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88 -
aten by
everyone: by "kablans" -
Israeli sub-contractors, who employed that "Russian" only for the
heaviest work, then by police,
whose brutality nowadays everyone speaks about (even the members of
Israeli Knesset). Gunin
even tried to find "truth" (protection) in a police station. But
uselessly since the composer, after
writing one of his articles was already once "invited" for "discussion"
by police. After that discussion
his lips were swelled, and the doctor diagnosed a brain concussion...
Israel is a free country. It is possible (theoretically) to leave her.
You must only bring two dozen
permits (visas for exit): from the army, from Immigration bank "Ydud",
from building bank and other
organizations, which can give out these papers, or can not to give out;
at last, from police, which
does not give any documents to plaintiffs, whatever you do...
One day Ana ran to a few embassies, with the vain hope to take her
husband and small girls out
from Israel immediately.
But only the support of Amnesty International to Gunins made their
departure from Israel
possible...
And here they are in blessed Canada.
2. And here something even more awful was found out, - the composer and
musician Lev GUNIN
not only "escaped" with his family from a very free country, he
furthermore has an independent and
obstinate personality. And even here he has not changed...
He was exasperated and demoralized by how unlawfully the trial of
Gunins' case in the refugee
court was managed. I have listened to all cassettes with records of
refugee hearings. Each of
them lasted from four to five hours.
During that huge amount of time Canadian judges spoke out only three -
four phrases, transferring
the whole initiative to an immigration offficer whose name is Judith
Malka. With passion and anger
Malka (her Jewish family name means "queen") repeated all "proofs" of
Israeli government about
"fugitives and traitors" (Exactly by that name former Prime Minister of
Israel Mr. Shamir, ardent
Zionist called all Jews, who did not desire to live in Israel).
But the composer Gunin is not a Zionist, though he has nothing against
Zionism.
He merely wants that his wife not be called "Russian prostitute", and
not be beaten up.
He does not understand in general, why an immigration officer whose
name is Judith Malka, cries
hysterically: how could this Gunin call himself and his family, which
were not allowed to get out of
Israel, "Russian slaves"?!. Slaves driven to the Middle East.
Certainly, it was absolutely necessary for a tired out person to quit
Israel immediately. But not
alone! It was necessary to grasp from humanitarian reasons the prime
minister Netanyahu, whom
the iron Madeline from USA State Department puns to one side, the
opponents of the peace
agreements Sharon with Shamir - in an opposite, and the right
psychopaths threaten to shoot him
immediately as lzhak Rabin, if he will listen to the Americans. That's
who is a true "prisoner of Zion"!
He's only not beaten by police yet as Lev Gunin was.
Oh, the exhausted, tormented composer was not up to these thoughts in
the court. He
multiplied, and multiplied the facts of inter-ethnical hostility and
the brutality of Israeli police, what is
today not only denounced by the Israeli press publications, but even
discussed by the deputies of
Knesset...
Listening to the tapes, I expected that Lev Gunin would soon lead
Immigration's Malka to a heart
attack. Finally, as the matter of fact, she really broke up, and,
almost loosing her conscience, has
cried out, that Gunin has submitted the request for the status of the
refugee just for having an
opportunity to discredit and slander the state of Israel!
Naturally, after that cry Gunin and his family were not recognized as
refugees.
It was told about the reasons of that refusal directly, in the official
document.
I "... There are not enough proofs that "Russian" origins, mixed
marriages are
persecuted because of nationality, religion, [...] or because they
express antifascist views".
2 ''... Because the state of Israel has brought "Russians" on her own
expense, they in general have
no rights to ask for the status of the refugees in Canada...."
And etc...
In Montreal, in the Rene Levesque Street, 200, where there the Council
on refugee cases
(Immigration and Refugee Board), is situated, there is the archive for
documents that officially
confirm inter-ethnic hostility in Israel, attacks on children from CIS
countries, and systematic rapes
of the women from Russia.
