Страница:
a document be considered as a credible one?
We also express our deep concern of utilization of Mr. Natan Sharansky's affidavit. As far as we know this affidavit was given through a
telephone interview what is juridical unacceptable. Especially when the commissioners don't accept copies of articles (even from the most
famous newspapers), which refugee claimants present, they demand originals! Then - it was well known before Mr. Sharansky became a
Minister in Israeli government that his "Zionist Forum" is not an independent organization (as well as its chairmen) but an organization
infiltrated by the government. By the time of our second hearing Mr. Sharansky has already became a minister. And Mr. Malka knew it. So
he presented the view of Israeli government as an "independent" view that time as well as in all other occasions. She clearly exposes the
source of all the manipulations with the refugees from Israel in Canada: Israeli government! That paragraph also exploits the topic , which
was closed by my answer during our first immigration hearing. Mrs. Malka asked me how can I explain the statistic from Israel that no
Russian-speaking people were regestered complaining against the police. I shown then all the receipts of my appeals I have submitted to
police, to the Ministry of police, to the Ministry of Internal Affairs and to police headquarters in Tel-Aviv. And I said that this is the
explanation because my mails were unanswered and my complains were never registered. I also presented an article, which gives
absolutely precise, reliable and competent information that nothing can be really done against police in Israel. And the story about a
policeman who get a fine because of his refusal to help an Arab as an "evidence" looks like a clowned.
It was clear for the tribunal that it's impossible to avoid comments about the total ignorance of the whole documentation, which we
presented. It was clear that something must be said. This is why the next paragraph was composed to say just anything about that and was
designed to say nothing in particular. The tribunal claims that all our documents were rejected because its members took into consideration
only "absolutely reliable" documents. And it looks like there were no such documents among these we presented... In reality documents like
the letter from the Minister of Culture Mr. Amnon Rubinschtein, which shows that persecutions against me weren't just a chain of
coincidences, Amnesty International's confirmation, Lev Ginsburg's affidavit, receipts of my letters to police and other organizations, other
official papers can not be considered as "reliable" or "not reliable". Another thing is that their existence may be recognized or not
recognized. The tribunal chosen the second way: to ignore them. It's your choice now to decide if that happened as the result of the
tribunal's partiality. But we ask you to read over the paragraph #4 on page 3 of the decision where the tribunal rejects in advance even the
possibility of existence of such a category of refugees as "refugees from Israel". How could you expect then another attitude to any
documents from a tribunal, which refuse to recognize refugees from Israel in principle? On the other hand that tribunal's ability to
distinguish between "reliable" and "non-reliable" documents is reflected in documents they chosen themselves to support their point of
view: one of them is incompetent when it speaks about Israel , another one has "0" credibility because it was presented during the hearing
as an independent source, and in reality is the voice of Israeli government (Mr. Charansky's affidavit), and the 3-rd can proof nothing
because it is a part of the declaration of the state of Israel (the Law of Return), and nothing more.
The suggestion that my wife refused to collaborate with the tribunal is a pure lie what can be heard on the tapes from the hearings.
And the ignorance of the medical documents is the thing from the same category.
Please, believe us that our lives were in a real danger in Israel and that this danger just increased since we came to Canada. We were
threatened from Israel even here, and we presented the proof. Please, save our souls!
Lev Gunin
NEXT DOCUMENT: [[[DOCUMENT NUMBER 5 - CONCLUSIVE DECISION]]]
Short DESCRIPTION of GUNINS CASE
PREVIOUES DOCUMENT NEXT DOCUMENT
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]
From Lev GUNIN, April, 1999
Dear Friends!
In 1991 I was deported from my native Belarus to Warsaw because of my political opinion.
Together with my family (wife and 2 children) and my mother I wanted to move from Warsaw
to Germany.
On the Central railway station in Warsaw we were captured by Israelis and were taken to Israel
against our will.
We were widely persecuted in Israel and were refused an exit vise during 3 and a half years.
In 1994 we managed to quit Israel and came to Canada seeking a refugee status.
In an outraged manner, openly accenting their rights for injustice, the members of IRB
committee refused us the status.
Deportation to Israel means death for me and members of my family.
The only solution is to start a legal immigration to Canada.
