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graphs 1-5. Multiple human right organizations are also
presented in Israel, both local and international.
Documentation, which we present, we consider as completely reliable,
when the demanders' documentation we consider as unbelievable.
The tribunal ignored demanders' medical and other certificates and
documents because we have found that their documents show nothing
in particular.
COMMENTS 1. Children age is given incorrectly. Probably, because our
children were younger, and that could give us more sympathy. 2. It
is false. Our children were abused during the celebration as well as in
cause of that celebration (they were not allowed to a "suka" and were
kept in a dark room - because they are "Russians"). It is clear from
our declaration. 3. It is false. They presented the event as if our children
were abused not by the teacher but by the children during the
celebration, when in reality it is the teacher who abused them. 4. They
combine two different event into one what is juridicaly incorrect. 5.
Without a notice that my wife could not find a job because she was
considered as Russian that sentence is incorrect. 6. It is false. She
was not sexually abused. But she was beaten because she refused to
obey the sexual pretensions of an Israeli. It is also false because it
happened not at her first working place but when she became a cleaner.
7. It is false. Complains to Amnesty International gave a result. In
result of them Israeli government let us leave the country. 7-a. It is a
direct distortion. First, the discussion about fascism arose during our
immigration hearings but does not reflected in our declaration. On the
other hand, I never claimed that I was persecuted in Israel solemnly
because of denouncing fascism. The discussion about fascism was
related to my article and to a commentary to it made by the editors of
that newspaper. They wrote that I have to be punished for my views,
that my works have to be destroyed and expressed their aggression
towards my poor person. 8. It is false. Two different events, which
happened in different years, are confused together here. They combined
the event consciously in a kind of nonsense: to make all our
declaration non-reliable. 9. It is false. It is the second from the
above-mentioned events, it mixed with the previous in a strange way. It is
absolutely contradictory with what may be found in the declaration. 10.
We gave a precise month. 11. It is false. A huge box, which was
released to hit our front door (to the entrance to our apartment, and
not to my mother's door - as the tribunal wrote) from the above flour,
has damaged our door. It was breached through. The tribunal presents
the events as if there were no damages. They claim that in a
non-justified wave of panic my mother turned to police, and - naturally
- was refused. They try to present us as exaggerators. 12. My mother
did not compose her letter to police herself. Other people assisted
her. 13. It is false, because that paragraph may be interpreted as if we
flied Israel because somebody threw a little box in our door direction.
In reality from one hand the event with the box was falsified itself, from
another hand, it is clear from the real text of declaration and from
immigration hearings that we left Israel in result of systematic
persecutions and because we were afraid under serious circumstances.
Translation from French and comments were made by Lev Gunin
NEXT DOCUMENT: [[[DOCUMENT NUMBER 6]]]
PREVIOUS DOCUMENT: [[[DOCUMENT NUMBER 5]]]
DOCUMENT NUMBER 6
FROM Lev GUNIN
FILE Number 2948-6524/ 95/76/23/18
ID: 3082-7125/7174/7220/7231/7317/
LIST OF SUPPLEMENTS or LIST OF SUPPORTING DOCUMENTS
SUPPLEMENTS
This is the list of Documents, which I have submitted to Immigration
Canada in support to my refugee claim. There were, I think, more then
50 of other Documents, which are not listed
here. I believe that the total number of documents, which supported my
claim, was about 180-200, and none of them
was rejected by the Immigration Board as non-reliable...
TO VIEW THE ORDER OF DOCUMENTS AVAILABLE ON INTERNET FROM THE LIST
BELOW, CLICK HERE:
[[[DOCUMENT NUMBER 7]]]
1. SUPPLEMENTS, Document 5-a. 5 pages. Letter to Jerusalem Post. 19
June 1991. Refers to Introduction, page 2, paragraph 4.
2. SUPPLEMENTS, Document 6-a. 3 pages. Fax from Israeli consulate to
Mrs. Judith Malka. Refers to Document 1. Paragraph 1.2., point
A).
3. SUPPLEMENTS, Document 7-a. 3 pages. Fax from Maitre Michel Dorи to
Maitre Yves Boirond. Refers to Document 1. Paragraph 1.2.,
point A).
4. SUPPLEMENTS, Document 8. 3 pages. List of Organizations,
Institutions, Persons and Governmental Boards, Where We turned for
Protection in Israel during 1991-1994. Refers to Document 1, page 3,
point C).
