1 Lev Gunin - Humanitarian & Compassionate Cases - File Number 2948-6524/95/76/23/18 IMM - 1462-97 (In Addition to Form IMM 5283 (02-98) E) REASONS ADJUSTMENT TO SUPPLEMENTARY INFORMATION HUMANITARIAN & COMPASSIONATE CASES Grounds for Exemption - Adjustment to Paragraphs A and B [ A) Canadian Immigration law requires applicants for permanent residence to obtain an immigrant visa outside Canada, before coming to Canada. Explain why you believe that your application for permanent residence should be processed from within Canada as an exception] [ B) What hardship would you have if appeal from outside Canada?] MAIN PART ABOUT THE STRUCTURE OF MAIN PART Main part describes each paragraph from the listed above in details. In Main Part, these paragraphs called Part 1, Part 2, Part 3, Part 4, etc. Each description contains the general descriptions, which are a part of this document, and a number of referrals, data, and links, which correspond to other documents with further detailing, proof, description, and explanation. (There are 2 big chapters of reasons why Applicants can not apply from outside Canada: First 7 Groups [A] and Second 7 Groups [B]). Documents, which this document refers to, are: a) PIF of the immigration file (PIF) b) Audio-cassettes from the refugee hearings (CASSETTES) c) Documents from Applicants' file, which was founded and maintained by their lawyer (LAWYER'S FILE) d) Package of documents, composed by Applicants for the post-determination officer and for the Federal Court (APPLICANTS) e) All documents, which were composed by the Ministry of Immigration in Applicants' case (MINISTRY) f) All material proof and supplementary documents, such as medical documents, newspapers, affidavits, legal, official and other documents, which were added after the 1-st of April, 1998 (SUPPLEMENTARY DOCUMENTS-2) g) Documents, which illustrate and explain why Applicants could bring an exceptional contribution into Canadian cultural heritage (EXCEPTIONAL CONTRIBUTION, WHICH GUNINS COULD - Humanitarian & Compassionate Cases - page 2 - BRING TO CANADIAN HERITAGE). REMARK: Decisions taken by the Post-Determination officer and by Federal Court in Applicants' case does not matter for evaluation of the documents described in paragraphs d), e), and f) because these documents might not being taken into consideration when the decisions were made (see all decisions in our case). It is also obvious that the same document might have different values and meaning for different immigration programs, and must be evaluated from the Humanitarian and Compassionate grounds point of view only. ATTENTION! We absolutely demand that before reading this document you read first the copies of our three letters to the High Commissioner of Refugees. Without reading them you could not understand the most delicate and sensitive issues of our situation. If you'll study this document first, it might make a wrong impression. So, we claim that it is absolutely necessary to read above mentioned three document before. These 3 letters are enclosed and attached right after this document. FIRST 7 GROUPS OF REASONS (PARTS) [ A) Canadian Immigration law requires applicants for permanent residence to obtain an immigrant visa outside Canada, before coming to Canada. Explain why you believe that your application for permanent residence should be processed from within Canada as an exception] 1. Applicants consider themselves as people without citizenship (see below) 2. Passport of the principal Applicant has been expired; its extension is not possible through Israeli consulates in Canada (see below) 3. It is also impossible to extend the expired passport in Israel, because there passports are confiscated from some refugee claimants (see below) 4. In spite of the refugee board's negative decision in Applicants' case the danger to their security, health or even lives still exist in Israel. The Refugee Board (IRB) did not reject Applicants' claim completely, but accused the family in provoking persecutions by refusal to change their believes and religious orientation. Doing that, the IRB denied Applicants one of the basic human rights: not to be persecuted for their believes and opinions (see below). During debates in the Federal Court Immigration representative, Mrs. Murphy, went even further, replacing the question about credibility of our refugee claim and IRB's decision by attacks on my personality (see ADJUSTMENTS FOR APPEAL TO UN REFUGEE TRIBUNAL). The Federal Court Humanitarian & Compassionate Cases - page 3 - judge, Monsieur Le Juge J. E. Dubй, committed several legal mistakes, missing up our case with an unreal one (we never received an IRB's decision with "aucune crйdibilitй" remark; if we would appeal the "no minimal credibility" formula, we had no chances to win, but a positive decision to allow us the judicial control was already issued by the Federal Court's judge, Monsieur Le Juge Tremblay-Lamer). He also claimed that the analysis of IRB's evaluation of our personal claim is not in the jurisdiction of the Federal Court: this is why he replaced it by a generalised statement about how good the state of Israel treats the Russian-speaking people. Even if our case was missed with another one, I see here a violation of the legal procedure itself - because we appealed not the results of the theoretical dispute around human rights in Israel, which - as any other dispute - can not be solved synonymously, but the practical IRB's decision about our personal refugee claim, which affected our personal lives and brought us to a suicidal situation! (see the copy of an appeal to UN High Commissioner for Refugees because of our drastic situation after the Federal Court's negative decision; also compare the texts of IRB's Conclusive Decision - see in the folder MINISTRY, Federal Court's positive decision to allow us the hearing for the Judicial Control, and Mister Judge Dubй's decision in our case - see in the folder SUPPLEMENTARY DOCUMENTS-2) 5. The principle Applicant submitted a request to Israeli government to abandon his Israeli citizenship (see explanations below) 6. If after 4 years in Canada Applicants' children would be sent away - this would be an inhuman action. 7. Members of Applicants' family can bring an exceptional contribution into Canadian cultural heritage (see below) DESCRIPTIONS PART 1 - (a) Thesis: Applicants consider themselves as people without citizenship. Applicants claim that they were actually deported from their native country (Belarus) to Israel against their will (see folder APPLICANTS, document # 2) They also claim that in Warsaw Israeli officials prevented them from going to Germany and took them to Israel by force (see: APPLICANTS, document #2, pages 7,8,9) - Humanitarian & Compassionate Cases - page 4 - Therefore, in spite of their protests and disagreements Applicants were taken to the state of Israel (see: APPLICANTS, document # 2, pages 7,8,9) Applicants believe that Israeli citizenship was thrust on them, and they would like not to use it for the independent immigration procedure from outside Canada Any attempts to force Applicants to use the citizenship, which - they believe - was given to them against their will, would severely violate the basic principles of human rights and freedoms This is one of the reasons why they must be given a possibility to apply from within the country Applicants also submitted several messages to Israeli government in Lev GUNIN's name asking the Israeli government to terminate his Israeli citizenship. The copy of these letters and the responses from Israeli side are enclosed (see them among SUPPLEMENTARY DOCUMENTS-2, Requests for Citizenship Termination). In 1993, Applicants applied to the consulate of Belarus in Tel-Aviv, asking for restoration of their Belorusian citizenship, but were denied. This part mainly refers to next documents: 1) APPLICANTS, Document #2 2) APPLICANTS, Supplements 3) Copies of the letters to Israeli government and consulate, and the responses (SUPPLEMENTARY DOCUMENTS-2, Requests for Citizenship Termination, doc. 9, 10, 11, etc.) PART 2 - (a) Thesis: Passport of the principal Applicant has been expired; its extension is not possible through Israeli consulate in Canada The Israeli passport of one of the Applicants (Lev GUNIN's passport) has been expired already by March 1998 (see the photocopy of the passport: SUPPLEMENTARY DOCUMENTS-2, documents 4, 4-a). - Humanitarian & Compassionate Cases - page 5 - If even an obstacle to use Israeli passports, described in the Part 1, would not exist, an extension of Lev Gunin's expired passport is not possible anyway because of the next reasons: 1) Israeli consulates practice refusals to extend passports of Russian speaking refugee claimants (see SUPPLEMENTARY DOCUMENTS-2, document number 5). 2) Israeli consulates not just reject the requests to extend an Israeli passport, but also practicing humiliation over Russian speaking visitors (see SUPPLEMENTARY DOCUMENTS-2, document number 6). 3) A stamp "claimed a refugee status in Canada" is placed in passports of those, who claimed the refugee status in Canada, instead of the extension (see SUPPLEMENTARY DOCUMENTS-2, document number 7). PART 3 - (a) Thesis: It is also impossible to extend the expired passport in Israel, because passports are confiscated from refugee claimants (See: SUPPLEMENTARY DOCUMENTS-2, document number 8) Because Lev Gunin's Israeli passport has been expired, Applicants can not go outside Canada for obtaining a Canadian immigration visa. The only country they could go to is the state of Israel. However, it is widely known that when people who claimed a refugee status in Canada return to Israel, their passports might be confiscated: if Israeli authorities know that they claimed a refugee status. Madam Judith Malka, the immigration officer, member of the IRB assigned to Applicants' refugee file, informed Israeli consulate about Applicants' refugee claim (see: APPLICANTS, document 1, INTRODUCTION, and also: pages 7, 8, 9, 10, 14, 15, 16, 17, 18). Therefore, Applicants belong to the category of people, whose passports must be eventually confiscated in Israel. All necessary documents are enclosed. Part 4 - (a) Thesis: 1) In spite of the refugee board's negative decision in Applicants' case the danger to their security, health or even lives still exist in Israel. The Refugee Board (IRB) did not reject Applicants' claim completely, but accused the family in provoking persecutions by refusal to change their believes and religious orientation. Doing that, the IRB denied Applicants one of the basic human rights: Humanitarian & Compassionate Cases - page 6 - not to be persecuted for their believes and opinions. 