Lev Gunin. Open letter to Canadian goverment From Lev GUNIN Lev GUNIN 3455 rue Aylmer, app. 201 Montreal, QUEBEC H2X 2B5 Tel. (514) 499-1294 [leog@total.net] Dear Sir, Lady! We need an urgent help regarding incredible violations of our human rights. Please, inform us - if you can, - 1) what we can do, 2) where to turn, 3) what tools we could use to fight this outrage injustice. The latest developments in our situation brought us not only on a verge of a complete financial and social devastation but even more worse... We have fears for our lives because our persecutors want to put us down for any cost. They demonstrated capability to destroy just anything in us (health, etc.). We believe that our situation is extremely alarming. We're begging you to disregard some emotional perturbations, which might be erupting in this appeal. However, emotional disturbances could be understood on top of the incomparable pressure. Please, help! You'll find a short description of our tremendously huge (long) story here below. I am a human-rights activist, journalist and historian with numerous publications. My views and humanitarian activities made me a target for persecutions in ex-USSR and - then - in another country, where I was taken together with my family against my will after we were forced to leave our native Belarus. I deeply believe that my family, and me - we came to Canada because we were concerned about our lives. Our refugee claim was refused under exceptional circumstances and with a totally partial attitude. Decision in our case was unfair, inhuman and unjust. It was a pure political decision without even a slight connection with anything else. While hearing and proceeding our refugee claim Immigration officials have used all possible (and impossible) illegal methods, abuse of justice and human rights. On top of undeniable persecutions, an obvious fact that we had no place where to go and tons of our documentary proof justice was denied to us in many outraged ways. We have appealed the decision, but in the Federal court the IRB's defender - emphasizing security questions and other unconventional tricks - literally forced the Court to close our case. During our refugee hearings the IRB's judge Mr. Boiron said that we could face the same persecutions, which had before, in Canada as well. It was a threat. And now that threat is becoming a reality. This part was written before October 27 and included into the letter to the Minister of Immigration, which was submitted to the Minister before October 27. More then 6 years we were in a limbo, in administrative mayhem and ultra-vulnerable state. That continued damaging our mental and physical health, social and professional status, and chances to regain our professional domain and return to normal life. Each routine immigration procedure, extension of the employment or student authorization, etc. turned into a mockery and humiliation. We must fight for every thing, which has to be proceeded automatically! In the same time we highly appreciate that in spite of everything we were granted the landed immigrant status in response to our humanitarian appeal 1 (one) year ago. Then we were given the Certificat de selectione du Quebec: more then eight (8) months ago. Humiliations, sabotage of employment and student authorizations, unnecessary expensive medical exams, which we were forced to do because Immigration has pretended that lost our medical data, and so on - made our life unbearable. On top of that we were worried that the permanent residency papers might never be given to us in spite of the positive decision. More time passed since we received the Certificat de selectione du Quebec, more concern we were. When I called Immigration asking when to expect our landed immigrants papers, I was told twice that our case is frozen because of my mother's situation. According to Immigration Law my mother's case has nothing to do with our case. Probably that's why when I called Immigration the third time I was given another excuse: we received nothing yet because of the security (background) check. However, they could not tell us if the demand to reveal the police clearings was submitted to the country of our last residency. They could not tell if they still had special formularies signed by my wife, and me (which were submitted by us together with our humanitarian appeal) or they lost them (and then never even started to proceed with the security check). Then (the third time!) when I called Immigration the next (totally the forth) time I was told again that we can not receive our papers because of my mother's "unfinished medical tests"! It happened on October 23, 2000. I know that an unauthorized recording is not a juridical proof. However, I've recorded the Immigration's verbal response that our case could not be proceeded until my mother finishes her medical exams. All that convinced me that my case still has something to do with my mother's case... Now you have more information to understand why there is an impression that my mother is maltreated (even persecuted) by Immigration because of who I am. The same call to Immigration on October 23 revealed 2 things. One was that my mother's file was still combined with our file in Immigration's computer. Another one was that all police clearings for us arrived to Immigration (October 17), our case was "finished" - and now we should "receive the papers". I was promised that my mother's data would be separated from ours. However, on