5. SUPPLEMENTS, Document 9. 2 pages. Mrs. Marina Heifetz's autograph.
Refers to Document 1, page 3, point C).
6. SUPPLEMENTS, Document 10. 2 pages. Postal receipts. Refers to
Document 1, page 3, point C).
7. SUPPLEMENTS, Document 11. 2 pages. Fax receipt. (Fax was submitted
to Amnesty International in London). Refers to Document 1,
page 3, point C).
8. A room was prepared for a document, which I did not attached.
9. SUPPLEMENTS, Document 13. 2 pages. Medical document from Asharon (or
Ha-Sharon) hospital. Refers to Document 1, page 5, line
5.
10. SUPPLEMENTS, Document 14. 2 pages. From medical center "Golda".
Refers to Document 1, page 5, line 5.
11.SUPPLEMENTS, Document 15. Medical certificate. Refers to Document 1,
page 5, line 5.
12. SUPPLEMENTS, Document 16. Evaluation psychologique. Refers to
Document 1, page 5, line 5.
13. SUPPLEMENTS, Document 17. Medical certificate. Refers to Document
1, page 5, line 5.
14. SUPPLEMENTS, Document 18. Medical certificate from Reddy Memorial
Hospital. Refers to Document 1, page 5, line 5.
15. SUPPLEMENTS, Documents 19 (number of documents: A,B,C,D,E,F,G,H,I,
J,K, L,M,N,O,P). All of them refer to Document 1, page 3,
point D):
16. Document 19-A.1 page. U.S. Jews hold fire in rift with Netanyahu.
17. Document 19-B.1 page. Arabs seek resumption of U.N. session on
Israel.
18. Document 19-C.1 page. Israeli immigrants finding work.
19. Document 19-D.1 page. Ethiopian Jews Riot Over Dumped Blood.
20. Document 19-E. 1 page. A group of children marched along
St.-Alexander...
21. Document 19-F. 1 page. A mourner pauses... page 2
22. Document 19-G. 7 pages. We do not need your love, but just stop
beating us!
23. Document 19-H. 7 pages. Interview with Jonathan Gefen.
24. Document 19-I. 1 page. The Bungling Bank Robbers of Israel.
25. Document 19-J. 2 pages. Fleeing the Promised Land.
26. Document 19-K. 1 page. Name On the Tombstone.
27. Document 19-L. 3 pages. MAOZ, Messianic Jews Almanac. An urgent
call to stop the recent Israeli bill, which could forbade all religions
beside Judaism.
28. Document 19-M. 3 pages. MAOZ, Messianic Jews' Almanac. ONE YEAR IN
PRISON FOR POSSESSING A NEW TESTAMENT.
29. Document 19-N. 1 page. MAOZ, Messianic Jews Almanac. AN URGENT CALL
FOR PRAYER AND SOLIDARITY: "This bill before the
Knesset would render illegal the possession, production, reproduction,
importation and distribution of literature or information, which may
serve to persuade another to change his religious views or
affiliations".
30. Document 19-O. 2 pages. MAOZ, Messianic Jews Almanac. A CALL FOR
PRAYER AND PROTEST.
31. Document 19-P. 1 page. MAOZ, Messianic Jews Almanac. YOU CAN BE
ACTIVE IN THE STRUGGLE FOR FREEDOM IN ISRAEL.
32. SUPPLEMENTS, Documents 20: from A to K: Israeli visas. (Total
number - 11 documents). Refer to Document number 2 (in
Documents, not in Supplements), paragraph 1.16.
