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ticles). But on the other hand she excluded
the most important paragraphs in her translation and gave the opposite
meaning to the most important facts and conclusions. 3) The
translator also sabotaged the translation of some official papers and
other documents which we and G. prepared to support our claims.
She told us that she has translated some of them and that she would
find a translator from Hebrew -but it was a lie. If not our complains to
the lawyer and an alert note we gave to him: No documents were
translated. 4)We believe that a conspiracy between the immigration board
and the translator took place. She was given an order to insert some
particular phrases in G. story which he didn't want to see there. Later,
in the courtroom, these phrases were used against him. These phrases
were taken from articles he wrote before we escaped from Israel.
Among them were the articles which G. hasn't presented to her or to our
lawyer when she was doing the translation of his story. The
members of the immigration board have exploited these phrases again and
again: What leads to a suggestion that it wasn't
occasionally. 6) There is a visible connection between the
immigration officer - and Mr.Mark Kotlarsky, who lives in Israel. This
gentlemen is an informer and a provocateur for Israeli authorities. He
wrote an article about G. in 1994, in Israel. This article was written in a
humiliated and sarcastic manner. Mr.Kotlarsky used the information
which G. shared with him (as with his close friend ) against him. This
article is outright slander, mystification, false insinuations and
lie.. Before G. discovered that Mark Kotlarsky is the government agent he
told
him some things which G. never told to any other person. But during our
immigration hearing and during the hearing of family G. these
things were used by the immigration officer against us. We have no
other explanation but that she's in a contact with Mr.Kotlarsky. 7)
Then, we have a reliable source of information which says that the
immigration officer, the member of the immigration board in our cases, is
an Israeli. Because of some reasons we'd like not to present the
evidences for that. But this paragraph can play an informative role only.
We have no pretensions to demand you to believe in that. From the other
hand if the immigration officer is an Israeli (it can be confirmed, if
somebody wants to find out) and the patriot of Israel (the last is too
clear), she has no moral and - may be - legal rights to judge in refugees'
from Israel cases.8)When G.'s came to Montreal they gave G.'s wife's
birth certificate and it's legal translation to our lawyer. Dispute the
submission of that legal translation the lawyer's translator did her
own translation. Now we discovered that she sabotaged ("refused") to
translate his wife's parents' nationality. There is a clear connection
between that sabotage and the immigration officer's tactics in that
issue. The immigration court decision came to us at the 14 of December,
1996. The denial of our claim for a refugee status doesn't reflects
what really happened during our immigration hearings and has almost no
connection with our claim. It is a masterpiece of rhetoric and
profanation. This document is a next proof that an only decisive voice
in our case was the voice of the immigration officer. She was a real
judge - and the official judges were just mutes. The text of "their"
negative decision reflects her style and based on her words exclusively:
Her declarations she made during our hearings are reflected in this
document pretty good. But this document ignore our answers
completely: As if we kept silence all the time. When in reality some of
our counterarguments completely discredited her insinuations.
Nothing what the judges said during our immigration hearing is
reflected in the immigration board decision, what means that the decision to
deny our claim was made by the immigration officer only (without the
judges) when according to the rules she has no decisive voice but only
a consultative voice. The denial's text is much the declaration about
Israel then a statement of an immigration committee. It based on an
acsioma that Israel is a democratic state (society). Such a declaration
lays beyond the juridical matter: Because there is not in jurisdiction of
an immigration board to decide which state is a democracy and which is
not. This is a privilege of an academic institution but not of an
executive board. Then it is an act of injustice to declare that Israel
is a democracy in an imperative manner giving the refugee claimants no
possibility to present their view and their counterarguments. It is
clear from what was discussed during our immigration hearings that Israel
has almost nothing in common with democracy. A permission to leave the
country, an indication of nationality and the country of origin in
special enternal passports, a supremacy of the religious laws over the
civil code, a right for a military committee to decide who is a single
son - and who's not, an imprisonment for months without an official
accusation: All these and hundreds of other Israeli laws are suitable
may be for a mental hospital - but not for a "democratic society". An
opinion expressed by the document that we should not escape to
Canada but should seek a help in Israel also has nothing what to do
with the reality. We did everything to defend ourselves in Israel, and G.
as a journalist and the human righta activist did everything that was
possible to help us.He presented tenth of receipts of his complains to
various ministries and organizations including the Ministry of Police,
the Ministry of internal affairs and police, which were unanswered, to
the immigration committee. The sad truth is that the committee just
ignores everything. And recognize only the ungrounded Israel's
declarations. And the immigration officer - a person who sends faxes to
Israeli embassy, obtains documents there;in other words who's in
tight connection with Israelis - is the only person who has a decidable
voice in the refugees from Israel cases... Isn't that sad?!