2)Immigration representative, Mrs. Murphy, only enforced that attitude in her speech in the Federal Court. 3)We believe, that giving His negative decision, the Judge of the Federal Court did severe mistakes violating the legal procedure itself. 1) See the analyses of the negative decision in folder "APPLICANTS", Document #5, Conclusive Decision; and in Group of Documents # 4 2) See ADJUSTMENTS FOR APPEAL TO UN REFUGEE TRIBUNAL (folder SUPPLEMENTARY DOCUMENTS-2) 3) See this document, FIRST 7 GROUPS OF REASONS (PARTS), paragraph 4 Part 5 - (a) Thesis: One of the Applicants (Mr. Lev Gunin) has submitted a request to Israeli government to abandon his Israeli citizenship He was submitting the same request several times, first time in 1994, when he was in Israel. Since 1994, in Canada, he used to submit such a - request once a year, since 1996. The latest request was submitted on September 10, 1998, by his consultant, Anna-Maria Augestad. The copies of the requests and other relating documents are enclosed (see Copies of the letter to Israeli government (consulate) and the responses in folder Supplementary Documents-2, Requests for Citizenship Termination). Part 6 - (a) Thesis: If after 4 years in Canada Applicants' children would be sent away - this would be an inhuman action. The children accommodated in Canada very well, when in Israel they suffered from neuroses and hiperkinesys (see this document, SECOND 6 GROUPS OF REASONS, Part one). If they will be sent away from here, where they feel secure, convenient and equal, back to the nightmare they lived under when they were in Israel, - this would be an inhuman action. See also a letter from Elisabeth Epstein, related to this issue (SUPPLEMENTARY DOCUMENTS-2, doc. 1). Part 7 - (a) - Humanitarian & Compassionate Cases - page 7 - Thesis: Members of Applicants' family could bring an exceptional contribution into Canadian cultural heritage. Everything, which relates to this part, is described in additional documents (REASONS For Humanitarian and Compassionate cases, sub-folder CONTRIBUTION): a) Introduction for: "Exceptional contribution, which Gunins could bring to Canadian cultural heritage". b) Evaluation of Lev Gunin as a talented musician / musical composer. c) Evaluation of Lev Gunin as a poet and writer. d) Evaluation of Lev Gunin as a human right activist, historian, and a thinker. e) Evaluation of Ina and Marta Gunin. f) Evaluation of Gunins as a family. SECOND 7 GROUPS OF REASONS (PARTS) [ B) What hardship would you have if appeal from outside Canada?] 1. An irreversible damage could be cause to Applicants' health if they will be forced to apply from outside Canada (see below) 2. Applicants' lives could be under a threat (see below) 3. Mistakes, committed by the members of the refugee board (IRB), Mrs. Murphy, put Applicants' health and lives under an additional threat (see below) 4. Applicants might face ill treatment and extreme sanctions if they will be forced to appeal from outside Canada (see below) 5. Both Israeli authorities and IRB consider one of the Applicants as an enemy of Israel with a tendency to justify any punishment (see below) 6. Direct threats to Applicants used to come from Israel even here, to Montreal (see below) 7. Because of all above-mentioned reasons exceptional hardship for Applicants to apply from outside Canada (from Israel) seems obvious (see below). A special permission (pass) is required to leave Israel. Lev GUNIN was always refused that "departure authorization" during 3,5 years, when he lived in Israel. He links Israeli authorities' decision to give him at least that authorization with his appeal to Amnesty International in 1994. Authorities in Israel will never give it to Gunins again (Israeli authorities refusal to give Gunins permission to leave the state of Israel during 3 years was discussed during their refugee hearing; refers to CASSETTES). So, he never could do the independent immigration procedure from outside Canada because Israeli authorities will never let him leave Israel again! The certified translation of that pass - permission - (2-pages document) was presented to the IRB in Montreal and can be found in folder SUPPLEMENTS-2. Humanitarian & Compassionate Cases - page 8 - Part 1 - (b) Thesis: An irreversible damage could be caused to Applicants health if they will be forced to apply from outside Canada There are 5 main reasons for that: 1) Because one of Applicants' passports has been expired, and can not be extended (see: SUPPLEMENTARY DOCUMENTS-2, documents 5,6,7,8,9,10,11, etc.) Applicants could go outside Canada only to Israel. In the same time Applicants have so much fear of what they believe could threat their freedom, lives, right not to be persecuted, if they would be forced back to Israel, that it alone could damage their health by a psychological shock (see: APPLICANTS, Document 1). Three and a half years in Israel already damaged Applicants' health so much that now another push towards the same country may lead to irreversible damage to their health. This issue was described or reflected in next documents: APPLICANTS, Document #1, pages 5,6,7,8,17,18; NOTE OF MOTION OF EXTENSION OF TIME; SUPPLEMENTS; see the list of medical documents. To evaluate this point it is necessary to read over all documents in this submission. To examine this point, please, read over the above mentioned documents. [Please, also look over all medical documents in SUPPLEMENTARY DOCUMENTS-2, sub-folder MEDICAL]. 2) What Applicants consider as IBR members' humiliating behavior and partiality provoked Applicants to feel themselves completely unprotected, insecure, bad-treated and insulted (see: APPLICANTS, Document #1, pages # 3-8, 14-18; Document #4, parts 1,2, and 3; Document #5; also see: LAWYER'S FILE, Document # ). This caused an additional damage to their health. Part 2 - (b) Thesis: Applicants' lives could be under a threat Applicants' lives might be under a threat if they will be forced to appeal from outside Canada. Predictable inhuman treatment and extreme sanctions against them in Israel (because this is the only country they can go: please, read over the First seven reasons, this document, page #2) can put even their lives under a threat. They already faced inhuman treatment and extreme sanctions in Israel (see: APPLICANTS, Document #1, pages # 10-14, 16-19), and there are same significant indications (see the same documents) that the both inhuman treatment and extreme - Humanitarian & Compassionate Cases - page 9 - sanctions will be used against them again as soon as they will enter the state of Israel. Such a sensitive towards some specific items state as Israel might retaliate against Lev Gunin even for his request to terminate his Israeli citizenship. Both adults - both husband and wife - already suffering from: she - chronically fatigue and depression, he - from hyper tension and other blood vessel disorders, as well as neurological disorders in result of what - they believe - happened to them in Israel. Their heath disorders were jeopardized because of extremely painful and dramatically tenth immigration collisions. Now the state of their health is not a direct threat to their lives. But if removed to Israel, Applicants could face any father damage to their health, and then it could become irreversible. Besides, Applicants' lives might be under a threat in Israel: sooner or later. The latest documents enclosed by Applicants in this submission present some further explanations. Part 3 - (b) Thesis: Actions, committed by the members of the refugee board (IRB), put Applicants' health and lives under an additional threat. In her speech in the Federal Court Immigration representative, Mrs. Murphy, repeated IRB's mistakes, and even enforced them Non-compatible with the status of IRB actions, which were committed by the IRB members, assigned to Applicants' file, directly increased an eventual danger for Applicants if they would be forced to go back to Israel: 1. IRB members contacted Israeli embassy and denounced (disclosed) Applicants' refugee claim (see next documents: APPLICANTS, Group of Documents #4, document #3 (p.p.1,2,3); APPLICANTS, document #1 (page 1, paragraph 3, points 2,3,5,8, 11); APPLICANTS, document #1, INTRODUCTION, and pages 7, 8, 9, 10, 14, 15, 16, 17, 18; SUPPLEMENTS, documents #6, 7). IRB members had no reasonable grounds to do that (APPLICANTS, document #1, page 13, paragraph "D"). The disclosure of Applicants' refugee claim to Israeli officials from one side shows the total ambivalence of the IRB members towards refugee claimants' security, and from another side caused an additional severe threat to their freedoms and lives if they will be moved to Israel. 2. IRB members presented Applicants as exaggerators, who committed themselves to spread slander against "their" state (see next documents: - Humanitarian & Compassionate Cases - p.10 - APPLICANTS, Group of Documents # 4, Document #3 (p.3, paragraph 4; p.4, 3 last paragraphs; p.5); APPLICANTS, Document #5, p.2, paragraph P.4). 3. IRB members pretended that the Applicants appealed to dozens of institutions and organizations in Israel (with complains) not for protection but to spread slander against "their" country (see: APPLICANTS, document #5, p.2, paragraph P.4). IRB members recognised that Applicants started to complain to dozens of organizations and institutions when they lived 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 (folder APPLICANTS, document 5, page 3). The IRB also invented a speculative suggestion that Gunins turned to all these organisations not for protection but for propaganda against Israel (APPLICANTS, document 5, page 3). 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" (see APPLICANTS, document 5, page 2, paragraph P.3). 