The Kapoustin Report

CHEATED

How Canada’s Royal Canadian Mounted Police used a Canadian Embassy and a promise of millions of dollars to secretly co-opt the Bulgarian Government into lying to its own people and agreeing to arrest and torture a citizen of Canada.

THE KAPOUSTIN REPORT As was Presented To the Honourable Members Of the Parliament s of Canada and the Republic of Bulgaria

BOOK Ι A STORY FOR THE CANADIAN AND BULGARIAN PEOPLE

To Arnold Schwarzenegger and Chuck Norris I should have listed to you and our friends Bernt and Erika Zimmerman and stayed in L.A. big mistake

Mike

Preface I am a convict, a citizen of Canada who has spent the past ten years in a Bulgarian prison. My crimes were to be part Jewish and part Russian with a last name that wasn’t quite Canadian enough and a passport that said I was born in Bulgaria. Obviously you won’t read any of these charges in a criminal indictment or my conviction by a Bulgarian criminal court. And the other accusations made by the Bulgarian and Canadian governments that I’m an uneducated Ukrainian Gypsy, a lying Jew, the leader of Canadian religious cult and a repeat sex offender appeared only in the indictments made against me by Canada’s Royal Canadian Mounted Police the R.C.M.P., and the Canadian Security Intelligence Service or C.S.I.S.. These repeatedly appeared in Bulgarian TV and newspaper reports on me, reports that the R.C.M.P. has officially denied in writing. As for the C.S.I.S. well they’re not talking. Unfortunately for the R.C.M.P. and C.S.I.S. but fortunately for me the Bulgaria government has forgotten how to keep a secret. AS a result and by shear coincidence I got copies of most of Canada’s secret and sometimes cryptic communications to be interrogated by Bulgarian police and prosecutors. Of course none of that would have mattered if it were not for my financial and public status in Bulgaria. And in hindsight it does seems to this writer that his very public success in Bulgaria as a previously unknown Canadian was getting in the way of some other peoples’ greed. Some of those people are dead now, like Bulgaria’s infamous billionaire Illiya Pavlov and Bulgaria’s former Prime Minister Anatol Lukanov. Apparently assassinated by people who felt about them the same way they apparently felt about me, seems I’m the lucky one. As for the others, well they got themselves elected to the Bulgarian government. These are the men and women I once believed to be my friends, some even family. Like my second cousin on my mothers side the former Minister for Bulgarian Foreign Affairs Nedesda Mihailova. There is one of my Bulgarian corporate lawyers and now one of Bulgaria’s President Peter Stoyanov, he needed a career change. As a lawyer he wasn’t very good. There is also Bulgarian Prime Minister and King Simeon Saxe-Coburg the II who I have known since I was 14 years old and Bulgaria’s present Foreign Minister Salmon Passy whose ambitions I financed. I expected more from them, I was disappointed to discover they were no different than the other self-promoters and thieves elected to the Bulgarian government since 1991. My life story is a complicated, but this book simple. It is not about me, but more about the liars and cheats employed by the Canadian and Bulgarian governments. Who are they? Our fellow citizens, other Canadians and Bulgarians, men and women we are supposed to trust with the power to take away our freedoms and property. Fellow citizens who with a word or a signature can forever destroy your life and that of your family like they did mine. They only ordinary men but we have elected people who

have passed laws that give these men extraordinary power over each us. Historically these are the same kinds of men who lies allowed a civilized Germany to committee mass murder. They are men whose idea of the peoples’ justice in Russia was to turn all of Siberia into a prison. They are men who have made it a crime for us to question any of their actions. If we do they will turn the full force of their power against us. You and I don’t stand a chance. This book is about such men and how they worked together in Canada and Bulgaria to deceive the Bulgarian people and destroy the life and reputation of a citizen of Canada. I try to bring some light into an otherwise dark and secret world whose inhabitants look into your bank accounts, read all your correspondence, check your travel plans, know who your friends and those of your family are. And if after all of that surveillance they still don’t have all the information they will then arrange for you and me to be arrested and tortured. To a Canadian this probably sounds like fiction, I wish it were. To a Bulgarian it’s a fact of history. and Canadian into giving who are arrangements letters, one protecting and concealing their crimes and them with names like nationality security or ongoing criminal investigation. This shadowy place is closed to you and me, even after we become the victims. From it these men, these liars, they decide which of their lies the Canadian and Bulgarian people should to accept as the truth. For them Canadian and Bulgarian laws are only tools to be used by them, not something to be applied to them. There will be a lot of curious readers in Bulgaria. Many of whom still don’t believe in or have serious doubts about the existence of God. Fifty years of communist totalitarianism and economic hardship will do that to people. Also my experience in Bulgaria as an accused presumed to be innocent and later a convict has shown me that most Bulgarians have forgotten how to forgive, even themselves. How then can Bulgarians forgive those men and women they have put in prison? And if forgiving carries no monetary rewards then why bother with it, right? Oh, few Bulgarians will openly admit to this. But then you know who you are, right. So this first part of my story will be most interesting to you, why? Because this story deals with a thing that appears dearer to many Bulgarians than family, life or God, and that thing is money. This book is a story about money, tens of millions of dollars in fact and how Canada’s Royal Canadian Mounted Police, the R.C.M.P. and the Bulgarian Ministry of Interior and Attorneys General Office together pursued that money from Bulgarian, to the Caribbean island of Antigua – Barbuda and finally to Canada. And it’s a comedy. Why? Because after thousands of man hours, of police investigations and the interrogations of thousands of Bulgarian witnesses the Bulgarian and Canadian governments ended up empty handed. Nothing to show for it, not even a dime. All they had was me, and it was beginning to dawn on the Bulgarian government that I wasn’t worth much.

So this book is about an endless stream of lies and a search for money. To avoid boring the reader I will speak little to nothing about the inhumanity, injustice and suffering that these lies and this money inflicted on my family in Canada and me. I frankly did not see the point, particularly since Bulgaria has demonstrated little capacity for compassion or interest in how the human spirit allows us to overcome the cruelty and inhumanity of our fellow men. So I write nothing here about how my family and I accepted our suffering to be the will of God and became stronger for it. And how in our complete surrender to God we found each other and in each other the strength to not to surrender to the injustice and cruelty of the Bulgaria people and state or the indifference of Canadian officials. A lot of convicts I live with think that surrendering to God’s will means to stop trying to solve the problem and to wait on Him to do it. These are broken men who don’t know they are broken. They smile and laugh each day as if still at home, God or some other unseen force soon to solve all their problems. Not likely. He works through us, is there for us but he does not serve us. politicians and prosecutors who give lip service to values like justice and humanity as they look towards their next bribe or some other favour. Go past their words and look at their deeds and the men they’ve put inside of Bulgarian prisons and you will see I am right. So this my first book if the law requires it. who can who we entrust our sfatey To the few people in Canada who known who I am, and to the tens of thousands in Bulgaria who And for the uninitiated about that Canada’s lies to the Bulgarian government and how the Bulgarian government then transmitted, in its own ignoble way, the same lie to the Bulgarian people. Those lies were about me and my company. And the reason for my government and country lying to Bulgaria? Well you’ll have to read the book. This it the first book in a series of books I hope write, God willing. why I was in Bulgaria and what I was doing here. This book does not attempt explain why Canada or Bulgaria’s governments both though it so important that they had to create lies about me. Who was I in 1994 and 1995 and who am I today that it is so important for Bulgaria’s government to maintain this lie even today? That can be explained only by the people who first propagated and now continue that lie. Like Bulgarian Minister for Justice Anton Stankov and Minister for Foreign Affairs Salmon Passy, a man I personally knew, did business with and once had respect for. This book cannot undo the damage done to me and a lot of other people, nothing can do that. But it may in exposing the truth raise enough questions to uncover who really cheated who and why. Something I would really like to know.

Truth

As a convict I have a duty to the truth. It is a self imposed moral obligation. Why? Because practically nobody ever believes that someone accused of a crime is really ever telling the truth, either to them or the court. It’s that very old and very human principle of where there smoke there must be a fire. Even those men acquitted by a criminal court of law and found innocent are rarely really believed or accepted as completely innocent. What is it most people say, that “he was to smart” or that “the police really screwed that up”. It not often that I have heard the words “oh what a tragedy for him and his family”, you are never really cleansed of guilt once police and prosecutors have tarred and feathered you in public, the stench always there. It is an unforgettable experience for those men and the families that have lived through it. Now image how much how many people are inclined to believe a convict protesting his innocence after being convicted? Not many. That’s why any convict who eventually wants to be believed can afford only to tell the truth. He must stick as much as possible to those facts he can prove, telling the same story over and over again to anyone who will listen. Frankly, the whole business of proving your innocence and clearing your name is a frustrating and exhausting one. Even a man wrongly imprisoned and his family will slowly disconnect from his own innocence and will instead choose to accept as inevitable the reality of his separation, imprisonment and the injustice as things ha has to accept and stop fighting against. But then that’s not true just for convicts but for all of human society, particularly a Bulgarian society having accepted injustice, incompetence, corruption and inhumanity as a way of live. Resignation the easier alternative, for both an emotionally exhausted convict and a Bulgarian people tired of it all. However, there are a very very few number of convicts who simply refuse to quit. And having grown up around Texans and being a Canadian naturally makes me one of them. Simply, I don’t know how to give up fighting no matter how big the bully.. It hasn’t been easy. And without my family and friends it would have been impossible.. I have heard hundreds of men’s stories during these ten years in a Bulgarian prison. Most of the men with me are guilty, but there have been a few who are not. I have watched most of them simply resign themselves to the fact they cannot win against the corrupt and incompetent state machinery that put them here. the Bulgarian surrender to and the outside world Eventually you start to give up hope..

aexplaining becomes a daily mantra. things to truth And believe me they will never forget you, no matter what your attorney tells you. either. painted and to explain to my friends and the reader how and why this particular book came about. And this would not have happened if not for my friend of nearly 40 years and publicist Gene Wilson, so my first duty is to him. I met Gene in 1966. I was fourteen years old at the time and had just moved with my family from Toronto Canada to Dallas Texas. Gene was working for my father at the time. He is now my oldest friend and also my publicist, something that I at least find to be an oxymoron. How many publicists are really the best friends of their clients, smiles and flattery aside? But over the years and time and time again Gene has proven his friendship to me. Gene was still there as a friend after I was arrested in 1996, a lot of people weren’t. And he was still there even after my name was dragged through so much Bulgarian fecal material that even I started to believe the bullshit. But Gene never did, and he was the first to offer me his help when I finally decided to make an attempt at publishing the story of what happened to me between and my company. A story I had been writing since the very first day of my arrest. So late in 2003 Gene immediately engaged that special Texas energy of his and spent the rest of that year and the early part of the next exchanging letters with the Bulgarian Minister for Justice Anton Stankov. Gene and I were trying to get the Minister’s permission for the Sofia prison to provide me the facilities necessary to my work. But Sofia prison Warden Dimitar Raichev, someone who is not my friend, resisted this idea and did all he could to delay obtaining Minister Stankov’s approval. But Gene never took no for an answer and in the end he prevailed. Finally the Bulgarian Ministry for Justice ordered Sofia prison Warden Raichev to formally give me the facilities and to credit the time spent on this book towards my sentence. This is no small feat for the only Canadian convict from the 11,000 convicts in Bulgaria’s prisons. So Gene is a friend first and publicist second and without him this first book would have remained nothing but pencilled notes on scraps of paper. I am forever in his debt for having helped me to tell a story that for many may at first prove hard to believable. And to be frank I had a hard time in accepting the truth of it. That the Government of Canada and R.C.M.P are responsible for one of the biggest and most public lies in modern Bulgarian history. A lie affecting not only my family and me but the families of thousands of Bulgarian citizens, mostly simple men and women who found it easier to accept an official lie than an ordinary man’s truth. I cannot really blame the people of Bulgaria for what happened to me. They did not know any better. Fifty years of a totalitarian regime indoctrinated into a belief that big brother never lied. belief believing communism , for it wasn’t until late 1999 and completely by accident that I first learned the truth from copies of secret Canadian

R.C.M.P. faxes and letters exchanged with Bulgaria’s Ministry for Interior. Canada was in no uncertain terms intentionally lying to the Bulgarian government. Regrettably it was a lie that the Bulgarian government choose to blindly accept, and never once asked for proof of Canada’s criminal allegations against me. It is a lie that the Bulgarian government continues to publicly reproduce to this very day, including to my publicist and publisher. Hopefully I have given you sort of any idea of what this book is about. But I think it is even more important that you know why my story is significant to the people and citizens of Canada than those of Bulgaria. For that we have to first go back to 1995, the Airbus Company and Canada’s former Prime Minister Brain Mulroney.