But we need travel documents to afford it because:
1) our Israeli passports have expired and to extend them is not possible
2) I asked the Israeli embassy to cancel my Israeli citizenship
We made an appeal to the Federal Court, but our appeal was automatically rejected
without any analysis of our file, just because of the formula that the Immigration and
Refugee Board used in their conclusive decision. In the Federal Court, the Immigration
Canada representative, Mrs. Murphy, expressed outraged accusations against me,
as if by claiming a refugee status and by criticizing the IRB decision I have committed
the most violent crime or was a terrorist.
Almost 5 years we (my family, and me) live under a threat of deportation,
under the wild persecutions of the Immigration Canada, institution, which
put the equal sign between my peaceful and legal human rights activism
against the former Soviet and Israeli governments' violation of human rights
- and terrorism!!!
Please, help us!
My best wishes,
Lev GUNIN
August, 1997
E-Mail: leog@total.net
PREVIOUES DOCUMENT NEXT DOCUMENT
PEVIOUS DOCUMENT: [[[GROUP of DOCUMENTS NUMBER 4]]]
& DOCUMENT NUMBER 5
From Lev Gunin
File number 3082-7125
CONCLUSIVE DECISION
(Paragraph 69.1 (9) of Immigration Law)
This is the translation in brief
P.1. Paragraph 1. Lev Gunin, Marta and Ina Gunin, Alla Gunin, and Elisabeth Epstein are not recognized as refugees. Paragraphs 4-7. This
is demanders' declaration in brief: They came to Israel in April 1991. When they arrived in Petach-Tikva theirs neighbors, orthodox Jews,
were persistent [and aggressive] in their attempts to convert them [from atheism from one side, and passive Christianity from another side]
to Judaism.
Children, then 5 and 6 years old [*1] - (see commentaries), were abused during a religious celebration at a kinder-garden [*2]. The governor
has found the situation ordinary. Dispute the transfer to another kinder-garden children faced abuses. They were bitten, bite by another
children [*3]. The kinder-garden administration refused to protect them.
Demander was mocked by the employers [*4] and bitten by his colleagues because he is not a true Jew.
P.2. His wife has difficulties in finding a job [*5] , and when she was at least hired she was insulted, bitten and - under certain circumstances
- became a victim of a sexual harassment[*6].
There were multiple insults and abuses from theirs neighbors, who were furious because demanders in their eyes are not true Jews.
They turned to police in innumerous occasions with no results. One time police itself abused and ill-treated the demander under certain
circumstances. His lawyer told him that nothing could be done against police.
They contacted innumerous organizations including Amnesty International. They wrote to members of parliament and contacted a number
of lawyers with no result [*7]. The demander also said that he was persecuted because of denouncing fascism [7-a].
Demander's mother also became a victim of multiple aggressions. She was attacked by a group of youngsters when she went to pick up
the children from school [*8]. Policemen at the police station refused to pay an attention to that incident.
In Nov. 1993 she was attacked by her neighbor; she stroke her by a basket with oranges and cried to her "goy!". It tool place at a market.
In January 1994 in company with her children she went to pick them up from school, when she was attacked by a group of youngsters, who
thrown stones at her and injured her [*9].
One evening in 1994 [*10] youngsters, friends of their neighbor, have thrown a little box at her door [*11]. She composed a letter to police in
that case but police never responded [*12].
P.3. Paragraphs 1-2. In context of that the demander together with his family including his mother came to ask a refugee status in Canada
[*13].
Paragraph 3. After seeing that declaration, studying their lawyer's arguments and other material we came to a conclusion that demanders
are not refugees. We came to that conclusion because of the next reasons:
Paragraphs 4-6. Demanders claim that they flied Israel for seeking an asylum and because of a number of incidents, which victims they
became. But the tribunal is disagree with that because [...] they all came to Israel according to Israeli authorities permission and acceptation,
and also because they took an advantage from benefits of a free transportation to Israel, Israeli citizenship, a certain amount of money for
settlement, a free language course, and other benefits. They also might use other help because we have the documentation indicated that
the population in Israel gives material help to newcomers.
P.4. Paragraphs 2-5. It is possible that during their life in Israel they faced some difficulties because some individual ultra-religious feel that
their rights are violated because of the presence of 2 secular adults who refuse to practice their religion. But there are no evidences that
Russians are persecuted because of their religion, nationality, or because they are mixed couples or because they express anti fascist
views as pretend the demander.