We can not go back to Israel under no condition, because
1) my husband and my son may be arrested by the militaries and
imprisoned. I expressed my grounded fears about that during the hearings
- and I can widen them now. 2) How can we go back to Israel if the
immigration officer informed the Israelis about our refugee claim? In
Israel where the ideology and the patriotic education play a very
important role we will be considered as "traitors" and will be persecuted
for
that, too. 3) Persecutions against us in Israel were so strong that if
we would be send back to Israel we will die. 4) After receiving so called
"21-st military profile" my son has no future in Israel: Because in
Israel people who are given that "profile" can not study, and nobody will
employ my son with such a "profile". 5) After all the persecutions we
faced in Israel we feel fear - and we are afraid to go back; our fear, our
psychological tremor towards Israel are so strong that there is
impossible for us to live in Israel any more. In the name of God, in the
name
of Justice - HELP US!!!
CONCLUSIONS: our 2 immigration hearings (as well as hearings in G.
case) have nothing in common with any legal procedure. They rather
remine of an incuisition court or a secret political tribunal. This
tribunal was arranged to punish us for flieding Israel and G. - for his
ideological views - not to decide whether or not our (ours and G.
family's) claim for a refugee status is justified. It was used for the
political
purposes: To "show" how just any information about human rights
violations in Israel which not concerns Arabs can be calmed down - and
to express a huge pro-Israel propaganda. They made clear that they
treat our escape from Israel as a mutiny and will never admit the very
fact that we are in Canada, in Quebec, not in Israel. Their words,
their behavior - everything - was meant to show us that we could only
deserve to be treated according to the Canadian rules after getting a
refugee status. Before that we don't deserve to be treated by
Canadian rules. That's why we were treated according to the rules and
norms of Israel!!! It hard to find a more violative ritual of humiliations
over the juridical norms then that... It is absolutely clear for the
judges - as well as for ourselves - that we were severely persecuted in
Israel,
that all members of our family were severely abused and that the
definite casualties were inflicted to our health, including our son. It is
also
absolutely clear to the judges that the deportation back to Israel is a
death penalty for all members of our family. The tricky thing is that the
immigration board expressed almost no doubt about persecutions we
survived in Israel or even recognized the harshness of these
persecutions. But the point is that they claim ... we are guilty in the
persecutions ourselves - and therefore they don't worry about our souls
and our lives... So, this is not even a tribunal, but a brutal act of a
vengeance. sp; * The court's negative decision (resume) was
made and expressed in an inappropriate manner without any clear
connection to our real case. The decision was clearly made by the
immigration officer, not by the judges. She is an Israeli patriot and
she hates the Russian-speaking people. Everything what is expressed in
the decision document is basicly a lie. The text of that document is
politically motivated and juridically illegal. This is just the next stage
of
injustice.
SUPPLEMENTS (if required):
1.A LIST OF TRANSLATED INTO ENGLISH OR FRENCH ARTICLES.
2.DOCUMENTS.
3.TAPES FROM THE IMMIGRATION HEARINGS.
4.OTHER MATHERIAL PROOFS.
5.OTHER DOCUMENTS.
6.DETAILED COMMENTARY TO THE HEARINGS.
7.COURT'S RESUME (DECISION).
8.DETAILED COMMENTARY TO THE COURT'S RESUME (DENIAL OF OUR CLAIM).
SINSERELY YOURS, LUDMILA METELNITSKY
telephone number: (514) 845-8216
address: Ludmila Metelnitsky, 3440 Durocher Str., Apt.1602, Montreal,
Quebec, H2X 2E2, CANADA
AN ADJUSTMENT
We came to Israel in 1990; as many other people we had a hope for a
better life. As the most of Russian-speaking people we were
"welcomed" by a malicious anger, the state unti-Russian propaganda and
the most severe discrimination. Our son was 15 when we came to
Israel. Each of us (including our son) was assaulted, abused, beaten,
discriminated against. The ignorance of what is going on in Israel with
the Russian-speaking people can not make what our friends and we
suffered from in Israel unreal. Batteries, assaults, abuses were real and
happened to us in real life. If my son could come to school and could
hear a discussion about the last article in a Hebrew newspaper, in which
"Russians" were called sons of a bitch, prostitutes, fools and thieves:
was it "unreal"? And the computer games in Hebrew accompanied by
songs with words like "Russians, go home": They were as real as the
real life. And the social climate in Israel is so horrible that if a child
is
beaten at school "because he's Russian" - he is forced to feel guilty
himself as if he's guilty in not being an Israeli but being a Russian.
Any person with conciseness (a journalist, immigration official, a
human right organization official) could take a translator from Hebrew, go
to a
library or to an archive and find articles in Hebrew newspapers which
have highly aggressive untie-Russian contest. And what about
thousands of articles in Russian newspapers published in Israel about
what can be called almost genocide against "Russians"?
When they began to call my son to a draft board (because Israel has a
compulsory military service) he asked an alternative military service
each time they called him: because he was afraid of hostility towards
"Russians" within the Israeli army and also because of the rule that a
single son can not be taken into the front-line units against his will.
They gave him no decision, but kept ordering him to come to the draft point
again and again.
One day a new routine order to come to the draft point arrived. My son
was ordered to come one day - but the order has been sent one day
later then the date of his appearance. A couple of other days past
before he got the order. But as soon as he got it he immediately went to the
draft board.
When he came they have arrested him incriminating him a disobedience to
the order to come. No excuse, no explanation was admitted.
Everything happened so fast that there is no doubt: they were prepared.