October 26 Immigration wrote us a letter ordering that my daughter Marta and me should undergo the medical examinations. But six (6!) months ago - when I was demanding Immigration to allow me and my family members pass the medical examinations by initiating an appropriate decision with a proper letter and forms (Med1A.doc) submission - I was denied it. By then Immigration argued that only my wife must undergo medical examinations, and submitted a medical form (February 2000) for my wife only, omitting my daughters and me. They just reserved the medical examinations as the next excuse for further delay in future in our file proceeding. And again: now (November 26, 2000) they did not send us the form for my older daughter's medical exams. This is obviously another tool for sabotaging our case in the future. Knowing what my mother experienced with her "medical clearings" (read further) - one can suggest that Immigration will do everything to extend our medical exams for many months by various bureaucratic tricks and excuses. By then my wife's medical exams will expire, and she'll have to do them again! Then Immigration could tell that now my older daughter, Ina, must undergo the medical exams. Theoretically, they can sabotage our case for eternity refusing us the landed immigrants' papers forever; in the same time making our life vulnerable, unbearable and miserable. The next part is modified extract form a letter written on November 1, 2000. The date of the issuing us the order to go through the medical exams (October 26) was obviously a message. When we received this order - it was near the date of my wife's - and my own birthday (November the 2-nd and 3-rd). We knew of Immigration's bureaucratic sadistic satisfaction to submit deportation orders and other sharp decisions dedicating them to a person's birthday. A number of our friends used to receive deportation orders on their birthday date. We know also of Immigration officials' love to other symbolic gestures as well. It means that the current medical exams promised troubles. This part was written on October 30-31 and included into the letter to the Minister of Immigration, which was submitted to the Minister on October 31. Another concern is the style and identification of above mentioned Immigration's letter from October 26, 2000. This letter mentioned our case as if we just have submitted the humanitarian appeal application, as it was before the positive decision was made in our appeal (and given to us). The letter was signed by Jeanne D'Arc without any indication who she is, but the only remark: "for: Immigration Counsellor". (And again - without any indication who is this Immigration Counselor and what he/she doing at Immigration). I would like to express my deep concern about Immigration's anonymous telephone calls (it is always a "private call" indication on my ID call display when they calling). It is also disturbs us that the decisions like not to send all of us the applications for medical exams were taken not at the local Montreal center but at Ottawa, which means that we have a "special treatment". This part was written on November 1. Because there was nothing we could do - I took my daughter Marta and we went through medical examination, which was done by doctor Giannakis. It was on October 31 2000. He told me that he found nothing to be concerned about. He told us that everything is going to be OK. The same day my daughter Marta did a x-ray test. At the end of the same day I have submitted a complaint to the Minister of Immigration, honorable Madame Eleonore Kaplan. The letter to the Minister included such a phrase: "Knowing what my mother experienced with her "medical clearings" (read further) - one can suggest that Immigration will do everything to extend our medical exams for many months by various bureaucratic tricks and excuses." That very day after 5 p.m. (I think so) I received an anonymous call - as I was told (and I believe it) - from Immigration. A man told me that I might be punished for misconduct for not doing ordered by Immigration x-ray test and refusing the medical treatment. It was so ridiculous that I even did not ask what treatment. However, I've connected this call with my letter to the Minister of Immigration. (I remember that once (a couple of years before) a stranger approached me in a bus and warned me not to send an appeal to the Federal court: because it useless. He told me that they could make my life completely miserable anyway. He told me that he's speaking on behalf of Immigration - and for proving it told me my immigration file number. I quickly wrote it down. When I came home I was shocked that the number he gave me really matches my immigration ID). This part was written on November 3-6. The next day, November the 1-st, I did a x-ray test at the same hospital as Marta - at Montreal Chest Institute. I was told that everything is in norm and there is nothing to worry about. The next day - November 2-nd 2000 - I received an anonymous ("private call" indication on my ID caller display) telephone call from the consulate of the country we used to claim a refugee status from more then 6 years ago. Because I recognized the person's voice (I spoke to her before) and her manner of speaking, and because of other things I know that the call was really from the consulate. I was told that our police clearings came - and we can pick them up or they can even send them by post with some formalities. However, 