In result we were convinced that the demanders are [dangerous for their state] exaggerators who painted a picture of their state as a state
of slavery, injustice, where Russians are bitten if they do not work quickly enough, where Russian children are victims of mockery
committing by theirs classmates and teachers, and where Russian women are victims of sexual harassment. And that all is going on
without any possibility to obtain a protection from the state.
As a result of that the demanders turned to police in several occasions without success, to innumerous organizations, human rights groups
and to Amnesty International, composed letters to members of parliament and contacted more then one lawyer without getting any
protection from the state.
It is incongruous to that documentation about Israel, which we have chosen. This documentation present Israel as a democratic society,
maintaining a justified juridical system in favor of the citizen. Police never have any discriminatory behavior towards Russian or Arabs.
P..5. Paragraphs 1-5. Multiple human right organizations are also presented in Israel, both local and international.
Documentation, which we present, we consider as completely reliable, when the demanders' documentation we consider as unbelievable.
The tribunal ignored demanders' medical and other certificates and documents because we have found that their documents show nothing
in particular.
COMMENTS 1. Children age is given incorrectly. Probably, because our children were younger, and that could give us more sympathy. 2. It
is false. Our children were abused during the celebration as well as in cause of that celebration (they were not allowed to a "suka" and were
kept in a dark room - because they are "Russians"). It is clear from our declaration. 3. It is false. They presented the event as if our children
were abused not by the teacher but by the children during the celebration, when in reality it is the teacher who abused them. 4. They
combine two different event into one what is juridicaly incorrect. 5. Without a notice that my wife could not find a job because she was
considered as Russian that sentence is incorrect. 6. It is false. She was not sexually abused. But she was beaten because she refused to
obey the sexual pretensions of an Israeli. It is also false because it happened not at her first working place but when she became a cleaner.
7. It is false. Complains to Amnesty International gave a result. In result of them Israeli government let us leave the country. 7-a. It is a
direct distortion. First, the discussion about fascism arose during our immigration hearings but does not reflected in our declaration. On the
other hand, I never claimed that I was persecuted in Israel solemnly because of denouncing fascism. The discussion about fascism was
related to my article and to a commentary to it made by the editors of that newspaper. They wrote that I have to be punished for my views,
that my works have to be destroyed and expressed their aggression towards my poor person. 8. It is false. Two different events, which
happened in different years, are confused together here. They combined the event consciously in a kind of nonsense: to make all our
declaration non-reliable. 9. It is false. It is the second from the above-mentioned events, it mixed with the previous in a strange way. It is
absolutely contradictory with what may be found in the declaration. 10. We gave a precise month. 11. It is false. A huge box, which was
released to hit our front door (to the entrance to our apartment, and not to my mother's door - as the tribunal wrote) from the above flour,
has damaged our door. It was breached through. The tribunal presents the events as if there were no damages. They claim that in a
non-justified wave of panic my mother turned to police, and - naturally - was refused. They try to present us as exaggerators. 12. My mother
did not compose her letter to police herself. Other people assisted her. 13. It is false, because that paragraph may be interpreted as if we
flied Israel because somebody threw a little box in our door direction. In reality from one hand the event with the box was falsified itself, from
another hand, it is clear from the real text of declaration and from immigration hearings that we left Israel in result of systematic
persecutions and because we were afraid under serious circumstances.
Translation from French and comments were made by Lev Gunin
NEXT DOCUMENT: [[[DOCUMENT NUMBER 6]]]
PREVIOUS DOCUMENT: [[[DOCUMENT NUMBER 5]]]
DOCUMENT NUMBER 6
FROM Lev GUNIN
FILE Number 2948-6524/ 95/76/23/18
ID: 3082-7125/7174/7220/7231/7317/
LIST OF SUPPLEMENTS or LIST OF SUPPORTING DOCUMENTS
SUPPLEMENTS
This is the list of Documents, which I have submitted to Immigration
Canada in support to my refugee claim. There were, I think, more then 50 of other Documents, which are not listed
here. I believe that the total number of documents, which supported my claim, was about 180-200, and none of them
was rejected by the Immigration Board as non-reliable...
TO VIEW THE ORDER OF DOCUMENTS AVAILABLE ON INTERNET FROM THE LIST BELOW, CLICK HERE:
[[[DOCUMENT NUMBER 7]]]
1. SUPPLEMENTS, Document 5-a. 5 pages. Letter to Jerusalem Post. 19 June 1991. Refers to Introduction, page 2, paragraph 4.