Also are carefully kept UN documents, which testify about the same. The
same has been
published nowadays by various newspapers of the World.
But why the judges had to look to the truth into eyes? Eyes will ache!
The Jewish Congress of
Canada does not want to hear that in their beloved Israel somebody was
deadly beaten,
somebody was pogromed and persecuted... From ages the Erets Israel for
them - their "pink
dream", their "birthday of heart". How could it happen that inside the
"pink dream" anybody is
beaten? But if even really beaten, probably, he must be beaten!..
Thousands of Russian, Byelorussian and Ukrainian Jews, running from
Israel, are rejected, with
an active assistance of the Jewish Congress, from Canada, thousands of
families are broken,
children become orphans, many are lost. But the idea that the members
of the Jewish Congress of
Canada are accessories to a historical crime against the Jews of CIS, -
this idea has not yet struck
them...
Dear PRIME MINISTER, Mister Jean CHRETIEN!
I wrote five documentary novels and stories about Israel, including the
trilogy "Branch of
Palestine", translated in all European languages. In my life I saw
enough of such noisy Judith
Malkas, hired or voluntary Israeli super-patriots, so enough that it
would be enough for ten lives.
I am convinced, that you have judges with the sense of humor and
understanding, who would not
allow to transform the Canadian court into a battlefield for intolerant
towards dissidents and broken
apart Israeli society.
But now the speech goes not only about re-consideration of this obvious
case, but simply about
the rescue of the Gunin family. I talked to these people, saw their
eyes.
Lev Gunin and his wife Alla are exhausted, nervous people, they are on
the verge of suicide. Four
years they are carefully pushed towards this edge. The persecution of
intelligentsia does not
cease...
Young talented professionals are extremely important to Canada. Please,
give Lev Gunin, a
talented composer and musician, an opportunity to work quietly - in
glory to his family and this
remarkable country - Canada
Grigory SVIRSKY
12/26/1998
TORONTO
From Family Gunin, Montreal, November, 1998
Dear Friends!
Please, try to treat this letter as an unusual appeal, not just a
desperate cry for help and justice.
In October 1998, the Federal Court of Canada issued a second decision
in family GUNIN's appeal. (The 1-st one was positive). That tragic
decision resumed our refugee claim, which took 4 years of our lives.
Let us make a brief description of events, which took place before that
sad date.
The head of the family, Lev GUNIN, as all members of the family, was
born in Bobruisk, Belarus, ex-USSR. Senseless, ridiculous
coincidences in 1971-72 turned him, a secondary school student, young
composer, and advance piano player, into a person, persecuted by
Soviet authorities. They tried to prevent him from entering collegial -
university studies; however, his persistence and a lucky miracle broke
that wishes circle, and he received first collegial, and then
university degrees in music. In spite of that, L. GUNIN could not build a
successful composer's carrier because of persecutions. In the same
time, he played a specific role in ex-USSR, Belarus, and other
countries' cultural life. He's the author of novels, stories, poetry,
contemporary and electronic music, works in history, essays, musicology,
music history, philosophy, etc. His articles were published in a number
of newspapers all over the world.
In 1979-1986, Lev became an object of wide humiliations. He was beaten
by somebody, who has links with militia (police) and KGB. The
authorities stood up in defense of the attackers. They persecuted L.
GUNIN even more for bringing the attacker to trial. In another incident
he and his brother - they were hunted by two well-coordinated groups:
mobsters, and a gang of youngsters. "Hunters" were also leaded by
militia (police). Later brothers GUNIN were interrogated by police /KGB
men. Lev's brother Vitaly became a victim of secret medical
manipulations.
L. Gunin has multiple links with the cultural elite, famous
personalities and dissidents in Moscow, St. - Peterburg (Leningrad),
Vilnius,
Warsaw, and Belarus. He also has connections with the Western
journalists in Moscow, and with representatives of the governments of the
Western countries.
