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Mr. Stanley G. Cohen


International Chairman
Cuban Jewish Relief Project

E-mail: cohenco@msn.com

Date:
Dear Mr. Cohen,

I was pleased to here of your safe return. Please accept my apologies for delaying a
response to your last correspondence and questions. Delays and frustration are an
integral part of my daily life and recently Ms. Radoulova and I where overwhelmed
with last minute preparations for a hearing of (1) my civil claims against Bulgaria in
a Canadian court of law, and (2) my appeal before the Supreme Court of Bulgaria.
Literally it can be said that these last years I have done most of the legal work here
and all of it in the United States and Canada. A matter of the reality that neither my
family or I can afford attorneys and not a choice of vocation, although that may
change. It appears that I seem to have become more than a little effective in my
understanding of the applications of international law to domestic civil proceedings
against foreign states as conducted in Canada and the United States.

Well, having said that I will nonetheless reserve my opinions for the final outcome of
my law suits back home and what success, if any, we have with this last Bulgarian
appeal court. I would like to tell you, if Marianna has not, that I was acquitted on
August 17th 2001 and discharged of the 23 year sentence for embezzlement.
However, finding me completely innocent, after 6 years in prison and the public
scandals, would have been to much for that court, so they imposed a new charge,
fraud, and sentenced me to 9 years. What remains now is either to be acquitted of
the new charge, my request, or transferred to Canada. However, the prosecutor is a
poor loser and has protested, it seems the State wants the sentence set aside and
the case returned for a completely new investigation! From zero!! They want a
chance, after 7 years, to go back and start again to reconstruct their arguments and
look for new facts!! After 6 years I can not tell what frustration it is to hear that they
want to restart an investigation that gone on, in total 7 years. And of course they
want to continue keeping me in prison in Bulgaria. I cannot adequately express the
dismay and shock of my family at hearing that they want to start this whole thing
from scratch and continue to keep me incarcerated and away from home. Well,
enough said, let us pray that there is some greater reason for this, though to be
honest that reason, whatever it might be, escapes me completely.

It is with pleasure I answer your questions and again extend my thanks. So, by the
numbers:

1. I am a citizen of Canada. But there are some caveats to this.

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My sister is American. We took our high school and university education in the
United States. I resided mostly in Dallas, Texas and Seattle, Wa., from 1966 to
1986. My parents reside now in Chicago with my sister. I did a lot of work in "hot
zones" of the Middle East and South America and found my Canadian nationality
caused less questions. At the time dual USA citizenship was not possible, my
sister gave up her Canadian citizenship and I could not afford to at the time.
That changed some years ago. However, I never got around to my application
and then this happened. I do not have a "Canadian" mentality, and believe me
there are distinct differences in the "Canadian" as opposed to the "American"
attitudes towards many, many things. I am definitely not the a typical Canadian.

2. Both the Canadian and United States governments have attempted to help.

Canada's involvement of course has been greater as a result of my citizenship.


My sister (Sonja) and my dad (Bob) managed to get some help from the State
Department and, if I recall correctly, in particular Senator Lugar. Also I did get
the former governor of Texas and now President, George Bush Jr., to look at the
particulars of my case and write. In each instance however the problem is
reduced to Bulgaria beating its chest and insisting that as a sovereign state it
can do as it pleases, and interference viewed as assaulting its dignity and
sovereignty. Those are, quite literally, its words to the inquires and requests of
both governments over the years. It was this attitude that pressed me into filing
civil law suits in the United States and Canada. These are meant to, and will in
due course show, that the luxury of a foreign governments "absolute immunity"
is a thing of the past. You can not indiscriminately destroy the lives of men and
women. The "help" left is to press, if at all possible, a fast trial by the Supreme
Court of Bulgaria, and at worst my speedy transfer to a facility in Canada where I
would be eligible for immediate release.