2. SUPPLEMENTS, Document 6-a. 3 pages. Fax from Israeli consulate to Mrs. Judith Malka. Refers to Document 1. Paragraph 1.2., point
A).
3. SUPPLEMENTS, Document 7-a. 3 pages. Fax from Maitre Michel Dorи to Maitre Yves Boirond. Refers to Document 1. Paragraph 1.2.,
point A).
4. SUPPLEMENTS, Document 8. 3 pages. List of Organizations, Institutions, Persons and Governmental Boards, Where We turned for
Protection in Israel during 1991-1994. Refers to Document 1, page 3, point C).
5. SUPPLEMENTS, Document 9. 2 pages. Mrs. Marina Heifetz's autograph. Refers to Document 1, page 3, point C).
6. SUPPLEMENTS, Document 10. 2 pages. Postal receipts. Refers to Document 1, page 3, point C).
7. SUPPLEMENTS, Document 11. 2 pages. Fax receipt. (Fax was submitted to Amnesty International in London). Refers to Document 1,
page 3, point C).
8. A room was prepared for a document, which I did not attached.
9. SUPPLEMENTS, Document 13. 2 pages. Medical document from Asharon (or Ha-Sharon) hospital. Refers to Document 1, page 5, line
5.
10. SUPPLEMENTS, Document 14. 2 pages. From medical center "Golda". Refers to Document 1, page 5, line 5.
11.SUPPLEMENTS, Document 15. Medical certificate. Refers to Document 1, page 5, line 5.
12. SUPPLEMENTS, Document 16. Evaluation psychologique. Refers to Document 1, page 5, line 5.
13. SUPPLEMENTS, Document 17. Medical certificate. Refers to Document 1, page 5, line 5.
14. SUPPLEMENTS, Document 18. Medical certificate from Reddy Memorial Hospital. Refers to Document 1, page 5, line 5.
15. SUPPLEMENTS, Documents 19 (number of documents: A,B,C,D,E,F,G,H,I, J,K, L,M,N,O,P). All of them refer to Document 1, page 3,
point D):
16. Document 19-A.1 page. U.S. Jews hold fire in rift with Netanyahu.
17. Document 19-B.1 page. Arabs seek resumption of U.N. session on Israel.
18. Document 19-C.1 page. Israeli immigrants finding work.
19. Document 19-D.1 page. Ethiopian Jews Riot Over Dumped Blood.
20. Document 19-E. 1 page. A group of children marched along St.-Alexander...
21. Document 19-F. 1 page. A mourner pauses... page 2
22. Document 19-G. 7 pages. We do not need your love, but just stop beating us!
23. Document 19-H. 7 pages. Interview with Jonathan Gefen.
24. Document 19-I. 1 page. The Bungling Bank Robbers of Israel.
25. Document 19-J. 2 pages. Fleeing the Promised Land.
26. Document 19-K. 1 page. Name On the Tombstone.
27. Document 19-L. 3 pages. MAOZ, Messianic Jews Almanac. An urgent call to stop the recent Israeli bill, which could forbade all religions
beside Judaism.
28. Document 19-M. 3 pages. MAOZ, Messianic Jews' Almanac. ONE YEAR IN PRISON FOR POSSESSING A NEW TESTAMENT.
29. Document 19-N. 1 page. MAOZ, Messianic Jews Almanac. AN URGENT CALL FOR PRAYER AND SOLIDARITY: "This bill before the
Knesset would render illegal the possession, production, reproduction, importation and distribution of literature or information, which may
serve to persuade another to change his religious views or affiliations".
30. Document 19-O. 2 pages. MAOZ, Messianic Jews Almanac. A CALL FOR PRAYER AND PROTEST.
31. Document 19-P. 1 page. MAOZ, Messianic Jews Almanac. YOU CAN BE ACTIVE IN THE STRUGGLE FOR FREEDOM IN ISRAEL.
32. SUPPLEMENTS, Documents 20: from A to K: Israeli visas. (Total number - 11 documents). Refer to Document number 2 (in
Documents, not in Supplements), paragraph 1.16.