4. IRB members expressed almost direct insinuations that Applicants came to Canada to defame against "their" country, just camouflaging it by the refugee claim (see APPLICANTS, document 5, page 2, paragraph P.3). 5. Therefore the general ideologically-motivated line in IRB statements and in their questions during interrogations put the equal sign between peaceful protests against human rights violations, Applicants' attempts to defend themselves, their human dignity in Israel, - and revolutionary activity, defamation and/or mutiny. 6. Everything, starting from IRB members' replicas during the hearing, to their negative decision's text, is a direct encouragement for Israelis to continue persecutions of Applicants. Or a direct order... Part 4 - (b) Thesis: Applicants might face ill treatment and extreme sanctions if they will be forced to appeal from outside Canada It is clear from the above placed information that Applicants can go outside Canada only to Israel. But in Israel Applicants would face ill treatment and extreme sanctions. - Humanitarian & Compassionate Cases - p.11 - This part correspond to all above mentioned reasons. To learn more, please, read over next documents: folder APPLICANTS, document#1, page 16, INHUMAN TREATMENT; folder APPLICANTS, document#1, page 10; APPLICANTS, GROUP OF DOCUMENTS #4, document#1. Part 5 - (b) Thesis: Both Israeli authorities and IRB considered one of the Applicants (L. Gunin) as an enemy of Israel with a tendency to justify any punishment. This consideration goes in contradiction with the clear evidence that the only thing he wants is to be away from the state of Israel, and the only method he's using to achieve it is the peaceful, legal approach. The Refugee Board's treatment of Mr. Gunin is evidently not independent. During their evaluation of GUNINS' claim they were in close contacts with Israeli embassy. They clearly demonstrated a tendency to represent the attitude from the Israeli point of view before the objective evaluation of the dangers for the refugee claimants in case of their removal. Instead of defining whether or not the removal of the refugee claimants from Canada is dangerous for them, they made attempts to define their "guilt". Instead, the Refugee Board turned itself into a kind of a criminal (or, rather, a political) court, accusing Applicants in exaggerations, propaganda against Israel, and other "crimes". The very tone of the negative conclusive decision is not a neutral, but accusational. The same tone was used by all Israeli official documents, which concern Applicants. Part 6 - (b) Thesis: Direct threats to Applicants used to come from Israel even here, to Montreal Israeli state radio and newspapers used to make direct provocation against Lev Gunin trying to cause violence against him, playing on sensitive issues. Applicants also used to get mails from Israel, which reflected some actual threats to them. There also were malicious telephone threats, e-mails, and other forms of threats. Applicants believe that an official status in Canada given to them could put an immediate end to such threats. In the same time these threats proved that if removed to Israel Applicants would face malicious anger of Israeli authorities as well as of ordinary Israelis [see APPLICANTS, SUPPLEMENTS, documents #30 ("A" and "B")]. - Humanitarian & Compassionate Cases - p.12 - Part 7 - (b) Thesis: Because of all above mentioned reasons the extreme hardship for Applicants to apply from outside Canada (from Israel) seems obvious. Applicants can never apply from Israel (the only country they can go) for Canadian permanent residency because of: 1) predictable persecutions; 2) impossibility of accommodation in Israel; 3) eventual confiscation of Applicants' passports; 4) a special permission, which is required in Israel to leave the country; Israeli authorities will never give it to Lev Gunin again (the permission issue was already discussed during the refugee hearings). Resume: Family Gunin suffered a lot. They went through dramatic, drastic, and tragic events. It is absolutely clear that they can not apply for permanent residency in Canada from outside Canada. A refusal to give them a possibility to apply from within Canada will bring their lives to a tragic end. If humanity and compassion is not for them - for whom then? IMPORTANT NOTICE: PLEASE, TAKE INTO CONSIDERATION THAT SOME OF THE DOCUMENTS, MENTIONED HERE AND IN OTHER DECLARATIONS, WITH REFERRAL TRACES, MIGHT BE SUBMITTED 1-2 WEEKS AFTER PART 2 Lev Gunin - Humanitarian & Compassionate Cases IMM Second Additional Document [refers to the form 5283 (02-98) E] Exceptional contribution, which Gunins could bring to Canadian cultural heritage REFERS TO REASONS ADJUSTMENT TO SUPPLEMENTARY INFORMATION HUMANITARIAN & COMPASSIONATE CASES Grounds for Exemption - Adjustment to Paragraphs A and B Three members of Applicants' family can bring an exceptional contribution into Canadian cultural heritage. 1. Mr. L. Gunin is a productive musical composer, journalist, historian, poet, writer, and amateur photographer. He is also an advance computer designer and HTML programmer. Mr. Lev GUNIN is an editor of two non-commercial Montreal-based newspapers: in Polish and in Russian languages. He is an owner and editor of 11 web sited on Internet; 7 of them are E-Zines. His newspapers and E-Zines became wide known among International Internet community. People submitted him tenth of mails and thousands of E-mails. They expressed their interest and approval. His creative works in Russian (poetry and prose) became known on faculties of Russian Literature in a number of universities, for example, in Gomel University (Belarus) or Moscow State University (Russia). A number of famous personalities like a famous Russian writer Vladimir Batchev or poet Andrei Voznesensky spoke with warmth about L.Gunin's poetry. Mr. Josef Brodsky, Noble Prize-winner, has marked his poetry as unusual and sophisticated. Mr. Gunin's essays were published in huge number in Belarus, Russia, Israel, Germany, France, Poland, and Canada. Interviews with him were published by the leading Russian newspaper "Vesti" in Israel (1994) and by the Radio "Russian Aliance" in Montreal, Canada (1998). World-famous writer and scenario creator, author of the famous American movie "Hostages", Mr. Grigory Svirski, citizen of Canada, gave the highest approval to L. Gunin's creative and social activity. Gunin's prose and poetry were added to the most complete and famous electronic Russian libraries (Alex Farber & Maxim Moshkov's library, for example). Mr. Gunin is an author of numerous contemporary compositions for piano, orchestra, choral, instrumental duets, trios, etc., and also electronic music and songs in jazz, pop and rock styles. In Montreal he took part in a number of music festivals, concerts, and other types of musical activity. During his Montreal's life period he released several musical albums with other musicians and poets - both immigrants and Canadian citizens. He created several songs with relatively well-known Montreal poet Miguel Lamiel. His music was placed on Internet. He participated in so many musical events that they hardly could be listed. Mr. Gunin is a member of Montreal-based Saint-Lawrence choral (the leading in Quebec) and Union Des Artist. Mr. Gunin is a known human rights activist, recognised by many informal human rights groups all over the world. He maintains contacts with the leading human rights organisations. Mr. Gunin's works about the history of Belarus were approved by all leading professional historians in Belarus, including A. Gritzkievich, A. Tarasov, O.Dadiomova, V. Posse, etc. His work "BOBRUYSK" is a unique monograph of that kind among the books about Belorusian cities. He is also an author of works in music history, musicology, theory of music, counterpoint, art, and culture. He is an author of a number of philosophical essays and works in political science. As an amateur photographer he has a fresh, colourful and original style. Mr Gunin is an advanced amateur computer technician, designer and HTML programmer. He is also an amateur architect. All about mentioned information is supported by documents, referrals, photos, diplomas, certificates, etc. This supplementary information evaluates each sphere of Mr. Gunin's activity separately, and could be divided on next parts: 1) Music plus works in musicology 2) Poetry 3) Prose 4) Journalism 5) Works in history 6) Computer skills + HTML programming This 6 groups of documents will be submitted 1-2 days later or could be presented on your request. One can ask: Why - if he is so talented - we never heard about him? This is because in the former USSR Lev was seriously persecuted (read over folder Applicants, document 2), his creative works were not compatible with the communist ideology - and therefore could not be officially presented for publications or awards. All doors were closed before him, and his carrier was broken in advance. Could he make his carrier in Israel - country, where he never wished to go and where he was taken by force; country, which he criticised long before he was taken there? (See: Applicants, Documents 1, 2, etc.). Of course, not! In Israel he was also widely persecuted. He was not permitted to work in his profession; even an employment authorisation was refused him: formally an Israeli citizen! Newspapers in Israel called him "an enemy"; Israeli State radio called him "an enemy"! (See other documents). He could not advance in his attempts to be treated like other people (see attached documents)... Now, in Canada... In spite of the pressure of his tragic immigration situation, uncertain status, time and money-consuming fight for not to be removed from Canada, time-consuming self-training to polish his French and English, French course, low social status related to his immigration situation, hardness of accommodation period, and myriad of other obstacles, Canada became the first country in his life, where he is little by little - but advancing. For almost 4 years in Montreal (taking in consideration his unstable immigration situation) his achievements are just great! You can learn more about them in supplementary information (see the bottom of the