to you should also understand My revolt came at the end of an exchange of letters on what I should write. Gene wanted my literature, if it can yet be called that, to be about me and an account of how I endured the last ten years in Bulgaria’s prisons. To use my publicist’s own words he wanted the story on my living hell. And like any good publicist Gene had to forget he was an understanding friend. So he went on to remind me that the dead line was only a few months away. It was at that point I started to worry, and my concerns sweat and with that the idea of revolution. My problem was that I knew there was no way to decipher and edit in a few short months the thousands of pages of hand written notes I made during nearly ten years of prison. At first I didn’t tell Gene, thinking that I could find the time. Hell I was in prison and it wasn’t like I had a lot of other pressing engagements or so I thought. You would think someone locked up 23 out of 24 hours a day would have a lot of free time on his hands. The other convicts I live with certainly do have the time and really far too much of it. Something made only to obvious by the fact that I am assaulted daily by the droning of a hundred voices engaged in meaningless conversations and arguments in languages I can’t understand. And its no wonder, they certainly have the energy for it. How could they not?. Convicts in Bulgarian prisons get to spend their whole day and night either in bed staring aimlessly into televisions tuned to channels offering a seemingly endless variety of music and soap operas. Or, as an alternative form of entertainment they get to gamble on tables they fashioned from cardboard, wooden boxes or other bits. These line the entire length of a narrow one and half meter wide corridor that runs the hundred metre length of my cell block at the Sofia prison. The men here spend year after year upon years in what is a near endlessly stream of days where they smoke, gamble and drink coffee or tea all day. As a rule Bulgaria denies foreign convicts access to educational classes, organized recreation and gainful employment. Ten and fifteen year sentences are spent progressively making men feel more useless and lost than is humanely possible for anyone to image or that can be justified as being in the interests of Bulgarian justice or society. So my prison is a modern day Tower of Babel where peace of mind and concentration are nearly impossible to achieve.

A place where the convicts have turned self-denial into a fine art, nearly so.

My being able to write this book means that I’m luckier than most, but whatever luck I have had is luck that I fought for.

So instead I find myself writing these very words from within in a windowless cell whose lighting progressively degraded what was once perfect eyesight. And what have been left to me after ten years of confinement are still. drinking tea or coffee and gambling away at backgammon or chess. games of rodir of at talbes made of overtuned boxez small in the narrow corridor of our They forget where they only one tewhose sole method Sometime I pine for those early years of solitary confinement. Yes, I was locked up but the world with all its melancholy and stupidity was also locked out.

Such judicial conduct and reasoning as identified thus far have confounded, confused and frustrated the process of this Defendant attempting to prove his innocence, notwithstanding,

factum negantis nulla probatio1, the burden

of proof belonging to the accuser. Bulgarian criminal courts, including this Court of Appeal, have consciously shifted the burden of proof to the accused, requiring he or she disprove what the State Prosecutor cannot prove but is prepared to allege from unverified and questionable documents or the unsubstantiated hearsay evidence of witnesses.

But there were other problems that not Gene or anyone could ever understand. That is not unless they were living my life, a life whose daily struggles undermine not only my 1

No proof is incumbent on a person who denies a fact

publicist’s deadlines but persistently test my willingness to fight against the oppression of this place. Few people can know the problems a convict faces when he must alone continue those legal battles necessary to regain his freedom and to clearing his name. Ten years of prison life, ongoing civil and criminal litigations have all taken their toll on me and severally complicated the life and mind of this convict. I knew I could not write the book that Gene and the publisher had asked me to write, at least not yet. So to understand why and how this book came to be born the reader needs to know something about my past and current life. How does a Canadian spend nearly ten years in a Bulgarian prison and come to own a computer and write a book? Well my first few years here, two years and four months and some 4 days to be more exact, were spent alone in an 8’ by 6’6” solitary confinement cell. No window, one 60 watt yellow light burning 24 hours a day and no exercise. You never leave your cell except to be interrogated or take your weekly shower and shave. There were the rare and wonderful occasions of a possible visit every six months. But only if police investigator is feeling charitable or you’ve managed to pay him a bride of say a hundred U.S. dollars. Bulgarian arrest cells allow for no TV, no radio and no watch to tell the time, and its better I do not talk about the food of which I ate very little. Yes, there were regular physical beatings preceding certain interrogations. Torture? Well only if you call being hung with handcuffs from a railing for up to an hour to the tips of your toes torture, apparently the Bulgarian police don’t think so. But that ended what now seems like ages ago. Sometime in 1997 and almost exactly the day of a Canadian government fax to the Bulgarian government telling them Canada was no longer interested in having me questioned. Thanks Canada. As for my current home, the Sofia prison. Well the officials here who from 1998 did all they could to physically and psychologically break me have either gone elsewhere or accepted the fact that this is not about to happen. Breaking my spirit is not an option. The years of my unbending willingness to confront prison officials eventually produced what is an uneasy truce between us. That truce is still in force and so the Sofia Bulgaria prison warden lets me write my books. Not because he wants to, but because he knows he has to.

So what would I write? So before anyone attempted to read this book I thought they should understand the state of mind of its writer, the circumstances of his life and some current Canadian events and history that connect indirectly to this story. It may will help explain why I could not meet Gene’s dead line and why what you are about to read has less to do with what happened to me and far more of the reason of why it happened to me.

This is my story, and potentially the same story for many more Canadians. It is an account of how one Canadian man is cheated of his freedom and ten years of my life by the country he calls home. It is a true story, one that shows how easily the Bulgarian people were made to hate someone they don’t even know. How one man was blamed and were now that hurt of how one Canada and how by cheating me that country succeeded in cheating thousands of Bulgarians. government Connections All of us know that the events of our lives are nothing but the result of a series of seemingly unconnected events that we suddenly realize are all connected. life are nothing but a series of connections Understanding these connections is critical to understanding why everything that I have documented here and has happened to me in Bulgaria can be directly blamed on Canada’s Royal Canadian Mounted Police and Attorneys General. And finally there is the current attitude of the Government of Canada towards and what that means on how much time I have to spend writing. The most obvious fact is that I am still in that hell my publicist wants me to describe. It is true that Bulgarian prisons are nothing but modern day Gulags populated by the economically and social deprived minorities of this European state. Roma’s, Bulgarian Turks and other non-Bulgarian minorities represent better than ninety percent of the prison population. Of those 11,000 and rising convicts the only “white” Bulgarians I have seen or met here are those men who ran afoul of the organized crime groups that run this country’s shadow government. Reports issued by the European Union and State Department for the United States of America confirm my own observations. The EU and US repeatedly and for years having identified the fact that there is an ongoing cooperation between Bulgarian organized crime and members of Bulgaria’s Ministry of Interior, the Prosecutors General Office, the judiciary and the Bulgarian press. So any humanity or fairness you might find within the Bulgaria judicial and prison systems comes at a price. Either you buy it with money, are owned it as a personal favour or are willing to spend years and years fighting for it through national and international courts. To my credit or as a testimonial to my own stupidity I followed the latter course. Not because I would not have bought my way out of this place, of course I would. But I chose to rely on written law and international treaties because I am a Canadian. My being Canadian made it nearly impossible for me to accept the Bulgarian culture of official corruption that even today remains fully integrated into this country’s system of criminal justice and punishment. Worse, nearly all Bulgarian criminal lawyers are an integral part of this corruption. They are the couriers for the cash used to buy the cooperation of police investigators, prosecutors, judges and prison officials. Reading this first and any of the books to follow you’ll eventually come to discover that I’ve been fighting a one man war against the Bulgarian prison and justice system and Canadian bureaucracy. Of the eleven thousand plus convicts now in the Bulgarian

prison system I am the lone convict and a Canadian at that, having faced off with the judicial and political institutions of a whole country. My struggles against a Bulgarian political and criminal justice system internationally recognized as corrupt and ineffective have been very public. This admittedly has done little to endear me to the Bulgarian government, its different ministers for justice, there have been four since I’ve been in prison, and indeed made me the target of three successive Sofia prison Wardens. A fact not lost on me or the former Director of Canada’s Department for Foreign Affairs and International Trade Gar Pardy who once told me on the phone “you are in a pissing match with the Bulgarians and you can’t win”. And to paraphrase what he once told my wife Tracy “you’re husband is a one man audience and no one hears him clapping”, whatever that meant. Over the years I’ve found that in situations like mine people tend to be prone towards attempting different metaphors to describe events and circumstance, some of which are admittedly rather lame. Although Gar’s reference to my being in a pissing match is pretty accurate, and if winning was getting the Bulgarian government to agree to a pioneer transfer well I did lose that battle. But then again it wasn’t my battle to fight or win but the Government of Canada’s. And as you will see later on Canada has a habit of just giving up on its citizens, even those Canadians who are unjustly imprisoned by foreign governments. A fact that has recently made Gar’s name almost as well known in Canada as mine is in Bulgaria. Gar’s rise to public infamy is exclusively thanks to the case of Canadian Maher Arar and the discoveries made by his lawyers during the Arar Commission hearing in mid2005. As Director Gar was getting during the case Pardy, the former Director of Canada Department for Foreign Affairs and International Trade is someone whose name has in a situation that requires he plead his cases in a language he can neither read or write, and one that after 9 years he still barely knows how to speak This latter fact not the result of my laziness but the fault of a Bulgarian prison system that segregates foreigners from Bulgarians and refuses to provide classes in the Bulgarian language. So you learn only by osmosis Canada Foreign Affairs has repeatedly told me that my refusal to accept my circumstance is the reason why I am still in a Bulgarian prison and not one in Canada. In 2002 the Bulgarian government refused the first of two Canadian government requests to transfer me. The situation surrounding my case became even clearer when in 2005 I got a letter from Canadian M.P. Dan McTeague. He is the assistant to Canada’s current Foreign Affairs Minister Pierre Pettigrew. In his letter McTeague makes it abundantly clear that I could forget expecting anymore help from Canada. From now on I was on my own. So be it. Everything you do to survice When you are so alone any to The Government It was something I was not about to stop doing, even if it meant missing the publisher’s deadline.

I cannot overstate the importance for someone wrongly accused or whose legal and human rights at resisting the oppressive conditions of my daily life within Bulgaria’s a prison. Guilty or innocent I am first a human being and then a convict, something the governments of Canada and Bulgaria forgot. Even when the Government of Canada always tells you it is futile and hopeless. If my many years within Bulgarians prison has revealed anything to me, it is this, that a convict’s refusing to be abused or to accept “no” for answer is the principle and sometimes the only force driving positive change. And my will the driving force and only reason to why I can write this book while still held captive in a Bulgarian prison. So if anyone besides Gene and my family and friends decides to read this book then they need to understand the state of mind of its writer. The nightmare that has been my life is not over and the hell that my publicist and publisher wanted me to write about is still apart of my everyday life. The unwritten truce between me and the prison requires I to stay away from the Bulgarian media and not mention in any of my numerous legal complaints the names of any one senior prison warden. So long as I follow these rules I can keep and use my computer to write this book and to also pursue my legal rights through various courts. Apparently this something all Bulgarian government officials and employees can live with since they each know that Bulgarian judges will usually follow the orders of the political bosses who made these guys prison wardens in the first place. Sofia prison wardens are political appointees and they believe, probably rightly, that before there is any decision by a court of law they will have long been retired or been promoted to other positions within the Bulgarian government. Bulgarian prison and judicial officials know only to well that it takes years before a court hears the human rights and corruption complaints made by convicts against them or the Bulgarian State. And these Bulgarian officials like all their predecessors are figuring they will be long gone. They violate and humiliate human beings everyday and steal with impunity only because they know that time and the government will insulate them from any accountability. This uncomfortable truce between allows me to write my books and file complaints to the courts all I want. At least for now and only as long as I do it quietly. But one other thing is certain and that is that I will not be allowed to return to Canada as long as these wardens and their supports are in power. And the war of wills between most certainly will continue until they or I are finally removed from the Sofia prison.

