insults and abuses from theirs neighbors, who were
furious because demanders in their eyes are not true Jews.
They turned to police in innumerous occasions with no results. One time
police itself abused and ill-treated the demander under certain
circumstances. His lawyer told him that nothing could be done against
police.
They contacted innumerous organizations including Amnesty
International. They wrote to members of parliament and contacted a number
of lawyers with no result [*7]. The demander also said that he was
persecuted because of denouncing fascism [7-a].
Demander's mother also became a victim of multiple aggressions. She was
attacked by a group of youngsters when she went to pick up
the children from school [*8]. Policemen at the police station refused
to pay an attention to that incident.
In Nov. 1993 she was attacked by her neighbor; she stroke her by a
basket with oranges and cried to her "goy!". It tool place at a market.
In January 1994 in company with her children she went to pick them up
from school, when she was attacked by a group of youngsters, who
thrown stones at her and injured her [*9].
One evening in 1994 [*10] youngsters, friends of their neighbor, have
thrown a little box at her door [*11]. She composed a letter to police in
that case but police never responded [*12].
P.3. Paragraphs 1-2. In context of that the demander together with his
family including his mother came to ask a refugee status in Canada
[*13].
Paragraph 3. After seeing that declaration, studying their lawyer's
arguments and other material we came to a conclusion that demanders
are not refugees. We came to that conclusion because of the next
reasons:
Paragraphs 4-6. Demanders claim that they flied Israel for seeking an
asylum and because of a number of incidents, which victims they
became. But the tribunal is disagree with that because [...] they all
came to Israel according to Israeli authorities permission and acceptation,
and also because they took an advantage from benefits of a free
transportation to Israel, Israeli citizenship, a certain amount of money for
settlement, a free language course, and other benefits. They also might
use other help because we have the documentation indicated that
the population in Israel gives material help to newcomers.
P.4. Paragraphs 2-5. It is possible that during their life in Israel
they faced some difficulties because some individual ultra-religious feel
that
their rights are violated because of the presence of 2 secular adults
who refuse to practice their religion. But there are no evidences that
Russians are persecuted because of their religion, nationality, or
because they are mixed couples or because they express anti fascist
views as pretend the demander.
In result we were convinced that the demanders are [dangerous for their
state] exaggerators who painted a picture of their state as a state
of slavery, injustice, where Russians are bitten if they do not work
quickly enough, where Russian children are victims of mockery
committing by theirs classmates and teachers, and where Russian women
are victims of sexual harassment. And that all is going on
without any possibility to obtain a protection from the state.
As a result of that the demanders turned to police in several occasions
without success, to innumerous organizations, human rights groups
and to Amnesty International, composed letters to members of parliament
and contacted more then one lawyer without getting any
protection from the state.
It is incongruous to that documentation about Israel, which we have
chosen. This documentation present Israel as a democratic society,
maintaining a justified juridical system in favor of the citizen.
Police never have any discriminatory behavior towards Russian or Arabs.
P..5. Para