previous page). There is another part of Mr. Gunin's activity, which is hidden and not so evidently impressive among his achievements, but - in the same time - is very important and means a breakthrough for him. This activity could play a role of his achievements or substitute them in some cases, or explain why more impressive results can be predicted because of next reasons: a) He was and is still restoring some of his manuscripts, confiscated by the former Soviet or by the Israeli authorities. b) Before showing his musical or literacy works to potential publishers, managers or sponsors he had to make them readable, retype, print and fold them, make musical records in professional recording studios, what he did during 3 years. This process is almost finished by now. c) It took time also to meet important people and find other musicians with whom he could record his music. d) To do that all and to avoid ignorance in creative people' environment, to keep himself technically updated, he had to buy (or get as an offer) expensive equipment, which he could not get just instantly. By now the most important part of such equipment has been purchased or obtained. e) Typing, retyping, scanning, printing hundreds of pages, making professional recordings, translating if necessary, and creating musical arrangements was a long, money- and time-consuming process, but it was absolutely necessary for preparation of a potential future success. f) Editing and preparing his works for presentations, Lev Gunin did a huge, monumental job in relatively unfavourable situation. In spite of his hard attempts and his present achievements he can not complete and persuade his goals without any stable status in Canada. By these 6 above-placed paragraphs ("a" - "f") we wanted to show that he is not just a talented person but also a hard worker; and he did maximum of the possible in his situation to gain success, and deserves to be given a chance to make society benefiting from his talents. It would be absolutely unfair if such a person will be removed from Canada as if he was an ordinary person without any creativity and without monumental creative goals... The former Soviet Union was a classical totalitarian power. This power took away Lev Gunin's future, prevented the society from benefiting from his talents, and made his life tragic and unbearable. An evil force sent him to another country: where he did not want to go and where the verdict against him, taken once by the Soviet authorities, was confirmed. It is not in the best interests of Canada to maintain the consequences of what one of the most brutal regimes in History did to this man. It would be a tragic mistake if Canada will manifest support to a former brutal regime's decision and will regenerate in time the destructive effect to Lev Gunin's life, which was originally generated by the former totalitarian regime. Will Lev Gunin become a famous musical composer or a poet, will he concentrate on literature or on history, will his creativity been targeting just his closely friendship environment; will he get a professional job in music or will work as a volunteer on the amateur scale (as a member of a choral or an instrumental group), the society will benefit from his creativity anyway. We were not committed here to discuss social mechanisms, which put up one talented person to the top of success, and another one, may be, more talented, don't. We are not here to analyse why J. S. Bach, V. A. Mozart, F. Schubert, Van Gogh, and other genius, died in poverty and obscurity. But we know that the society benefited from their talents even without recognising their creative superiority. In the same way it might benefit from Lev Gunin's creativity if he would be left alone, out of the threat of deportation. We strongly believe that the rejection of his refugee claim came as the result of extreme generalisation, partiality and was generated by the influence of the state of Israel. It is in the interests of justice to let him stay in Canada. 2. Alla Gunin is a creative and hard-working person, reliable and honest. During all years of persecution, instability, sometimes financial difficulties, and threat of deportation - during the last 4 years, she always was with her family, with her husband and children. In spite of her deep depression, caused of the immigrations situation, she gave all her love, her creativity, and her support to her husband and children. I don't know any other example, when in similar situation, which could be compared for that poor family with the war-time, another woman did so much for her love ones! Gunins children's excellent performance in that tragic, drastic situation could be explained not only by their father's participation in their education, but by their mother's creativity and love. 3. Ina Gunin is a perspective talented musician, music and storywriter. From her very young age Ina Gunin was a gifted and promising musician, good in both instrumental and theoretical spheres. She is an advanced for her age piano player (certificates and other documents are enclosed), a flute player, a member of F.A.C.E. Junior Tremble choir, conducted by well-known Erica Phar, and another choir, conducted by Mr. Yvon Edwards. Ina is also a young musical composer, and a good theoretician. When she was just 4 years old, Ina started to create tales and stories. Now she is an advanced storywriter. She has written tenth of them in French and in English. All necessary documents are enclosed. (Some of them might be submitted in an additional envelops). 4. Marta Gunin is a talented ballerina, recognised by all ballet teachers as an exceptionally talented young ballerina, may be just one of 2-3 in Canada. She was chosen by the National Ballet of Canada among many other children as the one of the most talented. Marta is a gifted ballerina. She is dancing from 4 years old. She has good skills and abilities, good physical form, esthetical and rhythmical feeling - and she is very nice in movements and in everything she is doing. The director of the National Ballet educational department M-me Bishop recognised Marta as an extremely talented person. All Marta's ballet teachers predict her a great future. She already participated in several big performances in several theatres, including Jean-Mance theatre, Clark Theatre, and she must participate in the big "Nutcracker" (ballet) Christmas performance. Marta is also a storywriter, a musician and an amateur young musical composer. All necessary documents are enclosed. (Some of them might be submitted in an additional envelops). Gunins are a peaceful, harmonically-established, honest family. The both adults are working. What will gain Canada by deporting such nice people? As far as I see it is impossible for them to apply for immigration from outside Canada, and it must be obvious for everybody. They suffered so much... much more then any other family on Earth. Maybe, it is enough to torment them? Try to imagine yourself, your children, your love ones on their places! If Humanity and Compassion is not for them, for whom then?! Sincerely, Anna-Maria Augestat, Canadian Citizen Tel. (450) 923-2967 ( ! ) Brochures, prospects, photos, diplomas, memos, referral letters, albums, and material evidences of GUNINS' participation in Montreal's cultural life are so numerous, that most of them might be presented during the time of an interview LIST OF PHOTOS (BOBRUISK, 1974 - 1991) 1. Lev GUNIN with rock-group "Karasi". This rock-group performed in various places. They played their own compositions, including L. Gunin's. They worked sometimes for Moscow and Kostroma philarmonies, but mostly performed in Myshkovichi, an entertainment center near Bobruisk (1982 - 1987). They had the most advanced by that time musical instruments (keyboards, guitars, drums) and equipment. A disc was released. 2. Lev GUNIN in Myshkovichi (see the previous paragraph). 3. Lev GUNIN with rock-group "Duration" (he's sitting in front of that group's singer, 1988). . 4. Lev GUNIN in Lenin plant club, with the club's rock-group. 1977. . 5. Lev GUNIN with his group "Waterfall" He performed with that group in 1976 - 1987, parallel with other groups. It was his main group. They played popular songs as well as Gunin's compositions. . 6. The group of students of the Music College in Brest (Belarus), theoretical faculty, with their teacher, Irina Morikh. Among them - Lev GUNIN. 1974. . 7. Rock-group "Iles" from Hungary, once very popular in Eastern Europe. Lev Gunin happened to substitute their keybordist. . 8. With that group Lev GUNIN played on marriages, parties, birthday parties, restaurants, etc. . 9. L. GUNIN is the teacher, composer, artistic director for 3 rock-groups of young musicians. One of these groups. . 10. Touring over Belorusian villages with an amateur rock-group. . 11. The same tour as "10". 12. Members of "Raduga" rock-group, who played for the Management of the restaurants of Bobruisk-city. L.Gunin among them. 1991. 13. The same as "8". 14, 15. L. GUNIN is the teacher, composer, artistic director for 3 rock-groups of young musicians. Two of these groups. 16. Playing with the group "Raduga" (see paragraph 12). DOCUMENTS' CHECKLIST - 2 MAIN ENVELOPE (ENVELOPE NUMBER 1) 1. Request For Exemption From Immigrant Visa Requirement (application form IMM 5001) 2. 3 copies of above mentioned form 3. Additional Sheet Of Paper With Jobs Listed (refers to IMM 5001 form, p.3, section "G") 4. 3 copies of above mentioned sheet 5. Explanations (refers to Additional Sheet Of Paper With Jobs Listed: see point 3) 6. Supplementary Information (IMM 5283) form 7. 3 copies of above mentioned form (see point 6) 8. A copy of the Federal Court's decision ("Ordonnance") 9. Authorization by applicant (his spouse) for release of police certificates/clearances 10. Identity documents, issued for the members of family GUNIN by Immigration Canada and Quebec's Immigration: 11 documents 11. Copies of the last salary checks for Lev and Alla Gunin as evidences of their employment 12. Official Immigration Canada DOCUMENTS CHECKLIST 13. REASONS (Adjustments to Supplementary Information (refers to IMM5283 form). 12 pages. 