I knew had to find a solution that would satisfy my publicist’s deadline for the first in what I planned to be a series of books. But at the same time I could not give up the time necessary to continuing the legal struggles necessary regaining my freedom and clearing my name. To me the obvious solution was to somehow combine the two, write the books as factual accounts with lots of real names. So I decided to tell Gene that I would first expose the true story of how the federal police services and Attorneys Generals of Canada and Bulgaria cooperated in cheating the Bulgarian people of the truth, me of ten years of my life and all of us of millions of dollars in property. There

was only one problem with my solution. It was not going to make me popular with my publicist or publisher. He sincerely wanted to help me get the true story out. But as my publicist Gene was also concerned about the publisher’s opinion. He wasn’t worried that one unknown Canadian’s writing a dry historic account of how he becomes a victim in another country to Canadian police abuses wasn’t going to make it to a best sellers list. What did worry Gene and the publisher was the investment in my book might not break eve. The problem with my whole idea of a factual account was that as a rule true story criminal books only sell well if the writer’s ordeal receives a lot of public attention, particularly television. The O.J. Simpson murder trial is a good example. How many murderers get that kind of public attention and their trial generate so many books and TV movies? That said, it was a fact that what happened to me was not widely publicized in the Canadian or U.S. media. So as my publicist Gene was right to be concerned. Certainly things would have been different if I had been a former Canadian prime minister or an alleged leader of an AlQaeda terrorist cell operating in Toronto Canada. But I was neither, and so there are only a few Canadians who know and fewer still who recognized that my arrest, extradition and torture in Bulgaria as analogous to Canada’s Airbus Investigation involving former Canadian Prime Minster Brain Mulroney and as heralding of a new reality in the shadowy secret world of international police and prosecution cooperation in criminal cases.. A secret world the ugliness and brutality of which only came to public attention with the controversial arrest and deportation by the United States to Syria of that other innocent Canadian Maher Arar. A little history and explanation is in order for those of you who can’t recall or don’t know about Canada’s 1994-1997 "Airbus investigation" and the 2000 - 2005 Maher Arar case. The "Airbus investigation" involved the Minister of Justice for Canada accusing the former Prime Minister of Canada Brian Mulroney of among other things corruption. In a 1995 letter to Switzerland, a Senior Counsel and Director of the International Assistance Group of the Department of Justice (Can.) requested legal assistance in a RCMP criminal investigation. That letter incriminated the former Prime Minister and implicated him for offences under investigation by the R.C.M.P.. In November 1995 Mr. Mulroney filed a civil action and claimed damages arising from the language used in the Request to the Swiss government as being offensive and falsely indicating that the RCMP had reached conclusions that Mr. Mulroney had engaged in criminal activity in Canada and elsewhere. Those of you who go on to read this book may find interesting the coincidence of dates between the Letter of Request to Switzerland accusing former Canadian P.M. Mulroney of crimes and the Letter of Request to Bulgaria, also issued from within the same Canadian government body in

July of 1995 and accusing this writer of crimes in Canada and elsewhere. Both were written within in secret and within a few months of each other. That civil action of Mr. Mulroney was settled out of court on January 5, 1997. The settlement required the Government of Canada to issue a formal apology to Mr. Mulroney and the other wrongly incriminate in the letter and to paid to Mr. Mulroney five million dollars in legal fees. Canada’s Attorney General as respondent for the government admitted that the conclusions in the Letter of Request to the Swiss government were unjustified and wrongly incriminated those named there. The Attorney General writing; "Some of the language contained in the Request for assistance indicates, wrongly, that the RCMP had reached conclusions that you had engaged in criminal activity. "Based on what is set out above, and as a matter of logical consistency, the Government of Canada and the RCMP fully apologize to you for that language, and regret any effect that it may have had on you or your family." The affect of that Letter of Request on Mr. Mulroney and his family was only to their reputation. Apology accepted and lawyers paid. But the affect of that other Letter of Request was far less benign and did much more that just damage the reputation of an ordinary Canadian family. That letter took ten years of my life and destroyed the hopes and dreams of thousands of Bulgarian families. And all for what? Well, to learn that you’ll have to keep reading. If you’re a Canadian and never heard of Mulroney or Arar then you are either still living somewhere in Canada’s Yukon and its time to leave that log cabin behind. Or you are in a state of self-denial, and like many Canadians simply refuse to accept that your government and elected officials are prepared to falsely accuse you of a crime in the letters they write to foreign governments when asking for your arrest and forceful interrogation. Read forceful to mean by any means necessary and that to mean torture. So the next time you decide to take that business trip or vacation outside of Canada better ask yourself if your name is on any secret Canadian police hit list. And that goes double for naturalized Canadian visiting the countries of their birth. Wake up Canada, there are people in our government who secretly and quietly would turn our Canada into a police state with secret dossiers on us all. Some institutions in Canada fined Canadian law to liberal and have now turned to countries like Bulgaria and Syria to do their dirty work.

So while Mr. Mulroney and Mr. Arar are household names in Canada synonymous with Canadian police abuses outside of Canada and have a ready market for their stories, I on the other hand am a virtual stranger to my fellow citizens. I knew Gene and the publisher would be taking a big chance on me. But I also had to provide Gene and any reader an explanation. Why had I decided to write my first book in the dry and structured style of a White Paper and not attempt it as a novel based on a true story? The case of Mr. Mulroney’s and mine involved secret letters issued by Canada’s federal government to a foreign government and charging the subject in those letter with the commission of crimes in and outside of Canada. In both instances the federal government of Canada secretly requested the cooperation of a foreign government in the seizure by its police of bank and other records. Only a handful of Canadians know of what Canada’s R.C.M.P. and C.S.I.S. did to me and my family from 1994 to 1998. Gene and the publisher probably only wondering how they could break even. History and current events also prove that my case One where police and prosecutors in the democracies of Canada and the United States are now secretly relying on foreign police and prosecution to act proxies in domestic criminal investigation. Any insult and injury to the person, dignity and rights of a citizen of Canada is now against their own citizens. The dirty work of unlawfully arresting and torturing me and that other Canadian Maher Arar could not be left to foreign governments, Canada’s police and prosecutors only the referees. I am an intellectual ascetic activist.

Job “when He has tested me like gold in a fire he will pronounce me innocent”

From the incriminating letter issued by Canada’s Attorneys General to the Swiss government in the Mulroney case, to the controversial deportation to Syria by the United States in the Arar case and my arrest and extradition to Bulgaria are all scripted by same men in Canada’s international police and intelligence gathering agencies. In the case of former P.M. Mulroney the Canadian government made an out of court settlement in exchange for Mr. Mulroney’s silence. settled . had been successfully suppressed by Canada’s R.C.M.P. and remains to this day virtually unknown. I can recall a Globe and Mail That even the series of events leading to Mr. Arar’s arrest and torture happened occurred in my case first, . Even though it happened to me first the events leading to both Arar’a and my police detentions and

tortures in the counties of our birth are the same. is not widely known Worse, Gene knew that the publisher would be none to happy if he believed he couldn’t at least break even from the sales. But as my friend I knew Gene would understand and support me in doing it this way. I think his having been a journalist had a lot to do with his agreeing to do this. Like any good honest journalist Gene was as interested in the truth as I was. And right now exposing the truth is all that matters to me.

These are the facts of this writer’s life. And my circumstances exert a profoundly negative influence on my capacity to write or to sometimes even thin clearly. There not a day or hour passing where I don’t ask what more I could do to bring this nightmare to an end. For me looking to simply write about my experiences in this place and hope to sell that book was to somehow accept the injustices inflicted upon me and the thousands of other human beings who have shared these prison walls with me. True such a book would have been a scathing condemnation of the Bulgarian systems of injustice and excessively harsh and inhumane punishment. But it would not have addressed what is to me as a Canadian a more fundament and important questions. What is the truth behind why I was here in the first place? And what did my Canada’s government have to do with my being arrested, extradited, questioned and tortured by Bulgarian police interrogators about a criminal case in Canada? In this first book I struggle to somehow partially answer these questions. At least for those Canadian and Bulgarian families who have been cheated and lied to by the very agencies of our governments who are supposed to protect our legal rights, and not violate them. I could have accepted the deadline if I were sitting in an uninterrupted and quiet space. A place where I could choose my company and surround myself with the copious notes I had prepared. It would be an insular place where reflection comes easily to a writer and his soul is at peace with his surroundings. IF I were there then I would at least be able to at last look at my pain from a distance rather than having to live it as I wrote about it. Such a place would have allowed me to find the words of why I thought God in His infinite wisdom had seen fit for me to spend ten years of my life in a Bulgarian prison. But this is not my life. The worse thing about everything I have told you is that this is a never ending story of corruption. There are times where foreign citizens can’t visit with their families or unless for this that I did. of this first of a series of books requires understanding why the dead line Gene had given me or any deadline is for now a very real problem. for someone in my situation

Some of the Bulgarian officials reading this will no doubt say I am being unfairly harsh and also people reading this The atmosphere of any Gulag is one designed to maximize physical and psychological tension. The idea is to make you feel helpless and hopeless. This way may are made and . The sole purpose of which is to reate submissive repressive, even a modern day version like that of the Sofia Penitentiary where I now live and write the Bulgarian prison system. Most Bulgarian prosecutors and prison officials do not believe convicts can be rehabilitated. And Bulgarian politicians do not see the social benefit of financing the rehabilitation of convicts. designed to create submission to authority. fear media. rosecutors office. with here . Besides, how was t? I didn’t even know where to begin. And if I rushed things then there was no way I could do justice to that experience. Worse I didn’t know how to tell Gene that I didn’t have very much free time. I was sure that Gene like most people on the outside probably thought that all we convicts have is free time. My family sure did, particularly my wife Tracy and my dad Bob. Sometimes when asking me to write something or do a drawing they both often reminded me that I had more free time on the inside than people on the outside. Even the lawyers I had in Germany and Bulgaria would often make the same comment. But for a Canadian or any foreigner in a Bulgarian prison that time here is hard time. And there is nothing free about it, every convict paying a physical and emotional price. So, I had several real problems besides being in a Bulgarian prison ten thousand kilometres from my home in Vancouver. First, deciding how to go about writing something meaningful within the deadlines my publicist had given me. Second, was telling him how hard it is for a convict doing hard time to think clearly. All that’s on my mind and the minds of the other men with me are the wives and children we haven’t seen for years and on trying to find a way to get home. I’ve been separated from my wife Tracy and son Nicholas for ten years now and they are have been and remain the focus of my life. So someone having to do hard time in Bulgaria has to take some serious decisions on how he’s going to spend the next years or decades of his life locked up 23 hours a day with 100 men from 18 different countries. That is if he doesn’t want to lose his mind. And the mind is the first thing to go. Oh, we all look and act normal enough. But who can consider himself normal when he’s caged like an animal for 23 hours a day? Don’t understand. Well lock your dog up in a closet. Give him a television, a bowl of water and some food and you’d know what my life and the lives of the other 100 prisoners in Bulgaria is like. Worse, fatally so, is if you stay here long enough your health will eventually fail. I have seen more than my share of men driven quietly insane by this place. Some lose themselves to drugs. Others just act like small children. Unable to focus for more than a few minutes and seeking any form of diversion to make them forget where they are. that who have died here. Some having been here so long that they are lost and forgotten. ventually tfor being here. Unlike progressive thinking of Canada to pay for

each waking or sleeping moment in prison. It is a place not of peace but one of constant daily stress. Eventually that stress will first take your mind, then heart and for some their health and life. of this place eventua a filled with physical and emotional anxiety. The stress so great that ultimately it tips the balance.

So all that matters to you is fighting to find a way , particularly when you are a Canadian required to serve your time in a country like Bulgaria.

Here Canadians and other foreigners are as a policy discriminated against and everything is done to ensure the have no real rights under Bulgarian or international law. And Canada’s government has demonstrated that it could care something next to nothing at all about the treatment of naturalized Canadians in foreign prisons and whether or not Bulgarian officials are in fact observing the law or just doing lip service to it. This leads to a lot of frustration, and very quickly you and your family in Canada realize just how alone you really are. If you don’t help yourself then nobody is going to help you. And being alone created a dilemma for me or monumental proportion.. And for me it has resulted in a legal battle that the Bulgarian government finds unthinkable. Most Canadians are familiar with the Arar will and no doubt will agree that there would have been no parliamentary enquiry if Arar had stayed in that Syrian prison. If you are a Bulgarian reader thinking about becoming a citizen of Canada and don’t know that story then go to the last chapter of this book. There and see how Canada then Highly doubtful. Canadian believe that if he had been left in Syria . . and focused thought a convict To sit down and write is the Right now I’m sitting in front of a computer in my cell. It took me three years of frustrations, hunger strikes, written complaints and legal action before I finally got permission from the Bulgarian government to have a computer. Three years, it took another get them to allow It is a common misconception that men imprisoned and separated from their families and cultures would have a lot of free time. doing nothing except waiting for the next meal, phone call or visit. All of us have years of doing absolutely nothing to look forward to. with our lives. And if you think that that translates into free time well you’d be right again. But it’s not productive time, instead it is hours, days, weeks and seemingly endless years of looking for ways to forget the sense of loss and waste. hopeless . What there where the sole reason . thinks Gene was obviously of mcomplete a few months a story that had been evolving for years?

