FROM FAMILY METELNITSKY
MONTREAL, December, 1996. ToAmnesty International's
London Office
Why We Turn To Amnesty International? ForG.'s Letter (!) Click Here / AnUrgent Appeal/
1) Because our complains to Amnesty International from Israel playedif not the main,a very important role during all the 2 immigration hearingsin our case.
2) Because indirectly or even directly (from a particular point of view)they insinuated that we must be punished for our contacts with AmnestyInternational.
3) Because what happened during our immigration hearing here in Montreal(Quebec, Canada) is so incredible and horrible that will encourage humanright violations everywhere on a wider scale.
4) Because during the hearing the immigration officer falsificated AmnestyInternational’s (and other human rights organizations’) documents and liedabout them.
6) Because if a family comes to a country (which accepts refugees underthe Geneva Convention act) but faces abuses, ungrounded accusations, threats,hatred and injustice within an immigration court room - that means a mayhemfor the human rights, placing the very basis of human rights in jeopardy.
7) Because we are absolutely certain (and we have presented undeniebleevidences to the immigration bord) that we are going to be beatten, abusedor even killed if we will be turned back to Israel.
We came to Israel in 1990 ; as many other people we had a hope for abetter life. As the most of Russian-speaking people we were "welcomed"by a malicious anger, the state unti-Russian propaganda and the most severediscrimination. Our son was 15 when we came to Israel. Each of us (includingour son) was assaulted, abused, beaten, discriminated against.The ignoranceof what is going on in Israel with the Russian-speaking people can notmake what we and our friends suffered from in Israel unreal. Batteries,assaults, abuses were real and happened to us in real life. If my son couldcome to school and could hear a discussion about the last article in aHebrew newspaper, in which “Russians” were called sons of a bitch, prostitutes,fools and thieves: was it “unreal”? And the computer games in Hebrew accompaniedby songs with words like “Russians, go home”:They were as real as the reallife. And the social climate in Israel is so horrible that if a child isbeaten at school “because he’s Russian” - he is forced to feel guilty himselfas if he’s guilty in not being an Israeli but being a Russian.
Any person with conciseness (a journalist, an immigration official, a humanright organization official) could take a translator from Hebrew, go toa library or to an archive and find articles in Hebrew newspapers whichhave highly aggressive untie-Russian contest. And what about thousandsof articles in Russian newspapers published in Israel about what can becalled almost a genocide against “Russians”?
When they began to call my son to a draft board (because Israel has a compulsorymilitary service) he asked an alternative military service each time theycalled him: because he was afraid of hostility towards “Russians” withinthe Israeli army and also because of the rule that a single son can notbe taken into the front-line units against his will. They gave him no decision,but kept ordering him to came to the draft point again and again. One daya new routine order to come to the draft point arrived. My son was orderedto come one day - but the order have been sent one day later then the dateof 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 tothe order to come. No excuse, no explanation were admitted. Everythinghappened so fast that there is no doubt: they were prepared. So, they havesubmitted 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 (the ignored hisvoluntarial arrival) and in avoiding the military service. They have treatedhim like if he already was a soldier and flied from a military unit. Hewas also given a soldier's number as if he was a soldier when in realityhe never entered the army and never wearied a military uniform. When headmitted that he’s going to become mentally ill because of the militaryprison they refused to give him a Russian-speaking psychologist, and theHebrew- speaking psychologist couldn’t speak with our son, but wrote areport based on ungrounded insinuations. When later a Russian-speakingpsychologist appeared he translated him that report but told that it isimpossible now to dispute what the Israeli wrote.