1980-s. Because of persecutions L. GUNIN's decided to participate in
the dissident movement. There are the main directions of his
dissident activities:
1. Participation in Human Rights movement and links with the most
famous human rights activists.
2. Membership in underground literacy circles.
3. Defense of the Old City of Bobruisk from revelation and demolition.
4. Journalism and editorial functions for underground magazines.
5. Cooperation with forbidden (or unwelcomed) in ex-USSR NTS (People's
Labor Union) and the National Front of Belarus.
6. Participation in the Jewish national movement.
7. Creation of ideologically independent and stylistically
controversial music, prose, poetry, philosophy, and historical, political,
and other
works.
1985-1989. A conflict erupted between leading by L. GUNIN group - and
the powerful institution of Israeli emissaries to USSR, and
controlled by them Jewish political Mafia. (Their goals - devastation
of the local Jewish cultural life, confiscation of huge aid from the
Western Jewish communities, and concentration of the propaganda of
immigration to Israel - L. Gunin was fighting). He also confronted
three important personalities - Kebich, Alimbachkov, and Lukashenko.
All of them became top political figures later: first one short before,
and the two others - after his departure from USSR (The 1-st one became
the Prime Minister of Belarus, 2-nd - major of Bobruisk, and the
3-rd is the present dictator of Belarus).
.
His attempts to emigrate to USA or Germany - to save his brother's life
- failed. All attempts to obtain an Israeli visa for permanent
residency have been failed, too. (By then practically everybody could
easily get such a visa). Israelis did not want to allow him and his
brother to immigrate to Israel.
1991. After his brother's death, Lev started to cancel all steps of
immigrating to Israel. He did not want to go there by then. Soon he
received an order from KGB to leave his native country for Israel.
Soviet authorities sent us (family Gunin) all previously suspended visas.
We could not say "no" to KGB, but planned to escape from Warsaw to
Germany. At the Central railway station in Warsaw, in presence of
L.Gunin's Polish friends, Israelis captured us, and took us to Israel
by force. In Israel, Mossad (Shabbak) officers verbally accused Lev in an
attempt to sabotage the whole operation of bringing the Soviet Jews to
Israel. Mossad approached him several times.
In Israel we faced next persecutions:
1) Israeli citizenship was thrust on us
2) Alla, Lev's wife, was abused, attacked, beaten, assaulted, and
systematically discriminated against
3) Elisabeth, his mother, was abused, attacked, and assaulted
4) Children became victims of systematic humiliations and mockery
5) Lev himself was deprived in his rights. Israeli authorities denied
him:
a) valid diploma equivalent
b) professional courses
c) rights to enter other courses or university
d) full and valid employment authorization
e) registration with the State labor exchange
f) tax exemption as all fresh immigrants were receiving
g) welfare when he was unemployed
h) proper and equal medical service
i) legal, and police defense
j) reduction of municipal taxes
k) authorization of departure, which is required in Israel to leave the
country
l) etc.
He was beaten, abused, discriminated against. Israeli state radio
called him an enemy. One of the leading Israeli newspapers suggested
that his works (essays, articles, etc.) must be destroyed. Innumerous
and systematic draft board's orders to appear affected his normal life
and his (his family) financial situation.
During his life in Israel L. Gunin published a number of articles &
books in Israel, Lithuania, Poland, Moscow, and Germany, criticizing Israeli
government for human rights violations and fascist tendencies in
Israel.
1994-1996. With an indirect Amnesty International's involvement we
could come to Canada, and claimed a refugee status. To support our
claim we presented next types of documentary proof:
A. Legal documents
B. Documents, issued by Israeli government
C. Documents, issued by all kinds of Israeli institutions
D. Affidavits
E. Letters
F. Post receipts
G. Medical documents
H. Newspapers
I. Researches made by International committees and human rights
organizations
J. Proof that in Israel we turned to innumerous organizations,
institutions, police, court, and lawyers for protection
K. Our lawyer's documents
L. Etc.
Practically each statement, described in our refugee claim, was
supported by the documentary proof. Only the list of documents' description
consisted of six pages.