15 minutes later, she called again and told that I must give them Immigration's address and my file number to enable them submission of police clearings to Immigration. It was a "special treatment", because I know many other people, who were allowed to pick up their police clearings. I understood indirectly from what she was saying that nobody ever requested police clearings for us before, what means that Immigration probably misinformed me about the police clearing arrival. On November 6 2000, another letter, with the McGill University Health Center and Montreal Chest Institute logos, arrived. Addressing to me the letter said: "The Canadian Department of Immigration has notified the Infectious Disease Unit that your chest x-ray shows signs of having a possible tuberculosis infection. By Immigration law you are requested to report for evaluation of this problem". This anonymous letter (anonymous because it wasn't sign and no names/telephone numbers were given to call in case of necessity) ordered me to become a patient of the Infectious Disease Unit. It demanded to be prepared paying up to five hundreds dollars - and sign a special legal document: a constat for infected by infectious diseases non-residents of Canada. Because I have expected something like that and considered such a letter as a tremendous violation of human rights, I have prepared a letter, which I am planning to submit to Montreal Chest Institute tomorrow, November 07, 2000. Here is its text: (The letter was submitted on November 09; below you can find a modified version (November 12-14), which was submitted to the same destination on November 15 - and will be also submitted to the complaint board of Immigration Canada soon). Lev GUNIN 3455 rue Aylmer, app. 201 Montreal, QUEBEC H2X 2B5Tel. (514) 499-1294 From Lev GUNIN to anonymous person, author of the letter (the copy of the letter is enclosed). Montreal Chest Institute 3666 St-Urbain Montreal, QUEBECH2X 2P4 Sir or Lady! Please, forward this letter to an appropriate Immigration department, which you mentioned on page 1 of your letter. First of all, any suggestions that I could be infected by tuberculosis were absolutely ridiculous. I had some other suggestions, but later a medical doctor I spoke to - as well as my legal advisers - told me that the only answer of what happened is that Immigration might just make a false report on my x-ray. Besides, a x-ray could not determine whether or not any of such shadow means tuberculosis, or simply any kind of pneumonia, bronchitis, or a combination (see medical books). Any conclusions based on only one x-ray are ridiculous, partial, and prejudicial. In modern time - when there are so many flu infections accompanied by pneumonic consequences (side effects) - such conclusions are a complete nonsense. It is obvious that your decision to attach me to the Infectious Disease Unit before you have a 100 percent proof of any tuberculosis infection and initiate an appropriate legal procedure was a drastic misconduct. The only admissible way to handle the situation was (before sending me to the Infectious Disease Unit) 1) to request a second opinion in existing x-ray 2) to send me a letter for my physician for another x-ray. On November 14 I did another x-ray. It revealed that there is no any suspicious shadow, no abnormalities - and (as my medical advisers told) could not be 2 weeks before, especially tuberculosis-like shadows. Was my x-ray photo (a negative) replaced by somebody else's or Immigration just falsified the reading of my x-rays, - I do not know. But that all is a subject of a criminal investigation. Because I am depressed, I did not notice that the Montreal Chest Institute belongs to Royal Victoria Hospital, an institution I had several formal conflicts with. Somebody from the hospital's administration used to submit me an offensive number of requests for donation to the hospital even after I have sent a note that by then was on welfare. The hospital's administration also did an attempt to extort money from me for services, which were covered by Medicare. In that hospital I heard several times that people like me are "illegal in Canada and should not be given medical help "for the cost of Canadians". Then I was treated by negligence at the emergency room, then - it was a medical misconduct over my CSST claim. A number of legal and medical violations used to take place there. And in all such minor incidents immigration matters or even Immigration itself were involved. One of immigration specialists advised me not to turn to Royal Victoria because that hospital is "enormously influenced by Immigration". Eventually it is possible that doctor Giannakis had sent me for x-ray not to "La Cite" - as my mom and my wife, - or another medical institution but to Montreal Chest Institute because he received an order (not a request but an order, which he could not disobey as an Immigration representative) from Immigration to do so. By this letter I declare that I am considering your way of handling the situation dangerously offensive and depriving me of my constitutional rights because of the above mentioned as well as the next reasons: FIRST, I will DISREGARD any anonymous letters like your present one until a letter from you would be signed, addressed from a real person with his/her clear name and telephone number. SECOND, you have no legal rights to treat me as a contagious carrier until an undeniable medical proof is established. THIRD, by sending