Refugee Case : другие произведения.

Israel Against Christians - Chabanenko Case

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     ISRAEL STRIKES AGAINST CHRISTIANS

     Christian refugees from Israel fresh cases
      Case Two


   From family Chabanenko
    (May 2003, Manitoba, Canada)
   
"serhiy chabanenko" - schkie0305@hotmail.com -
   to anyone whom it may concern            


  This is an appeal from Diana CHABANENKO, in the name of non-Jewish refugees from Israel: Diana, Sergei, and Yevgenia Chabanenko, and Yegor NAUMOV. We ask you to help us in a crucial for us situation.

  Our refugee case was evaluated with prejudice, with multiple procedural violations. Right now, after receiving a refusal from a post determination officer (PRRA), we are under a removal order, which is a first step to our deportation from Canada. We are trying to save the situation by appealing to the Federal court - still expecting a fair, free from partiality, attitude.

  Problems have begun when we were preparing our case for our refugee hearing. No lawyer was interested to take refugees' from Israel cases. All lawyers, to whom we used to turn, been denying us help as soon as they used to discover that this is a case against Israel. In the International Center we were sent to maitre David Langtry. He has agreed formally to accompany us in the immigration refugee process, warning us that any case from Israel has no chance to succeed in Canada. International Center's translator has refused to translate our claim as we made it, and removed many important fragments (like references to international laws, norms, conventions and declarations, UN conventions, Amnesty's documents: laws and principles, which were recognized by all countries, and were permanently violated by Israel). Printed materials, newspapers' articles were "forbidden" by the lawyer. Therefore, our case was incomplete. Maitre D. Langtry briefly studied our claim, and gave us no help or legal advice. He did no serious research or study in our case. He did not know details of our refugee case, and manifested no interest to know them. However, he was the only lawyer, who agreed to cooperate with us.

  During our refugee hearing the lawyer asked us just 1 question: why we have left Israel. His final word was not translated to us by the court's translator. As soon as maitre D. Langtry took a word, the officer has left the room - and he did not hear lawyer's words in our defense.

  The main and almost only reason of persecution, to which we were exposed in Israel, is because we are Christians.

  For a Christian, immigration to Israel is illegal - according to Israeli Law of Return. According to this law, a Christian, even if his / her parents were Jewish, has no rights to immigrate to Israel. However, no one explained this to us in Israeli consulate, and we have obtained our immigration visas to Israel being non-aware of this problem.  

  As a daughter of a Jew, converted to Christianity, I was more hated and detested then any one, who was born Christian. I was denied employment because of the cross of my neck. When I finally was hired, I was mocked and humiliated as soon as co-workers have detected that I am Christian. They persecuted me by an obstruction, did not speak to me. They were biased the factory's owner against me, defamed me... They have booted me out of the factory's territory during Jewish religious holidays: because my presence there has "contaminated and desecrated" factory's premises. They did everything to provoke my dismissal from work. Once a female Israeli has outpoured a bucket with dirty water on me - because she could not bear the cross on my neck.

   Neighbors-Israelis used to leave garbage (trash) under our door, damaged and painted our door with abusive slogans.

   My son was beaten up by his schoolmates, they have forced him to remove the cross from his neck and called him "dirty "goy" (non-Jew). His schoolmates' parents have abetted their children in harass and abuse "Russians", and to humiliate Russians  - and by this force them to circumcise. Finally, my son has refused to attend the school.

  There is a draconian body in Israel, which is a part of Israeli Minister of Interior. Israeli authorities have encourage people to spy on each other and report about all "hidden non-Jews" to the Minister of Interior. Finally - a delation on us was made to the Minister of Interior: that we are traitors of the Jewish nation and came to Israeli illegally. On this ground the Ministry of Interior has initiated a long and humiliating procedure of our removal from Israel. We heard that prior to deportation Israel puts people to a prison, and that also they may take children away from their parents.

  We decided to depart before an eventual full deportation will be on track, and turned to the Ministry of Interior with a request to issue us Israeli foreign passports. For a long period of time (9 or 10 months) Ministry of Interior has openly denied foreign passports to our children, preventing their departure from Israel. Almost 1 year we were draw into an exhausting struggle: endless demands, requests, audiences, appointments, interview in the Ministry of Interior, etc.  