Finally, after a few frustrating weeks I accepted that the dead line Gene had given me of a few months was simply impossible for telling the whole story. There was no way, at least not for me. I just could not in a few months do justice to the whole story of how my family and I have struggled against the governments of two states, Canada and Bulgaria. Even now we are still struggling. Otherwise I would not be continuing to write from inside a Bulgarian prison. A place I remain only because Canada’s leaders can’t be bothered with the life and problems of one Canadian family. I am still in the hell my friend Gene so much wants me to describe. But the short Just too much had happened and there too much pain for me to write about. And there was no way I could exclude what happened to my family, our friends or the AIDS patients who relied on the medication we had patented. As for the few dozen by very vocal Bulgarian people who on national TV screamed and demanded I be hanged, well their tragedy is of their own making. They allowed reason and humanity to be blinded by financial desperation. The personal greed of a handful of mindless men and women whopping and screaming like chimpanzees in front of TV cameras destroyed whatever change there was to recover my life and the changes for the many who would publicly demanded I be hanged and the pot of money shared between them see me. Had reason prevailed I would not be here, no Bulgarian would have lost the invested money they so desperately wanted back and the world may have been given one more scientific bullet in the fight against AIDS. found . to those of loved. There was just to much there And a judicial and system designed to in psychologically and practical terms crush a man’s individuality and resistance, if asked why it was that almost everyone outside of prison things that the people inside have all sorts of potentially productive free time o There were a few problems with that, and the most obvious to me was that even hell loses its sting after a few years. And after ten years it’s just home. If I learned anything these last years it’s this. Human beings will eventual get used to anything, no matter how old they are or what social status they might once have had, each man adapting to the pain in his own way. And no matter how unbearable it was at first that pain will eventually just fade into the background to become a part of each day.. There was just one problem, after The indignities and torture I suffered. I understood his principle reason, audience and sales. Unfortunately this was just one story that I am not yet ready to tell. that particular story still has no ending. I am still in a Bulgaria prison, a place where the devil always wears a suit and a smile. And any demonstration of humanity towards a prisoner only self serving, no one of our Bulgarian mentors really gives a damn about me or anyone else in this place. What little humanity I and other prisoners see, when we see, is given up grudgingly. For years I have fought a trench war against the Bulgaria’s prison system and its courts. And any gains I have made are the result of years of struggle. have found trench warfare at its worst. the prison administrational and prisoners like me have . only a commodity

.shown to me or others here And it carries a price Worse, Gene wanted it, money or endless struggles with correct bureaucracies. sold and traded In the whole time I have been here During these exchanges Gene always that decided to insist on first writing about the untold story of how it was that I came to be here in the first place. I wanted to write about the calculated deceptions and outright lies told about me by my own government. How after my 1996 arrest in Germany Canada’s Ministry for Foreign Affairs pretended it wanted to prevent my extradition to Bulgaria but at the same time Canada’s Minster for Justice and Attorney General was doing everything in her power to make sure the German government placed me in Bulgarian custody. Something has been burning inside of ever Ever since I learned that Government of Canada is responsible for my being here Something inside of me kept saying and still says I have to explain this to the people of Bulgaria. They had to be told the truth. Not the one about their pocket books and the money that we all lost. they lost That most of what they read and heard about me was untrue. An invention . In particular I wanted to share events that ultimately lead to my being a political prisoner. I wrote this book not to entertain, but to educate. My last nine years in Bulgarian arrest facilities, prisons and before its criminal and civil courts has added little humour to my life. It has done virtually nothing to make me want to enrich anyone’s life with entertaining anecdotes about prison life in Bulgaria. There is nothing entertaining to be found in the years of separations from your wife and son, in having alone to bear the death of your mother and constantly to confront the fear of possibly never seeing each other again. There is also the constant and terrible frustration of knowing that except for your family and a few friends, and I mean count them on one hand few, nobody really cares if you live or die. Having lived through this has left me a dry shell that has become my life left for me to write about from this. Each day is spend in the struggle to find an all to elusive key that will open the door, not to my cell, but to the truth. learning of the not created in me much of a desire to entertain anybody. been entertaining, bit it has been educational.

Before the Honourable Members of Parliament and THE CANADIAN AND BULGARIAN PEOPLE

THE KAPOUSTIN REPORT CHARTER VIOLATIONS and UNLAWFUL ACTIVITIES of THE ROYAL CANADIAN MOUNTED POLICE and THE ATTORNEY GENERAL OF CANADA

THE CASE OF MICHAEL KAPOUSTIN AND

THE REPUBLIC OF BULGARIA THE MALICIOUS FOREIGN PROSECUTIONS AND TORTURE OF CANADA’S CITIZENS

THE SUBJECT OF THIS REPORT IS A PRIVATE CITIZEN’S UNSOLICITED EXPOSE INTO A LEGISLATIVELY UNREGULATED CULTURE OF DISINFORMATION AND SECRET FOREIGN COMMISSIONS OF THE ROYAL CANADIAN MOUNTED POLICE INTERNATIONAL LIAISON AND FEDERAL EXECUTIVE SERVICES AND THE ATTORNEY GENERAL OF CANADA WHEN REQUESTING FOREIGN POLICE AND PROSECUTION OFFICIALS OBTAIN INFORMATION BY ARRESTING, PROSECUTING AND PERMITTING THE COERCIVE QUESTIONING AND TORTURE OF CITIZENS OF CANADA. THE REPORT DOCUMENTS BEFORE THE HONOURABLE MEMBERS OF THIS PARLIAMENT ANOTHER CASE SIMILAR TO THAT OF THE MUCH PUBLICIZED ARAR CASE INVOLVING THE UNITED STATES AND SYRIA. THE PRESENT CASE INVOLVES THE REPUBLIC OF BULGARIA BULGARIAN COURT DOCUMENTS ESTABLISH THE ROYAL CANADIAN MOUNTED POLICE INTERNATIONAL LIAISON AND FEDERAL EXECUTIVE SERVICES AND THE ATTORNEY GENERAL OF CANADA AS HAVING ACTED TO INTENTIONALLY COMPROMISE THE PROFESSIONAL ETHICS AND INTEGRITY OF BULGARIAN POLICE AND PROSECUTION OFFICIALS. THE RCMP PRESENTED TO BULGARIAN AUTHORITIES MANUFACTURED FALSEHOODS AND MISREPRESENTED UNVERIFIED CANADIAN POLICE SUPPOSITIONS FACTS AS IF FACT. THE DECEITS OF THE RCMP WERE SHIELDED BEHIND AN OFFER OF MONEY AND WORDS OF TRUST VERBA PRECARIA THIS MALICIOUS CRIMINAL PROSECUTION OF KAPOUSTIN WAS LATER SANCTIFIED BEHIND THE MANTEL OF CANADIAN GOVERNMENT SOVEREIGNTY AND A SECRET CROWN INDICTMENT OF KAPOUSTIN . IN BOTH THE KAPOUSTIN AND ARAR CASES THE EXTRADITING STATES ARE ADVISED BY CANADIAN AUTHORITIES THAT CANADA HAS NO INTEREST IN REPATRIATING ITS OWN [NATURALIZED] CITIZENS. IN THE KAPOUSTIN CASE, COURT DOCUMENTS REVEAL THAT THE CROWN’S PROMISE OF MONEY TO BULGARIAN AUTHORITIES WAS MADE SOLELY IN EXCHANGE FOR A BULGARIAN GOVERNMENT AGREEMENT TO ARREST, QUESTION, PROSECUTE AND CONVICT A CITIZEN OF CANADA, KAPOUSTIN . IN ITS SECRET CORRESPONDENCES WITH BULGARIAN AUTHORITIES THE CROWN NEVER EXPRESSED ANY CONCERN OVER ITS CO-OPTING BULGARIAN GOVERNMENT COOPERATION WITH A PROMISE OF A CASH REWARD. WHEN COMMUNICATING WITH KAPOUSTIN FAMILY MEMBERS THE CROWN GAVE NO HINT OF ITS DIRECT COMPLICITY IN THE PHYSICAL AND PSYCHOLOGICAL TORTURE OF A CITIZEN OF CANADA OR OF THE INFORMATION IT SOUGHT FROM KAPOUSTIN. THE OBJECT OF THIS REPORT IS TO PRECIPITATE FURTHER ENQUIRY INTO THE ALLEGATIONS MADE HERE AND OF A POSSIBLE LEGISLATIVE GAP, LEGES LACUNA, WHICH PERMITS SERVANTS OF THE CROWN TO [IN SECRET] VIOLATE THEIR CHARTER COVENANTS AND PRE-EXISTING POSITIVE LEGAL OBLIGATIONS TO CITIZENS OF CANADA WHO WORK OR TRAVEL ABROAD. AND PERMITS THEM TO DO SO WITHOUT FEAR OF ACCOUNTABILITY BEFORE CANADIAN JUSTICE.

Written Comments Prepared by: Dr. Donald Kommers, Science and Professor of Law Notre Dame Law School, Tom Messner, law student intern Notre Dame Law School et al,

PREFACE To the Honourable Ladies and Gentlemen Members of Parliament,

I have written and compiled this report from inside a Bulgarian prison cell. Bringing this report before members of Parliament would have been impossible if it were not for the assistance I received from Dr. Donald Kommers and other members of the law faculty at Notre Dame Law School and law students like Tom Messner and the other fine future alumni of Notre Dame who gave so much of their time in helping me. The report’s Author is the victim of the practices he documents. As a citizen of Canada, the Author believes the conducts documented in the report are unlawful and have directly derogated from his Charter rights and protections. Legal and Moral Questions in the Report Is there a systemic wide practice within the Office of the Attorney General of Canada and the RCMP to presume as guilty any naturalized citizen of Canada suspected of a crime? Should a presumption of guilt allow a Crown agency to secretly make oral and written requests for foreign police to arrest, detain, extradite or deport a citizen of Canada alleged to be a former national of the requested state? Are naturalized citizens of Canada being maliciously prosecuting at Canada’s request by foreign states in the name of Canada’s national security and for the greater Canadian social order and public good? Are the Attorney General of Canada and the RCMP, unfettered by Charter covenants and pre-existing positive legal obligations to naturalized Canadians who work or travel abroad? Are “well meaning” secret Canadian police activities desirable even when having an undesirable fascist overtone? Why is this Report Presented to Parliament by the Family and Friends of a Citizen of Canada Incarcerated in the Republic Of Bulgaria? This Report should have been compiled and presented by self-regulating agencies of the Crown. However, each such agency has refused all requests to investigate itself.