me to the Infectious Disease Unit you may expose me to contacts with real infected carriers. FOURTH, you are not a police, Immigration, secret police or death squads to a) act secretly-anonymously refusing to sign your letter, b) to write me anything like "by Immigration law, you are requested (...)". Since you are not immigration layers or Immigration officials, you are forbidden to judge in a case like mine what Immigration law requires. Such a statement in a case like mine must be submitted only directly from Immigration. If you are part of Immigration (officially) - then my rights were violated when I wasn't informed about that before doing the x-ray at your unit. FIFTH, my legal advisors, and me, we are confident that you have no legal rights to deprive me of choosing between medical institutions for medical tests or evaluation. You can not bring me to do a test or an evaluation exclusively in your institution by a forceful order. This will violate my basic human rights. Even KGB had no official rights to oblige anybody who was not an imprisoned suspect or convinced criminal to do a medical evaluation without some sort of choice. SIXTH, I would ask Immigration to allow me do another x-ray before doing anything else. SEVENTH, evaluating my case, some human rights activists think that somebody at Immigration is so furious, so angry about me and that such an outraged criminal misconduct was demonstrated in my case that Immigration is eventually ready to do any damage to my health through blood, e-ray tests or sadistic bureaucratic humiliations. EIGHTH, I think that the most realistic explanations of an eventual abnormality, which could be seen on the x-ray picture, were: 1) eventual shadow from the underwear, which I did not remove from on beneath of the hospital robe, and the robe itself, which I've putted on in a wrong way 2) a dust spot or another kind of essence on the hospital robe 3) traces of somehow inhaled gas different from air NINTH, before doing the e-ray I received a strange call from Immigration, through which I was accused of refusing a "medical treatment". TENTH, your medical ethics should not allow you to send me to the Infectious Disease Unit before making your own medical conclusions based not on Immigration's rapport but of your own evaluation of my x-ray test result. ELEVENTH, my legal advisors have told me that I have rights to ask for a possibility to discuss my x-ray result with any of your medical institution specialists dedicated to such evaluations before going further. It is you (on behalf of Immigration or not - it is does not matter) who are sending me to Infectious Disease Unit. Because you are sending me to such a unit, you can not deny me such a discussion. I would like to see the x-ray original, which was made in your institution on November 1 2000 - and also show it to my medical advisors. TWELVETH, I prefer not to go through further tests or evaluations in immigration matters (for medical purposes - it's different) at your institution. Yours truly, Lev GUNIN November 2000Montreal On November 06 2000 I have sent a letter to the Minister of Immigration again because I did not receive any confirmation that my previous letter was received at her office. However, I did not mention the last developments with the x-ray: because by that time I did not check my post yet. That's why in the letter to the Minister I told that I have no intentions to go public yet, when what happened now is so incredible that changes everything. As known already from the letter, on November 14 I went to an ordinary X-ray laboratory and did a x-ray, which was absolutely in norm. Even a slightest possibility that something could be abnormal did not existed. There were no any shadows or concerns about any abnormality. Lungs (both sides) were absolutely clear. It was just another proof that Immigration went too far! However, they did a lot of damage to my health because I was concerned about my health and about what might be done to me. This part was written on November 17 2000. On November 17 I was called by CDL MED LAB and told that I must pay for a blood test for syphilis, which they pretended I used to do for Dr. Giannakis on October 31 2000 at their site. They submitted me a receipt by fax, which says that I did such a test. However, I never did that test and even never went to CDL MED LAB. I think that right now the immigration matters have finished - and the subject of criminal investigation appeared. Any further complaints or demands on immigration level would be useless because criminal methods are used now against us by Immigration. I would like to make the main point: that the rights of our children are severely violated. This is the seventh year they live in Canada (and never left the country since 1994) without the status of residents. Their very basic, essential rights, and everyday life are affected! If you are a mother and/or a grandmother yourself, please, try to imagine your own children on our children's place and understand how they must suffer! If what my advisors told me is true, this situation also violates international standards and Canadian laws: because children should not be deprived the landed immigrants status after 5 years in the country and should not be left completely without any citizenship/residency papers. Because another aggravation is that our children have no passports or even travel documents of any state. Anyway - ungrounded and illegal bureaucratic