14. Exceptional Contribution GUNINS Can Bring to Canadian Cultural Heritage 15. Copies of 3 letters to UN High Commissioner of Refugees Mrs. Kim Mancini (14 pages) 16. Motion of extension of time (5 pages): refers to REASONS: see point 10 17. My final word 18. Folder "PASSPORTS, BIRTHDAY CERTIFICATES, AND OTHER DOCUMENTS": 10 DOCUMENTS SUPPLEMENTARY ENVELOPE (ENVELOPE NUMBER 2) 1. Control copy of IMM 5001 and 5283 application forms (to show what applicant they belong to) 2. Folder "APPLICANTS": 7 main documents, 11 total, which must show that the applicants can not go outside Canada, that they were exposed by IRB to an additional danger, and faced deep psychological traumas because of the way they were treated by IRB, and their health or even lives might be completely destroyed 3. Folder "SUPPLEMENTARY DOCUMENTS-2" a) folder "Administrative Pressure" (67 documents, which show that before coming to Canada applicants were under excessive administrative pressure: they were refused full employment authorization and welfare in the same time; tax exemption, diplomas equivalent and professional courses, which were obvious for all new comers, registration with the state labor exchange; the departure authorization - permit to leave the country - was given only after 3,5 years, and so on. This pressure will never give them any possibility to apply for immigrant visa from outside Canada) b) sub-folder "Medical" (24 documents, 31 pages show that even the threat of the removal from Canada itself already slowly damaging their health, and the eventual real removal will finish their lives tragically) 4. Folder "REFERENCES" sub-folders: a) Lev GUNIN (46 + 22 documents) b) Ina GUNIN (16 documents) c) Marta GUNIN (9 documents) All documents refer to "Exceptional contribution GUNINS can bring..." EXPLAINATION DEAR HUMANITARIAN & COMPASSIONATE GROUNDS DIVISION OFFICER! I had two affidavits from refugee claimants families who (one of them) was removed from Canada, and another one left after they were refused. Both of them were linked with the movement for Russian speaking people rights in Israel. In the first family the International ("foreign" as Russian speaking people call it) passport was confiscated from their single son (27 years old) when they came to extend their expired passports. The confiscation was related to their refugee claim in Canada. Passports were confiscated from the members of another family right in the airport. Because the member of IRB, assigned to our file, Mrs. Malka, contacted Israeli embassy and denounced our refugee claim, I don't feel secure to any information, submitted to Immigration Canada. This is why I have no rights to put security of people, who submitted me their affidavits, in danger. And this is why I decided finally not to reveal them to you. I live it for your consciousness to believe or not to believe me. I am an idealist, probably, a naive man. I still believe in goodness and in consciousness, and hope that in spite of a potential pressure from the state of Israel, or, rather, from the public opinion in your working environment or/and from your supervisors, you could act according to your consciousness. You can also go to next web sites for find out more about administrative terror in Israel against Russian speaking people: [ http://www.codoh.com/newsdesk/ ] [http://pinpoint.netcreations.com/search?account=codoh&query=Israeli+persecute+Russian+Immigrants&submit.x=25&submit.y=10] Sincerely, Lev Gunin DOCUMENT NUMBER/NUMERO 11 Previous Document <> Next Document <> Main Page En Francais In French Language POUR LE COMMMITTEE DES DROITS DES ENFANTS DES QUEBEC To QUEBEC's Children Rights Committee Cher madame, monsieur! Nous devions s`adresser au public parce que d`autres mesures a proteger les droits des deux enfants ne pourraient pas fonctionner. S'il est si, un precedent de violations tres serieuses des droits d'enfants pourrait survenir. Ca concerne Ina & Marta Gunin: Brievement: avant 1991 les autorites ont commande Lev Gunin, activiste des droits de l'homme, a partir de son natale Belarus, et emettaient un visa Israelien. En avril, 1991, dans Varsovie, la famille Gunin essayait de s`echapper en Allemagne, mais etaient captures par les Israeliens et pris en Irael par force. Ils venaient en Tel-Aviv, incluant Ina, 5, et Marta, 3 ans - vieilles par alors. En Irael les enfants affrontent des systematiques humiliations, moquerie, et deviennet des temoins des persecutions sev?res contre leurs parents et grand-m?re. Sans la permission du gouvernement les Gunins ne pourraient pas partir du pays Irael. En 1992, ils s`adressaient au consulat de Belarus au Tel-Aviv, mais etaient nies de la citoyennete et de l'acc?s ? leur pays natif. Ils ont pu quitter Irael seulement en 1994 avec l`indirecte participation d'Amnistie Internationale. Ils sont arrives au Canada, revendiquant un statut de refugie. Le Conseil De refugie (IRB) ne rejettait pas le reclame des Gunins compl?tement, mais accusait la famille en provoquant des persecutions par le refus ? changer leur croix et orientation religieuses. Faisant que, le IRB a nie les Gunins un des droits de l'homme fondamentaux: ne pas ?tre persecute pour leurs croyances et opinions. Les droits de l'enfant aussi etaient violes. Maintenant leur cas gagnait le 1er niveau de l'appel, ? la Cour Federale. Si sur le deuxi?me niveau l'appel sera rejete, ils pourraient ?tre deportes en Irael. Il est clair qu'une telle d?portation pourrait faire les d'enfants orphelins ( sources Israeliennes - comme le radio d'etat - addresse au public pour l'approbation des mesures sev?res contre leur p?re) et les exposent ? des persecutions d`avantage. M?me si elles ne se rappellent pas de tous les details elles pensent ? leur vie dans Irael avec l`horreur et la terreur. Bientot apr?s leur arrivee ? Montreal, l'evaluation psychologique trouvait le dommage profond au psychique de l'enfant. Parce que le psychique de Ina & Marta ne pourrait pas endurer des memoires horribles, tout etait efface et remplace par leur vie ? Montreal. Elles ont oublie les traditions Israeliennes et l`Hebreux compl?tement. Leur accomodation ? Montreal est brillante. Le francais est devenu leur langue maternelle. Elles gagnaient beaucoup d'amis, elles n'ont pas la mentalite Israelienne, mais Quebequoise... Maintenant, la deportation de l'endroit qu`elles admirent, apr?s 4 annees qu`elles vivent ici, atteindant l'ecole F.A.C.E., - dos ? captivite, dos au pays qu`elles etaient prises par force, n'est pas juste, inhumain, elle est brutale! Elles n'appartiennent pas et n'avaient jamais appartenus l?! P.S. Les parents des enfantes sont des gens sinc?res, talentueux, et paisibles. Ils travaillent. Elisabeth Gunin, grand-m?re d'enfant Ce que nous attendons de vous? 1. Une petition aux organisations de la protection des enfants et aux comites des droits d'homme, au Ministre D'immigration, aux medias, et une copie pour nous. 2. Une aide en extortation de la terminaison de citoyennete Israelienne de GUNINS du consulat d'Irael ? Montreal (Lev GUNIN apelle pour elle depuis 1994). Ina GUNIN: Elle est une joueuse avancee de piano. Ina employait passe les examens ? McGill chaque annee avec les meilleures marques. Elle participait dans des activites et evenements culturels/ artistiques des douzaines de fois. Elle est aussi une jeune ecrivaine de poesie, histoire/ et compositeur. Marta GUNIN: Marta est une ballerine talentueuse. Elle etait choisie des douzaines de jeunes danseurs pour le Ballet National du Canada. Marta participait dans divers ballet & autres performances. La sculpture, faite par elle, etait exposee au Musee des Beaux - Arts. Elle est aussi une jeune compositrice/ ecrivaine d'histoire. Nous suggerons que les avocats doivent ?tre contre le chaos dans les matieres juridiques. La terminaison compl?te de justice devrait terminer la profession d`avocat. C`est pourquoi, nous esperons sur votre aide. En octobre, 1998 une reponse negative est arrivee. Famille GUNIN Document 12 Is Lost THE ENFORCEMENT OF FAMILY GUNIN's PERSECUTION by IMMIGRATION CANADA Part 3 LIST OF EVENTS (short description) October, 1998 - September, 1999 <> DOCUMENT NUMBER 14 Elisabeth Gunin (Epstein) - Humanitarian & Compassionate Cases - (In Addition to Form IMM 5283 (02-98) E) REASONS ADJUSTMENT TO SUPPLEMENTARY INFORMATION HUMANITARIAN & COMPASSIONATE CASES Grounds for Exemption - Adjustment to Paragraphs A and B A [ A) Canadian Immigration law requires applicants for permanent residence to obtain an immigrant visa outside Canada, before coming to Canada. Explain why you believe that your application for permanent residence should be processed from within Canada as an exception] 1. I had the joint refugee claim with my son, and his family. The negative decision by Immigration and Refugee Board (IRB) did not mean that there was no danger for me to go back. I am sure that my case was neglected. IRB refused to evaluate my it at all. They did not interrogate me, gave me no questions, in their speeches and in their conclusive decision in writing I was not mentioned as a personality at all. They concentrated exclusively on my son: because they wanted to punish him for his attitude towards the state of Israel. 2. So, I might face the same humiliations and the same assaults I faced before coming to Canada. 3. You, probably, understand, that, regarding my age, and my situation, I have no chances to start an independent immigration procedure or any other procedure to obtain an immigrant visa outside Canada. 4. It is absolutely clear that I can only appeal for Humanitarian and Compassionate grounds, because other attempts not to be removed from Canada, linked to other immigration procedures, are not for me. B [ B) What hardship would you have if appeal from outside Canada?] 1. When we were taken to Israel from Warsaw, I had a strongest shock. In result of that stressful situation my eyes disease have been worsen. It became even more severe after what I still consider as persecutions, which we faced in Israel. 