When our son was in the military prison severe humiliations were committedover him. All the violations of the rules and of the moral norms in hiscase were too innumerable to mention them. During his imprisonment ourson was transformed from a healthy person to a mentally ill boy. When hewas released from the military prison (he was in the prison more then 3months; no charges were posed against him, no court took place) the militarymedical committee recognized him as a mentally ill person. When he wasjust imprisoned he was recognized as a fully healthy person suitable tothe military service.He received some treatment here, in Canada, and theimmigration board know it. We did everything we could to release our sonfrom the military prison. But the civil lawyers refused to take his caseas soon as they heard about the conflict with the army. Some of them assaultedus refusing to take the case.We demanded a military lawyer but the militarycommandature in Jaffo denied us a military lawyer. We turned to all thepossible places like Israel Bar Association, human rights organizations,Sharansky’s Zionist Forum, Israel and foreign media, state officials: nobodycouldn’t or didn’t want to help us. Then we decided to send a letter toAmnesty International. A friend of us - a dissident and a journalist LevG. - has contacted Amnesty International and later submitted several faxesto them. When the authorities realized that we complained to Amnesty Internationalthey released our son from the military prison.
We couldn’t live in Israel any more after what happened to us and to ourson there, and also because we were afraid that our son can be arrestedagain if we will stay in Israel. The only reasonable solution for us wasto escape. And the only way to do it was to become refugee claimants. Weflied to Montreal in November, 1994.
We have submitted all the documentary proof we had to support our claimto the immigration board (committee). We also
sincerely described what happened to us in our claim's atory without anydistortion or exaggeration. But what happened to
us in the immigration courtroom and between and after our 2 hearings isjust incredible...
Why We Think Our Human Rights Were Violated By theCourt? 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 (ifnot - they might be an obstacle to what the judges incriminated us).
3) Other documents (including Amnesty International's confirmation of ourcomplain) were mentioned as incomplete proof of particular events, whenin reality they were given to support other events. In the same time documentswhich relate to these events were ignored.
4) The same way our words were ignored, too. For example, I was asked aninsinuating question. My answer closed that question by a clear and unbeatableconterargument. So, what then? Then the same insinuation was repeated -but this time in an affirmative form: As if I said nothing. The same questioncould be given 2, 3, 5 times non-stop. If I gave the same answer againand again they shouted on me, used threats, aggression, incredible accusationsto force me to change my answer. It’s clear that such a method violatesmoral and legal norms - and any hesitation by a refugee claimant undersuch an illegal psychological pressure can not be taken into consideration.
5) Too often they questioned us giving us no rights to response. They shutedus down replacing our eventual answer by their own - and later based theirconclusions not on our answers but on their own statement posing it asour - not their - words.
6) It was repeated again and again that they doubt about our rights toappeal (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 normsof democracy or by my aproval of the democracy laws. It is absolutely clearthat our case was treated not according to Canadians laws but accordingto the rules and norms of Israel since - in the judges' eyes - we belongnot to Canadien but to Israeli jurisdiction. This position - neither beingordered to the bord or being the product of the board itself - made thecourtroom a part of Israel's territory.
8)The procedure of our immigration hearing wasn’t an investigation in ourcase but a pure pro-Israel’s propaganda. It’s goal wasn’t to detect whetheror not our claim for refugee status is justified but to defend the imageof Israel as a “good” country in an imprudent and abusing form. The depersonalizationof 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 thevery fact that we came from Israel. But the only admissible attitude torefugees is to base the decision on what happened to them personally, noton which country they flied.
9)The members of the board expressed their detestation of the human rightsdefense and verbally denied (directly or indirectly) a number of recognizedhuman rights.
10)Sending requests to Israeli embassy and demanding some definite informationabout us, the immigration officer violated another moral and judicial principle:Not to announce his claim to the government of a country a refugee claimantescaped from.
11)Reading Amnesty International's and other reports the immigration officerdistorted and sometimes falsified the documents.
12) Documents submitted by the Israeli government, by it’s dependents orby it’s embassy were considered as absolutely reliable and were voluntarilyrepresented by the tribunal as non-debatable. In the same time documentsthat were represented by our lawyer (or our documents) - newspapers, statements,declarations, and so on - weren’t treated as equal to Israeli propagandapapers. More then that: At least our documents were completely ignored:As if they never existed. In the same time the documentation presentedby Israeli government can’t be treated as an arbitrary source: BecauseIsrael is involved. Meanwhile a number of our documents may be consideredas 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 onething to defend her position during our hearing and claimed the contraryduring the hearing in G. family case (our cases are related, and G. wascalled 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 situationin Israel and so on; 7) her behavier towards us and G. family was so incrediblyagressive as if she had a personal reason to punish us, or to exterminateus.