policy to keep us further in a limbo, in the frames of social, financial, professional, and legal devastation and deprivation is inadmissible. P.S. Supplementary information on November 09 2000. Nov. 8 2000 my wife was approached by 2 people (you can call them "employers" or "potential employers") from whom we depend - less or more, both Canadian citizens, one - a born Canadian. They told her that I must close my web sites, and stop criticizing human rights violation of the Russian speaking people in the country we claimed a refugee status from. I was also told by an anonymous caller that if I will not stop my human rights activity, medical examinations for Immigration could became mortal for me. - L. G. Below you'll find a text, which appeared from discussions with my mother and describes what happened to her. Lev GUNIN Short description of the latest developments in my mother's case: In November 1998 she has married a Canadian citizen. It had nothing to do with her immigration or refugee case. However, Immigration's officials continued to treat her as if she still was a refugee - and considered her marriage as an extension of her refugee claim (in spite that there was no evidence for that. They somehow linked her immigration case with her son's case, when in reality since his Humanitarian appeal and her marriage they do not have a common case any more. Here what happened: In November (23) 1999 my mother's marriage interview took place at Immigration. We'll rather skip the description of all outraged tricks and violations, which Immigration agent, Mrs. Helene ROY, committed to refuse the recognition of her marriage. What happened during the interview was already described in complaints to Immigration and to Immigration's Medical Committee. Madame ROY's partiality was not just manifested indirectly - it was visual! I want to emphasize on two main events: 1.Initial negative decision in writing - which M-me ROY later replaced by another one. 2.M-me ROY's intervention in the competency of the Medical Committee and prejudge of the Medical Committee decision. The decision M-me ROY prepared was next: she did not recognize my mother's marriage because of the "concerns about her health". (The copy of this document might be enclosed). When I called her and asked her to add conditions to enable a possibility to appeal to the Federal court, M-me ROY rapidly changed her decision and asked us to appear to pick up another paper. She took from us away her previous decision and gave us another document, which copy could be enclosed. We also found out that the first initial (negative) decision was based on demanded by M-me ROY doctor's Wanda BRZEZINSKA medical rapport. On request of M-me ROY, dr. BRZEZINSKA, my mother's only physician since we came to Montreal till the time of the interview, wrote that she has a risk of a cardiac and kidney insufficiency. In our opinion and according to our consultants' opinion any decision based on medical matters was not in authority of M-me ROY because she's not a medical doctor and had no legal rights to intervene in medical matters. Doctor BRZEZINSKA made a false statement in favor of M-me ROY, which did not corresponding to the truth. The truth is that my mother was never referred by doctor BRZEZINSKA to any cardiologist as well as she was never sent to do any serious cardiology exams, which required in case of grave cardiac complications. Doctor BRZEZINSKA never prescribed her any medication related to heart disease. She never told my mother or me that my mother has a bad heart. The same is corresponding to another doctor's BRZEZINSKA statement about kidney complication. When my mother asked her "did you find anything wrong with my health", she used to tell me that my health is normal for my age... According to our immigration consultants, immigration rules and regulations saying that only actual, not potential, diseases should be Immigration's concern. Theoretically every person, even the most healthy, could develop any terminal disease - and will develop: because everybody dies. An excuse to refuse the landed immigrant status on ground of a "potential danger of developing a terminal disease" is ridiculous and becomes a ground of discrimination, partiality and abuse. By exceeding her authority Mrs. Roy intervened in Immigration's medical division's (Immigration Medical Services) affairs artificially creating medical division's partial attitude. My mother knows that she's hypochondriac and easy suggestible but can not control herself. Both Mrs. Brzezinska and Mrs. Roy knew about it and attempted to affect my mother's health through their actions. In telephone conversation with Mrs. Roy before the marriage interview (she called me) I warned her that "my mother could overreact - and could have a heart attack or a stroke in case of it". It was clear that Mrs. Roy deliberately misused that information to damage my mother's health. I believe that she was planning in advance to replace initial negative decision paper by a positive one. It was only a farce, which goal was to put my mother under a stress damaging her health as much as possible. My mother confessed when we were preparing an unsent complaint: "When my son explained me the meaning of Mrs. Roy's first negative paper, I started to cry, my heart wildly pumped in my chest, I could not breath. I felt destroyed and sick. I have not doubt that it did a lot of damage to my health. It took me some time to recover from shock and