was called to intentionally. He was accused in a refusal to come to the draft board (the ignored his voluntarial arrival) 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 know 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.
      We have submitted all the documentary proof we had to support our claim to the immigration board (committee). We also sincerely
      described what happened to us in our claim's atory without any distortion or exaggeration. But what happened to us in the immigration
      courtroom and between and after our 2 hearings is just incredible...
      Why We Think Our Human Rights Were Violated By the Court?
      Inside The Courtroom:
      1)Some of the main documentary proofs (statements, affidavits, letters, receipts, articles, ect.) were ignored as if they never existed.
      2)Other extremely important documents were mentioned but were ignored (if not - they might be an obstacle to what the judges
      incriminated us). 3) Other documents (including Amnesty International's confirmation of our complain) were mentioned as incomplete proof
      of particular events, when in reality they were given to support other events. In the same time documents which relate to these events were
      ignored. 4) The same way our words were ignored, too. For example, I was asked an insinuating question. My answer closed that question
      by a clear and unbeatable conterargument. So, what then? Then the same insinuation was repeated - but this time in an affirmative form:
      As if I said nothing. The same question could be given 2, 3, 5 times non-stop. If I gave the same answer again and again they shouted on
      me, used threats, aggression, incredible accusations to force me to change my answer. It's clear that such a method violates moral and
      legal norms - and any hesitation by a refugee claimant under such an illegal psychological pressure can not be taken into consideration. 5)
      Too often they questioned us giving us no rights to response. They shuted us down replacing our eventual answer by their own - and later
      based their conclusions not on our answers but on their own statement posing it as our - not their - words. 6) It was repeated again and
      again that they doubt about our rights to appeal (for a refugee status) because our actions (when we were in Israel) weren't a good
      solution. As examples of "good solutions" were mentioned: A demolition of our family, a criminal offense - and so on! 7) Several times the
      bord members expressed their dissaproval by the norms of democracy or by my aproval of the democracy laws. It is absolutely clear that our
      case was treated not according to Canadians laws but according to the rules and norms of Israel since - in the judges' eyes - we belong not
      to Canadien but to Israeli jurisdiction. This position - neither being ordered to the bord or being the product of the board itself - made the
      courtroom a part of Israel's territory. 8)The procedure of our immigration hearing wasn't an investigation in our case but a pure pro-Israel's
      propaganda. It's goal wasn't to detect whether or not our claim for refugee status is justified but to defend the image of Israel as a "good"
      country in an imprudent and abusing form. The depersonalization of our claim was done in an extreme form ignoring our personal history.
      So the only criteria chosen to support the bord's point of view was the very fact that we came from Israel. But the only admissible attitude to
      refugees is to base the decision on what happened to them personally, not on which country they flied. 9)The members of the board
      expressed their detestation of the human rights defense and verbally denied (directly or indirectly) a number of recognized human rights.
      10)Sending requests to Israeli embassy and demanding some definite information about us, the immigration officer violated another moral
      and judicial principle: Not to announce his claim to the government of a country a refugee claimant escaped from. 11)Reading Amnesty
      International's and other reports the immigration officer distorted and sometimes falsified the documents. 12) Documents submitted by the
      Israeli government, by it's dependents or by it's embassy were considered as absolutely reliable and were voluntarily represented by the
      tribunal as non-debatable. In the same time documents that were represented by our lawyer (or our documents) - newspapers, statements,
      declarations, and so on - weren't treated as equal to Israeli propaganda papers. More then that: At least our documents were completely
      ignored: As if they never existed. In the same time the documentation presented by Israeli government can't be treated as an arbitrary
      source: Because Israel is involved. Meanwhile a number of our documents may be considered as more objective and independent. 13) The
      immigration officer used 1) an open lie 2) threats 3) desinformation; 4) expressed an unexplained malicious anger towards us; 5) claimed
      one thing to defend her position during our hearing and claimed the contrary during the hearing in G. family case (our cases are related,
      and G. was called as a witness to our second hearing); 6) she lied about what I said, about what she previously said , about what was said
      about the situation in Israel and so on; 7) her behavier towards us and G. family was so incredibly agressive as if she had a personal reason
      to punish us, or to exterminate us. 14) A 'yes" or "no" answer was demanded in situations when it was clear that such an answer is
      absolutely impossible. Demanding "yes" or "no" answer only they justified their decision not let us speak. 15) Despite our son's mental
      illness and the evidence that he can not be asked the immigration officer asked him various questions in an aggressive manner. We
      understood that questions which she asked him were nothing more then a pure humiliation. 16) Requests which the immigration officer has
      submitted to Israel weren't justified or necessary.
      Outside The Courtroom:
      1) Our lawyer's translator did our story translation in an provocative and humiliated manner. She has chosen the declarative style instead of
      a description intentionally: to make our story sound ridiculous. She also sabotaged G.'s family story. When they came to Montreal G. put
      everything that happened to his family in Israel in writing and gave that piece of paper to the translator. She sabotaged the translation
      distorting the sense of his story, inserting her own inventions and sentences which sounded like provocations. He demanded a translation
      back to Russian from her French version , and she did it. She wrote it by her own hand. That manuscript is quite different from her French
      version. So, she did it to smoothen the distortions and to prevent G. from complaining. We have also other proofs of her sabotage. 2) She
      sabotaged the translations of newspaper's articles as well. From one hand she exaggerated a number of descriptions of persecutions
      against Russian-speaking people "to do us a favor" (We think her goal was to discredit these articles). 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 trying now to freeze their file to avoid
      giving them the permanent residents
      papers and continues persecutions.To
      punish Lev Gunin they startet to
      humiliate over his old mother (check the
      link)
      Complete update of GUNINS tragedy is
      here
      Next Document Main Page
      For The Federal Court, Second-Stage Appeal Procedure
      FROM Lev GUNIN (FILE Number 2948-6524/ 95/76/23/18
      ID: 3082-7125/7174/7220/7231/7317/ )
      FOR THE FEDERAL COURT, AFFIDAVIT February 24, 1998
      LIST OF ITEMS
      INTRODUCTION: An explanation why some important (from my point of view) details never appeared in my refugee claim.