14) A 'yes" or "no" answer was demanded in situations whenit was clear that such an answer is absolutely impossible. Demanding "yes"or "no" answer only they justified their decision not let usspeak.
15) Despite our son’s mental illness and the evidence that he can not beasked the immigration officer asked him various questions in an aggressivemanner. We understood that questions which she asked him were nothing morethen a pure humiliation.
16) Requests which the immigration officer has submitted to Israel weren'tjustified or necessary.
Outside The Courtroom:
1) Our lawyer's translator did our story translation in an provocativeand humiliated manner. She has chosen the declarative style instead ofa description intentionally: to make our story sound ridiculous. She alsosabotaged G.'s family story.
When they came to Montreal G. put everything that happened to his familyin Israel in writing and gave that piece of paper to the translator. Shesabotaged the translation distorting the sense of his story, insertingher own inventions and sentences which sounded like provocations. He demandeda 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 herFrench version. So, she did it to smoothen the distortions and to preventG. from complaining. We have also other proofs of her sabotage.
2) She sabotaged the translations of newspaper’s articles as well. Fromone hand she exaggerated a number of descriptions of persecutions againstRussian-speaking people “to do us a favor” (We think her goal was to discreditthese articles). But on the other hand she excluded the most importantparagraphs in her translation and gave the opposite meaning to the mostimportant facts and conclusions.
3) The translator also sabotaged the translation of some official papersand other documents which we and G. prepared to support our claims. Shetold us that she has translated some of them and that she would find atranslator from Hebrew -but it was a lie. If not our complains to the lawyerand an alert note we gave to him: No documents were translated.
4)We believe that a conspiracy between the immigration board and the translatortook place. She was given an order to insert some particular phrases inG. story which he didn't want to see there. Later, in the courtroom, thesephrases were used against him. These phrases were taken from articles hewrote before we escaped from Israel. Among them were the articles whichG. hasn't presented to her or to our lawyer when she was doing the translationof his story. The members of the immigration board have exploited thesephrases again and again: What leads to a suggestion that it wasn't occasionally.
6) There is a visible connection between the immigration officer - andMr.Mark Kotlarsky, who lives in Israel. This gentlemen is an informer anda provocateur for Israeli authorities. He wrote an article about G. in1994, in Israel. This article was written in a humiliated and sarcasticmanner. Mr.Kotlarsky used the information which G. shared with him (aswith his close friend ) against him. This article is outright slander,mystification, false insinuations and lie.. Before G. discovered that MarkKotlarsky is the government agent he told him some things which G. nevertold to any other person. But during our immigration hearing and duringthe hearing of family G. these things were used by the immigration officeragainst us. We have no other explanation but that she’s in a contact withMr.Kotlarsky.
7) Then, we have a reliable source of information which says that the immigrationofficer, 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 pretensionsto demand you to believe in that. From the other hand if the immigrationofficer 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 certificateand it’s legal translation to our lawyer. Dispute the submission of thatlegal translation the lawyer's translator did her own translation. Nowwe discovered that she sabotaged (“refused”) to translate his wife’s parents’nationality. There is a clear connection between that sabotage and theimmigration officer’s tactics in that issue.
The immigration court decision came to us at the 14of December, 1996.
The denial of our claim for a refugee statusdoesn’t reflects what really happened during our immigration hearings andhas almost no connection with our claim. It is a masterpiece of rhetoricand profanation. This document is a next proof that an only decisive voicein 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” negativedecision reflects her style and based on her words exclusively: Her declarationsshe made during our hearings are reflected in this document pretty good.But this document ignore our answers completely: As if we kept silenceall the time. When in reality some of our counterarguments completely discreditedher insinuations. Nothing what the judges said during our immigration hearingis reflected in the immigration board decision, what means that the decisionto deny our claim was made by the immigration officer only (without thejudges) when according to the rules she has no decisive voice but onlya consultative voice.