desperation. Then I passed through required by Immigration medical examinations. Doctor Giannakis, who did the tests, said that there no concerns about my health. Urine and blood tests were in norm. Only when I went to do the chest x-ray a sort of misunderstanding accrued: because I could not understand the command - when I had to breathe. My son demanded to repeat the x-ray. Then we were surrounded by personnel's hostile behavior - and my son was told that Immigration already contacted them in impatience". In January 2000, a ruling from Immigration's medical committee (Immigration Medical Services) arrived ordering my mother to do additional tests: strum creatinine (blood test) and echocardiogram. It (the ruling) was completely unreasonable, ungrounded and outraged. The "strum creatinine" test (testing the kidney function) was already done during medical exams performed by Dr. Giannakis for Immigration. That test was in norm. Dr. Giannakis conducted a very careful exam - and did not find any serious health problems. Nobody would believe that the ruling's real goal was not to affect and destroy my mother's health. This decision was to expose her to additional stresses and turmoils. Immigration's suspension of my mother's case under the excuse of medical "concerns" was putting her in a limbo, devastating her financial, social, and personal situation, and demanding abnormal expenses, organizational and other tasks. It's putting her in an extreme hardship. Almost five years we were under permanent threat of deportation. Our fear to be send back to a country (where we never wanted to go and were taken by force, facing severe persecutions there) of last residency was so strong that we had suicidal intentions. That everyday fear has destroyed our health and devastated our lives. Because of that and many other situational, administrative, psychological, and etc. troubles and inconveniences, related to more then six years in a limbo and intensive Immigration's pressure, we are destroyed, our lives are already ruined! Here is another my mother's confession: "When I received the first medical committee (Immigration Medical Services) ruling I was in a shock. I could not sleep two weeks, my hands have been shaking, and I was in a panic. It is possible that together with Mrs. Roy's actions that unfair and ungrounded ruling did an irreversible damage to my health. I believe that it was their goal. Don't ask me why. If this was not their pure sadistic pathology then they might want to destroy me because of my refugee claim back in 1994 or to punish me for my son's human rights activism and journalism". It was also outraged that Immigration's officials stopped to sign their official letters or give their names. There is no proper Immigration's logo, any special paper, anything to tell you that this is not a fraud or joke... When Immigration calls you there is a "private call" indication! The use of secret anonymous judges/officers rulings is a feature of totalitarian governments. It goes against everything countries like Canada stands for. People here have the right to know who judged against them and to be given an opportunity to rebut it. My mother had again financial, administrative, and other hardship and pressure to make unfairly ordered by Immigration tests. Maybe Immigration officials were right in their suggestions and the tests revealed it? No, it was the opposite! The strum creatinine test was normal again, and the echocardiogram only reflected some anatomical abnormalities, known before, but nothing extremely bad or serious. My mother was told by two medical doctors that she can even work with such a cardiogram. The doctor who did the test told me that the cardiogram revealed some abnormalities, and they have anatomical, not pathological, nature. However, instead of proceeding my mother's documents they submitted her (June 30, 2000 - but the supplement for the doctor was dated the 28 of June) another illogical and ridiculous demand to send them what during her "last visit to cardiologist" was found. She never have visited a cardiologist! She had nothing to send them! She went to Dr. Giannakis again. He sent her to Dr. Gordon Creenstein, a known authority in cardiology, who examined my mother and told her the same: that augmentations have the anatomical nature and that it is not pathology. He submitted his rapport on 27 July 2000. Any impartial observer can see that both kidney and heart "chapters" in that story were closed now. However, it was not enough for Immigration. On September 2000 Immigration's medical department made another ruling. They ordered my mom to have another urine test and then visit an urologist. She did the test immediately - and the visit to urologist was scheduled for November 2000. Even this did not satisfied Immigration! On September 19 2000 she received an outraged letter from another Immigration officer, which demanded from her a statement how she obeyed the last Immigration's order, and accused her of postponing and sabotaging the procedure. It was signed by L. Cawchesne. Meanwhile Dr. Giannakis called Immigration's Medical Serviced department telling them that they had no reason for demanding a visit to an urologist: because there was nothing abnormal in her urine test. They had no choice but to agree with him. He called my mom and told that he cancelled the appointment to urologist because Immigration's medical division has finished working with her file - and informed