1994-1997. In her translations, our lawyer's secretary/translator
distorted all documents in our refugee claim. One of our two lawyers
submitted several messages to IRB in protest of some outraged events.
He claimed that the IRB members took advantage of the distorted
translations, using them as a tool against us. IRB members used
offensive, illegal methods against Lev. They interrogated only him. No
questions were given to other family members. IRB commissioners
demonstrated their opinion that Lev GUNIN must be punished for his
ideological (political) views. Two members of IRB, immigration judges,
gave the whole initiative to the third member, an immigration officer, a
Jew and - probably - Israeli, who only spoke. During our refugee
hearings she manifested an outraged malicious hatred towards us, and
maintained close contacts with the Israeli embassy in writing, in our
case. IRB members maintained the atmosphere of hostility and
arbitrary attitude towards us.
Denying our refugee claim, the IRB members not just acted unfair. Their
negative decision was not just a refusal to recognize us as
refugees, but a declaration-manifest, which rejected the basic human
rights in principle. In form of declaration, they denied in principle rights
to have an independent opinion, practice or not to practice religion,
be protected by the state. IRB members claimed that if government
paid for immigrants' transportation, immigrants became the property of
that government (a kind of commodity). IRB members also claimed
that police' and other institutions' refusal to give protection was
justified if people had an alternative political /ideological opinion (even
if that
opinion was not expressed to police). They claimed that we alienated
Israelis by keeping controversial opinions, and refusing to change our
views. And so on...
The IRB's negative decision became not just a matter of our personal
fate, but also a matter of human rights in general.
1998. In her speech in the Federal Court, Mrs. Murphy, the Minister's
of Immigration representative, confirmed the IRB members' negative
attitude towards human rights, and also widened personal accusations
against Lev Gunin, turning the question of our refugee status into
the question of his "inadmissible" (by whom?) ideological views. As IRB
did before, Mrs. Murphy refused even to mention Alla Gunin,
Elisabeth Epstein (Gunin), and the children.
The Federal Judge, Mr. Dube, just copied Mrs. Murphy's and the IRB
statements, refusing to evaluate arguments of the TWO sides. He
claimed that - because in their refusal to recognize us as refugees IRB
members used the formula "no minimal credibility", - such cases are
automatically denied by the Federal Court. In reality, his decision was
made in contradiction to another Federal Court judge's decision in our
case, and also contradicted the IRB's final (conclusive) decision. In
that decision IRB agreed that some persecutions against us (they
called them "difficulties") could take place because we abused the
Israelis by refusing to obey their demands to change our views. Mr.
Dube also revealed his partiality by distorting some important events
and attacking our lawyer in personal. A person, whose name was also
Dube, was involved into negotiations between the immigration officer,
Mrs. Malka, and the General Consul of Israel, in our case. We could
not find that person among the IRB headquarters' staff, or among other
immigration divisions. All faxes were submitted to Israeli consulate
from Mrs. Malka, without mentioning any other name (s). However, the
responses from the consulate were submitted to Mr. Dube. We feel
that this mysterious Mr. Dube has something what to do with the Federal
Judge Mr. Dube.
IRB and Mrs. Murphy's accusations against us were such, which are the
prerogative of the criminal court. They accused us so sharp as if
we were killers or terrorists. In reality we are innocent people, never
accused in defamation, or fraud. In the same time, the way they acted
might be easily considered as a criminal offence.
We are appealing not just because of incredible injustice, but because
the removal back to Israel means DEATH for us. If nobody in the
whole world could prevent it, it would mean that if people are deprived
and innocent they might be kidnapped and taken to another country
by force. It would mean that demonstrative humiliations over human
rights, such as the IRB members and Mrs. Murphy expressed, are
tolerated. There are rumors among UN staff that the Universal
Declaration of Human Rights might be changed soon to fit to the brutal and
ultra-religious