The denial’s text is much the declaration about Israel then a statementof an immigration committee. It based on an acsioma that Israel is a democraticstate (society). Such a declaration lays beyond the juridical matter: Becausethere is not in jurisdiction of an immigration board to decide which stateis a democracy and which is not. This is a privilege of an academic institutionbut not of an executive board. Then it is an act of injustice to declarethat Israel is a democracy in an imperative manner giving the refugee claimantsno possibility to present their view and their counterarguments. It isclear from what was discussed during our immigration hearings that Israelhas almost nothing in common with democracy. A permission to leave thecountry, an indication of nationality and the country of origin in specialenternal 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’snot, an imprisonment for months without an official accusation: All theseand 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 Canadabut 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 journalistand the human righta activist did everything that was possible to helpus.He presented tenth of receipts of his complains to various ministriesand organizations including the Ministry of Police, the Ministry of internalaffairs and police, which were unanswered, to the immigration committee.The sad truth is that the committee just ignores everything. And recognizeonly the ungrounded Israel’s declarations. And the immigration officer- a person who sends faxes to Israeli embassy, obtains documents there;inother words who’s in tight connection with Israelis - is the only personwho has a decidable voice in the refugees from Israel cases… Isn’t thatsad?! We can not go back to Israelunder no condition, because 1) my husband and my son may be arrested bythe militaries and imprisoned. I expressed my grounded fears about thatduring the hearings - and I can widen them now. 2) How can we go back toIsrael if the immigration officer informed the Israelis about our refugeeclaim? In Israel where the ideology and the patriotic education play avery important role we will be considered as “traitors” and will be persecutedfor that, too. 3) Persecutions against us in Israel were so strong thatif 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 Israelpeople who are given that “profile” can not study, and nobody will employmy son with such a “profile”. 5) After all the persecutions we faced inIsrael we feel fear - and we are afraid to go back; our fear, our psychologicaltremor towards Israel are so strong that there is impossible for us tolive 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 inG. case) have nothing in common with any legal procedure. They rather remineof an incuisition court or a secret political tribunal. This tribunal wasarranged to punish us for flieding Israel and G. - for his ideologicalviews - not to decide whether or not our (ours and G. family's) claim fora refugee status is justified. It was used for the political purposes:To “show” how just any information about human rights violations in Israelwhich not concerns Arabs can be calmed down - and to express a huge pro-Israelpropaganda. They made clear that they treat our escape from Israel as amutiny and will never admit the very fact that we are in Canada, in Quebec,not in Israel. Their words, their behavior - everything - was meant toshow us that we could only deserve to be treated according to the Canadianrules after getting a refugee status. Before that we don’t deserve to betreated by Canadian rules. That’s why we were treated according to therules and norms of Israel!!! It hard to find a more violative ritual ofhumiliations over the juridical norms then that… It is absolutely clearfor the judges - as well as for ourselves - that we were severely persecutedin Israel, that all members of our family were severely abused and thatthe definite casualties were inflicted to our health, including our son.It is also absolutely clear to the judges that the deportation back toIsrael is a death penalty for all members of our family. The tricky thingis that the immigration board expressed almost no doubt about persecutionswe 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, thisis not even a tribunal, but a brutal act of a vengeance.
* * *
The court's negative decision (resume) was made and expressed in an inappropriatemanner without any clear connection to our real case. The decision wasclearly made by the immigration officer, not by the judges. She is an Israelipatriot and she hates the Russian-speaking people. Everything what is expressedin the decision document is basicly a lie. The text of that document ispolitically motivated and juridically illegal. This is just the next stageof 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
e-mail address: leog@colba.nettelephone number: (514) 845-8216address: Ludmila Metelnitsky, 3440 Durocher Str., Apt.1602, Montreal,Quebec, H2X 2E2, CANADAWEB Pages Related To Our Claim: http://www.colba.net/~leog/newspaper/araven.html
http://www.colba.net./~leog/newspaper/to_all.htm
http://www.colba.net/~leog/human_freedom.html(seek the text after the links)