the immigration officer that they have no medical concerns about her any more. However, Immigration still did not make any decision, refusing to close my mother's file and submit her the landed immigrant papers. Now they have no reasons at all, no even excuses or any explanation. When one of her immigration counselors called Immigration, she was answered that no decision will be made until the police clearing arrive. But my mom was never told to obtain the police clearing; besides, people in her age never asked to present any police clearing. She has also submitted signed by her formal request for police clearing, we think, two years ago. What was done with it then? Then her another immigration counselor contact Immigration. They spoke to her in a rude manner, and denied any conversation. Demands in family GUNINS case: 1.We need a clear answer in writing if Immigration received our police clearings. And if not - a) why; b) what was done with the forms of authorization for police clearings, signed by me and my wife and submitted to Immigration 1 year ago; c) what must be done now. 2. If the medical exams were affirmatively required for all family members - why Immigration did not send the proper forms (MED1A) for all family members six months ago (we need a clear answer). We also need an assurance in writing that Ina will not be required to go through immigration medical examination. 3. We would like any other artificial delays in our case proceeding to be stopped and to guarantee that our children will not be deprived of the landed immigrants status any more. 4. We must be given the status of landed immigrants immediately, otherwise Immigration officials are going to destroy us. If there is an Immigration concern about me and my human rights activity - why then torment my family? They could delay a status for me but give it to my family members. 5. A criminal investigation must be initiated on the manipulation of the medical data. Demands in Elisabetha GUNIN (Epstein) case: There is only one demand: she must be given her landed immigrant papers immediately and unconditionally. If we'll not hear from you in two weeks this letter automatically becomes an open letter. And we'll assure you that we are ready for anything to regain our normal life because the present situation is unbearable. Yours truly, Lev GUNIN November 14 2000 From Russian Writers to Canadian Government An open letter (Вольный русский перевод ниже, под английской версией) Prime Minister Jean Chretiene Minister of Immigration Eleonor Kaplan Citizenship and Immigration Canada Jean Edmonds Tower South 365 Laurier Avenue West Ottawa, Ontario K1A 1L1 caplan.e@parl.gc.ca NDP Leader Alexa McDonough 6206 Quinpool Road Halifax, NS B3L 1A3 Phone: (902) 422-8826 alexa2000@ns.sympatico.ca Canadian Human Rights Committee - Commission canadienne des droits de la personne - rйgion de Quйbec Mrs. Diane Fecteau Regional Director 1253 McGill College, # 470 Montreal, Qc H3B 2Y5 From Russian Writers to Canadian Government An open letter We want to express our deep concern by the situation of our colleague, Lev GUNIN, persecuted by Canadian Federal Immigration. We are deeply concerned by the methods, which are used by Immigration. Secrecy, impunity, sadistic approach, usage of psychological tortures, manipulation of medical data, fraud, deception, repressive assault, criminal misconduct, abuse of power, devastation of victim's financial situation were the methods, which Soviet bureaucracy (especially KGB) was well known for. In post-communist Russia writers are still worried that the present relatively liberal freedom of expression might gone one day. This is why Mr. Gunin's situation, who's non-doubtfully persecuted for his views, is so alarming for us. It is clear that his situation reflects some undemocratic tendencies, which been developed in recent years in Canada and could encourage communist-minded bureaucrats in Russia to pull back, towards suppression of political freedoms. The end of persecutions against him could show that the Canadian government stands for justice and does not associated with above-mentioned tendencies. In Russia, where the democrats are traditionally west-oriented, such events as persecutions of Mr. Gunin in Canada are diminishing popular support for them. Mr. Gunin is known for his poetry, prose, and essays. He is one of the best-presented on Internet Russian writers. His literary translations (translations of Polish poetry in particular) are fresh and original. His controversial (both stylistically and conceptually) poetry, prose, and essays are subjects of hectic disputes and disagreements. However, they are part of our cultural life and contributed a lot into diversity of modern Russian literature. This diversity enriches our literature, makes it deep and universal. It is one of the most important elements in our culture. Mr. Gunin is a member of "The Limbo" Russian international literary society; he's a nominee to various literary contests, a journalist, whose essays appeared in hundreds of newspapers all around the world, from Russia to Israel, Canada, Poland, Germany. In Russia written by him articles appearing from time to time in newspapers like "Literaturnaya Gazeta", "SK Novosti", "Uralsky Rabochy", etc. His literary works were published in Paris, Frankfurt, St-Petersburg, and Tel-Aviv. He's a former Soviet dissident and was always engaged in human rights activity. But even if he was completely unknown, cruel and