Despite years of effort, no agency of the Government of Canada was ready to assist this Author or his family in exposing the truth or in defending the Author’s legal and fundamental rights in Canada or abroad. For more than eight (8) years the Office of the Minister of Foreign Affairs demonstrated only an unwillingness to act on irrefutable documents proving that the Author’s arrest, prosecution and torture in the Republic of Bulgaria are directly attributable to agencies of the Crown. The Royal Canadian Mounted Police International Liaison and Federal Executive Services and the Attorney General of Canada having undertaken to intentionally cause the Author and his family public humiliation, emotional and physical harm and the loss of their dignity and property. Unable to secure any form of assistance from federal government agencies and lacking the resources to retain attorneys, the Author, as a citizen of Canada and victim of Canadian police abuses, was forced to submit this written disclosure to Canada’s elected officials in the hope they might engage themselves in an investigation as to why this has happened to the Author and other Canadians. As a result, the Report is presented to the Honourable Ladies and Gentlemen Members of Canada’s Parliament by the victim, his family, a close circle of friends, sympathetic Members of Parliament and a few professionals who have assisted the Author. The hoped for result? That the Honourable Members of Canada’s Parliament will put an end to practices that will cost Canadian tax payers millions dollars in lawsuits because they are unethical, inconsistent with Canada’s Constitution and prove to be morally wrong when causing citizens of Canada to unlawfully and needlessly suffer malicious prosecutions, and physical and psychological tortures in foreign states at the request of their own government, Canada. This Report will prove the root cause for the Author’s being imprisoned in Bulgaria and his having to remain there to be Crown agencies. The same agencies appearing less than enthusiastic when pursuing bringing the Author and other Canadians like ARAR, SAMPSON and OLIVIER out of misery and back to the safety of Canada. May be the Members of Parliament will do what Canada’s foreign affairs ministry refuses to do and succeed where it has failed, the repatriating of the author from Bulgaria and after nearly nine years finally reuniting him with his family in Canada. Similarities to the ARAR Incident The Author’s Report asserts that the MAHER ARAR incident in the United States and Syria of 2002 and that in 1996 of the author, MICHAEL KAPOUSTIN in Germany and Bulgaria, the latter documented here, are neither isolated nor occurred within an official vacuum. Canada’s Minister of Justice and Attorney General and Canada’s Department of Foreign Affairs and International Trade had to have known, or had a duty to know that senior

Crown servants at the RCMP INTERNATIONAL LIAISON AND FEDERAL EXECUTIVE SERVICES BRANCH in Ottawa are in the practice of profiling naturalized citizens of Canada and engaging foreign police in their arrest and criminal prosecution on Canadian criminal indictments. Senior Crown officials pursued a singular purpose of securing information allegedly for a Canadian criminal investigation. To secure that information the Crown knowing employed illegal and unconstitutional means in scienter with and relying on inhumane interrogation techniques not permitted in Canada. The KAPOUSTIN and ARAR incidents respectively involve the Bulgaria and Syrian police. Each of these foreign police agencies had not conducted a prior separate and independent criminal investigation of either KAPOUSTIN or ARAR. Instead they acted solely upon secret requests. The criminal indictments and the police facts are prepared in Canada by the Crown and delivered in secret through Canadian embassies. These elements are common to the KAPOUSTIN and ARAR incidents and the methods and means used by the RCMP INTERNATIONAL LIAISON AND FEDERAL EXECUTIVE SERVICES BRANCH in Ottawa are well thought out and clearly premeditated in character as follows. KAPOUSTIN and ARAR are identified, and profiled as undesirable foreign nationals having acquired Canadian citizenship. When leaving Canada they are targeted by senior Crown servants at the RCMP and the Office of the Attorney General of Canada in Ottawa. The matrices KAPOUSTIN and ARAR have the common factual fundamentals (1) there is a Canadian police investigation that while unrelated to the two men is some how indirectly connected to them; (2) the Crown has made an unverified supposition that the two men have information believed to be necessary to the Canadian police investigation; (3) both men regularly travel and work abroad; (4) in each case there are insufficient facts for the Attorney General of Canada to issue international arrest warrants for either KAPOUSTIN or ARAR; (5) the Crown takes special notice of the fact that both men are naturalized Canadian citizens whose families escaped oppressive and brutal political systems while both were children, Bulgaria and Syria respectively; (6) the Crown knows both men and their families to have secret police dossiers in the countries of their birth. The families of these men are viewed by the secret police of these countries as de facto criminals, Bulgarian and Syrian police viewing with suspicion the activities of escapees or émigrés; (7) the RCMP and the Attorney General of Canada take notice of Bulgarian and Syrian suspicions and make a calculated decision to circumvent Canada’s judicial system, the Charter, Interpol and Canada’s Minister of Foreign Affairs by directly contacting the secret police services in the countries of their birth, respectively Bulgaria and Syria, (8) the Crown knows of and in fact relies on the notorious and internationally recognised fact that neither Bulgaria or Syria are likely to subject Crown police facts, accusations or a Crown criminal indictment to any proper legal test before agreeing to arrest citizens of Canada that the Crown alleges to be in the case of KAPOUSTIN a previously convicted international criminal and of ARAR, a known terrorist; (9) Crown servants then proceed to contact

Bulgarian and Syrian police and prosecution officials and communicate to them what are nothing more than calculated and maliciously manufactured falsehoods and misrepresented or unverified Canadian police facts presented by Crown servants as if the result of proper police work in Canada; (10) these Crown slanders are communicated with the singular purpose of creating official and public enmity towards KAPOUSTIN and ARAR, sufficient to cause their arrest, detention, extradition/deportation, questioning, torture and possible convictions; (11) the Crown reduces its slanders to a series of libels in secret Crown indictments and communications delivered directly to the police of Bulgaria and Syria. In these the Crown is formally requesting the arrest and prosecution of KAPOUSTIN and ARAR; (12) the Crown identifies to Bulgarian and Syrian police the information it needs from KAPOUSTIN and ARAR and believes can be obtained by Bulgarian and Syrian police interrogators; (13) to obtain this information the Crown is relying on Bulgarian and Syrian interrogation techniques that it knows to be degrading, brutal, inhumane and unlawful in Canada; (14) the Crown requests Bulgarian and Syria prosecutors issue international arrest warrants for KAPOUSTIN and ARAR; (15) Bulgarian and Syrian police and prosecutors prepare their international warrants using the near exact wording of the Crown indictments against KAPOUSTIN and ARAR; (16) KAPOUSTIN is detained in Germany and ARAR in the Untied States; (17) both men fear for their lives, and their families plead for Canada Foreign Affairs to forcefully intervene on their behalf and ensure they are not extradited or deported to the countries of their birth, Germany and the United States both know that there is no judicial supervision over police or prosecutors and that KAPOUSTIN and ARAR will be subjected to inhumane treatment, and tortured during their respective detentions in Bulgaria and Syria; (18) unknown to the families of KAPOUSTIN or ARAR, is the fact that the Crown is responsible for their arrests and is secretly pressing Germany to extradite KAPOUSTIN and the United States to deport ARAR to the countries of their birth; (19) both men are profiled by the Crown to German and American authorities not as Canadians but as a Bulgarian and Syrian national attempting to hide behind Canadian citizenship and law to avoid facing justice in the countries of their birth. For this reason German prosecutors and judicial authorities incarcerate KAPOUSTIN with other Bulgarians national. ARAR is considered a Syrian and not Canadian citizen by immigration and police agencies of the United States. His request to be deported Canada refused; (20) German courts are provided manufacture facts and misleading Canadian police data on KAPOUSTIN through Bulgaria’s Prosecutor General; (21) in the ARAR incident, United States immigration officials arrest ARAR on secret Canadian police data; (22) in the KAPOUSTIN incident as documented here, officials of Germany are told Canada is not interested in repatriating KAPOUSTIN and to go ahead with extradition to his “place of birth”, Bulgaria. The same occurs, mutatis mutandis, in the ARAR incident. The Author’s Report cites a number of official public statements made by Bulgarian police and prosecution officials. These support the Author’s anecdotal evidence that in 1996 the Royal Canadian Mounted Police and the Minister of Justice and Attorney General of Canada advised German and Bulgaria authorities that Canada was not

interested in the return of KAPOUSTIN to Canada. The same occurs in the ARAR incident. The extradition of KAPOUSTIN is surprising only in the fact that it occurred at all and notwithstanding that German and Canadian officials knew or had a duty to know the following. That the overwhelming public enmity created by the Crown against KAPOUSTIN and the nature of the accusations against him would lead to serious abuses, including torture. Bulgarian police brutality and the lack of official accountability are internationally well documented and known to officials of both Canada and Germany. The lack of judicial supervision over arrests and detentions was also known to the governments of Canada and Germany, both knowing Bulgaria to have no law for judicial control of habeas corpus. These elements provide prima facie cause for the Members of the Parliament to serious consider the claims of this Author that the governments of Canada and Germany both knew the Author would be subjected to brutal treatment once arriving in Bulgaria, and this notwithstanding Bulgarian promises to the contrary. The physical and psychological torture of KAPOUSTIN is a notorious public fact appearing through out the Bulgarian media in 2000 and reported to the criminal trial court. As is the fact of the Author spending more than two years in solitary confinement and more than three years before his arrest and detention was reviewed by a court. Yet, knowing this Germany proceeded and Canada failed to protest the extradition of KAPOUSTIN . In fact the alternative is true, Canada lobbied for the extradition of KAPOUSTIN . The Consent And Insistence Of The Government Of Canada That Germany Extradite KAPOUSTIN Is An Inevitable One. and the only logical conclusion to evolve from the evidence of Crown agencies and servants having invested time in securing the agreement of Bulgarian police for the arrest and prosecution of KAPOUSTIN in Bulgaria on the information found in the Crown’s July 7th 1995 written indictment against KAPOUSTIN . The KAPOUSTIN and ARAR incidents each demonstrate to the Members of Parliament how police and prosecution officials of the United States, Germany, Syria and the Republic of Bulgaria have had their integrity compromised by what now appears to be the unwarranted internationally credibility and reputation of Canada’s Royal Canadian Mounted Police. Never did Germany, Bulgaria, the United States or Syria subject the Crown’s requests and indictments of KAPOUSTIN and ARAR to any proper legal tests before allowing for their arrests and extraditions.

However, in the fullness of time these secret Crown indictments of these two naturalized citizens of Canada are each proved to be maliciously false criminal allegations, and nothing more than fabrications or at best libellous misrepresentations of fact presented under the guise and mantel of official police work. KAPOUSTIN and ARAR are cleared of the original criminal accusations as presented in the secret Crown indictments against them. It was the Crown, and not Bulgarian or Syria who sought their arrests, extraditions, questioning and torture and it is the Crown who should share responsibility with those foreign states having acted on its information. The Crown promises Bulgarian police a cash reward for arresting, prosecuting and convicting KAPOUSTIN . Unlike ARAR, the case of this Author has continued for more than nine (9) years and failed to end with the 1998 withdrawal of Crown involvement in the Bulgarian prosecution. Why? The answer can be found in the Crown’s promise of a cash reward as documented in the Crown indictment against KAPOUSTIN . Bulgarian police and prosecutors were promised millions of dollars as a reward for the prosecution and conviction of KAPOUSTIN in Bulgaria. Quoting from the indictment the Crown writes that it would be “relatively easy” for Bulgaria to prove the proceeds of KAPOUSTIN ’S crimes as having been deposited in Canadian banks. To this day Bulgaria’s Prosecutor General, the Government of Bulgaria and the Bulgarian public remain convinced by the 1995 Crown indictment and its representations that there are millions of dollars deposited by KAPOUSTIN in banks of Canada, the Crown alleged the money as having been taken out of Bulgaria. The continuing Bulgarian government belief in the Crown’s official deceit is well documented in recent written and oral communications between the Canada’s Department of Foreign Affairs and International Trade and officials of Bulgaria’s Ministry of Justice, Minister’s Anton Stankov and Mario Dimitrov. Also, the Prosecutor General of Bulgaria D. Filchev has made the repatriation of KAPOUSTIN to a Canadian prison contingent on Canada or KAPOUSTIN delivering these millions of dollars as promised to Bulgaria in 1995 Crown indictment. The Bulgarian government also insisting that KAPOUSTIN not pursuing his civil and human rights claims of malicious prosecution, wrongful arrest and illegal conversion of private property by the State of Bulgaria. Crown Agencies and Servants Acted in a Calculated Fashion to Create an Atmosphere of Intense Official and Public Enmity Against the Author.

Crown agencies and servants informed Bulgarian police and prosecutors that the Author was inter alia “well known in Canada and had prior convictions for the molestation and raping of children”. This together with other maliciously untrue slanders and libels are repeated to other Bulgarian officials and are later reproduced in the Bulgarian mass media. Until 1999, the Author considered such the Bulgarian media reports to be false, neither the Author nor his family believing claims of Crown involvement in his arrest and extradition from Germany. The Author and his family also gave no credence to the Bulgarian media reports and statements of Bulgarian police and prosecutors that Canada Foreign Affairs had advised German and Bulgarian authorities that Canada was not interested in the repatriation of the Author, a Jew and naturalized Canadian. The Author and his family considered such media reports as nothing more than the result of a yellow Bulgaria press and a too fertile imagination. Bulgarian police investigators and prosecutors, to give added credibility to their groundless allegation claiming Canadian police involvement. The Author learned the truth in April of 1999. Crown Complicity in the Author Arrest and Prosecution is established During the Course his Criminal Trial in Bulgaria. During the course of the Author’s criminal trial, Bulgarian prosecutors presented the trial court with Bulgarian language copies of the secret Crown indictment of the Author as presented to Bulgarian police in July of 1995. Also, in court the Author is shown copies of numerous faxed requests of the Crown to Bulgarian police for information to be secured from the Author while he was still isolated in solitary confinement. The Author’s personal records from his 1996 to 1998 solitary confinement show he was questioned and beaten almost immediately after each such Crown request was faxed to Bulgarian interior police. The secret Crown indictment, the faxed communications and the Crown acting in secret scienter with Bulgaria’s Ministry of Interior police appears as part of the criminal trial record of the Author. It was then that the Author and his family were forced to accept as true the Crown’s direct involvement in having him criminally charged, arrested and extradited to Bulgaria. By not acting to prevent the Author’s extradition by Germany to Bulgaria and by persisting in repeated faxed demands that information be obtained from the Author, the Crown, by its silence and continued participation, was consenting to unlawful detention and torture of a citizen of Canada.

