Лев Гунин - ГУЛаг Палестины

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

by force. It would mean that demonstrative humiliations over human rights, such as the IRB members and Mrs. Murphy expressed, are