2. I was refused the proper medical help in Israel. Medical doctors-Israelis shouted on me, used abusive words and gestures. We were expelled from the medical clinics we paid for. As the result my left eye was neglected. When we came to Montreal, Canadian medical doctors saved my eyes. But they told me that for not become blind I have to avoid stresses and high temperatures. Removing me from Canada to Israel you can put me under the both stress and heating (Israel is one of the most hot countries in the world), and you'll make me blind. Please, don't do it to me! 3. Living 4 years in Montreal I've been used to local life. I have friends, relatives; I speak English more or less, and understand some French words, too. I have no close friends or relatives in Israel, I don't speak Hebrew, and I don't know Jewish religious rules. Regarding my age, my eyes disease (glaucoma), my general situation, please, do not send me back there! 4. The members of IRB could say just anything about our claim. How could they not believe our honest and sincere claim, hundreds of documents we presented, our innocence, I don't know and don't dare to know. I just know that I still have a non-imaginable fear to go back there. My blood is freezing in my veins, when I think that I might be removed back there. 5. Please, try to understand that Israel is not my native country, I am a stranger there, I don't belong to Middle East culture and traditions. 6. Please, have a merci for me as if I was your mother, sister, or daughter. Sincerely Yours, Lisa Gunin THE ENFORCEMENT OF FAMILY GUNIN's PERSECUTION by IMMIGRATION CANADA LIST OF EVENTS (short description) October, 1998 - September, 1999 1) 08.10.1998. - The Second Stage Federal Court's Decision: to reject family Gunin's demand to revise their refugee case. Reasons: one reason - "cases with Immigration Tribunal's remark "no minimum ground" are automatically rejected". 2) During the Federal Court's hearing the Immigration Canada's lawyer, Mrs. Murphy, based her arguments on Lev GUNIN's "dangerous personality", insisting that he is an aggressive, dangerous and anti-government trouble-maker, and because of that must be expelled from Canada. 3) When the Federal Court's decision was received Lev and Alla Gunins were deeply depressed and were close to a suicide. On the 3-rd or 4-th day after receiving the Federal Court's decision Lev was so close to a suicide that only physical efforts could calm him down. To relax and avoid a suicide attempt Lev started to run - and completely damaged his already damaged by batteries and other incidents ligaments on his both legs. 4) November, 1998. - Family Gunin submitted an appeal for Humanitarian and Compassionate grounds to Immigration Canada. The appeal for the Risk of Return, made by Gunins in 1997, was never answered. 5) Immediately after submission of that appeal Gunins started to have difficulties in using their telephone line. The wider description of what is going on with their telephone line may be found on the next page 6) Three times BELL's technicians came to Gunins apartment and checked BELL's installation in their apartment, but found nothing. 7) Several times Lev GUNIN's computer (after using Internet or sending a fax Lev disconnects it immediately, so that when Gunins are using the telephone computer is never connected), was targeted by computer viruses. The viruses probably came not through Internet but through the telephone line itself. (See also next page) 8) Unknown voiced started to give Lev Gunin and his family advises to live Canada "voluntarily", otherwise it will be "more worse" to them. The most persistent strangers called from outside Montreal, demanding a long distance collect call. They called several times a week during approximately 3 months, starting from March, 1999. When one day Ina Gunin, Lev's older daughter, authorized the collect call, they began to mock over her. They spoke French. When Lev took over they told him that he received an unofficial removal order and was advised to leave Canada. 9) Because of psychological pressure and tragical immigration situation Lev started to injure himself. He received 6 injuries, 4 times visited emergency - and some of the injuries never healed. Both Lev and Alla Gunin started to suffer from extreme declining of their health's state. 10) Gunins' children are suffering from neurothyses because they are also suppressed by the situation. 11) In March, 1999, Lev Gunin's work (night auditor) was terminated because it was a temporary job. He had to take unemployment. In the same time he had a work accident, and was seriously injured. Because of the bandage and the gravity of the injury in general he could not go to another work. In the beginning of July, when the bandage and the protective plate were removed, he could not search for a physical work. In the same time it is practically impossible to apply for a better job having no status in Canada. 12) Because of his immigration situation Lev's unemployment benefits were often suspended, and he had difficulties to pay for a renewval of his Employment Authorization. And without it he could not receive the benefits... 13) Because of all these reasons but inicially because of Immigration Canada's persecutions family Gunin started to face such extreme financial difficulties as never before. They were pushed much below the poverty line. 14) Searching for work Lev Gunin applied to hundreeds potencial employers. No one called him back. He found out what is going on when one of the potencial employers told him that she was advised to call Immigration Canada or called herself (it is not completely clear) - and received a "recommendation" not to employ Lev Gunin. 15) In August, 1999, Lev began to modernize and classify his web files with full description of Gunins immigration case. He did it because almost one year passed since Gunins applied for Humanitarian grounds, and an eventual Immigration's decision might arrive soon. In case of a negative decision Lev was planning to appeal to a number of organizations. To eliminate the expenses on mails he decided to use his web site as a primary source. Since then his web site was subbotaged. He is not able to upload new versions of his pages to his Internet server. But something more serious and dangerous occured: the server started to send old versions or even blank pages with existing files' names to Lev's computer, erasing his renewed files and eliminating his work! In responce to Lev Gunin's official complaint his server's representetive claimed server's innocence and told that allien hackers could do that. An anonimous e-mail advised Lev not to place information about his immigration case on his web site - otherwise his web site will be closed, and his account - terminated. 16) In the end of August - beginning of September Lev Gunin finished IGS course for security/investigation agents - and succesfully passed the exam. But he was refused the security agent licence because of his status. Quin Elisabeth Hotel's placement department's clerk responded to Lev's appeal for work that they do not want to employ people with no status in Canada. 17) 08.09.1999 Gunins received a negative responce to their application for Ina Gunin's Student Authorization. In his/her statement Vergeville's Case Processing Center's agent AJL/F (now Immigration Canada stopped even reveal real names of its agents: as KGB in ex-USSR or SS in fascist Germany did) mentions employment authorization instead of student authorization. He gives 2 "reasons": "Ina Gunin was refused and employment [when we applied for student authorization!] authorization because a removal order, which might be executted, was issued for you. This is why you are not eligible to apply for employment authorization from within Canada". Refusing a child a student authorization Immigration Canada violated International treaties, Canada's laws and human rights granted by all existing laws and regulation. In Gunins' case only a conditional removal order is acting; a real removal order was never issued against them. In the same day, 08.09.1999, Gunins called Immigration Canada - and verified through both aitomatical information tool and an agent (started to speak to an agent at 12.24 p.m.) that there are no decisions in Gunins appeals for the Risk of Return and Humanitarian and Compassionate grounds, and no removal order issued before 08.09.1999. In the same time it is possible that Immigration Canada means anonymous advises to Gunins by unindentified callers to quit Canada, otherwise their life will be made unbearable and misarable. Same threats expressed during IRB refugee hearings in Gunins case gudge Mr. Boisrond and immigration officer Mrs. Malka. <> GRIGORY SVIRSKY Grigory Svirsky is a famous writer, author of the movie's "Hostages" scenario. Professor, member of Canada's and Russia's Writers' Unions An Open Letter to the Prime Minister of Canada, Mr. Jean Chretien About Gunins' immigration case Translation from Russian original To the Prime Minister uf Canada THE OPEN LETTER Grigory SVIRRKY, Professor ot literature, writer. In Canada since 1973. "THE BERLIN WALL IN CANADA"... So was called a letter-affidavit, containing text of my statement for a conference in Toronto. The conference was organized on October 22, 1997 by the All-American Institute for Human Rights Defense (Washington, D. C.) This statement criticized the Management of Immigration Canada, which is obviously not in accord with any common sense and humor: most undesirable immigrants in its official document were announced... writers. ... A writer is a creature, certainly, horrible. But a composer appears simply a horror, an invasion of aliens. The name of this composer and musician is Lev Uunin. He's 42 years old, he is a polyglot, and is fluent in English, Prench, German, Polish, Byelorussian, and Yiddish. His wife Alla (39) has a technical education. The children - Ina and Marta - 11 and 12 years old, like their father - are gifted in music. Ina plays piano and flute, Marta is a young ballerina, once chosen by the Natiunal ballet of Canada for further studies, but... status, status! Of course, she participates in many performances even without the status, and her list of performances is already longer, than that of some adult ballerinas. This family does not require any help from the stale. The composer is skilled in many musical specialties. He tutored children; has performed in prestigious clubs, concert halls, and restaurants!. Such a self-sufficient family, one