33. SUPPLEMENTS, Document 21.
34. SUPPLEMENTS, Document 22.
35. SUPPLEMENTS, Document 23. TO UNITED NATIONS REFUGEE TRIBUNAL
From Family GUNIN
Central European (Windows 1250) Encoding
1. To UN High Commissioner
2. Adjustments
TO UNITED NATION'S HIGH COMMISSIONER OF REFUGEES IN MONTREAL,
MRS. KIM MANCINI
From family GUNIN (Lev, Alla, Ina, Marta,
and Lisa Gunin), refugee claimants, who
were denied the status of refugees (1997), ADDITIONAL MATERIALS
and whose casewas approved for the
judicial control in the Federal Court (1998)
Postal address: 3455 Aylmer St., App. 201, Montreal, Quebec, H2X 2B5
Tel. (514) 499-1294 e-mail: leog@total.net
September, 1998, Montreal
NEW CHANGES IN OUR SITUATION. NEW FACTS, DOCUMENTS, AND EVENTS SINCE
THE FIRST SUBMISSION OF OUR FILE TO
UNITED NATION'S HIGH COMMITTEE OF REFUGEES IN MONTREAL ABOUT 1.5 YEARS
AGO
(By then our file was handed over to Mrs. Luis O'Ben, former head of
United Nations High Committee of Refugees)
CONTENT OF THIS DOCUMENT
I. New Brief Description of Our Immigration Case
II. About Latest Changes in Our Situation
III. What We Expect From You
I
To remind you about details of our case we give its brief description,
made by one of our immigration counselors, Mrs. Anna-Maria
Augenstad:
Shortly before 1991 the authorities ordered Lev Gunin, human rights
activist, to leave his native Belarus, and issued an Israeli visa. In April,
1991, in Warsaw, family Gunin attempted to escape to Germany, but were
captured by Israelis and taken to Israel by force. They came to
Tel-Aviv, including Ina, 4, and Marta, 3-years-old by then. In Israel
the children faced systematic humiliations, mockery, and became
witnesses of severe persecutions against their parents and grandmother.
Without the government permission Gunins could not leave the country.
In 1992 they appealed to the consulate of Belarus in Tel-Aviv, but
were denied the citizenship and access to their native country. They
could live Israel only in 1994 with indirect Amnesty International
involvement. They arrived to Canada, claiming a refugee status. The
Refugee Board (IRB) did not rejected Gunins' claim completely, but
accused the family in provoking persecutions by refusal to change their
believes and religious orientation. Doing that, the IRB denied
Gunins one of the basic human rights: not to be persecuted for their
believes and opinions.
IBR members also contacted Israeli embassy, revealing Gunins' refugee
claim.
IRB members recognized that Gunins started to complain to dozens of
organisations and institutions when they were in Israel, and were
denied protection. But the IRB concluded that the police and other
Israeli institutions' refusal to give family Gunin protection was justified
because of the views, expressed by family members. The IRB also
invented a speculative suggestion that Gunins turned to all these
organizations not for protection but for propaganda against Israel.
They also called Gunins aggressive "exaggerators", dangerous to their
country (they did not use the word "dangerous", but this is what they
mean).
The Immigration Board (IRB) also indirectly called Gunins "property of
Israel" just because the state of Israel paid for Gunins'
transportation from Warsaw to Tel-Aviv. IRB denied the right for all
Russian speaking refugees from Israel to claim a status of refugees in
principle: just because they came to Tel-Aviv for Israel's cost and
because they were allowed to come to Israel according to "the law of
return".
So, IRB in Montreal rejected the refugee claim of family Gunin in the
manner of demonstrative denial of all basic human rights. By rejecting
openly the main principles of the Charter of Rights IRB members
probably tested special humiliation over family Gunin.
Because IRB targeted what is the prerogative of United Nations and
rejected one of the most important United Nations' documents, it was
natural to turn to United Nation asking to protect not only Gunins'
personal rights, but also UN own principles from IRB's attack. This is why
and how Lev Gunin made the previous submission to UN High Commission of
Refugees in Montreal.
II
1. Since then our accommodation in Canada has been improved; we are not
on welfare any more. We started to work more then one year
ago.
2. Our children continued their brilliant accommodation in Canada,
participating in further cultural events since then, including concerts,
performances, and TV shows.
3. The Federal Court approved our case for the judicial control (the
Federal Court's decision is enclosed).
4. The hearing in the Federal Court is scheduled for the 30-th of
September.
5. Israeli consulate in Montreal answered the request to terminate Lev
Gunin?s citiwenship first positively; but lqter expressed inqppropriqte
preconditions (see the folder REASONS For Humanitarian & Compassionate
Cases - further: REASONS).
6. By now (September, 1998) it is clear that the members of IRB,
assigned to our refugee file, finally refused to return us originals of two
among several crucial for our case documents, which they confiscated:
a) card for visitors of a Mossad officer, who contacted and
interrogated Lev Gunin in Israel;
b) and the certified translation of Alla Gunin's birth certificate,
made in 1994, in Tel-Aviv.
7. Uncertain situation and fear of removal from Canada became equal for
us to a moral torture and seriously damaged health of all
members of our family. For further details, please, look over the
folder REASONS. You can also contact our family doctor Wanda
Brzezinska (tel. ).