33. SUPPLEMENTS, Document 21.
34. SUPPLEMENTS, Document 22.
35. SUPPLEMENTS, Document 23. 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
We also express our deep concern of utilization of Mr. Natan Sharansky's affidavit. As far as we know this affidavit was given through a
telephone interview what is juridical unacceptable. Especially when the commissioners don't accept copies of articles (even from the most
famous newspapers), which refugee claimants present, they demand originals! Then - it was well known before Mr. Sharansky became a
Minister in Israeli government that his "Zionist Forum" is not an independent organization (as well as its chairmen) but an organization
infiltrated by the government. By the time of our second hearing Mr. Sharansky has already became a minister. And Mr. Malka knew it. So
he presented the view of Israeli government as an "independent" view that time as well as in all other occasions. She clearly exposes the
source of all the manipulations with the refugees from Israel in Canada: Israeli government! That paragraph also exploits the topic , which
was closed by my answer during our first immigration hearing. Mrs. Malka asked me how can I explain the statistic from Israel that no
Russian-speaking people were regestered complaining against the police. I shown then all the receipts of my appeals I have submitted to
police, to the Ministry of police, to the Ministry of Internal Affairs and to police headquarters in Tel-Aviv. And I said that this is the
explanation because my mails were unanswered and my complains were never registered. I also presented an article, which gives
absolutely precise, reliable and competent information that nothing can be really done against police in Israel. And the story about a
policeman who get a fine because of his refusal to help an Arab as an "evidence" looks like a clowned.
It was clear for the tribunal that it's impossible to avoid comments about the total ignorance of the whole documentation, which we
presented. It was clear that something must be said. This is why the next paragraph was composed to say just anything about that and was
designed to say nothing in particular. The tribunal claims that all our documents were rejected because its members took into consideration
only "absolutely reliable" documents. And it looks like there were no such documents among these we presented... In reality documents like
the letter from the Minister of Culture Mr. Amnon Rubinschtein, which shows that persecutions against me weren't just a chain of
coincidences, Amnesty International's confirmation, Lev Ginsburg's affidavit, receipts of my letters to police and other organizations, other
official papers can not be considered as "reliable" or "not reliable". Another thing is that their existence may be recognized or not
recognized. The tribunal chosen the second way: to ignore them. It's your choice now to decide if that happened as the result of the
tribunal's partiality. But we ask you to read over the paragraph #4 on page 3 of the decision where the tribunal rejects in advance even the
possibility of existence of such a category of refugees as "refugees from Israel". How could you expect then another attitude to any
documents from a tribunal, which refuse to recognize refugees from Israel in principle? On the other hand that tribunal's ability to
distinguish between "reliable" and "non-reliable" documents is reflected in documents they chosen themselves to support their point of
view: one of them is incompetent when it speaks about Israel , another one has "0" credibility because it was presented during the hearing
as an independent source, and in reality is the voice of Israeli government (Mr. Charansky's affidavit), and the 3-rd can proof nothing
because it is a part of the declaration of the state of Israel (the Law of Return), and nothing more.
The suggestion that my wife refused to collaborate with the tribunal is a pure lie what can be heard on the tapes from the hearings.
And the ignorance of the medical documents is the thing from the same category.
Please, believe us that our lives were in a real danger in Israel and that this danger just increased since we came to Canada. We were
threatened from Israel even here, and we presented the proof. Please, save our souls!
Lev Gunin
NEXT DOCUMENT: [[[DOCUMENT NUMBER 5 - CONCLUSIVE DECISION]]]
Short DESCRIPTION of GUNINS CASE
PREVIOUES DOCUMENT NEXT DOCUMENT
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]
From Lev GUNIN, April, 1999
Dear Friends!
In 1991 I was deported from my native Belarus to Warsaw because of my political opinion.
Together with my family (wife and 2 children) and my mother I wanted to move from Warsaw
to Germany.
On the Central railway station in Warsaw we were captured by Israelis and were taken to Israel
against our will.
We were widely persecuted in Israel and were refused an exit vise during 3 and a half years.
In 1994 we managed to quit Israel and came to Canada seeking a refugee status.
In an outraged manner, openly accenting their rights for injustice, the members of IRB
committee refused us the status.
Deportation to Israel means death for me and members of my family.
The only solution is to start a legal immigration to Canada.