should think, would be welcomed in any country... Naturally, except the most racist, xenophobic-anti-Semite. And now the family is on the verge of catastrophe: The Immigration Management in Montreal has refused to give them the right to settle... in free Canada. Deportation threatens them. Why suddenly?! Oh, this family, Mister Prime Minister, has an awful past. 1. First of all, they ran away from Israel. The Israeli consulate persecutes escapees by all means as fugitive slaves. Then, not only the Israeli consulate, but even the immigration authorities of Canada assume that Israel is a free country, and therefore consider escape from freedom as impossible... However, it is really hard to understand why people run away from this "freedom". By number of refugees, Israel, according to official statistics, is on the third - fourth place (depending on the years), annually: directly after the brutal murder regimes of Iran and Somali. The nature of human mentality is so, that people willingly believe myths. Myths are much more smoother than the truth. Why listen to the confused words of unfortunate refugees that Israeli nationalists have blocked all venues for Russian Jews except to Israel since the first of October, 1989. What has happened (for many years) is a real deportation of half-million free people to a small East country. That, in itself, was a criminal abuse of authority, humiliation over the principles of basic human rights. But today the consequences of that crime are much more painful: nobody tried to foresee the results of this irresponsible operation, which has sharpen up to limits the socio-economic and political situation in the country. One can observe the extreme intolerance of aboriginal Israelis (such as outcomers from the countries of Muslim fundamentalism: Morocco, Algeria. Iraq and etc.) for new arrivants. Upon their arrival in Israel, immigrants from Africa were deprived of privileges. As a rule, they were taken to Negev desert and left there; and only fragmentary army tents were thrown to them. The care of the state for tile new arrivants from Africa ended with this. Naturally, former Africans were irritated by rumors that "Russians" are given "everything"... Suppressed hatred towards the authorities has found a convenient outlet: non-sanctioned murders of the immigrants from Russia, non-provoked battering of the "Russian" children in schools, a wave of rapes of new "Russian" immigrants. The last case reported by the world press (a week ago): a policeman (a Moroccan origin) extremely irritated by an Israeli soldier, who loudly spoke with his friends in Russian in a restaurant, stabbed the soldier with a knife and killed him. (Moscow newspaper "Koмepcaнт Daily." ("Commersant Daily") of November 13, this year, and tens of other editions wrote about it). In the last years the attitude of the Israeli aborigines to new arrivants has deteriorated alarmingly. The Israeli and American press in Russian has now informed the readers about a pogrom in Jerusalem's religious quarter " Mea Shearim". Angry crowds have beaten "Russians", burned their furniture, broken glasses in their motor vehicles. Only the intervention of the Israeli army stopped murders... One rabbi, associate of the mayor of Jerusalem, has called his co-religionists for this pogrom. Why then has the immigration board heard, with a grimace of mistrust, the testimony, that the wife of composer Gunin, ethnically Russian (she's from a mixed family), was persecuted, called " Russian whore ", prostitute. According to supplied documents she was cleaning the subsidiary premises of a shop, where she worked as a cashier. Influenced by spasm of brutaliен aborigines took the mop from her hands and hit her on the head with it, then they severely beat her up half-to-death. She arrived home with injuries and bruisies. And the small Gunins' daughters, who in kindergarten were preparing for holiday Sukkot's celebration, learning verses and songs with burning eyes, were separated from all others and locked in a dark closet with "You are not Jews, this holiday is not for you." as only explanation. As soon as the composer published articles against narrow-minded small-town nationalism and racism, in defense of human rights, this intellectual man was beaten by everyone: by "kablans" - Israeli sub-contractors, who employed that "Russian" only for the heaviest work, then by police, whose brutality nowadays everyone speaks about (even the members of Israeli Knesset). Gunin even tried to find "truth" (protection) in a police station. But uselessly since the composer, after writing one of his articles was already once "invited" for "discussion" by police. After that discussion his lips were swelled, and the doctor diagnosed a brain concussion... Israel is a free country. It is possible (theoretically) to leave her. You must only bring two dozen permits (visas for exit): from the army, from Immigration bank "Ydud", from building bank and other organizations, which can give out these papers, or can not to give out; at last, from police, which does not give any documents to plaintiffs, whatever you do... One day Ana ran to a few embassies, with the vain hope to take her husband and small girls out from Israel immediately. But only the support of Amnesty International to Gunins made their departure from Israel possible... And here they are in blessed Canada. 2. And here something even more awful was found out, - the composer and musician Lev GUNIN not only "escaped" with his family from a very free country, he furthermore has an independent and obstinate personality. And even here he has not changed... He was exasperated and demoralized by how unlawfully the trial of Gunins' case in the refugee court was managed. I have listened to all cassettes with records of refugee hearings. Each of them lasted from four to five hours. During that huge amount of time Canadian judges spoke out only three - four phrases, transferring the whole initiative to an immigration offficer whose name is Judith Malka. With passion and anger Malka (her Jewish family name means "queen") repeated all "proofs" of Israeli government about "fugitives and traitors" (Exactly by that name former Prime Minister of Israel Mr. Shamir, ardent Zionist called all Jews, who did not desire to live in Israel). But the composer Gunin is not a Zionist, though he has nothing against Zionism. He merely wants that his wife not be called "Russian prostitute", and not be beaten up. He does not understand in general, why an immigration officer whose name is Judith Malka, cries hysterically: how could this Gunin call himself and his family, which were not allowed to get out of Israel, "Russian slaves"?!. Slaves driven to the Middle East. Certainly, it was absolutely necessary for a tired out person to quit Israel immediately. But not alone! It was necessary to grasp from humanitarian reasons the prime minister Netanyahu, whom the iron Madeline from USA State Department puns to one side, the opponents of the peace agreements Sharon with Shamir - in an opposite, and the right psychopaths threaten to shoot him immediately as lzhak Rabin, if he will listen to the Americans. That's who is a true "prisoner of Zion"! He's only not beaten by police yet as Lev Gunin was. Oh, the exhausted, tormented composer was not up to these thoughts in the court. He multiplied, and multiplied the facts of inter-ethnical hostility and the brutality of Israeli police, what is today not only denounced by the Israeli press publications, but even discussed by the deputies of Knesset... Listening to the tapes, I expected that Lev Gunin would soon lead Immigration's Malka to a heart attack. Finally, as the matter of fact, she really broke up, and, almost loosing her conscience, has cried out, that Gunin has submitted the request for the status of the refugee just for having an opportunity to discredit and slander the state of Israel! Naturally, after that cry Gunin and his family were not recognized as refugees. It was told about the reasons of that refusal directly, in the official document. I "... There are not enough proofs that "Russian" origins, mixed marriages are persecuted because of nationality, religion, [...] or because they express antifascist views". 2 ''... Because the state of Israel has brought "Russians" on her own expense, they in general have no rights to ask for the status of the refugees in Canada...." And etc... In Montreal, in the Rene Levesque Street, 200, where there the Council on refugee cases (Immigration and Refugee Board), is situated, there is the archive for documents that officially confirm inter-ethnic hostility in Israel, attacks on children from CIS countries, and systematic rapes of the women from Russia. Also are carefully kept UN documents, which testify about the same. The same has been published nowadays by various newspapers of the World. But why the judges had to look to the truth into eyes? Eyes will ache! The Jewish Congress of Canada does not want to hear that in their beloved Israel somebody was deadly beaten, somebody was pogromed and persecuted... From ages the Erets Israel for them - their "pink dream", their "birthday of heart". How could it happen that inside the "pink dream" anybody is beaten? But if even really beaten, probably, he must be beaten!.. Thousands of Russian, Byelorussian and Ukrainian Jews, running from Israel, are rejected, with an active assistance of the Jewish Congress, from Canada, thousands of families are broken, children become orphans, many are lost. But the idea that the members of the Jewish Congress of Canada are accessories to a historical crime against the Jews of CIS, - this idea has not yet struck them... Dear PRIME MINISTER, Mister Jean CHRETIEN! I wrote five documentary novels and stories about Israel, including the trilogy "Branch of Palestine", translated in all European languages. In my life I saw enough of such noisy Judith Malkas, hired or voluntary Israeli super-patriots, so enough that it would be enough for ten lives. I am convinced, that you have judges with the sense of humor and understanding, who would not allow to transform the Canadian court into a battlefield for intolerant towards dissidents and broken apart Israeli