3. My age, 48 (Nov. 6, 1952)

4. Date of arrest, February 7th 1996

5. Sentence passed March 13th, 2001 for 23 years on one count of embezzlement.
Acquitted on August 17th 2001.

6. New Charge and Sentence brought August 17th 2001 for 9 years for one count of
fraud committed through a "third party".

Presently protested by the State and appealed. The health of my mother is very
bad and that of my son fragile, and their need and mine to be together right now
is urgent. With the 9 year sentence I could have been released on parole and
returned, a free man, to my family. I would not have appealed at all were it not
for the prosecutors insistence that I remain imprisoned and not be released
under any circumstances.

7. A new trial, as you can see the state of Bulgaria is having difficulty to maintain
or prove its accusations. Under Bulgaria jurisprudence there is "no final charge"
or "final sentence" until the last appeal or protest has been exhausted before its
courts. Further, under the present law, the state can indefinitely investigate and

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incarcerate an individual, "ad infinitum". For this reason there are 800
outstanding complaints against Bulgaria in the European Court of Human Rights.

8. International attention?

Oddly very little, and that is something I am at a loss to explain. Possibly it is a


consequence of the early years when the Bulgaria government promoted the
fact the my mother (Russian) happened to be born in Bulgaria and apparently I
was as well born here according to certain reports (that later proved false, I was
born in former Yugoslavia). The government represented me as "a Bulgaria who
returned from the West to cheat his country men and enrich the Cabalistic Cult
that I was chief of" ,as a result most probably the international media treated me
as a "local story". Keep in mind that I was locked up in solitary confinement 2
years and 6 months with no direct or unmonitored or uncensored contact of any
kind with the outside world, and could not then, as I do now, send out my version
of things. It has taken nearly 4 years of hunger strikes and other protests to gain
my present freedom. And that is always fragile.

9. I am imprisoned in the City of Sofia, Republic of Bulgaria, Central Penitentiary


Facility for foreigners in Sofia.

10.The conditions of my imprisonment?

Well, there was a riot here a week ago about those conditions. Allow me to
provide you the statistics. One (1) prisoner is allocated $0.22 U.S.D. (cents) per
day for food and the total budget for housing, medical care, food, facilities, etc.,
per day per prisoner is $4.75 U.S.D.. There are 2 common toilets for 83 men,
there is no proper hygiene of those toilets, there is no glass in our windows,
there is one common shower, there are no facilities to launder clothing or
bedding, there is no medicine if you get sick, there is no recreation facilities and
finally, there is no chance for work, education or physical contact with family
members. Picture the absence of the foresaid and the lowest quality of materials
possible for what is left. Then you have a picture of where we live. I and every
prisoner here are "totally" reliant for food, medicine, books, etc., on what our
family and friends are willing to send us from abroad in either money or
products.

We are luck as most foreigners come from richer nearby countries (Turkey,
Greece, Poland, Holland, Germany, etc..), the Bulgaria's have the advantage of
language and nearness of loved ones. But they are so poor that their personal
circumstances are beyond description.

I personally have difficulties that are financial and result from the length of my
detention here and the costs of the severe illness of my mother and the diabetes
of my 8 year old son, Nicholas. They both became sick after I was arrested and
we were separated for more than two years. I have provided an Amicus Curiae of
a doctor of psychology. I think it explains what we all believe happened.

11.My health? Well, I have to be strong for those outside of this place that love me
and believe in me. I cannot afford to be ill and the Lord our G-d has made me
strong. If anger is medicine, then I am in abundance.

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12.Practice my Judaism?

Regrettably no. I attempted to be allowed to observe Kosher practices, but was


informed this was not to be permitted - outside the regime of things. I wrote the
local Rabbinate to visit me and received absolutely no reply ( I think he's
Orthodox and wanted "proof" I am Jewish, I wrote and asked him if Abraham
were to suddenly appear, then what document would he need to produce to
prove he is a Jew? I told him of my grandfathers and mothers place of birth and
my family in Moscow - all very public "Jewish" personalities so that the Rabbi
could be satisfied. Again no answer. This is, to tell you the truth, very
frustrating.). Which reminds me, B'nai B'rith New York had promised me some
religious texts (Tora and Talmud) in English so I could study, I nee to get back to
them on that.