vicious punishments for his views and opinions threatening all writers. We understand the stubborn Canadian Immigration's will to destroy him for all means as a message to all writers "not to talk too much". Even those of us who don't share his esthetical or social position do not want him to be killed or socially destroyed. Even those of us whose interests are far from politics understand that Canadian Immigration went too far. If international standards and basic human rights will be violated that openly as in Gunins' case, it will lead to a new inquisition era. It is even more outraged that Immigration Canada is acting against Mr. Gunin in interests and on behalf of another country, one of the world's champions of human rights violations, and one that Mr. Gunin widely criticized for that. We ask Canadian Federal Immigration to stop persecuting Mr. Gunin and his family. Leave him, his children, his wife and his mother alone, let them live in peace and dignity. We attach a short description of only latest events of what Gunins are suffering from Immigration because many volumes are needed to describe all unjust, illegal and inhuman actions, which took place during six years of persecutions. Russian Writers Открытое письмо (вольный русский перевод) Премьер-министру Канады Жану Кретьену Министру Иммиграции Канады Элеонор Каплан Лидеру оппозиционной партии НДП Алексе МакДоноф Канадской Комиссии по Правам Человека - Регион Квебек От Русских писателей правительству Канады Открытое письмо Мы хотим выразить глубокую озабоченность ситуацией нашего коллеги, Льва ГУНИНА, который подвергается многолетним преследованиям со стороны канадской Иммиграции. Мы серьезно обеспокоены методами, используемыми Иммиграцией. Секретность, безнаказанность, садистское отношение, психологическое давление, манипуляции медицинскими данными, репрессивные меры, криминальное злоупотребление властью, разрушение финансовой ситуации жертвы - это методы, благодаря которым именно советская бюрократия (особенно КГБ) получила свой стереотип. В пост-коммунистической России писатели все еще боятся, что теперешняя относительно либеральная свобода самовыражения может однажды закончиться. Вот почему ситуация г. Гунина, который - вне всякого сомнения - подвергается преследованиям за свои взгляды и убеждения, воспринимается нами как сигнал тревоги. Ясно, что она отражает антидемократические тенденции, развившиеся за последние годы в Канаде и способные вдохновить бюрократов с коммунистической ментальностью в России на откат назад, к подавлению политических свобод. Если его прекратят преследовать - это будет означать, что канадское правительство стоит за правосудие и не ассоциируется с вышеупомянутыми тенденциями. В России, где демократы традиционно имеют про западную ориентацию, такие явления, как преследования г. Гунина в Канаде, уменьшают их поддержку. Гунин известен своей поэзией, прозой и публицистикой. Он один из наиболее хорошо представленных в Интернет русских писателей. Его литературные переводы (особенно переводы польской поэзии) свежи и оригинальны. Контроверсийная (и стилистически, и концептуалистически) его поэзия, проза и публицистика - предмет споров иразногласий. Однако, они часть нашей культурной жизни в смысле многообразия современной русской литературы. Разнообразие обогащает русскую литературу, делает ее глубже, универсальней. Многообразие, плюрализм - один из важных элементов нашей культуры. Господин Гунин - член "Лимба", международного русского литературного сообщества; участник (номинированный) ряда литературных конкурсов, журналист, чьи статьи (на разных языках) появлялись в сотнях газет по всему миру, от России до Израиля, Канады, Польши, Германии. В России его статьи время от времени публикуются в таких газетах, как, скажем, "Литературная Газета", "СК Новости", "Уральский рабочий"... Его литературные произведения были опубликованы во Франкфурте, Париже, Санкт-Петербурге, Тель-Авиве. Он - бывший советский диссидент, вовлечен в правозащитную деятельность. Упоминания о нем можно найти не только в русском Интернете, но и на страницах английских и французских газет и вэб сайтов. Однако, даже если бы он был совершенно никому не известен, жестокие, суровые преследования, которым он подвергается за свои взгляды и убеждения - угроза-предупреждение всем писателям. Мы воспринимаем упрямое стремление канадской Иммиграции во что бы то ни стало уничтожить его как предупреждение всем писателям "держать рот на замке". Даже те из нас, кто не разделяет ни его эстетической, ни социальной позиции, не желают ему физической или социальной гибели. Даже те из нас, чьи интересы далеки от политики, понимают, что канадская Иммиграция зашла слишком далеко. Если международные стандарты и элементарные права человека будут нарушаться так открыто и вероломно, как в "деле Гунина", это приведет к эпохе новой инквизиции. Еще хуже то, что Иммиграция Канады действует против г. Гунина в интересах и под давлением другой страны, одного из главных нарушителей прав человека в мире, которую он за это критиковал. Мы просим канадскую Федеральную Иммиграцию прекратить преследования господина Гунина и его семьи. Оставьте его, его детей, его жену, его мать в покое, позвольте им жить в мире, дайте им право на достойное существование. Мы прилагаем короткое описание только самых последних событий, так как много томов потребовалось бы, чтобы описать все беззакония, несправедливые и бесчеловечные акции, имевшие место на протяжении шести лет преследований. - Русские писатели