society. But now the speech goes not only about re-consideration of this obvious case, but simply about the rescue of the Gunin family. I talked to these people, saw their eyes. Lev Gunin and his wife Alla are exhausted, nervous people, they are on the verge of suicide. Four years they are carefully pushed towards this edge. The persecution of intelligentsia does not cease... Young talented professionals are extremely important to Canada. Please, give Lev Gunin, a talented composer and musician, an opportunity to work quietly - in glory to his family and this remarkable country - Canada Grigory SVIRSKY 12/26/1998 TORONTO From Family Gunin, Montreal, November, 1998 Dear Friends! Please, try to treat this letter as an unusual appeal, not just a desperate cry for help and justice. In October 1998, the Federal Court of Canada issued a second decision in family GUNIN's appeal. (The 1-st one was positive). That tragic decision resumed our refugee claim, which took 4 years of our lives. Let us make a brief description of events, which took place before that sad date. The head of the family, Lev GUNIN, as all members of the family, was born in Bobruisk, Belarus, ex-USSR. Senseless, ridiculous coincidences in 1971-72 turned him, a secondary school student, young composer, 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] Web Page, dedicated to our case: www.total.net/~mioara/witness.htm Григорию СВИРСКОМУ от Льва ГУНИНА КРАТКОЕ ОПИСАНИЕ НАШЕГО ИММИГРАЦИОННОГО ДЕЛА ПО-РУССКИ Сначала напишу несколько слов о себе, как Вы просили. Я родился в Бобруйске, сейчас мне 43 года. Моя жена - Алла - родилась в Бобруйске, ей 40 лет. У меня высшее музыкальное образование, у моей жены - среднее техническое. Она была начальницей Центрвывоза в Бобруйске. У нас две дочери - Ина и Марта, 12 и 11 лет. Ина успешно учится музыке, сдает экзамены в университете МакГил, получая каждый раз самые лучшие баллы. Она играет на пианино и на флейте, а также участвует в лучшем детском хоре в Монреале под управлением Айвона Эдвардса. Она также пишет рассказы и сказки по-французски. Она может читать и писать по-русски тоже (я ее научил), но так как ни в русский детский сад, ни в русскую школу она никогда не ходила, для нее - так же, как и для Марты, французский язык - это тот язык, которым она лучше всего владеет. Они неплохо говорят и по-английски, читают и пишут. Они также понимают идиш и польский. Иврит забыт полностью, видимо, подсознательно подавлен пережитыми в Израиле стрессами. Марта - талантливая юная балерина. Она была выбрана из многих детей Национальным Балетом Канады, но мы не смогли отправить ее в Торонто на учебу (Роза знает подробности) - и все опять из-за отсутствия статуса. Марта участвовала во многих спектаклях и представлениях. Ее "послужной список" уже более длинный, чем у многих взрослых балерин. И я, и моя жена обладали далеко не богатырским здоровьем уже тогда, когда в 1991 году навсегда покидали СССР. В Израиле наше состояние сначала улучшилось, особенно в тот период, когда у нас появились какие-то надежды несмотря на то, что нас привезли в Израиль силой, (pазрешения на выезд мне все равно не давали) как-то наладить там жизнь. Потом, когда никаких надежд больше не осталось, a я уже получил сотрясение мозга, и жена несколько травм, когда непосильный труд ни к чему не приводил, и у нас не было никаких перспектив в жизни, и я, и моя жена - мы почувствовали себя намного хуже. Тут, в Монреале, страх депортации в Израиль парализует все наши жизненные силы, наше здоровье ухудшается неуклонно и быстро. Не буду описывать проблемы со здоровьем жены, их у нее десятки. Я еще в Израиле получил страшную гипертонию, хроническое растяжение связок (с регулярностью в два - три месяца я просто почти не могу ходить), там у меня начались серьезные проблемы с сердцем, было подозрение на инфаркт. Боюсь, что, даже если хоть какой-то шанс получить статус у нас есть, мы помрем до того. Не знаю, с кем и с чем нас сравнить, но, думаю, таких непрактичных, неприспособленных к материальной жизни людей, как мы, очень мало. Ни в Израиле, ни в Канаде мы не собрали ничего, никаких денег. На жизнь нам везде хватало, это да. Но не более того. Ни на счету в банке, ни в "чулке" у нас нет и семиста долларов. Может быть, мы и смогли бы что-то собрать, если бы не расходы на иммиграционные программы. Но мы потратили астрономическую для людей нашего склада и нашего положения сумму. И теперь у нас нет практически ничего. Иногда мы сидим вообще без денег, и только чудо каждый раз спасает нас. Я знаю, что в это трудно поверить, кроме того, есть люди, которые рисуются, заявляя, что у них не на что жить. Но в нашем случае это не то. Моя жена работает на тяжелой работе, непосильной для нее. Эта работа медленно убивает ее. Но никакой другой работы ни она для себя, ни я для нее не смогли найти. Я работаю ночью портье-администратором в гостинице, a с 12-ти часов (неофициально - поэтому попрошу об этом не распространяться) компьютерным инженером, а позже - с 3-х обычно - (полуофициально, так что об этой моей работе тоже не надо никому говорить) - пианистом-аккомпониатором в балете. Кроме того, у меня есть небольшое дело, которое доходов не приносит, только расходы, но я не закрываю его, так как это надо для некоторых иммиграционных дел (например, в период, когда я пару м-цев не работал, под него я получил разрешение на работу, иначе бы не дали). Везде получаю не более 12-ти долларов в час (от 9-ти до 12-ти). И плачу огромные налоги. Такой режим при моем здоровье - медленная смерть. Иммиграционные власти нашим плохим здоровьем не разжалобишь, наоборот, больных тут не оставляют. Поэтому о плохом здоровье надо молчать. Все это я пишу только для Вас - чтобы Вы заранее простили мне вероятную медлительность, неисполнительность или неадекватную реакцию. Я хочу, чтобы Вы представили мое положение. Работа по 18 часов в сутки, хроническое недосыпание, материальная нужда, страшные головные боли и боли в сердце - все это мешает мыслить практично и добиваться поставленных целей. Если бы нас - не дай Б-г - вдруг депортировали в Израиль, у нас нет денег ни на то, чтобы снять там квартиру, ни на покупку предметов первой необходимости, - ни на что. Мы бы оказались на улице, без средств к существованию, и погибли бы даже без специальных преследований! Ну, допустим, нас доставили в аэропорт Бен-Гурион, и мы находимся в зале ожидания. Дальше что? Нам некуда ехать, и не за что. Мы бы уселись на полу в аэропорту - вот вся жизнь и закончилась. А Роза еще говорит, что нечего вбивать в голову глупые мысли о самоубийстве. Она никогда, думаю, не была в нашем положении, Саша Орловский никогда не был в нашем положении, он хитрее. Y других людей есть какая-то здоровая и положительная энергия агрессивности, даже у очень хороших, и они могут заставить важных людей понять, что им надо помочь. Мы в гораздо более трагичной ситуации, чем все, кого мы знаем, и мы подвергались гораздо большим преследованиям в Израиле, и на иммиграционных слушаниях, и в отрицательном ответе комиссии наши права были нарушены больше, чем права многих других, но мы не обладаем ни силой убеждения, ни способностью манипулировать людьми, чтобы добиться своего. А теперь попробую описать то, что произошло вокруг нашей просьбы о статусе так, как Вы просили, хотя и не уверен, что смог до конца понять и выполнить именно то, что Вы хотели бы увидеть. Пункт Первыый: СУДЬИ ФАКТИЧЕСКИ УКЛОНИЛИСЬ ОТ СЛУШАНИЙ, ПЕРЕДАВ ВСЮ ИНИЦИАТИВУ ИММИГРАЦИОННОМУ ОФИЦЕРУ Это видно из того, что они сказали всего лишь 3-4 фразы за все 3 многочасовых слушания. Доказательство - кассеты со слушания. Пункт Второй: КОМИССИЯ ОТРИЦАЛА ПРАВО ЛЮДЕЙ НА СОБСТВЕННЫЕ УБЕЖДЕНИЯ, НА ПРАВО ВЫСКАЗЫВАТЬ СВОЕ МНЕНИЕ Комиссия очень много и подробно расспрашивала меня о моих убеждениях. Ее члены также просили меня комментировать цитаты, какие они читали из разных папок, например, заключение неизвестной мне группы по наблюдению за полицией. Из моих слов можно было понять, что я приверженец соблюдения прав человека, демократических норм, свободы слова, разрешения на любую религию или на атеизм, защиты прав работающих. Комиссары написали в их негативном решении (посмотрите его, я его прислал на английском языке), а также говорили на слушаниях, что мои убеждения, якобы, следующие. 1. Я, будто бы, убежден, что в Израиле существует рабство и что русские там превращены в рабов (на самом деле это я имел в виду такое явление, как квиют, и предоставил много материалов, касавшихся квиюта, это имело отношение к тому, что произошло лично со мной). 2. Я будто бы убежден, что Израиль - фашистское государство (на самом деле речь шла о моей статье ПОЧЕМУ ИЗРАИЛЬ ПРОТИВ ДНЯ ПОбЕДЫ, вернее, о комментарии к ней, в котором редакция газеты заявила, что от моих сочинений надо не оставить камня на камне). 3. Я будто бы обращался в Израиле с жалобами и просьбами о защите в разные организации, а также подал в Канаде просьбу о статусе беженца только для того, чтобы получить возможность опорочить и оклеветать государство Израиль. На самом деле я говорил только о том, что происходило в Израиле СО МНОЙ, И С ЧЛЕНАМИ МОЕЙ СЕМЬИ лично! То есть, члены комиссии откровенно врали о том, что я пришел на беженские слушания только для того, чтобы, якобы, заявить - Израиль плохая страна. О моих жене и матери, о том, что это не я один, а мы вместе обратились с просьбой о статусе, а также о том, что и моя мать, и жена обращались в Израиле в разные инстанции и без меня, со своими личными жалобами, комиссия не сказала ни слова (это все есть на кассетах и в тексте негативного решения, который теперь у Вас есть). В этом контексте судья Буарон, председатель комиссии, сказал две замечательные фразы (это почти все, что он на слушаниях сказал): "Так Вы, значит, в бывшем Союзе были бунтовщиком против законной власти, против правительства?" И дальше, обращаясь ко мне: "А Вы что, считаете, что Вы имеете право на собственное мнение?" Обе этих фразы были сказаны в контексте допроса, который вела иммиграционный офицер Малка. И сказаны они были в ответ на мои прямые и косвенные утверждения о том, что мы не могли находиться в Израиле и не можем туда возвратиться из-за того, что подвергались и будем подвергаться преследованиям за свои убеждения. Пункт Третий: СЕКРЕТАРЬ-ПЕРЕВОДЧИЦА НАШЕГО АДВОКАТА УМЫШЛЕННО ИСКАЗИЛ