8. We won sympathy and compassion of a number of lawyers and
immigration counselors, including Maitre Le Brune, Maitre Bouchemin,
Maitre Dore, Maitre Tobolewsky, Maitre Drozdowski, and others, who did
or doing just great work for us or give us advises. If such a
marvelous and numerous team of lawyers could do nothing against unfair
immigration decisions, it will mean the end of the legal defense
for the refugee claimants.
9. We have collected a big number of signatures under a petition to the
Minister of Immigration.
10. Our case caused some international repercussions, including several
forums on Internet, specially dedicated to us by web sites owners
and designers in several countries. They attracted hundreds of entries.
11. We won sympathy and support of some institutions including school
F.A.C.E., which our children attend.
12. Some famous personalities gave referrals to Lev Gunin or composed
separate petitions to the Ministry of Immigration.
13. Our legal staff prepared an application for Humanitarian and
Compassionate cases program.
14. But in spite of all these achievements we still can be removed to
Israel in case of a negative decision in the Federal Court or later, in
result of eventual further refugee hearings. Such a removal would end
our lives tragically.
15. We would like to abandon our refugee program and start an
independent immigration, but this is impossible because of the next
obstacles:
1) We consider ourselves as stateless persons (see REASONS)
2) Besides, our Israeli passports have been expired or expiring. It is
impossible to extend them (see in REASONS, why)
4) One of us has steady exchange of correspondence with the Israeli
consulate in terms of termination of his Israeli citizenship
3) Our appeal for Humanitarian & Compassionate cases could be also
rejected: because immigration officials often support previously
made by their colleagues decisions in solidarity with them, no matter
how unfair they were.
16. All lawyers, which served us or consulted us did not "recommend" us
to reveal the fact that we were taken to Israel by force. Being
afraid that we can loose their sympathy and emotional support we had to
agree not to include this statement in our refugee claim. We need
help in finding a lawyer who will admit our claim as a whole, without
cutting the fact that we were taken to Israel by force if even he thinks
that it will diminish our chances. The only thing we want now is truth.
17. This document is followed by the letter of Elisabeth Epstein, and
then - by the copy of an adjustment to an application for Humanitarian
and Compassionate cases, which was prepared by one of our counselors in
case of a negative decision in the Federal Court (it entitled
REASONS). All new events, facts, documents, changes, and arguments were
presented in this document, as well is everything we would
like to tell you about our situation. REASONS is the new basic
document, which we submit to you in our case.
More materials can be found on Internet:
[http://www.total.net/~leog/appealX.htm]
III
What We Expect From You?
A) We hope that you might prevent or even exclude our removal in case
of a negative decision in the Federal Court.
And
B) Help us with an extortion of termination of our Israeli citizenship
from Israeli consulate. This citizenship was given to us against our will
and must be terminated.
And /Or
C) Help us with obtaining any valid travel documents and the Mexican
visa for an interview in Canadian consulate for an independent
immigration.
Or
D) Make your own decision recognizing us as refugees
Or
E) Find a way to obtain for us a granted permanent residency in any
country, where we could avoid persecutions, and subsist, eventually
working and supporting ourselves without public aide, from the next:
Great Britain, France, Germany, Poland, Belgium, Canada.
Best regards,
Family GUNIN
ADJUSTMENTS FOR APPEAL TO UN REFUGEE TRIBUNAL
From Lev Gunin, former citizen of USSR (now - Belarus),
formal citizen of Israel (asked for termination of his citizenship).
Montreal, Oct. 1998
Tel. (514) 499-1294
E-mail: [leog@total.net]
3455 Aylmer St., App. 210, Montreal, Quebec, H2X 2B5
Around October, 18, a negative decision, signed by the Federal Court's
judge Mr. Dubй, came to my lawyer's office. The date on the
decision was October, 8, 1998. They might submit it so late on purpose,
to prevent me from starting another immigration program before an
eventual deportation order.
In His conclusions Mister Judge claimed again that the IRB used "no
minimal credibility" formula (paragraph [7] ) towards our refugee claim,
what is not completely true. He called the documentary prove, that we
and our three lawyers presented, an accumulation of innumerous
documentary prove from the " sources fiables " (week sources),
including medical documents, requests and protests of my Israeli lawyer
about the State Labor Exchange refusal to register me (what is
something like an e