But we need travel documents to afford it because:
1) our Israeli passports have expired and to extend them is not possible
2) I asked the Israeli embassy to cancel my Israeli citizenship
We made an appeal to the Federal Court, but our appeal was automatically rejected
without any analysis of our file, just because of the formula that the Immigration and
Refugee Board used in their conclusive decision. In the Federal Court, the Immigration
Canada representative, Mrs. Murphy, expressed outraged accusations against me,
as if by claiming a refugee status and by criticizing the IRB decision I have committed
the most violent crime or was a terrorist.
Almost 5 years we (my family, and me) live under a threat of deportation,
under the wild persecutions of the Immigration Canada, institution, which
put the equal sign between my peaceful and legal human rights activism
against the former Soviet and Israeli governments' violation of human rights
- and terrorism!!!
Please, help us!
My best wishes,
Lev GUNIN
August, 1997
E-Mail: leog@total.net
PREVIOUES DOCUMENT NEXT DOCUMENT
PEVIOUS DOCUMENT: [[[GROUP of DOCUMENTS NUMBER 4]]]
& DOCUMENT NUMBER 5
From Lev Gunin
File number 3082-7125
CONCLUSIVE DECISION
(Paragraph 69.1 (9) of Immigration Law)
This is the translation in brief
P.1. Paragraph 1. Lev Gunin, Marta and Ina Gunin, Alla Gunin, and Elisabeth Epstein are not recognized as refugees. Paragraphs 4-7. This
is demanders' declaration in brief: They came to Israel in April 1991. When they arrived in Petach-Tikva theirs neighbors, orthodox Jews,
were persistent [and aggressive] in their attempts to convert them [from atheism from one side, and passive Christianity from another side]
to Judaism.
Children, then 5 and 6 years old [*1] - (see commentaries), were abused during a religious celebration at a kinder-garden [*2]. The governor
has found the situation ordinary. Dispute the transfer to another kinder-garden children faced abuses. They were bitten, bite by another
children [*3]. The kinder-garden administration refused to protect them.
Demander was mocked by the employers [*4] and bitten by his colleagues because he is not a true Jew.
P.2. His wife has difficulties in finding a job [*5] , and when she was at least hired she was insulted, bitten and - under certain circumstances
- became a victim of a sexual harassment[*6].
There were multiple insults and abuses from theirs neighbors, who were furious because demanders in their eyes are not true Jews.
They turned to police in innumerous occasions with no results. One time police itself abused and ill-treated the demander under certain
circumstances. His lawyer told him that nothing could be done against police.
They contacted innumerous organizations including Amnesty International. They wrote to members of parliament and contacted a number
of lawyers with no result [*7]. The demander also said that he was persecuted because of denouncing fascism [7-a].
Demander's mother also became a victim of multiple aggressions. She was attacked by a group of youngsters when she went to pick up
the children from school [*8]. Policemen at the police station refused to pay an attention to that incident.
In Nov. 1993 she was attacked by her neighbor; she stroke her by a basket with oranges and cried to her "goy!". It tool place at a market.
In January 1994 in company with her children she went to pick them up from school, when she was attacked by a group of youngsters, who
thrown stones at her and injured her [*9].
One evening in 1994 [*10] youngsters, friends of their neighbor, have thrown a little box at her door [*11]. She composed a letter to police in
that case but police never responded [*12].
P.3. Paragraphs 1-2. In context of that the demander together with his family including his mother came to ask a refugee status in Canada
[*13].
Paragraph 3. After seeing that declaration, studying their lawyer's arguments and other material we came to a conclusion that demanders
are not refugees. We came to that conclusion because of the next reasons:
Paragraphs 4-6. Demanders claim that they flied Israel for seeking an asylum and because of a number of incidents, which victims they
became. But the tribunal is disagree with that because [...] they all came to Israel according to Israeli authorities permission and acceptation,
and also because they took an advantage from benefits of a free transportation to Israel, Israeli citizenship, a certain amount of money for
settlement, a free language course, and other benefits. They also might use other help because we have the documentation indicated that
the population in Israel gives material help to newcomers.
P.4. Paragraphs 2-5. It is possible that during their life in Israel they faced some difficulties because some individual ultra-religious feel that
their rights are violated because of the presence of 2 secular adults who refuse to practice their religion. But there are no evidences that
Russians are persecuted because of their religion, nationality, or because they are mixed couples or because they express anti fascist
views as pretend the demander.
