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
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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