13.Visitors?

Twice a month, wire mesh cages separate us, telephone and 45 minutes.
Occasionally with a little "political push" a visit can be arranged in advance in
more human circumstances. Food and other items may be provided or
exchanged. I have friends and supporters here who visit me.

14.Packages?

Yes, and frankly it is our only possibility way to survive. We are allowed to
receive products on twice per month (either at the visits, when the quantity is
unrestricted or by post when it is limited to 10kg per box of food stuffs. Non food
products are unlimited as to frequency. Again box weight is limited to 10kg).
Typically, when we receive them, the only limitations are on products packed in
glass or pressurized containers or cooking oil, vinegar and eggs (uncooked)
these latter items are forbidden. My sister and wife used to send packages
directly to the prison, but they would be opened and the items stolen before I
received them or the packages would never arrive. After that they would send
them to a friend here and they would hand carry them to the prison or my family
would send the money if what was being sent could be bought locally. It has
been an experience for all of us.

15.As to your last question.

That would engage hundreds of pages. I have already written them and there is
a rather primitive webb site named after mount Horab. It contains hundreds of
pages that address exactly such concerns as I have expressed them to the
courts, and various government organs. To narrow it into something simple?

My first desire is to get home to my family, I've got elderly parents that need me,
and a small son. To do that I need to be able to keep fighting, and to keep
fighting I need the support of friends and strangers who share a common
humanity and sense of justice and fair play.

Politicians and the government here are particularly sensitive to foreign public
opinion, and for that I have asked you and others for help. No matter what form
that help takes.

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My first really practical hope is to get that help on line in a form that allows me
to keep doing what I am doing, fighting to demonstrate I am innocent and to be
able to get home, under any circumstances, provided that events force me to
prove my innocence before a foreign or international court. Those steps are
taken and only interference or obstruction by Bulgarian officials at this prison
can stop those effort. The evidence that establishes my innocence has been
collected, but the courts refuse to accept it. I recognize it is difficult for you or
anyone from our democracy to believe that a court of law would refuse to hear
evidence that would acquit someone, but its true and I cannot escape my
believe that this is the result of discrimination and fear of the financial
consequences and injury to credibility the Republic of Bulgaria that would
inevitably result from any acquitting of me.

After 5 years and 8 months I was proven innocent of the original charge I was
arrested for in Feb. 1996. I've been screaming for all that time I am innocent and
the charges impossible then and now. I am again saying the same thing, that the
new charge and sentence for fraud is as equally impossible as the first. The
degree of impossibility is less simply because of the nature of any fraud is often
more interpretation or a material representation that is blatantly deceptive.
Given the chance I'll prove my innocence. Given the chance doe not mean
simply having a day in court, it means having a day in court to challenge
arguments and give evidence. The latter simply is not allowed to occur, and I
believe that the civil case in the United States and Canada, which are around the
same facts and contracts, will ultimately expose the truth and demonstrate the
injustice.

Well, sorry, four pages. I wish this whole thing was something simple and easy to
understand. Its not. It is an intellectual and factual exercise of immense
proportions.

I am just so very happy to have someone to write.

All the best, below is Marianna's information and comments she may have. Also,
the new government appointed as Foreign Minster a friend of mine and a Jew,
Salmon Passé. I wrote him and that letter is attached, as well I wrote the
Bulgarian Deputy Minister of Justice who is well acquainted with me - as is most
of Bulgaria - again you may find this of general interest.

You are a good man Mr. Cohen, and I, as my father, am one very stubborn Jew.

Respectfully yours,
Michael Kapoustin

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