During course of his criminal trial, the Author also learned from the Bulgarian Ministries of justice and foreign affairs that no letters rogatory were issued by their Minister to Canada’s Minister of Foreign Affairs or Minister of Justice requesting legal assistance in a criminal investigation of the Author. From this fact one might conclude that the Crown’s involvement and its evidence before a Bulgarian criminal court are unsolicited offers to Bulgarian Ministry of Interior police. The Royal Canadian Mounted Police International Liaison and Federal Executive Services and the Attorney General of Canada having volunteered assistance, information and made a promises of money in exchange for the Bulgaria arrest, prosecution, questioning and conviction of a citizen of Canada. Understandably the Author and his family began filing complaints with Canada’s Department of Foreign Affairs and International Trade and Minister of Foreign Affairs in Ottawa. In March Of 2001 the Author Received A Sentence Of 23 Years at Hard Labour for an alleged Embezzlement of Private Corporate Funds Belonging to the Author’s Company. The Honourable Members of Parliament will learn that no protests were filed with Bulgaria against an unreasonable and unjust 23 year sentence and conviction on a new accusation. The charge and accusation of embezzlement of private corporate funds different from the one presented in Bulgarian extradition documents to Germany of the Author having embezzled public funds. In fact, Canada’s Department of Foreign Affairs and International Trade suggested to the Author and his family that he not appeal his 23 year sentence or conviction. An appeal could take a year or more where in that same time he could be transferred to Canada. The Author rejected this advice principally because he did not trust the promises of Bulgarian prosecutors. The Author was acquitted in late 2001 by the Court of Appeal but charges were altered and he was sentenced to 9 years on a new accusation of fraud. This was later overturned by the Bulgarian Court of Cassation at the request of the prosecution. At the Author’s second trial by the Court of Appeal he was again acquitted but again the charges were altered and he was sentenced to 17 years on a new accusation of embezzlement, this without any element of fraud. The Author appealed. From March 2001 to October of 2002 the Department of Foreign Affairs and International Trade repeatedly requested the family of the Author to convince him to drop his continued appeals and to discontinue his civil and human rights complaints against the government of Bulgaria and a member of the Royal Canadian Mounted Police.

The Department of Foreign Affairs and International Trade shows the Author and his family Bulgarian Letters Rogatory and minutes of consular meetings where Bulgarian officials promise that the Author’s transfer to a prison in Canada would be expeditious and imminent once the conviction was final. The Department of Foreign Affairs and International Trade wanted the Author to capitulate and accept the Bulgarian sentence. By dropping his appeals the Author’s sentence could become final and he could to be transferred. This was clearly taken to mean that when the Author stopped appealing his conviction and accepted its inevitability he could expect to be transferred. Canada’s Department of Foreign Affairs and International Trade had no desire to confront Bulgarian or Germany government officials with the Author’s complaints or to forcefully insist on his legal rights according to the terms of the Author’s extradition from Germany in 1996, preferring instead to satisfy unreasonable Bulgarian demands. Regrettably, the Author and his family accepted the advice and direction of Canada’s Department of Foreign Affairs and International Trade and in October 2002 the Author withdrew his Appeal before the Bulgarian Court of Cassation. The Honourable Members of this Parliament will discover that the Author and his family had made a serious mistake trusting officials at Canada’s Department of Foreign Affairs and International Trade who negligently or intentionally has misrepresented the intentions of the Bulgarian State. Is There A Cover Up? Objectively, it is only the Honourable Ladies and Gentlemen Members of Parliament who can eventual find the answer to this question. However, there is some evidence to suggest this to be the true in both in the Author’s case and that of ARAR. In late 1999 and early 2000, the Author’s family was contacted by a journalist from the Globe and Mail who had learned of the secret Crown indictment of the Author. The story on the Author and Crown complicity in his arrest and torture was later killed by an Editor for the Globe and Mail, even after several months had been invested in their research of the Author’s claims. The reason given the Author and his family by the Globe journalist was that his Chief Editor had contacted senior officials at the Royal Canadian Mounted Police International Liaison and Federal Executive Services and the Attorney General of Canada. The Globe was asked to not proceed with the story. According to the Canadian police information given the Globe, the Author was, according to Canadian police sources, “guilty and not worthy of public sympathy”, so the Globe complied and never published the story. Did the Crown have Fundamental Charter Obligations to KAPOUSTIN and ARAR as Citizens of Canada Traveling or Working Abroad?

It is the Honourable Members of Parliament who will draw their own conclusions from the events documented in this Report and the claims before Canada’s parliament and courts both by the Author in 2001 and recently Mr. ARAR in 2004. But, if the cases of KAPOUSTIN and ARAR establish anything before this Honourable Parliament and the people of Canada at all then it is this; that servants of the Crown feel no obligation or sense of accountability towards citizens of Canada when they travel or work abroad. In preparing this Report the Author concluded there to be three fundamental obligations to him and other citizens of Canada that were beyond ethical or legal controversy. First, that Crown agencies and servants have the ethical obligation of protecting citizens of Canada. Second, that Crown agencies and servants have the legal obligation to observe the laws of Canada and its Charter protections. Third, that such are these ethical and legal obligations of Crown agencies and servants that they do not fall away once a citizen of Canada leaves the territorial boundaries of Canada. However, from these there emerges a singular a priori, that there exists an ethical and legal duty for Crown agencies and servants to first and above all else protect the rights and serve the interests of Canada’s citizens. Protect and Serve the Citizens of Canada, the A Priori of the Author’s Report. In the absence of such an a prior the complaints of the Author and this Report become moot. The rules of official conduct, civil protections enacted under Canada’s national law and the oath taken by Crown servants do not come with territorial limitations. The same laws and the oath that binds servants of the Government in Canada must also bind them outside of Canada. Oaths and Canada’s national laws, in particular the Charter, have no caveats limiting Crown servants to ethical conduct and observing the Charter rights of citizens only when in acting against citizens in Canada. That is not to say that the interests of international comity between democratic societies, and the common social order and good are to be subordinated according to ones citizenship, the rule of law demands otherwise. The Author never expected in his case that officials of the Republic of Bulgaria would observe his Canadian Charter or due process rights according to Canadian law.

However, he did expect members of Canada’s Royal Canadian Mounted Police, the Department of Foreign Affairs and International Trade and other Crown servants to observe the Author’s Charter rights and freedoms as well as their individual ethical and legal obligations as Crown servants to citizens of Canada beyond the boundaries of Canada, even for a naturalized Jewish Canadian. Regrettably, it was in 1999 that this Author first learned a valuable and disappointing lesson. Being a citizen of Canada provided no protection from Canadian police abuses and malicious prosecutions once you leave Canada. ARAR learned the same lesson in 2002. According to the documented experiences of this Author and MR. ARAR, the rights of c citizen of Canada to due process, repatriation and other rights taken for granted by Canada’s citizens are therefore, in order of practice unavailable to naturalized Canadians outside of Canada. The Royal Canadian Mounted Police International Liaison and Federal Executive Services and Attorney General of Canada are treating naturalized citizens of Canada as de facto nationals of foreign states and not as Canadians. The Author also believes his case and that of ARAR are anecdotal evidence of a culture of Anti-Semitic and Anti-Islamic ethnic profiling within the Royal Canadian Mounted Police International Liaison and Federal Executive Services and Attorney General of Canada. Religion, ethnic and national origin playing a key role in the decision making practices of Crown agencies. The first such anecdotal evidence appears in 1996 when the Crown requests Bulgarian authorities to criminally prosecute the Author as a Bulgarian and German police to profile the Author as a Bulgarian and not Canadian national. The Crown and German authorities knowing KAPOUSTIN to be a Jew born in Bulgaria of Russian parents who arrived in Canada when he was aged 4 in 1956. It is on the foundation this ethnic profiling of naturalized Canadians and a secret Canadian indictment of KAPOUSTIN presented under the pretext of a Bulgarian arrest warrant that the Author was detained and extradited by Germany to Bulgaria. Both Canada and Germany knew in advance that KAPOUSTIN would be prosecuted in Bulgarian on the Canadian indictment but denied the protections of Canadian law against malicious prosecution, unlawful detention and torture once he was placed in Bulgarian police custody. Did ARAR Suffer The Same Prejudices In 2002 As KAPOUSTIN In 1996 and Is the ARAR Case An Addition Source Of Anecdotal Evidence For This Author’s Report?

From what the Author has researched, it appears the Crown asked Syrian authorities to prosecute ARAR as a Syrian and American authorities to profile him as a Syrian and not Canadian national. The Crown and American authorities knowing ARAR to be Moslem man born in Syria and coming to Canada at the age of 14. Again, it is on the foundation of a secret Canadian indictment of ARAR and under the pretext of his prior Syria nationality that ARAR is detained and extradited/deported by the United States to Syria. He, like KAPOUSTIN , would be prosecuted on a secret Canadian indictment but denied the protections of Canadian law against malicious prosecution, unlawful detention and torture. Something the governments of Canada and the United States knew in advance of placing ARAR in Syrian custody. Are these mere coincidences and isolated incidents having occurred in a vacuum or are they evidence of a newly uncovered secret policy within the Royal Canadian Mounted Police International Liaison and Federal Executive Services and Attorney General of Canada? So Should the Charter’s A Prior extend Beyond the Territorial Limits of Canada? This appears to be in dispute. The Royal Canadian Mounted Police International Liaison and Federal Executive Services have remained silent on the issue as has the Attorney General of Canada, that notwithstanding a number of complaints filed by the Author and his family. Such a silence is interpreted by the Author as meaning that in practice, if not in principle, his Charter protections or other legal rights as a Canadian citizen do not exist or do apply to Crown servants whenever a citizen leaves Canada. The Attorney General of British Columbia, in a letter to the Author, had written that such rights as exist under Canada’s laws are available to him but only when he is physically in Canada and do not apply to him when he is outside of Canada. The Department of Foreign Affairs and International Trade has repeatedly insisted to the Author and his family that rights according to Canadian law do not exist outside of Canada. It the national law of foreign sovereign states that determine the rights of Canada’s citizens who live or work abroad. The Author found the reasoning offered him by officials of the Department of Foreign Affairs and International Trade and the Attorney General as only partially true. The complaints of the Author and his family have always concerned the rights and obligations of Crown agencies and servants according to Canadian law, and not the rights and obligations of the servants of foreign states. The official malfeasances, misconducts and derelictions of duty under Canadian law and as complained of to the Department of Foreign Affairs and International Trade and

the Attorney General of Canada are those of Crown agencies and servants, not foreign agencies, instrumentalities or officials. The report also documents before the Honourable Members of Parliament the written and oral communications of Canada’s Department of Foreign Affairs. The wording of these correspondences to the Author and his family overwhelming suggest that Crown servants are routinely withholding information on the secret commissions against citizens of Canada given by the Crown to foreign police. Such correspondences, when examined against the matrix of documented facts, particularly in the KAPOUSTIN case, collectively provide prima facie evidence of a practice of deception among officials within Canada Foreign Affairs. There is no doubt that the Canadian citizens KAPOUSTIN and ARAR have been lied to and their families deceived by feigned assistance from one agency of Canada, foreign affairs, while other agencies of Canada, the RCMP and Attorney General, are secretly acting in scienter with foreign police to have the same citizen of Canada arrested, extradited or deported and criminally prosecuted in a foreign state. The KAPOUSTIN , ARAR and SAMPSON cases are before the Honourable Members of Parliament and each document separate incidents of how representatives of Canada’s embassies and consular services in and outside of Canada insulate themselves from the suffering of Canada’s citizens who are incarcerated in foreign prisons. Both cases shown the common elements of an insular Canadian government whose inaction and indifference to the injustice and injures caused citizens of Canada is second only to the unconscionable acts and secret commissions of the RCMP and the Attorney General of Canada. Is There an Official Culture of Insulation and a Policy of Appeasement within Canada’s Department Of Foreign Affairs And International Trade? That Canada’s Department of Foreign Affairs and International Trade has no concrete mandate to proactively pursue the complaints of Canada’s citizens against agencies, instrumentalities and officials of foreign states is established fact. Here, Canada’s citizens are to fend for themselves and expect little to no support from foreign affairs. In the Author’s case no Canadian consular official was ever willing or prepared to confront a foreign official with the serious complaints of corruption, attempted extortions, physical and psychological torture and malicious prosecutions. The same appears to be true in the cases of ARAR and SAMPSON. Instead, officials at the Department of Foreign Affairs and International Trade in Ottawa actively insulate themselves from confrontations with foreign officials.