In result we were convinced that the demanders are [dangerous for their state] exaggerators who painted a picture of their state as a state
of slavery, injustice, where Russians are bitten if they do not work quickly enough, where Russian children are victims of mockery
committing by theirs classmates and teachers, and where Russian women are victims of sexual harassment. And that all is going on
without any possibility to obtain a protection from the state.
As a result of that the demanders turned to police in several occasions without success, to innumerous organizations, human rights groups
and to Amnesty International, composed letters to members of parliament and contacted more then one lawyer without getting any
protection from the state.
It is incongruous to that documentation about Israel, which we have chosen. This documentation present Israel as a democratic society,
maintaining a justified juridical system in favor of the citizen. Police never have any discriminatory behavior towards Russian or Arabs.
P..5. Paragraphs 1-5. Multiple human right organizations are also presented in Israel, both local and international.
Documentation, which we present, we consider as completely reliable, when the demanders' documentation we consider as unbelievable.
The tribunal ignored demanders' medical and other certificates and documents because we have found that their documents show nothing
in particular.
COMMENTS 1. Children age is given incorrectly. Probably, because our children were younger, and that could give us more sympathy. 2. It
is false. Our children were abused during the celebration as well as in cause of that celebration (they were not allowed to a "suka" and were
kept in a dark room - because they are "Russians"). It is clear from our declaration. 3. It is false. They presented the event as if our children
were abused not by the teacher but by the children during the celebration, when in reality it is the teacher who abused them. 4. They
combine two different event into one what is juridicaly incorrect. 5. Without a notice that my wife could not find a job because she was
considered as Russian that sentence is incorrect. 6. It is false. She was not sexually abused. But she was beaten because she refused to
obey the sexual pretensions of an Israeli. It is also false because it happened not at her first working place but when she became a cleaner.
7. It is false. Complains to Amnesty International gave a result. In result of them Israeli government let us leave the country. 7-a. It is a
direct distortion. First, the discussion about fascism arose during our immigration hearings but does not reflected in our declaration. On the
other hand, I never claimed that I was persecuted in Israel solemnly because of denouncing fascism. The discussion about fascism was
related to my article and to a commentary to it made by the editors of that newspaper. They wrote that I have to be punished for my views,
that my works have to be destroyed and expressed their aggression towards my poor person. 8. It is false. Two different events, which
happened in different years, are confused together here. They combined the event consciously in a kind of nonsense: to make all our
declaration non-reliable. 9. It is false. It is the second from the above-mentioned events, it mixed with the previous in a strange way. It is
absolutely contradictory with what may be found in the declaration. 10. We gave a precise month. 11. It is false. A huge box, which was
released to hit our front door (to the entrance to our apartment, and not to my mother's door - as the tribunal wrote) from the above flour,
has damaged our door. It was breached through. The tribunal presents the events as if there were no damages. They claim that in a
non-justified wave of panic my mother turned to police, and - naturally - was refused. They try to present us as exaggerators. 12. My mother
did not compose her letter to police herself. Other people assisted her. 13. It is false, because that paragraph may be interpreted as if we
flied Israel because somebody threw a little box in our door direction. In reality from one hand the event with the box was falsified itself, from
another hand, it is clear from the real text of declaration and from immigration hearings that we left Israel in result of systematic
persecutions and because we were afraid under serious circumstances.
Translation from French and comments were made by Lev Gunin
NEXT DOCUMENT: [[[DOCUMENT NUMBER 6]]]
PREVIOUS DOCUMENT: [[[DOCUMENT NUMBER 5]]]
DOCUMENT NUMBER 6
FROM Lev GUNIN
FILE Number 2948-6524/ 95/76/23/18
ID: 3082-7125/7174/7220/7231/7317/
LIST OF SUPPLEMENTS or LIST OF SUPPORTING DOCUMENTS
SUPPLEMENTS
This is the list of Documents, which I have submitted to Immigration
Canada in support to my refugee claim. There were, I think, more then 50 of other Documents, which are not listed
here. I believe that the total number of documents, which supported my claim, was about 180-200, and none of them
was rejected by the Immigration Board as non-reliable...
TO VIEW THE ORDER OF DOCUMENTS AVAILABLE ON INTERNET FROM THE LIST BELOW, CLICK HERE:
[[[DOCUMENT NUMBER 7]]]
1. SUPPLEMENTS, Document 5-a. 5 pages. Letter to Jerusalem Post. 19 June 1991. Refers to Introduction, page 2, paragraph 4.