  Once  I was told in the Ministry of Interior that our children do not have Israeli citizenship. By then I did not believe this. I suggested that this was a figural expression: because of the routine discrimination of Russian-speaking people. However, now I think that I was told the truth.

  (Recently we have submitted a request to Israeli consulate asking for a confirmation in writing that our children have no Israeli citizenship).

   2 times lesse-passes were issued for our children, but not foreign passports. They could visit only Ukraine with these temporary travel documents, but for entering other countries passports are needed. By then our children were holders of Israeli immigration status (now we can say nothing about their citizenship) already during 2 years, and a refusal to issue them foreign passports was a tremendous violations of their rights. If they had no Israeli citizenship, we had right to be informed about this officially, not by an angry secretary in a form of an insult.

  Ministry of Interior clerks in Ramle told me that Israel does not need such stinky Christians as me. They told me that I can "go home" - leaving my children in Israel, and they will be converted in to Judaism - and will become real Jews.

  After 9 months of humiliation and threats the head of the Ministry of Interior in Ramle (Mrs. Shabalina) has informed us that will investigate how we could illegally sneak into Israel, in violation of the Law of Return.

  We have managed to depart from Israel, but there is a good reason to suspect that Israeli authorities have warned Canadian Immigration about our arrival. Otherwise it is hard to explain, why among all other passengers of the airplane only we were suspended and taken to Immigration in the airport, where our stay in Canada was restricted to 2 weeks.

  It was absolutely clear that the Immigration refugee board could not recognize us as refugees because Israel is an "untouchable" country, which stays above any international law or principle. It was obvious - through our case - that Israeli basic law, the Law of Return, is in fundamental conflict with all international standards and conventions. We were discriminated and persecuted BY THE STATE, because according to this state's law (the Law of Return) we have sneaked into Israel illegally. However, Israel does not rash to make (through Israeli consulates) every potential immigrant familiar with the Law of Return and its racist demands-pre-conditions. They want to form a group of second-class citizens with no rights, whom they can exploit and humiliate.

  Immigration refugee board did not dare to send a formal request to Israeli Ministry of Interior, asking if we indeed were on a list of illegal immigrants to Israel under investigation. They did not care if the State of Israel will deport us as Christians to Ukraine or somewhere else, or will keep us under a permanent threat of deportation, depriving of any rights. Please, note that the refugee board found our description of persecutions reliable, but did not recognize us as refugees according to Convention.

  Unfortunately, we could not submit an appeal to the Federal court, and not because we had nothing to say in our defense. Our lawyer,  Maitre D. Langtry, has refused to take our case to the Federal court. Another lawyer, maitre Edward Rice, has demanded an unreasonable amount of money, informing us that the cases from Israel are not "winnable" in the Federal court.

  When our refugee hearing has took place, Israeli military forces were desecrating and humiliating Christian Holy Places; they have siege the church of the Holy Nativity and other most important Christians shrines. They have damages Christian shrines, demolished the Arcade, which belonged to the Christian Orthodox Mission, turning it into a dump of wreckage, and all these facts have not been taken into consideration by the refugee board.

  However, the treatment of Christian Holy Places, Christian shrines by the State of Israel, by its army is a best illustration of their treatment of Christians in general. They methodically attack and destroy Christian objects on Israeli soil, they meticulously destroy Christians.

  In October 2002 we have appealed for a Risk of Return (post determination evaluation) - PRRA - program. For supporting our post determination case in October 2002 I have contacted a lawyer in Israel. Mr. V. Melamed. I have asked him to evaluate our case, our situation, making an estimate conclusion about dangers, which will threat us if we'll return back to Israel. Maitre Melamed has underlined next consequences for us if we'll go back to Israel:

  1. A criminal case will be opened against us for obtaining forgery passports for our children. (According to Israeli law it could lead to 2-5 years in a prison). In case of a prison sentence our children will receive a governmental custody and will be converted to Judaism.

   UN Human Rights Committee has many times criticized Israel for inhuman conditions in Israeli prisons and aggravated contradiction to international standards.

  2. Termination of Israeli citizenship in accordance with the Law of Return (amendments 4, 5).

  Maitre V. Melamed has stressed that - according to Israeli judicial tradition and norms - the whole procedure of termination of ones citizenship may last for years (and practically has no time limits). Those, who are under an investigation by the Minister of Interior concerning their "illegal" immigration to Israel (because they are not Jews or not committed to Judaism but to other religion) - lose their citizenship BEFORE Minister of Interior decision.   