The official Crown correspondences linked to the KAPOUSTIN case provide direct evidence of this official Canada foreign affairs policy and practice of never confronting a foreign state with the crimes of its officials, no matter how well documented. Officials at Canada Foreign Affairs prefer the simple and pat answers of slick and deceitful foreign police, prosecutors and government officials to the complex facts and statements of citizens of Canada. However, officials at Canada foreign affairs never once hesitate to forcefully confront Canadian families and to instruction then in pressing their loved ones to subjugate their individual and human rights in exchange for gaining the cooperation of foreign officials. There is only one appropriate description here for this Canadian foreign policy, appeasement. The cooperation of foreign officials is accomplished by Canada foreign affairs at the expense of the treasure, honour and dignity of the Canadian families who often pay in blood and suffering to gain that cooperation. The corruption and brutality suffered abroad by Canada’s citizens is apparent in the ARAR and SAMPSON, thankfully the suffering of these two Canadians has ended. However, the case of this Author (KAPOUSTIN ) continues to drag on beyond into its ninth year (9) year with no end in sight. Obvious to anyone reading this Report is the fact that officials in Ottawa find it easier and much less work to accept plausible lies from foreign officials than the truth from citizens of Canada. To believe a citizen of Canada requires real work and a full investigation into their painful complaints. Apparently, such investigations are to be avoided at all costs, they require time, money and real effort, the excuse? An overwhelming case load of citizens needing help. So Ottawa has left all such confrontations to the families of the Canadian citizens being tortured and wrongly prosecuted, and to any member of Canada’s parliament who agrees to help even when it is at Canada’s request. What does appear to be a Canada foreign affairs policy mandate is documented in this report as the clear and ever present directive for officials at the Department of Foreign Affairs and International Trade to confront and distress Canadian families. Leaving foreign officials alone and able to continue their abusing and torturing of citizens of Canada. Crown Agencies And Servants, Particularly Officials At Canada’s Department Of Foreign Affairs And International Trade And The Office Of Canada’s Attorney General, Have A Tendency To Consider Naturalized Citizens Of Canada As Plebeian And So Give No Credence To Their Complaints And Allegations Of Wrongdoing And Injury Suffered At The Hands Of Canadian And Foreign Police.

Despite being plebeian, the Author did sometime ago make the required legal distinction between what is an act de jure imperii and an act that is de jure gestionis and what is actionable or not actionable in Canada according to Canadian law or is a right and obligation according to the Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 331, entered into force January 27, 1980 and actionable only before an international tribunal. The Author and many other Canadian families are being repeatedly and incorrectly advised by the Department of Foreign Affairs and International Trade Ottawa that international treaties are not legally binding on Canada’s bi-lateral or multi-lateral partners. That there is no recourse for the Government of Canada against those foreign states refusing to observe or reasonably apply their treaty commitments to Canada. This is simply not true; it is instead a matter of a Canadian government policy of noninvolvement and not a matter of Canadian or international law. There are courts of international jurisdiction that provide venues for treaty complaints, the fact that the Government of Canada avoids such venues has no relationship to the jurisdiction of such venues over those Contracting States who have agree to accede to their judgments. A malicious foreign prosecution at the request of the Crown provides the necessary legal causa causans for jurisdiction in Canada and the Crown to act against those Crown servants and agencies responsible for official malfeasances and criminal slander and libel committed against KAPOUSTIN in the name of the Crown. Also, the treaty violations of Bulgaria’s prosecution and courts in sentencing KAPOUSTIN on an accusation not part of the German extradition agreement also provides Canada legal causa causans to claim against Germany and Bulgaria on behalf of KAPOUSTIN before international tribunals. However, what the Author has documented is the alternative to Crown servants helping defend the rights of citizens of Canada. The Department of Foreign Affairs and International Trade in Ottawa routinely requests citizens of Canada to subordinate their legal rights and interests to the political, financial and personal interests of foreign officials and agencies in foreign states. In the KAPOUSTIN case officials at the Department of Foreign Affairs and International Trade in Ottawa never once trusted as true the complaints of this Author or his family. Instead foreign affairs officials prefer and accept as true the words of the very foreign officials who ordered the torture of this Author and his trial and conviction on an unproven allegation of having embezzled private funds from a company whose property he controls and owns by virtual of his legal right as its sole shareholder. The elements of the Bulgarian accusation of embezzlement brought against the Author in Germany do not contain the same elements as those found in his conviction. The

acteus reus identified in the Bulgarian conviction of the Author do not continue any element of deception or fraud and so could constitute the crime of embezzlement according to German national law. It is not a crime in Germany or Canada too lawfully transfer private money to a foreign company with the consent of the owners and management of the company having lawful acquired patrimony and disposition over the money that is to be transferred. As a result, the new Bulgarian charge of embezzlement as brought against the Author in 2001 after his extradition by Germany is an accusation that exists in breach of the letters rogatory exchanged between the governments of Germany and Bulgaria. Even so Canada’s Minister of Foreign Affairs refuses to act. With Practiced Aloofness, Officials of the Department of Foreign Affairs and International Trade Repeat to Canadian Families Only What They Are Told by Representatives of Foreign Governments. Whenever unreasonable or questionable representations of foreign officials are openly and reasonably challenged by Canadian families, the Department of Foreign Affairs in Ottawa falls immediately upon an ancient mantra of sovereign right and immunity. Family members are repeatedly and cruelly reminded by Ottawa of the severity and serious nature of their loved ones crimes, the consequences and risk of having chosen to travel or work abroad and that it is better to appease and not confront foreign officials. In the 7th year of the Author’s trial, the Department of Foreign Affairs and International Trade “strongly advised” he withdraw his most recent an appeal against a wrongful criminal conviction, and that he surrender all his other legal, property and human rights in Bulgaria. In addition, his family was asked to pay money to the State of Bulgaria. The Department of Foreign Affairs and International Trade also “strongly advised” the Author meet Bulgarian demands “of his own free will” and withdraw his claims against the State of Bulgaria as made before the European Court of human Rights and civil courts of Canada and the United States. The Author was even asked by the Department of Foreign Affairs that he provide a declaration to Bulgarian officials that he was not being coerced into giving these concessions. Officials of the Department of Foreign Affairs and International Trade gave the reason for making such requests to the Author and his family as an attempt at securing “the good-will” of Bulgaria officials. This way the Department of Foreign Affairs and International Trade could get the cooperation of their Bulgarian counterparts in the transfer of a citizen of Canada.

This report documents exchanges with officials at the Department of Foreign Affairs and International Trade, where the Author and his family are told that citizens of Canada giving up rights not restricted by virtue of their criminal conviction is an acceptable practice in international law. The payments of money and the appeasement of Bulgarian officials would give Canada’s foreign affairs officials the necessary “diplomatic tools” they needed to get the Bulgarian State to agree to observe a multi-lateral treaty that allowed Canadian citizens to be transferred to prison in Canada from Bulgaria. Never in the 8 years of this Author’s and his families involvement with officials in Ottawa have they once heard a Canadian official ready to aggressively question or put to any kind of legal or factual test dubious factual and legal representations and the unreasonable demands of Bulgaria’s officials at its Ministries of justice and foreign affairs. No Matter How Unreasonable, Ethically Questionable or Unlawful the Demands of Foreign Officials, Canada Foreign Affairs Advises Canadian to satisfy these Demands. In the Author’s case, Canada’s Minister of Foreign Affairs has proven unwilling to confront officials of Bulgaria’s government with the specific breaches of the written promises made by Bulgarian in its letters rogatory as delivered to the governments of Canada and Germany. Also, in the Author’s case, Canada’s Minister of Foreign Affairs was unwilling to confront officials of Germany’s government with having remained silent when Bulgarian breached of the terms of this Canadian citizen’s extradition as set out in German letters rogatory to Bulgaria and Canada. The Department of Foreign Affairs and International Trade and Canada’s Minister of Foreign Affairs still continues to refuse to react proactively or positively to the complaints of Canada’s citizens against corrupt foreign practices. This is true in Bulgaria even as the Author prepared his Report, the Honorary Consul to Bulgaria Mr. Levon Hampartzoumian not having replied to one of the Author’s numerous letters and complaints. Canada’s Honorary Consul has even recently been implicated in the media as having connections to Bulgarian organised crime and corrupt Bulgarian government officials. Therefore, it is no wonder that he has done little to secure the repatriation of the Author to Canada and his family. It is those same corrupt Bulgaria officials who are responsible for the Author’s arrest, torture, mock trial and wrongful conviction. There is adequate evidence, direct and anecdotal, to suggest a Canadian government foreign policy that prefers incarcerated Canadian citizens and their families capitulate

and appease foreign officials. Never, should any Canadian expect Canada’s Foreign Minister and his office to demand or defend the rights of Canadians before them. Officials at Canada’s Department of Foreign Affairs and International Trade have an established preference to defend the actions and demands of Bulgarian officials as a sovereign right of the Bulgarian state, notwithstanding the unreasonableness and incompatibility of such demands with international treaties, Bulgaria’s basic constitutional law and the extradition agreement with Germany governing the charges allowed against the Author. Canada’s Efforts at Appeasement Fail In April of 2004, Canada’s Department of Foreign Affairs and International Trade learned that its policy of appeasing Bulgarian demands had failed and Bulgarian officials would not make good on their written promises of April 1999 and oral agreements to transfer the Author to a prison in Canada. As a result, the Author and his family remain separated for more than 9 years and have little hope of being reunited with the help of Canada’s Department of Foreign Affairs. It remains to be seen if Canada’s new Minister of Foreign Affairs will bring an end to the present culture of appeasement. This insulation from confrontation with foreign officials has been allowed enjoy by officials at the Department of Foreign Affairs only at expense of Canadian families. The practice has flourished for far too long and at a terrible human cost to ARAR, SAMPSON, this Author and each of our families. We have all endured too much to silently accept our individual loses and pain, even from within a Bulgarian prison. Will Canada’s Minister of Foreign Affairs order a new and more challenging approach? One ending this culture of insulation and appeasement by replacing with one prepared to legally and diplomatically confront states like Bulgaria whose officials consider treaty obligations as “optional” and the keeping of promises as unnecessary. Whys should a foreign agency or official act positively when he or she knows that the Canadian government is unwilling to take recourse against them? When Canada’s Minister of Foreign Affairs decides to act, then he can bring this Author home and many other citizens of Canada in similar circumstances. In The Correspondences And Transcripts Of Conversations Between This Author’s Family And Officials At Canada Foreign Affairs, The Honourable Members Of This Parliament Can Read For Themselves The Undisguised Contempt Some Canada Foreign Affairs Officials Have Against This Author. The Honourable Members of this Parliament will have the opportunity to themselves read exactly how one Canadian family is confronted by an official in Ottawa, Mr.