2. SUPPLEMENTS, Document 6-a. 3 pages. Fax from Israeli consulate to Mrs. Judith Malka. Refers to Document 1. Paragraph 1.2., point
A).
3. SUPPLEMENTS, Document 7-a. 3 pages. Fax from Maitre Michel Dorи to Maitre Yves Boirond. Refers to Document 1. Paragraph 1.2.,
point A).
4. SUPPLEMENTS, Document 8. 3 pages. List of Organizations, Institutions, Persons and Governmental Boards, Where We turned for
Protection in Israel during 1991-1994. Refers to Document 1, page 3, point C).
5. SUPPLEMENTS, Document 9. 2 pages. Mrs. Marina Heifetz's autograph. Refers to Document 1, page 3, point C).
6. SUPPLEMENTS, Document 10. 2 pages. Postal receipts. Refers to Document 1, page 3, point C).
7. SUPPLEMENTS, Document 11. 2 pages. Fax receipt. (Fax was submitted to Amnesty International in London). Refers to Document 1,
page 3, point C).
8. A room was prepared for a document, which I did not attached.
9. SUPPLEMENTS, Document 13. 2 pages. Medical document from Asharon (or Ha-Sharon) hospital. Refers to Document 1, page 5, line
5.
10. SUPPLEMENTS, Document 14. 2 pages. From medical center "Golda". Refers to Document 1, page 5, line 5.
11.SUPPLEMENTS, Document 15. Medical certificate. Refers to Document 1, page 5, line 5.
12. SUPPLEMENTS, Document 16. Evaluation psychologique. Refers to Document 1, page 5, line 5.
13. SUPPLEMENTS, Document 17. Medical certificate. Refers to Document 1, page 5, line 5.
14. SUPPLEMENTS, Document 18. Medical certificate from Reddy Memorial Hospital. Refers to Document 1, page 5, line 5.
15. SUPPLEMENTS, Documents 19 (number of documents: A,B,C,D,E,F,G,H,I, J,K, L,M,N,O,P). All of them refer to Document 1, page 3,
point D):
16. Document 19-A.1 page. U.S. Jews hold fire in rift with Netanyahu.
17. Document 19-B.1 page. Arabs seek resumption of U.N. session on Israel.
18. Document 19-C.1 page. Israeli immigrants finding work.
19. Document 19-D.1 page. Ethiopian Jews Riot Over Dumped Blood.
20. Document 19-E. 1 page. A group of children marched along St.-Alexander...
21. Document 19-F. 1 page. A mourner pauses... page 2
22. Document 19-G. 7 pages. We do not need your love, but just stop beating us!
23. Document 19-H. 7 pages. Interview with Jonathan Gefen.
24. Document 19-I. 1 page. The Bungling Bank Robbers of Israel.
25. Document 19-J. 2 pages. Fleeing the Promised Land.
26. Document 19-K. 1 page. Name On the Tombstone.
27. Document 19-L. 3 pages. MAOZ, Messianic Jews Almanac. An urgent call to stop the recent Israeli bill, which could forbade all religions
beside Judaism.
28. Document 19-M. 3 pages. MAOZ, Messianic Jews' Almanac. ONE YEAR IN PRISON FOR POSSESSING A NEW TESTAMENT.
29. Document 19-N. 1 page. MAOZ, Messianic Jews Almanac. AN URGENT CALL FOR PRAYER AND SOLIDARITY: "This bill before the
Knesset would render illegal the possession, production, reproduction, importation and distribution of literature or information, which may
serve to persuade another to change his religious views or affiliations".
30. Document 19-O. 2 pages. MAOZ, Messianic Jews Almanac. A CALL FOR PRAYER AND PROTEST.
31. Document 19-P. 1 page. MAOZ, Messianic Jews Almanac. YOU CAN BE ACTIVE IN THE STRUGGLE FOR FREEDOM IN ISRAEL.
32. SUPPLEMENTS, Documents 20: from A to K: Israeli visas. (Total number - 11 documents). Refer to Document number 2 (in
Documents, not in Supplements), paragraph 1.16.
33. SUPPLEMENTS, Document 21.
34. SUPPLEMENTS, Document 22.
35. SUPPLEMENTS, Document 23. 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