  In its document "HUMAN RIGHTS ABUSES AFFECTING TRAFFICKED WOMEN IN ISRAEL'S SEX INDUSTRY" (AI May 2000 AI Index: MDE 15/17/00) Amnesty International has sharply criticized Israel for Israeli immigration policy. Amnesty called unacceptable Israeli practice to put people, who are under investigation for their "illegal" presence in the country, into a prison. Because Israel has no immigration prisons (custody) system, "illegal" immigrants or tourists are put into regular prisons for years. Amnesty found outraged that in cases, when people were taken to Israel by their kidnappers (by force) or by deception and deceptive promises: not the traffickers, but their victims were punished!      

  3. Maitre Melamed has informed us in his letter that during our absence in Israel a new discriminative legislation was adopted (2001), with supplements and amendments to Israeli Criminal Code. These new laws contradict all standards of international treaties and norms. According to these new laws - people, who are living abroad during some long period of time and suspected in an intention to stay abroad forever, are criminals, who are accused in contemning Israeli citizenship and must be punished.
  Such people are punished by the next punishment measures: a) they are denied medical services (let's remind you that Israel has no universal free medical program as Canada, and people must pay for medicine anyway) for 2 months in proportion to every year of their absence in Israel (6 months for 3 years of absence - this is ALREADY OUR TERM); b) they must pay a huge fine for not working for an Israeli employer.

  This is a direct indication that the State of Israel treats its citizens as slaves.
  In the same document mentioned above (AI May 2000 AI Index: MDE 15/17/00) Amnesty condemns Israel for supporting and practicing slavery, saying that - according to Israeli law - slavery is permitted in Israel, and buying and selling people is not a criminal offence in Israel.
-------------
  All facts, documents and materials, which we have presented to Immigration Canada, were just ignored; we did not receive any explanation about motives behind Immigration's cruel decision in our case. We think that all declarations of children's rights and welfare were brutally violated by the present decision in our case. Probably, rights of the children of those, who are coming from Israel, were excluded from the children's rights commitments. Our claim and supporting it materials and arguments were left without any response.

  We have no doubt that Canadian Immigration knows that Israel violates Declaration of Eliminating All Forms of Intolerance and Discrimination On Ground of Religion and Opinion, chapter 5, paragraphs 1, 2, 3, 5 (amendment 4). According to this article parents have rights to define child's way of life in accordance with their religion; a child has rights to be educated in a school, which respects child's religion. But in Israel Tora (main Jewish religious book) in its Judaic interpretation is studied in all Israeli schools as an obligatory item! It does not match the freedom of choice, for which Declaration stays.
  After our arrival to Canada representatives of the Jewish community of the city of Winnipeg has approached us and insisted that we must leave Canada. They have insisted that we will not receive a status in Canada and will not gain anything. The message of their words was clearly that Canada is a "Jewish country" - and will rule in a way, which is appropriate to the Jewish interests. 

  Now I am thinking - how could people, who are not related to Immigration, know the final result of our immigration ordeal?
  If the result was known in advance - then all manipulations with our immigration file within the immigration institution were not "justice" but a show. Please, believe us that we really have no where to go. And if we had - we would not bother Canada with our presence. However, in spite of Immigration's attitude we love Canada, Canadian people - and we feel naturally and free on Canadian soil. Otherwise we would not struggle so determinedly and bare degrading attitude towards us in Immigration - with an obvious politicization of our case in favor of Israel.

  We both - my husband and me - are working; our children have no problems at school; we are part of the church community, and we will be devoted and good Canadian citizens. We are confident that it is good for Canada to have people like us here, not in Israel. We (parents), and our children - will be always loyal to Canada and will contribute to Canadian life and society. We think that it is obvious not only for us - but for Canadian Immigration as well. Why then Immigration must subordinate to Israel, why should Canada must give up Canada's rights to keep such people as we are (because we ARE refugees under Convention, because we ARE matching the post determination definition) - to such a sinister country as Israel?   

  Dear Canadians! Dear Immigration authorities! Dear international bodies' representatives! Please, understand that defending our rights you are defending your own rights as well.


           Yours truly,
            Diana Chabanenlo
            and other members of my family




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