Lindsey Hiseler. The written and spoken words of Foreign Affairs Ottawa indirectly defends the rights of foreign states to arrest, detain and even torture citizens of Canada and confirms the guilt of Canadian citizens. Mr. Hiseler taking an almost sadistic pleasure in reminding Canadian families how helpless we are and how Ottawa can do nothing and will do nothing. The Reports and Statement Made by Officials At The Department Of Foreign Affairs And International Trade In Ottawa Proves the Only Apparent Requirement for Being Employed is How Well Confrontations with Foreign Officials can be Avoided and the Complaints of Canadian Families Put Off. From the Author’s experiences as documented in this Report, the principle function of the Department of Foreign Affairs appears only to be one of administering the records of Canada citizens who complain of malicious prosecutions, physical and psychological mistreatment, torture and other abuses. These abuses are not prevented by what is an ineffectual Canadian foreign policy of “silent diplomacy” better described earlier as diplomacy by appeasement. It is this very policy that causes Canadians to suffer more. Each time Canada remains publicly silent over foreign official corruption, brutality and incompetence, the responsible foreign officials, feeling no pressure of accountability, is compelled by the silence to continue his attempts at extortion and torture of Canada’s citizens. Canada’s citizens are offered humane prison conditions, equal application of national laws and freedom only in exchange for paying money or securing favours. Year after painful year citizens of Canada are repeatedly told by Ottawa to “trust their government and the experience of its officials”. As a result, the family of the Author and other Canadian families are being asked by officials in Ottawa to follow what nearly always proves to be very bad advice. Accepting the reassuring words and promises of the Department of Foreign Affairs and International Trade in Ottawa has proven a fatal mistake for the Author, his wrongful conviction final only because the family of the Author was convinced into pleading with him to withdraw the appeals against his criminal conviction. The Canadian hallmarks of humanity, professional ethics and a sense of accountability to the Charter and the laws of Canada are clearly absent in the documented conducts of the Royal Canadian Mounted Police International Liaison and Federal Executive Services and the Attorney General of Canada. And, officials at Canada’s Department of Foreign Affairs and International Trade in Ottawa and consular officials in Bulgarian appear completely unconcerned and oblivious to the suffering that Canadian citizens endure in foreign prisons or to their rights under Canadian and international law. Are The Governments Of Canada And The Republic Of Bulgaria In Silent Agreement To Delay Or Avoid Repatriating the Author To Canada?

This is a deeply disturbing and alien question for a citizen of Canada to ask the members of this parliament. However, the unwillingness of the Canada’s Minister of Foreign Affairs to act in the Author’s case gives substance to this abstract concept and the exigent circumstances surrounding Crown’s involvement in the ARAR begs the following question. Is There A Secret Or Undeclared Agreement Between The Attorney General Of Canada And The Attorney General Of Bulgaria To Keep A Naturalized Citizen Of Canada In Bulgaria? To what end? Possibly to keep the Author from further public prosecution of his claims in courts of Canada against the Republic of Bulgaria and the Attorney General of Canada and so exposing their earlier cooperation? So abstract an idea requires that there be something of sufficient consequence to some one official or some one agency of Canada, and even as the Author sets this idea to pen he finds it far fetched and may be only the seed of a paranoia finding root in the fertile mind of a man to long imprisoned and separated from his family and country. But still the Honourable Members of Parliament must ask themselves what the Author and his family have asked themselves for years. Why in 1996 did the Royal Canadian Mounted Police International Liaison and Federal Executive Services and the Attorney General of Canada rely on cloak and dagger antics, secret indictments and found a need to act in scienter with foreign police and prosecutors in the arrest, questioning, torture and prosecution of a citizen of Canada in Bulgaria? Or, for that matter Syria. Support ends from Canada Foreign Affairs These complaints as made in late 1999 had an unexpected effect of ending what was until then the visible assistance of consular officials at Canada’s Department of Foreign Affairs and International Trade and Canada’s embassy in Bucharest, Romania.. The last Ambassador to visit with the Author in Bulgaria and taking a serious interest in his case was the Honourable David Collins. Consular services official Jamie Bell and Heather Brooks, also from the Embassy of Canada in Bucharest were the last representatives to take a serious interest in the Author’s circumstances and in trying to return him to his family in Canada. 1999 saw the end of intensive sessions between German and Canadian consular officials. Canada’s Consul Bell assured the Author in 1999 that he could not be tried in Bulgaria on any new accusations. And, that his conviction and sentence, if any, had to be within the reasonable limits of a similar sentence had the Author been tried in Germany.

At a meeting with both Canadian and German consular officials in 1999, the Author was told that 9 years was considered to be a “reasonable maximum” as a prison term, and that anything else would precipitate protests from the Government of Germany and Canada. In visits with Ambassador Collins, the Author was told that Bulgaria officials had been asked to secure a speedy trial and that whatever the sentence the Canada would ask for its citizen to be transferred to a prison in Canada. The Author recalls one meeting with Ambassador Collins where he said, and here I paraphrase, “heck, the sentence doesn’t matter we will transfer you immediately, so long as there is a sentence”. After the departures of Ambassador Collins, Consuls Jamie Bell and Heather Brooks, the new representatives of Canada’s foreign affairs to Bulgaria proved uninterested in the Author’s case, particular the two new Canadian Ambassadors who have followed the Honourable Mr. Collins. No Ambassador of Canada has visited the Author since late 1999. Why Does Canada’s Minister Of Foreign Affairs Remain Silent In The Face Of The Fact Of That The Republic Of Bulgaria Is Agreeable To The Transfer And Parole Of Citizens From States Other Than Canada? The Report documents letters rogatory and other Bulgarian correspondences between Canada’s Department of Foreign Affairs and International Trade, Bulgaria Attorney General and this Author. Repeatedly, the Author and his family are assured by Canada and Bulgaria that its treaty with Canada on transfer of sentenced persons will be observed and the transfer of the Author to a Canadian prison approved. As documented in this Report, the Republic of Bulgaria reneged on its written assurance and has refused the first Canadian request for a transfer for one of its citizens. Why? No Agency Of The Government Of Canada Was Prepared To Confront The Facts Or Willing To Put To A Legal Test The Complaints Of This Author. The difficult question of why the Crown acted in complete secrecy and needed to have the Author arrested and prosecuted in a Bulgaria still remains unanswered and a mystery. In 2001, the Author having no funds for a Canadian attorney proceeded to and did prepare his own lawsuit against inter alio the Republic of Bulgarian and Staff Sgt. Derek Doornbos, the member of the Royal Canadian Mounted Police International Liaison and Federal Executive Services who maintained liaison for the Crown with Bulgarian prosecutors.

His family filed the law suit in British Columbia Supreme Court. The lawsuit claims among other things a constitutional tort. So, what of the facts? The Report documents in detail how agencies of the Crown acted outside the scope of their legislated mandate and breached the due process rights of naturalized citizens of Canada. Court documents collected in the Republic of Bulgaria by the Author provide prima facie evidence that give both pith and substance to the Author’s complaints. These copies of official Canadian government correspondences indict the Crown and Royal Canadian Mounted Police for what is now proven to be a malicious prosecution on untrue allegations of fraud and misappropriation alleged by the Crown to have occurred in Bulgaria. The Crown responsible for having uttered and made public maliciously injurious slanders designed and having the sole purpose of creating public enmity against the Author and so aiding the Crown’s stated purpose of having the Author arrested and prosecuted in Bulgaria. The Crown is responsible for the Author’s public humiliation, his destroyed reputation and business collapse. The Author’s inhumane 29 month detention in solitary confinement and repeated torture are directly a result of the Crown’s repeated demands for information from police agents and prosecutors in the Republic of Bulgaria. The documents identified in this report provide more than anecdotal evidence of what are clandestine and unregulated practices finding agencies of the Crown acting with both malice and forethought when violating the Charter rights and freedoms of naturalized citizens of Canada who travel or work abroad. The documents found in the Report reveal the Crown providing foreign police and prosecutors with specific criminal charges, factual motives and requests for the criminal prosecution of Canada’s citizens by foreign prosecutors. The Report reveals how the Crown acted in scienter with the police agents and prosecutors of a foreign state in the malicious prosecution and unlawful detention of a citizen of Canada on criminal charges and reasons formulated by the Crown. The official documents made a part of Report are a written record of how to aide an unrelated criminal investigation in Canada, the Crown turns a blind eye and a deaf ear towards the public humiliation and physical and psychological torture caused too naturalized citizens of Canada. The Author’s case and the MAHER ARAR INCIDENT document to Parliament a willingness of the Crown to tolerate serious injury and harm coming to citizens of Canada. Public statements by Bulgarian prosecutors and police together with anecdotal evidence strongly support the theory that the Crown prefers to unburden itself of naturalized citizens whom it deems undesirable. The Crown readily extraditing ARAR and the

Author to face criminal charges in the countries they fled as children. Criminal charges brought at the written request of the Crown. A History of Unanswered Complaints The Author documents in the Report how in 2001 he sent a detailed written complaint to Ann McLellan, Canada’s then Minister of Justice and Attorney General, and to officials of Canada’s Department of Foreign Affairs and International Trade and then Minister of Foreign Affairs Lloyd Axworthy. At no time did Canada’s Minister of Foreign Affairs or Minister of Justice and Attorney General address the facts and court documents provided by the Author and proving he had been charged by Bulgarian police and prosecutors at the request and on the initiative of the Crown. The Author’s arrest, his extradition from German and detention in Bulgaria the result of a secret 1995 Crown indictment and continued involvement with Bulgarian prosecutors until as late as 1998. What the Report Clearly Documents. How in May of 1995 the Royal Canadian Mounted Police International Liaison and Federal Executive Services and the Attorney General of Canada sent a representative to Sofia, Bulgaria to request Bulgarian police arrest and prosecute the Author. At the time Author was still in Bulgaria and could have been contacted and requested to voluntarily provide the information sought by the Crown in Bulgaria. Instead the Crown preferred to act in secret and through the proxy of Bulgarian police. On July 7th 1995, the Crown’s request to arrest and prosecute the Author in Bulgaria was reduced to writing in a secret criminal indictment issued by Royal Canadian Mounted Police International Liaison and Federal Executive Services to the Bulgarian Interior Ministry Police. This secret Crown indictment of 1995 clearly stipulates in it the alleged nature of the crime the Author is alleged to have committed in Bulgaria and elsewhere. The Crown indictment also supplies Bulgarian prosecutors with what are alleged to be Canadian police facts about the crimes the Author is said to have committed in Canada and elsewhere. The legal qualifications of the criminal charges are also identified by the Crown to Bulgarian prosecutors as criminal misappropriation by fraud. These are the original charges the Crown requested Bulgarian police and prosecutors lay against. In its indictment the Crown requests that after the arrest and prosecution of the Author, Bulgarian police obtain from the Author certain information vital to the Crown in

Canada, this not unlike the requests made by the Crown for Syrian authorities to question and extract information from ARAR for use in Canada. In Conclusion What Can Of The Author Say Of His Report? The Author believes the documents copied and identified in this Report are more than prima facie proof that beyond Canada’s borders and the inquisitive eyes of its courts and elected officials, agencies of the Crown have become blinded by an unregulated freedom of action or un-enforced legislative restrictions on that freedom. According to what the Author’s has documented, there is either no Canadian enactment or judicial precedent that directly binds or makes criminal or civilly liable an agency or servant of the Crown who does not observe Canada’s Charter protections or laws beyond its borders. Or, in the alternative whatever legislation or precedent does exist in Canadian legislation it is without bite, having no teeth to hold agencies or servants of the Crown to its legislative purpose. With no legislative fetter to Canada’s Charter or its national laws or the other legislated protections of its citizens, agencies and servants of the Crown have undertaken outside of Canada a dangerous and questionable practice of secret foreign commissions and indictments that criminally indicts naturalized citizens in the countries of their birth. Many of these countries, like Bulgarian and Syria are internationally recognized for their readiness to physically and psychologically abuse or torture detainees in arrest and prison. The Crown could not help but know this. This Report, when considered in the context of the ARAR incident, is more than casual proof of a culture within the Royal Canadian Mounted Police International Liaison and Federal Executive Services and the Attorney General of Canada that finds senior administrators and field operatives outside of Canada acting in secret scienter with foreign police agencies The Report has presented to the Honourable Members of Parliament documents facts and other exigent circumstances that exist as distinct and separate elements and cannot be clouded over or distorted by the Author’s desperation, paranoia and personal suffering. The secret written indictment of the Crown is real as is the request to Bulgarian police that they criminally prosecute the Author and the numerous visits by a Crown servant to Bulgarian from 1995 to 1998. No one agencies or person can forever escape the truth. History shows that the truth will pursue and catch up with everyone, including Crown servants and agencies responsible for the wrongs and abuses alleged by the Author, ARAR and SAMPSON and the others who most surely will follow us.

The Author has never made pretence of being a flawless and perfect citizen of Canada having lived an uncorrupted. The Author is sure there are such people, but he is not one of them. However, the Author as every citizen of the world has the right to expect not to be wrongly accused and indicted by his own government in front of a foreign government for things he has not done. As a citizen of Canada the Author deserved and correctly expected to be treated with some dignity and given the benefit of doubt by Crown agencies and servants, even if they do not consider his character to be beyond reproach. Crown agencies and servants should have shown in deed and not only words humanity and compassion for the wife and small son left alone in Canada. Ultimately, you Honourable Ladies and Gentlemen of Canada’s Parliament will have to decide how much you can or are willing to accept of the Author’s facts and his reasoning. One fact no one can escape is the harm caused a child who has to grown up without the support and love of a father.