So, they have submitted this order for him later then the date he was
called to intentionally. He was accused in a refusal to come to the
draft board (they ignored that he arrived voluntarily) and in avoiding the
military service. They have treated him like if he already was a
soldier and flied from a military unit. He was also given a soldier's number
as
if he was a soldier when in reality he never entered the army and never
wearied a military uniform. When he admitted that he's going to
become mentally ill because of the military prison they refused to give
him a Russian-speaking psychologist, and the Hebrew- speaking
psychologist couldn't speak with our son, but wrote a report based on
ungrounded insinuations. When later a Russian-speaking psychologist
appeared he translated him that report but told that it is impossible
now to dispute what the Israeli wrote.
When our son was in the military prison severe humiliations were
committed over him. All the violations of the rules and of the moral norms
in
his case were too innumerable to mention them. During his imprisonment
our son was transformed from a healthy person to a mentally ill boy.
When he was released from the military prison (he was in the prison
more then 3 months; no charges were posed against him, no court took
place) the military medical committee recognized him as a mentally ill
person. When he was just imprisoned he was recognized as a fully
healthy person suitable to the military service. He received some
treatment here, in Canada, and the immigration board knows it. We did
everything we could to release our son from the military prison. But
the civil lawyers refused to take his case as soon as they heard about the
conflict with the army. Some of them assaulted us refusing to take the
case. We demanded a military lawyer but the military commandature in
Jaffo denied us a military lawyer. We turned to all the possible places
like Israel Bar Association,human rights organizations, Sharansky's
Zionist Forum, Israel and foreign media, state officials: nobody
couldn't or didn't want to help us. Then we decided to send a letter to
Amnesty
International. A friend of us - a dissident and a journalist Lev G. -
has contacted Amnesty International and later submitted several faxes to
them. When the authorities realized that we complained to Amnesty
International they released our son from the military prison.
We couldn't live in Israel any more after what happened to us and to
our son there, and also because we were afraid that our son can be
arrested again if we will stay in Israel. The only reasonable solution
for us was to escape. And the only way to do it was to become refugee
claimants. We flied to Montreal in November 1994.
I don't want describe the whole farce of so called "immigration
hearings". There were 2 of them.
Any positive decision couldn't be taken in our case since the
immigration officer assigned to our case is a Jew, probably, an Israeli, and
she
hates the Russian-speaking people. We prove in our later appeal that it
was her who took the decision in our case.
Several months ago when our son was on a party, one gay called him out
and took him to a car.
That gay was drunk. When driving the car he damaged several parked
vehicles. Later we discovered that he took another person's car.
Despite the clear evidences that not my son drove the car police
accused him. We also have an audiotape where that other boy recognizes
that he (not our son) was guilty. There is a recorded telephone
conversation on this tape. Just everything was ignored during the first
criminal
hearing in that case. Of cause it looks as if my son accompanied that
gay - it's enough to accuse him. But you must take into consideration that
he is psychologically, mentally ill after Israeli military prison. A
healthy person could refuse to hear what that gay told him but my son is a
sick
person!
I believe that this was MOSSAD's provocation, and I believe that the
politicians are still behind everything what is going on around us.
If somebody can do something to help us to avoid deportation to Israel,
HELP US!!!
DO SOMETHING!!!
Sincerely yours, Ludmila Metelnitsky
Please, call us to (514)-845-8216. Montreal.
Ludmila Metelnitsky
December 1996 - March 1997
Montreal
ДЕЛО ГУНИНЫХ
FROM FAMILY GUNIN
Folder of Documents about abuse and injustice, partial decisions and
inhuman actions by Canadian Immigration on request of the State of Israel
against a peaceful and talented family
Order of documents:
#1 (this document): To the Federal Court,
# 2: Post Determination Appeal ,
#3: Translator's Sabotage,
#4: Appeal (Alert) to Amnesty International,
#5: IRB's Conclusive Decision,
#6: List of Documents,
#7: BRIEF DESCRIPTION
#8: From Alla GUNIN to the Federal Court,
#9: Appeal to UN Refugee Tribunal,
#10: Humanitarian Appeal (Humanitarian and Compassionate Grounds),
#11: To QUEBEC's Children Rights Committee (in French),
#12: From Elisabeth GUNIN - Humanitarian Cases ,
#13: Events in March-August, 1999, in Hebrew, French, English, Russian
and Polish
#14: Declaration
#14-a: The WITNESS (Autobiographical essay)
#15: The Enforcement of Immigration's persecutions against Gunins (list
of 1998-1999 events)
#16: Grigory SVIRSKY: Appeal to Prime Minister of Canada
#17: Another short description of GUNINS case
#18: New Persecutions - April - May, 2000
#17: Leo's Old Mother Is Under Persecutions
#18: Manipulation of medical data and personnel by Immigration
#19 ALARMING SOS: Usage of falsified medical data against GUNINS - last
update December 2000
After been denied the refugee status
and the rights to appeal to the Federal
court, after years of humuliations and
abuse of justice, family Gunin received a
positive decision to their humanitarian
reasons appeal. In spite of granting them
the landed immigrant status Immigration
is t